Moorpark City Zoning Code
CHAPTER 17
28 STANDARDS FOR SPECIFIC USES
§ 17.28.010 Purpose.
§ 17.28.020 Standards relating to dwellings.
A.
Antennas—Ground Mounted. No antenna or mast shall exceed 75 feet in height. The crank-up variety antennas shall be used. All units are encouraged to be color-coordinated to harmonize with predominant structural background material, so as to reduce visual impacts. Where feasible, support structures shall be screened from public view. The most unobtrusive locations for the antennas are generally in the rear yard, behind trees and adjacent to main or accessory buildings in order to provide background screening for the support structure. The height, nature, texture and color of all materials to be used for the installation, including landscape materials, shall be submitted with the permit application.
B.
Home Occupations and Garage Sales.
1.
Home Occupation Requirements. A home occupation is the interior and incidental use of a dwelling, in all residential zones and in the residential portion of specific plans, for business purposes with a valid home occupation permit meeting all of the requirements of this section.
a.
Application. An application for a home occupation permit shall be filed with the community development director on forms prescribed by the community development director along with the fee established by city council resolution.
b.
Approval Criteria. The community development director shall approve an application for a home occupation permit that meets the following criteria:
i.
The applicant shall be the homeowner, or in the case of a rental housing unit, the applicant shall provide a signed owner's statement that the proposed home occupation is allowed under the rental agreement.
ii.
Accessory structures shall not be used for home occupation purposes.
iii.
Persons other than residents of the property shall not be engaged on the property in the home occupation.
iv.
The home occupation shall not generate pedestrian or vehicular traffic beyond that normal to the zoning district in which it is located.
v.
Customer services or sales of goods, wares or merchandise on site shall not be permitted, except by mail or electronic communication. Instruction, tutoring or teaching of a maximum of three students per session and/or six students per day, whichever is more restrictive shall be allowed. The community development director may make allowances for single events having more than the maximum of six students per day and/or three students per session.
vi.
Commercial vehicles, having a specific manufacturer's gross weight rating of 10,000 pounds or more in connection with the home occupation, shall not be permitted as limited by Section 10.04.300 of this code.
vii.
A maximum of one commercial vehicle, having a specific manufacturer's gross weight rating of less than 10,000 pounds, in connection with the home occupation shall be permitted so long as it is legally parked either on the street or on the site.
viii.
The use of signs, merchandise, products or other material or equipment displayed for advertising purposes shall not be permitted.
ix.
Outdoor storage of materials and/or supplies or other outdoor activity related to the home occupation shall not be permitted.
x.
Uses, by reason of color, design, materials, construction, smoke, dust, fumes, odors, glare, lighting, noise or vibrations, that alter the residential character of the dwelling, or unreasonably disturb the peace and quiet of the surrounding area shall not be permitted.
xi.
The home occupation shall be limited to a maximum of 10% of the gross floor area of the residence, or 150 square feet, whichever is greater. Related materials and supplies shall be stored only in the designated area approved by the community development director. No structural alterations shall be permitted within the dwelling unit to separate any area used for a home occupation from the dwelling space. No area used for a home occupation shall be subleased or rented to another party.
xii.
A valid city business registration permit or license shall be required.
xiii.
There shall be no storage of flammable, toxic, hazardous, combustible materials indoors or outdoors, including, but not limited to, gasoline, solvent or gun powder for purposes beyond those normally used for normal household purposes.
xiv.
The garage, carport or accessory structures shall not be used for home occupation purposes. There shall be no storage in the garage, carport or dwelling of any materials or supplies not recognized as being part of normal household or hobby use.
xv.
The home occupation shall not create excessive demand for municipal or utility services or community facilities beyond those customarily provided for residential uses.
xvi.
There shall be no on-premises use of material or mechanical equipment not recognized as being part of normal household or hobby use.
xvii.
On-site sales of goods, wares or merchandise or on-site commercial activities in residential zones, except as allowed by subsection (B)(1)(b)(v) of this section, is prohibited.
c.
Conditions. In granting a home occupation permit, the director may impose conditions to safeguard and protect the public health and safety and promote the general welfare. The applicant shall agree in writing to comply with all conditions prior to the issuance of a home occupation permit.
d.
Duration of Permit. Unless otherwise stated in the home occupation permit, the home occupation permit at the approved address shall be valid until six months after the use for which the permit was issued has ceased or until the permit is revoked.
e.
Revocation of Permit. A home occupation permit may be revoked pursuant to the revocation provisions of Chapter 17.44 of this title if the community development director makes any of the following findings in addition to any of the findings for revocation in Chapter 17.44 of this title and notifies the applicant in writing:
i.
A condition of the home occupation permit has been violated;
ii.
The use has become detrimental to the public health, welfare and safety; is resulting in a significant traffic impact; or constitutes a nuisance;
iii.
The home occupation permit was obtained by misrepresentation or fraud;
iv.
The use for which the home occupation permit was granted has ceased for six months or more;
v.
The use for which the home occupation permit was granted has become nonconforming due to a change in the municipal code and a reasonable period of time, as determined by the community development director, has elapsed to allow for the termination or relocation of the use.
In the event of a conflict between the findings and provisions of this section with respect to the revocation of a home occupation permit and those of Chapter 17.44, the findings and provisions of this section shall control. |
2.
Garage Sales Requirements. Garage sales shall be permitted in all residential zones, provided the sale conforms to the criteria and conditions identified in this chapter. No application shall be required. The city shall, however, monitor garage sales to ensure compliance with the following criteria and limitations.
a.
No more than three garage sales shall be conducted on the premises in any calendar year; provided, however, a fourth (4th) sale shall be permitted if satisfactory proof of a bona fide change in ownership of real property is first presented to the community development director. A minimum of five days must pass between individual sale events. No single sale event shall be conducted for longer than three consecutive days. Garage sales shall not be held for more than two consecutive weekends. Garage sales shall be conducted between the hours of seven (7:00) a.m. and seven (7:00) p.m.
b.
Property offered for sale at a garage sale may be displayed on a driveway, in a house and/or in a rear yard, but only in such areas. No property offered for sale at a garage sale may be displayed in any front yard or in any public right-of-way.
c.
A maximum of six off-site directional signs, not to exceed two feet by two feet, shall be permitted. Written permission to erect signs on private property shall be obtained from the property owners of the site where such signs are to be placed. This written authorization shall be provided to the city upon request. Signs may be displayed only during the hours the garage sale is actively being conducted and shall be removed at the close of the sale activities each day. No signs shall be placed on utility poles or in the public right-of-way.
d.
A nonprofit organization or association of persons may conduct a garage sale at the residence of one or more of its members pursuant to all of the requirements of this section. One such sale may be held per year without such sale being deemed one chargeable to the premises in question for the purpose of applying the three sales per year limitation set forth in subsection (B)(2)(a) of this section.
e.
No garage sale shall be held so as to include more than three residences or parcels at the site of the sale without first obtaining written approval from the community development director. In granting an approval for a garage sale encompassing more than one residence or parcel, the director may impose reasonable conditions consistent with the policies of this section. Group garage sales, when coordinated by residents or sponsored by a local homeowner's association, may be permitted up to two times per calendar year and shall comply with all other requirements for garage sales.
C.
Mobilehomes and Manufactured Housing.
1.
Mobilehome Construction. Mobilehomes may be used as single-family dwellings if the mobilehome was constructed on or after June 15, 1976. Mobilehomes used as second dwellings are subject to this date limitation.
2.
Mobilehome Foundation System. Mobilehomes which are used as single-family residences or as caretaker or farm worker dwellings shall be installed on a foundation system in compliance with Chapter 2, Article 7, Section 1333 of Title 25 of the California Administrative Code. Nonconforming mobilehomes renewed under a continuation permit shall be in compliance with the applicable provisions of Chapter 2, Article 7 of Title 25.
3.
Exterior Siding. Exterior siding of a single-family dwelling shall extend to the ground level, or to the top of the deck or structural platform where the dwelling is supported on an exposed pile foundation complying with the requirements of Sections 2908 and 2909 of the Uniform Building Code, or to the top of a perimeter foundation. For mobilehomes used as caretaker or farm worker dwellings, manufactured mobilehome skirting shall completely enclose the mobilehome, including the tongue, with a color and material that will be compatible with the mobilehome. The siding shall be covered with an exterior material customarily used on conventional dwellings and approved by the department of community development.
4.
Site Plan and Elevations. The site plans and elevations of the proposed housing unit are subject to review and approval of the department of community development. Applicants are required to submit designs which are in keeping with the overall character and quality of the neighborhood and community.
5.
Roof Pitch. The mobilehome or manufactured housing unit shall have a roof with a pitch of not less than two inches of vertical rise for each 12 inches of horizontal run and consisting of shingles or other material customarily used for conventional dwellings and approved by the department of community development and the building official.
6.
Porches and Eaves. The mobilehome or manufactured housing unit may be required to have porches and eaves, or roofs with eaves when, in the opinion of the department of community development, it is necessary to make it compatible with the dwellings in the area.
D.
Mobilehome or Recreational Vehicle as Temporary Dwelling During Construction. A mobilehome or recreational vehicle may be used for living purposes for a 12 month period by the owner(s) of a lot for which a building permit has been issued, is in full force and effect on the same site, and construction is underway. The community development director may grant one additional 12 month time extension if substantial progress toward construction of the principal residence is being made. The mobilehome or recreational vehicle shall be connected to the permanent water supply and sewage disposal system approved by the Ventura County environmental health division for the structure under construction. Within 45 days after the issuance of a zoning clearance for occupancy, the mobilehome or recreational vehicle shall cease use as a dwelling, be disconnected from such systems and shall be removed from the site. A temporary mobilehome or recreational vehicle may be accessory to construction on adjacent lots under the same ownership as the lot on which the mobilehome or recreational vehicle is installed. In no case shall the mobilehome or recreational vehicle be rented, leased or otherwise occupied by a non-owner of the lot. A bond or cash deposit shall be required in the amount to cover removal of the temporary mobilehome prior to receiving city approval for the placement of the temporary dwelling. The amount of the deposit shall be determined by the community development director.
E.
(Reserved)
F.
Open Storage.
1.
There shall be no open storage in any front or street-side setback, or in an area three feet wide along interior side lot lines.
2.
On lots of 20,000 square feet or smaller, open storage shall not exceed an aggregate area of 200 square feet. On lots greater in area than 20,000 square feet, the aggregate area shall not exceed 1% of the total lot area, up to a maximum of 1,000 square feet. Lots of 40 acres or more in the O-S and A-E zones are permitted a maximum of 2,000 square feet of open storage, provided that all open storage exceeding 1,000 square feet is screened from view from all public rights-of-way within 300 feet of such additional storage area.
3.
With the exception of boats and unstacked automotive vehicles, the materials shall be limited to a height of six feet.
4.
Open storage must be accessory to the principal use of the property, and not related to any off-site commercial business or activity.
5.
The following are not considered to fall within the definition of open storage, and are therefore exempt from the above open storage regulations:
a.
Materials or equipment kept on any lot for use in construction of any building or room addition on a lot for which a zoning clearance and necessary building permits are obtained and in force; provided, that, such storage is neat and orderly, and does not exceed an area equal to the gross floor area of the building or addition under construction. Stored materials shall be installed within 180 days of their placement on the lot; however, the community development director may grant a time extension for good cause, based on a written request from the applicant;
b.
Items used periodically or continuously on the property by the resident(s) thereof, such as outdoor furniture, trash cans or barrels, equipment for maintenance of the property, outdoor cooking equipment, and recreational equipment, accessory to the principal use;
c.
One cord (128 cubic feet) of firewood, if stored in a neat and orderly manner in one location on the lot.
G.
Accessory Dwelling Unit—Standards and Requirements. An accessory dwelling unit (ADU) requires approval of a zoning clearance, and compliance with Government Code Sections 65852.150 through 65852.26 (as may be amended by the state of California) and applicable development standards identified in this title.
H.
Two-Unit Residential Developments.
2.
Review Authority. Applications for two-unit developments shall be considered ministerially, without discretionary review or a hearing, subject only to the permit requirements applicable to the new construction or alteration of residential dwellings, including, but not limited to, zoning clearance and building permits.
3.
Requirements—Location. A parcel for a two-unit development or urban lot split shall:
a.
Not be located within a very high fire hazard severity zone, unless the project site otherwise satisfies the requirements specified in subparagraphs (B) to (K), inclusive of paragraph (6) of subdivision (a) of Section 65913.4 of California Government Code;
b.
Not be located within a mapped 100 year floodplain, wetland, recorded open space easement, mapped creek or river, regulated floodway;
c.
Not be located within either prime farmland or farmland of statewide importance;
d.
Not be located within a designated hazardous waste site;
e.
Not be located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district;
f.
Not be located within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless standards can be achieved as described in Government Code Section 65913.4(6)(F);
g.
Not be located on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), or other adopted natural resource protection plan; or
h.
Not be located on land protected by a conservation easement.
4.
Eligibility. A parcel is not eligible for a two-unit development if the project would require demolition or alteration of:
a.
More than 25% of the exterior walls of a unit that is occupied by a tenant or has been occupied by a tenant at any time in the previous three years;
b.
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
c.
Housing that is subject to any form of rent or price control; and
d.
A parcel containing a unit that was withdrawn from the rental market through an Ellis Act eviction at any time in the last 15 years.
5.
Number of Units. Development pursuant to this subsection shall comply with the following:
a.
Two-Unit Developments.
i.
The maximum number of attached or detached primary dwelling units permitted on any lot in a single-family zone is two.
ii.
Accessory dwelling units shall be considered separate from the two primary dwelling units authorized by this subsection H. A maximum of two units may be located on a lot created through an urban lot split, inclusive of accessory dwelling units and junior accessory dwelling units consistent with Government Code Sections 65852.2 and 65852.22.
6.
Parking. One on-site covered parking space shall be required per unit.
a.
This requirement may be satisfied by an attached or detached carport or enclosed garage.
b.
Exceptions. No on-site parking shall be required when:
i.
The site is located within 1/2 mile walking distance of a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code;
ii.
The site is located within 1/2 mile of a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or
iii.
The site is located within one block of a permanently established car-share vehicle pick-up/drop-off location.
7.
Setbacks.
a.
The interior side yard and rear yard setbacks for two-unit developments shall be four feet.
b.
The front yard and street side yard setbacks for two-unit developments shall be as required by the zone.
c.
Additional setbacks shall not be required for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure (i.e., a building reconstructed on the same footprint).
d.
Notwithstanding the above, an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet Building Code safety standards and are sufficient to allow separate conveyance.
8.
Additional Requirements for Two-Unit Developments. Unless otherwise specified in this subsection H, all development standards applicable to the construction of a single-family dwelling shall apply to two-unit developments, including, but not limited to:
9.
Applicable Chapters. The requirements of the following chapters of this title shall apply to two-unit developments:
10.
The application of any development standard that would physically prevent the development of at least two primary dwelling units of at least 800 square feet shall be waived. No variance or other discretionary action shall be required.
11.
Additional requirements for urban lot splits shall be as set forth in Chapter 16.60 (Urban Lot Splits) of the Subdivision Code.
12.
Design Standards.
a.
Privacy.
i.
A minimum separation of 10 feet shall be provided between any detached dwellings on the site.
ii.
Windows within 30 feet of a neighboring structure on another parcel shall not directly align with the windows of the neighboring structure.
iii.
Upper story unenclosed landings, decks, and balconies that face or overlook an adjoining property shall be located a minimum of 15 feet from the interior lot lines.
b.
Building Height. Where any portion of the proposed construction consists of two stories or exceeds 16 feet in overall height, upper floors and the portions of the structure exceeding 16 feet in height shall comply with the minimum required setbacks of the underlying zone.
c.
Materials.
i.
On sites already developed with an existing residential unit, the new construction shall be designed and constructed to match the existing dominant roof pitch, paint color and exterior finish materials, including, but not limited to, siding, windows, doors, roofing, light fixtures, hardware, and railings.
ii.
Where no development currently exists or where existing development is to be removed, two-unit developments shall be designed so that the units match one another in dominant roof pitch, paint color and exterior building finishes, including, but not limited to, siding, windows, doors, roofing, light fixtures, hardware, and railings.
iii.
Design elements and detailing shall be continued completely around the structure. Such elements shall include, but not be limited to, window types and treatments, trim detailing, and exterior wall materials.
iv.
Window and door types and styles shall be consistent on all elevations.
v.
All vents, downspouts, flashings, electrical conduit, etc., shall be painted to match the color of the adjacent surface unless specifically designed as an accent material.
vi.
Exterior building lighting shall be directed downward, have a shielded light source, and be designed so that the light is not directed off site.
d.
Landscaping.
i.
Front and street side yard areas shall be fully landscaped pursuant to the requirements of Chapter 15.23 (Water Efficient Landscape Ordinance) and the city's Landscape Standards and Guidelines.
ii.
A minimum of one twenty-four (24) inch box tree of a broadleaf or evergreen species shall be provided on site per unit constructed. Palm trees or invasive trees shall not be considered to satisfy this requirement.
iii.
Complete landscaping and irrigation plans shall be submitted to the planning division prior to the issuance of building permits.
iv.
Installation of approved landscaping shall be completed prior to release of final occupancy.
e.
Additional Requirements.
i.
Short-Term Rentals. Units created pursuant to this subsection H shall be rented or leased for a term longer than 30 days.
ii.
Owner Occupancy.
(A)
Unless the lot on which a two-unit development is constructed was established through an urban lot split pursuant to Chapter 16.60 (Urban Lot Splits) of the Subdivision Code, the owner of the property shall reside in one of the units as their principal residence.
(B)
A deed restriction shall be recorded on title to the subject property binding current and future owners to this requirement.
13.
Noticing.
a.
The community development department shall prepare a written notice to the record owners of all properties within 300 feet of the exterior boundaries of the property on which the development is proposed.
b.
The notice shall be mailed to the last known name and address of such owners as shown on the latest available equalized assessment roll of the county assessor.
The notice shall identify:
i.
The address and location of the property;
ii.
The nature of the proposed construction;
iii.
The anticipated start and end dates of construction;
iv.
Contact information for the community development department; and
v.
The following statement: "This Notice is sent for informational purposes only and does not confer a right on the noticed party or any other person to comment on the proposed project. Approval of this project is ministerial, meaning the city of Moorpark has no discretion in approving or denying the project if it complies with all legal requirements. Approval of this project is final and not subject to appeal."
c.
The notice shall be sent no fewer than 14 days prior to the issuance of a building permit for the proposed two-unit development.
14.
Variances.
15.
Severability. If any provision of this subsection or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this subsection which can be implemented without the invalid provision or application and to this end the provisions of this subsection are declared to be severable.
I.
Use of Structures for Dwelling Purposes. Structures may not be used for human habitation except as specifically permitted in this title.
J.
Farm Worker Dwellings—Standards and Requirements. A farm worker dwelling, as defined in Section 17.08.010 of this code, shall be allowed in accordance with the provisions of Chapter 17.20 of this code, and in compliance with all of the following standards and requirements:
1.
Minimum Lot Size. Property must meet minimum lot size of five acres as required for agricultural uses.
2.
Permitted Size. Farm worker dwellings may consist of no more than 36 beds in a group sleeping quarters, or 12 units or spaces designed for use by a single family or household.
3.
Off-Street Parking. One off-street, covered parking space must be provided for each single-family unit and one parking space must be provided for each three beds in the group sleeping quarters. The parking must have approved access and paving in accordance with Chapter 17.32 of this code.
5.
HCD Permit. A permit from the State Department of Housing and Community Development (HCD) shall be obtained, as required by the Employee Housing Act and all applicable regulations.
6.
Occupancy Review. The property owner must complete and submit to the director of community development a farm worker dwelling verification letter no later than 30 days after receiving a permit to operate from HCD, and annually thereafter, to ensure compliance with state and local regulations on farm worker housing. The verification letter must include information regarding the housing type, number of dwelling units or beds, number of occupants, occupants' employment information, and proof that a permit to operate from HCD has been obtained and maintained.
7.
Farm Worker Occupancy. The property must be occupied by farm workers and their families. A declaration of this restriction in a form approved by the city will be recorded by the city and be binding on all future owners. Beginning one year after the issuance of the building permit and annually thereafter, the owner must file an annual report to the department listing the occupants of the farm worker dwelling and their place of work in order to ensure compliance with this requirement.
8.
General Development Requirements. Construction of farm worker dwellings shall comply with development requirements of the underlying zone.
9.
Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner.
(Ord. 515 § 10, 2023)
§ 17.28.030 Standards relating to animal keeping.
A.
General Provisions. The standards in this section shall apply to animal keeping or animal usage in residential, agricultural and open space zones for the personal use or pleasure of the residents of the property where the animal is kept. Any animal not specifically classified in Table 17.28.030 shall be classified by the community development director based upon the director's written determination of similarity to animals listed in Table 17.28.030. These regulations do not apply to animals used to provide a service to individuals with a disability, such as seeing-eye dogs and miniature horses. All animal keeping must be in compliance with Title 6 of the Moorpark Municipal Code.
1.
All animals shall be contained in a humane manner entirely on the site on which they are located. The manner of containment shall meet the setback and height requirements of the zone in which the property is located and for the type of containment proposed. Animals may be contained in required side and rear yard setback areas, but not in required front yard setback areas.
2.
All animal containment areas shall be maintained sanitary, free from litter, garbage, debris and the accumulation of animal waste. Containment areas shall not be located in a drainage channel or conveyance.
3.
Animal containment areas, other than for apiculture, pet animals, and cats and dogs, shall be maintained at least 40 feet from any structure used for human habitation other than the owner's residence.
4.
Apiculture shall conform to the following requirements:
a.
Street Separation. No beehive or box shall be located or maintained within 150 feet of any public road, street or highway, or as determined by the community development director.
b.
Apiary Location. A beehive or box shall be located or maintained a reasonable distance from an urbanized area. For the purpose of this section, an urbanized area is defined as an area containing three or more dwelling units per acre. A "reasonable distance" shall be determined after investigation by the community development director but shall not be less than 400 feet from the property line on which the hives are located.
c.
Dwelling Separation. No beehive or box shall be located or maintained within 400 feet of any property line.
d.
Property Line Separation. No apiary shall be located or maintained within 50 feet of any property line common to other property except that it may be adjoining the property line when such other property contains an apiary, or upon mutual agreement for such location with the adjoining property owner.
e.
Water. Available, adequate and suitable water supply shall be maintained on the property near the apiaries at all times.
5.
Domestic animals, other than those listed in Table 17.28.030, shall be allowed to be kept on all residentially zoned property subject to the following limitations:
a.
A maximum of 15 domestic animals, including, but not limited to, mice, rats, hamsters, guinea pigs, turtles, and small birds (less than six inches in overall height). Outside enclosures shall be set back a minimum of 15 feet from any adjacent property line;
b.
A maximum of three large birds (greater than six inches in overall height) of the parrot family. Outside enclosures shall be set back a minimum of 15 feet from any adjacent property line;
c.
Tropical fish, small caged crustaceans, amphibians and arthropods, and other similar animals commonly sold in pet stores and kept as household pets, may be kept on any residentially zoned lot so long as the animals are not maintained for commercial purposes, do not constitute a nuisance, and are adequately provided with food, care and sanitary facilities;
d.
Animals which do not fit within this category may be permitted (including the total number), upon approval by the community development director.
B.
Animal Keeping. The animal keeping requirements listed in Table 17.28.030 are primarily for the keeping of animals for the pleasure of the owners and not for commercial purposes, except as noted in the table.
C.
In case of an emergency, with the approval of an administrative permit, any animal classified in Table 17.28.030 shall be kept in an approved zone, with a permit, for the duration of the emergency or relocation of the animal, but not exceeding 15 days or as determined by the community development director.
D.
Notwithstanding the requirements in this section, animals in excess of those listed in Table 17.28.030 below may be kept on properties with a minimum area of five acres subject to approval of a conditional use permit and the following findings:
1.
The applicant has provided letters in support of the request from all neighboring property owners within 500 feet of the facilities and enclosures in which animals will be kept;
2.
The applicant has provided a maintenance plan detailing the care regimen for the animals and associated facilities;
3.
The applicant has provided a fire prevention and evacuation plan detailing strategies to safeguard the property, structures and animals from fire hazards and evacuate all animals to safety in the event of a fire;
4.
The applicant has provided a care plan detailing that a licensed veterinarian will be available at all times to provide care to the animals and available to respond to medical emergencies; and
5.
The applicant has provided plans for the proposed facility that are adequate to safeguard the animals from natural predators and ensure that they will be confined to the property.
Table 17.28.030 ANIMAL KEEPING | |||
|---|---|---|---|
Type of Animal or Animal Usage (see Note 2 for example calculation) | Minimum Lot Size | Maximum Number Per Lot Area1 | Zoning |
1. Apiculture | 1 acre | No maximum | O-S, A-E, R-E, R-A, R-L, R-1 |
2. Aviary for domestic birds (see § 17.28.030(A)(5)) | 5 acres | No maximum | O-S, A-E, R-A, R-E |
3. Domesticated cats and dogs1 | |||
a. Single-family dwellings | <5 acres | Any combination of 4 | O-S, A-E, R-E, R-A, R-1, R-2, R-3, S-P, TPD, MUL, MUM, MUD |
>5 acres | Any combination of 6 | ||
b. Multiple-family dwellings | n/a | Any combination of 2 | |
4. Equine, bovine or cleft-hoofed animals, including, but not limited to, horses, ponies, mules, donkeys, burros, cows, and bulls1 | 20,000 sq. ft. | 1 per 15,000 sq. ft. of lot area | O-S, A-E, R-A, R-E, S-P3 |
5. Fowl (peacocks and pea hens are not permitted) | |||
a. Chickens, duck, and game hens1 | 6,000 sq. ft. | 1 per 2,000 sq. ft. | O-S, A-E, R-A, R-E, R-L, R-1, R-2, R-3 |
b. Roosters and guinea fowl1 | 20,000 sq. ft. | 1 per 5,000 sq. ft. | O-S, A-E, R-A, R-E |
6. Kennels and catteries (see Table 17.20.050(A)(6) for additional limitations) | n/a | By conditional use permit | M-1, M-2 |
7. Medium animals not kept as pets such as llamas, alpacas, sheep, goats, swine and other animals of similar size as determined by the community development director which are bred for sale1 | 20,000 sq. ft. | 1 per 2,000 sq. ft. up to 1 acre (maximum of 22 animals) Plus 2 additional animals for each acre > 1 acre | O-S, A-E, R-A, R-E |
8. Small animals not kept as pets such as rabbits, chinchillas, small birds not otherwise classified, nonpoisonous reptiles, and other animals of similar size as determined by the community development director which are bred for sale1 | 20,000 sq. ft. | 1 per 2,000 sq. ft. (up to 22 animals) For >1 acre, 2 additional animals per each acre. | O-S, A-E, R-A, R-E |
9. Small animals kept as pets excluding domesticated cats and dogs, including, but not limited to, sheep, goats, pigmy/pygmy goats, pigs, pot-bellied pigs, and miniature horses which are not bred for sale1 | 10,000 sq. ft. | 1 per 3,333 sq. ft. (up to 13 animals per 1 acre) For >1 acre, 1 additional animal per each acre | O-S, A-E, R-A, R-E |
10. Small animals kept as pets including rabbits, guinea pigs, chinchillas, small birds not otherwise classified and nonpoisonous reptiles and other animals of similar size as determined by the community development director excluding domesticated cats, dogs, sheep, goats, pigmy/pygmy goats, pigs, pot-bellied pigs and miniature horses1 | n/a | 1 per 1,500 sq. ft. of lot area plus 1 additional animal for each additional 1,000 sq. ft. beyond 6,000 sq. ft. (maximum 20 small animals per lot) | O-S, A-E, R-A, R-E, R-L, R-E, R-1, R-2, R-3, S-P, TPD |
11. Veterinary facilities, including, but not limited to, hospitals for large and small animals and surgical offices (see Tables 17.20.050(A)(2) and 17.20.060(C)(4)(a) and (b) for additional limitations) | n/a | By administrative permit or conditional use permit | O-S, A-E, R-A, C-O, C-1, C-P-D, C-2, C-OT, M-1, M-2 |
12. Wild animals | 1 acre | By conditional use permit | O-S, A-E, R-E |
Notes: | |
|---|---|
A | Young animals born to a permitted animal kept on the site may be kept until such animals are weaned (cats and dogs, four months; equine, bovine or cleft-hoofed animals, 12 months). |
B | For example, if you have a 20,000 square foot lot in the R-E zone, you would be able to have two equine, bovine or cleft-hoofed animals, plus 20 chickens or ducks or game hens, or combination thereof, plus four roosters or guinea fowl or combination thereof, plus 10 small animals such as rabbits, plus six sheep or other small animals, plus any combination of four domesticated dogs or cats. |
C | Equine animals, such as horses, ponies, mules, or burros are allowed in S-P zones only in locations specifically designated for equestrian uses or horse keeping as part of the residential planned development permit or specific plan. Bovine and other cleft-hoofed animals are not permitted in these zones. |
(Ord. 515 § 10, 2023)
§ 17.28.040 Auto, boat and trailer sales lots.
New and used automobile, trailer and boat sales yards are subject to the following conditions:
A.
No repair or reconditioning of automobiles, trailers or boats shall be permitted unless such work is accessory to the principal retail use and is done entirely within an enclosed building.
B.
Except for required landscaping, the entire open area of the premises shall be surfaced with concrete or asphaltic concrete.
(Ord. 515 § 10, 2023)
§ 17.28.050 Adult business permit.
A.
Intent. The intent of this chapter is to regulate adult businesses which, unless closely regulated, may have serious secondary effects on the community. These secondary effects include, but are not limited to: depreciation of property values, increases in vacancy rates in residential and commercial areas, increases in incidences of criminal activity and police service calls, increases in noise, litter and vandalism and the interference with property owners' enjoyment of their property in the vicinity of such businesses.
It is neither the intent nor effect of this section to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials, or to deny access by the distributors or exhibitors of sexually oriented entertainment to their intended market.
Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any law of the state of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.
B. "Adult arcade" "Adult bookstore" "Adult booth/individual viewing area"1. 2. "Adult business" "Adult cabaret" "Adult live entertainment"1. 2. "Adult model studio" "Adult store" "Adult theater" "Code compliance officer" "Director" "Establishment of an adult business"1. 2. 3. 4. "Lap dance" "On-site manager" "Operate an adult business" "Operator" "Owner" "Performer" "Permittee"1. 2. 3. 4. "Person" "Police chief" "Sexually oriented material" "Sexually oriented merchandise" "Specified anatomical areas" "Specified sexual activities"1. 2. 3. 4. 5. 6. 7.
Definitions. As used in this section:
means any business establishment or concern containing coin or slug operated or manually or electronically controlled still, motion picture or video machines, projectors, or other image producing devices that are maintained to display images to an individual when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Such devices are referred to as "adult arcade devices."
means any establishment, which as a regular and substantial course of conduct, displays or distributes sexually oriented merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
means a partitioned or partially enclosed portion of an adult business used for any of the following purposes:
Where a live or taped performance is presented or viewed, where the performances or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas;
Where adult arcade devices are located.
means any business establishment or concern which as a regular and substantial course of conduct performs or operates as an adult arcade, adult bookstore, adult cabaret, adult model studio, or adult theater. It also means any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. "Adult business" does not include those uses or activities, the regulation of which is preempted by state law.
means a business establishment (whether or not serving alcoholic beverages) that features adult live entertainment.
means any physical human body activity, whether performed or engaged in, alone or with other persons, including, but not limited to, singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which:
The performer (including, but not limited to, topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar performers) exposes to public view, without opaque covering, specified anatomical areas; or
The performance or physical human body activity depicts, describes, or relates to specified sexual activities whether or not the specified anatomical areas are covered.
means a business establishment which provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays specified anatomical areas to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such services. Adult model studio does not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution that is maintained pursuant to standards set by the Board of Education of the state of California.
means any establishment, which as a regular and substantial course of conduct, displays or distributes sexually oriented merchandise or sexually oriented material.
means a business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, digital video disks, slide photographs, or other pictures or electronically generated visual reproductions which is distinguished or characterized by the emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
means an officer or employee authorized by the governing body to enforce certain pro-visions of this section.
means the community development director or the manager of the community development department of the city of Moorpark or the director's designee.
means any of the following:
The opening or commencement of any adult business as a new business;
The conversion of an existing business, whether or not an adult business, to any adult business;
The addition of any of the adult businesses defined herein to any other existing adult business; or
The relocation of any such adult business.
includes chair dancing, couch dancing, straddle dancing, table dancing, and means an employee or independent contractor of an adult business intentionally touching any patron while engaged in adult live entertainment.
means any person designated by the owner as responsible for the day-to-day on-site operation of the adult business.
means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the premises of an adult business or the conduct or activities occurring on such premises.
means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult business or the conduct or activities occurring on such premises.
means all persons having a direct or indirect investment in an adult business; provided, however, where such investment is held by a corporation, for the purposes of this section, each officer and director of a corporation and each stockholder holding more than 5% of the stock of such corporation is deemed to be an owner.
means a person who is an employee or independent contractor of an adult business or any other person who, with or without any compensation or other form of consideration, provides adult live entertainment for patrons of an adult business.
means any of the following:
The sole proprietor of an adult business;
Any general partner of a partnership that owns and operates an adult business;
The owner of a controlling interest in a corporation or limited liability company that owns and operates an adult business; or
The person designated by the officers of a corporation or the members of a limited liability company to be the permit holder for an adult business owned and operated by the entity.
means any individual, firm, association, partnership, limited liability company, corporation or other form of legal entity.
means the chief of the city of Moorpark police department or the police chief's designee.
means any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral or visual representation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas.
means sexually oriented implements and paraphernalia, including, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or which are characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas.
means:
means:
Fondling or touching of nude human genitals, pubic region, buttocks or female breast;
Human sex acts, actual or simulated, including intercourse, oral copulation or sodomy;
Acts of human masturbation, sexual stimulation or arousal, actual or simulated;
Human genitals in a state of sexual stimulation or arousal;
Use of human or animal ejaculation;
Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage, or restraints; or
Excretory functions as part of, or in connection with, any of the activities listed in subsections (1) to (6) of this definition.
C.
Permit Required. It is unlawful for any person to establish or operate any adult business within the city without first obtaining, and continuing to maintain in full force and effect, an adult business permit and a business registration from the city. The adult business permit will be subject to the development and operational standards of this section, Section 17.24.040(M) and the regulations of the zoning district in which the business is located.
D.
Application Submittals.
1.
Application. Any person desiring to obtain an adult business permit must submit an application to the community development department on form(s) provided by the city. The application must contain, at a minimum, the following information regarding the owners and the following items:
a.
Name and address of all owners of the proposed adult business, collectively referred to hereafter as the "applicant."
b.
The previous residential addresses of all individual owners, if any, for a period of five years immediately prior to the date of filing the application and the dates of residence at each address.
c.
Written proof that all individual owners are at least 18 years of age.
d.
A five year history of the applicant from the date of the application, as to the operation of any adult business or similar business or occupation. A statement as to whether or not such applicant, in operating an adult business under a permit or license, has had such permit or license revoked or suspended and the reasons therefor.
f.
Written authorization giving the city, its agents and employees authorization to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.
g.
The height, weight, and color of eyes and hair of all applicants.
h.
Fingerprints and two prints of a recent passport-size photograph of all applicants.
i.
Business, occupation or employment history of the applicants for the five years immediately preceding the date of the application.
j.
A nonrefundable deposit or fee as set forth by city council resolution.
k.
A narrative description of the proposed business explaining how such business complies or will comply with the applicable development and operational standards specified in this section and Section 17.24.040(M).
l.
A site plan showing the building or unit proposed for the adult business, the distance required by Section 17.24.040(M) of the surrounding area and a fully dimensioned interior floor plan showing how the business complies or will comply with the applicable development and operational standards specified in this section. The site plan and interior floor plan need not be professionally prepared but must be drawn to a designated engineering or architectural scale to an accuracy of plus or minus six inches.
m.
A photometric plan, in accordance with Chapter 17.30, Lighting Regulations, for all outdoor areas including parking areas.
n.
If the applicant is a partnership, limited liability company or corporation, documentary proof that such entity was duly formed, and is authorized to do business and is in good standing in the state of California.
o.
The fictitious name, if any, of the adult business, together with documentary proof of registration of the fictitious name.
p.
If the applicant does not own the lot or parcel on which the adult business will operate, the property owner or lessor of the premises, as applicable, must consent to the filing of the application by signing and dating the application. If the property owner or lessor is more than one natural person, one such person must sign the application. If the property owner or lessor is a legal entity, a general partner, officer, director, member or other authorized person thereof must sign the application.
q.
A statement in writing and dated by the applicant certifying under penalty of perjury that the information contained in the application is true and correct. If the applicant is one or more natural persons, one such person must sign the application under penalty of perjury. If the applicant is a partnership, limited liability company or corporation, a general partner, officer, director or member of the entity must sign the application under penalty of perjury.
r.
Such other information as the director may reasonably deem necessary.
2.
Determination of Completeness. The director will determine whether the application contains all the information and items required by the provisions of this section. If it is determined that the application is not complete, the applicant will be notified in writing within five business days of the date of receipt of the application that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant will have 30 business days to submit additional information to render the application complete. If within the 30 business-day period, the applicant has not submitted the requested information the application will be void. Within five business days following the receipt of an amended application or supplemental information, the director will again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification will occur as provided above until such time as the application is found to be complete or the application is withdrawn. The applicant will be notified within five business days of the date that the application is found to be complete (hereafter "application date"). All notices required by this section will be deemed given upon the date any such notice is either deposited in the United States mail or the date upon which personal service of such notice is provided.
E.
Review of Application.
1.
The director will promptly cause the investigation of the complete application and within 30 business days of the date of a complete application, either issue the permit or send by certified mail a written statement to the applicant setting forth the reasons for denial of the permit. If the director has not issued a decision on the application within 30 business days of the date of a complete application, the application will be deemed approved, subject to an appeal under subsection M of this section.
2.
The director may deny the permit for any of the following reasons:
a.
An applicant has made one or more material misstatements in the application;
b.
The adult business, if permitted, will not comply with all applicable laws, including, but not limited to, the zoning, building, health, housing and fire codes of the city;
c.
An applicant has pled guilty, nolo contendere or been convicted within five years of the application date of an offense specified in subsection (F)(2)(j);
d.
An applicant or any operator has had a permit or license for an adult business denied, revoked or suspended for cause by any city, county or state within three years of the application date;
e.
An applicant is under 18 years of age;
F.
Development and Operational Standards.
1.
Development Standards.
a.
Zoning Compliance. The building in which an adult business is located must comply with all applicable setbacks and parking requirements of the applicable zoning district.
b.
Exterior Lighting. All exterior areas, including parking lots regardless of the number of required parking spaces, of the adult business must be in compliance with Chapter 17.30, Lighting Regulations, of the Moorpark Municipal Code. Inoperable or broken lights must be replaced within 24 hours.
c.
Sound. The premises within which the adult business is located must provide sufficient sound-absorbing insulation so that noise generated inside such premises will not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building and shall be in compliance with Chapter 17.53, Noise, of the Moorpark Municipal Code.
d.
No Minors. The building entrance to an adult business must be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Such notice must be constructed and posted to the satisfaction of the director and in compliance with Chapter 17.40, Sign Regulations, of the Moorpark Municipal Code. Persons under the age of 18 years may not be permitted within the premises at any time.
e.
Open Indoor Areas. All indoor areas within which patrons are permitted, except restrooms, must be open to view at all times. Adult booths and individual viewing areas are prohibited.
f.
Restrooms. Separate restroom facilities must be provided for male patrons and employees, and female patrons and employees. Male patrons and employees are prohibited from using any restroom for females, and female patrons and employees are prohibited from using any restroom for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms must be free from any sexually oriented material. Restrooms may not contain television monitors or other motion picture or video projection, recording or reproduction equipment. This subsection does not apply to an adult business which deals exclusively with the sale or rental of sexually oriented material which is not used or viewed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.
g.
Residential Conversions Prohibited. Residential structures may not be converted for use as an adult business.
h.
Portable Structures Prohibited. An adult business may not be located in any temporary or portable structure.
2.
Operational Standards.
a.
Hours. An adult business may not operate or be open for business between the hours of two (2:00) a.m. and nine (9:00) a.m.
b.
Employment of Minors Prohibited. An owner or operator of any adult business may not employ or permit to be employed any person who is not at least 18 years of age.
c.
Presence of Minors on Premises Prohibited. An owner or operator of an adult business may not allow or permit any person under the age of 18 years to enter, be in or remain in any such business. Operators must determine the age of persons who enter the premises by checking the driver's license or other authorized identification of such person.
d.
Screening of Interior of Premises and Display of Sexually Oriented Materials. No adult business may be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such establishment. This provision applies to any display, decoration, sign, show window or other opening. No exterior door or window on the premises may be propped or kept open at any time while the business is open, and any exterior windows must be covered with opaque covering at all times or otherwise screened to prevent a view of the interior in a manner approved by the director.
e.
Alcoholic Beverages Prohibited. Alcoholic beverages may not be served, consumed or sold on the premises of an adult business.
f.
Interior Lighting. All areas of the adult business must be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:
Area | Foot-candles |
|---|---|
Stores and other retail establishments | 20 |
Theaters and cabarets | 5 (except during performances, at which times lighting must be at least 1.25 foot-candles.) |
Arcades | 10 |
Modeling studios | 20 |
g.
Security Measures.
i.
On-Site Manager. All adult businesses must have a responsible person who is over the age of 18 and is on the premises to act as manager at all times during which the business is open. Performers may not serve as a manager. The name of any individual designated as the on-site manager must be provided to the director in order to receive all complaints and be given the responsibility and duty by the owner or operator to address and immediately resolve all violations of law taking place on the premises.
ii.
Adult businesses must employ state licensed uniformed security guards in order to maintain the public peace and safety, based upon the following standards:
(A)
Adult businesses featuring adult live entertainment and performers must provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard must be on duty.
(B)
Security guards for other adult businesses may be required if it is determined by the police chief that their presence is necessary in order to prevent any of the conduct listed in this section from occurring on the premises.
iii.
Security guards will have a duty to prevent violations of law and enforce compliance by patrons of the requirements of these regulations. Security guards must be uniformed in such a manner so as to be readily identifiable as a security guard by the public and must be duly licensed as a security guard as required by applicable provisions of state law. No security guard required under this subsection may act as a door person, ticket seller, ticket taker, admittance person, performer or sole occupant of the manager's station while acting as a security guard.
h.
Adult Live Entertainment—Additional Operating Regulations. The following additional requirements apply to adult businesses providing adult live entertainment:
i.
A person may not perform adult live entertainment for patrons of an adult business except upon a permanently fixed stage at least 18 inches above the level of the floor and surrounded by a three foot high barrier or by a fixed rail at least 30 inches in height. A distance of at least six feet, measured horizontally, must be maintained between patrons and performers at all times during which a performer is revealing specified anatomical areas or depicting or engaging in specified sexual activities. Patrons may not be permitted on the stage while the stage is occupied by a performer. This provision does not apply to an individual viewing area where the performer is completely separated from the area in which the performer is viewed by an individual by a permanent floor to ceiling, solid barrier.
ii.
A performer may not have physical contact with any patron, and patrons may not have physical contact with any performer, while the performer is performing on the premises. In particular, a performer may not have physical contact with a patron and a patron may not have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person's body either before or after any adult live entertainment by such performer. This prohibition does not extend to incidental touching. Patrons must be advised of the no touching requirements by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch in size. If necessary, patrons must also be advised of the no touching requirements by employees or independent contractors of the establishment.
iii.
All employees and independent contractors of the adult business, except performers while performing on the fixed stage as provided in paragraph (h)(i) of this subsection, while on or about the premises, must wear at a minimum an opaque covering which covers their specified anatomical areas.
iv.
If patrons wish to pay or tip performers, payment or tips may be placed in containers placed at least six feet from the stage used by the performers. Patrons may not throw money to performers, place money in the performers' costumes or otherwise place or throw money on the stage. Patrons must be advised of this requirement by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch in size.
v.
The adult business must provide dressing rooms for performers, that are separated by gender and exclusively dedicated to the performers' use and which the performers must use. Same gender performers may share a dressing room. Patrons are not permitted in dressing rooms.
vi.
The adult business must provide an entrance/exit to the establishment for performers that is separate from the entrance/exit used by patrons, and the performers must use this entrance/exit at all times.
vii.
The adult business must provide access for performers between the stage and the dressing rooms that is completely separated from the patrons. If such separate access is not physically feasible, the adult business must provide a minimum three foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers. The patrons must remain at least three feet away from the walk aisle. Nothing in this section is intended to exempt the adult business from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to handicapped accessibility.
i.
Adult Theater—Additional Operating Requirements. The following additional requirements apply to adult theaters. If the theater contains a hall or auditorium area, the area must comply with each of the following provisions:
i.
Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of persons who may occupy the hall or auditorium area;
ii.
Have a continuous main aisle alongside the seating areas in order that each person seated in the hall or auditorium area is visible from the aisle at all times;
iii.
Have a sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number may not exceed the number of seats within the hall or auditorium area; and
iv.
If an adult theater is designed to permit outdoor viewing by patrons seated in automobiles, it must have the motion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those patrons may not be seen from any public right-of-way, child day care facility, public park, school, or religious institution or any residentially zoned property occupied with a residence.
j.
No owner or operator of any adult business may have pled guilty, nolo contendere or been convicted within the past three years of any of the following offenses or convicted of an offense outside the state of California that would have constituted any of the following offenses if committed within the state of California: Sections 243.4, 261, 266a through 266j, inclusive, 267, 314, 315, 316, 318, or subdivisions (a), (b) and (d) of Section 647 of the California Penal Code; any offense requiring registration under provisions of either Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, giving away, of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code, as those sections may hereafter be amended.
k.
An owner, operator, employee or performer of an adult business may not personally solicit, or permit the personal solicitation of, motorists or pedestrians in the vicinity of the adult business.
l.
Every adult business must display at all times during business hours the permit issued pursuant to the provisions of this section for such adult business in a conspicuous place so that the permit may be readily seen by all persons entering the adult business.
G.
Prohibited Conduct at Adult Businesses.
1.
A person may not operate or cause to be operated an adult business knowingly, or with reason to know, permitting, suffering, or allowing any employee or independent contractor:
a.
To engage in a lap dance with a patron at the business;
b.
To contract or otherwise agree with a patron to engage in a couch dance, lap dance, or straddle dance with a person at the business;
c.
To intentionally touch any patron at an adult business while engaged in the display or exposure of a specified anatomical area or engaged in or simulating a specified sexual activity;
d.
To voluntarily be within six feet of any patron while engaged in the display or exposure of any specified anatomical area or engaged in or simulating a specified sexual activity;
e.
To solicit or request any gratuity, pay, or any other form of consideration from a patron on the premises of the adult-oriented business while engaged in the display or exposure of any specified anatomical area or engaged in or simulating a specified sexual activity.
2.
Persons at any adult business may not intentionally touch an employee or independent contractor who is displaying or exposing any specified anatomical area or engaging or simulating a specified sexual activity at the adult business.
3.
Persons at any adult business may not engage in a couch dance, lap dance or straddle dance with an employee or independent contractor at the business who is displaying or exposing any specified anatomical area or engaging in or simulating a specified sexual activity.
4.
Persons may not directly pay, offer to pay, or otherwise seek to provide a gratuity, pay, or any other form of consideration to a performer at an adult-oriented business. Persons may not use an intermediary, such as an employee or independent contractor, to offer, provide, or otherwise pay a gratuity or other form of consideration to a performer at an adult-oriented business.
5.
Employees or independent contractors of an adult business may not engage in a performance, solicit a performance, make a sale, provide a service, or solicit a service between the hours of two (2:00) a.m. and nine (9:00) a.m.
6.
Waiters or waitresses employed at an adult business may not appear on the premises thereof in the nude, semi-nude, or display or expose specified anatomical areas.
H.
Permit Requirements—Effect of Noncompliance. The requirements described in Chapter 5.18, Adult Business Performer Permit, are conditions of an adult business permit, and the failure to comply with any applicable requirement is grounds for revocation of the permit issued pursuant to this section.
I.
Permit Duration. An adult business permit will be valid for a period of one year from the date of issuance.
J.
Permit Renewal. An adult business permit must be renewed on an annual basis, provided that the permittee and the adult business continues to meet all applicable requirements set forth in this section. A request for permit renewal must be accompanied by an adult business permit application, completed in full detail with current information. The application and appropriate fee must be received by the city at least 40 calendar days prior to the expiration of the existing permit. The city will process a request for a permit renewal in the same manner as the original application.
K.
Permit Transferability. Adult business permits may not be sold, transferred, or assigned by any permittee, or by operation of law, to any other person unless and until the transferee obtains an amendment to the permit from the director stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the director in accordance with subsection D (including payment of the applicable application fee), and the director determines in accordance with subsection E that the transferee would be entitled to the issuance of the original permit. Without such amendment to the permit, any other purported sale, transfer, or assignment or attempted sale, transfer, or assignment will be deemed to constitute a voluntary surrender of the permit and thereafter the permit will be null and void. An adult business permit held by a corporation, partnership or limited liability company is subject to the same rules of transferability. An adult business permit will be valid only for the exact location specified in the permit.
L.
Enforcement and Revocation.
1.
Inspections. All code compliance officers have the right to enter the premises of an adult business from time to time during regular business hours to make reasonable inspections, to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to ascertain whether there is compliance with the provisions of this section.
2.
Revocation Grounds. The director may revoke an adult business permit when:
a.
Any of the applicable requirements of this section ceases to be satisfied; or
b.
The application is discovered to contain incorrect, false or misleading information; or
c.
An owner has pled guilty, nolo contendere or been convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the adult business is located, which offense is one of those listed in subsection (F)(2)(j); or
d.
Any operator, employee, agent or contractor of the permittee has pled guilty, nolo contendere or been convicted on two or more occasions within a 12 month period of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the adult business is located, which offense is one of those listed in subsection (F)(2)(j); or
e.
The permittee, operator or any employee, agent or contractor of the owner has knowingly allowed prostitution, or solicitation for prostitution, on the premises; or
f.
The permittee, operator or any employee, agent or contractor of the owner has knowingly allowed the premises to be used as a place where a controlled substance has been illegally consumed, sold or exchanged; or
g.
The adult business has been operated in violation of any of the requirements of this section and:
i.
If the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than 10 days following the date written notice of such violation is mailed or delivered to the permittee, or
ii.
If the violation is of a noncontinuous nature, one or more additional violations of the same provision, or two or more violations of any other of the provisions, of this section occur (regardless of whether notice of each individual violation is given to the permittee) within any 12 month period.
3.
Revocation Notice. Upon determining that grounds for permit revocation exist, the director will furnish written notice of the proposed revocation to the permittee. Such notice must summarize the principal reasons for the proposed revocation and state that the revocation will become effective on the twentieth (20th) day after the notice was deposited in the U.S. mail, unless the permittee files an appeal under subsection M. The notice must be delivered both by posting the notice at the location of the adult business and by sending the same, certified mail to the permittee as that name and address appear on the permit.
M.
Appeals.
1.
Any interested person may appeal a decision of the director regarding an application or revocation of an adult business permit by filing with the city clerk a complete notice of appeal within 15 calendar days from the date notice of such decision is mailed. To be deemed complete, the appeal must be in writing, state the grounds for disagreement with the director's stated decision, include the address to which notice is to be mailed, be signed under penalty of perjury, and be accompanied by the filing fee established by city council resolution.
2.
If an appeal is timely filed, the city council will at the next regularly scheduled city council meeting held more than five calendar days after receipt of such notice of appeal, review the matter and determine whether the city council or a hearing officer will hear the appeal.
3.
The city council or the hearing officer, as the case may be, must set a date, not less than five calendar days, and not more than 21 calendar days from the date such determination is made by the city council for the hearing of the appeal. The hearing may be continued for good cause. The hearing will be a de novo hearing on the action appealed from.
4.
The hearing officer or city council will issue written findings and a decision within 10 calendar days of the conclusion of the hearing and send notice of the decision by certified mail to the appellant. The notice of the decision must include reference to the appellant's right to prompt judicial review under California Code of Civil Procedure Section 1094.8.
N.
Reapplication After Denial or Revocation.
1.
Reapplication After Denial. An applicant for a permit under this section whose application for such permit has been denied may not reapply for a permit for a period of one year from the date such notice of denial may be deposited in the mail or received by the permittee, whichever occurs first. However, a reapplication prior to the termination of one year may be made if accompanied by evidence that the ground or grounds for denial of the application no longer exists.
2.
Reapplication After Revocation. No person may obtain an adult business permit for three years from the date any order of permit revocation affecting such person has become final.
O.
Violations.
1.
Any owner, operator, permittee, employee or independent contractor of an adult business violating or permitting the violation of any of the provisions of this section regulating adult businesses will be subject to any and all civil remedies, including license or permit revocation. All remedies provided herein are cumulative and not exclusive.
2.
In addition to the remedies set forth in subsection (O)(1), any adult business that is operating in violation of these provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.
3.
The regulations imposed under this section are part of a regulatory permitting process, and do not constitute a criminal offense. Notwithstanding any other provision of the Moorpark Municipal Code, the city does not impose a criminal penalty for violations of this section related to expressive activities.
P.
Regulations Nonexclusive. The provisions of this section regulating adult businesses are not intended to be exclusive and compliance therewith will not excuse noncompliance with any other applicable regulations pertaining to the operation of businesses adopted by the city.
(Ord. 515 § 10, 2023)
§ 17.28.060 Emergency shelters and single room occupancy unit developments.
A.
Emergency Shelters.
1.
One emergency shelter facility per lot is allowed and shall be located at least 300 feet from any other emergency shelter, as measured from the closest property line.
2.
Overnight occupancy shall be limited to one bed per 70 square feet of sleeping area and shall be in accordance with city building code requirements. Maximum occupancy per facility shall be limited to 30 beds. For purposes of determining maximum occupancy, one shelter client per bed is assumed.
3.
General Development Requirements. Emergency shelters shall comply with development requirements of the underlying zone.
7.
Services and facilities shall be provided for emergency shelters as follows:
a.
A client intake and waiting area shall be provided and shall be adequately sized to accommodate waiting clients. The intake area must be indoors.
b.
The facility shall provide a sleeping area and separate restrooms for males and females and shall comply with city building code requirements.
c.
Other on-site services that are permitted include:
i.
Showers;
ii.
Laundry facilities;
iii.
Kitchen, food preparation, and dining areas;
iv.
Storage areas to secure client belongings;
v.
Private area or office for providing referral services to assist shelter clients;
vi.
Other similar services for clients, as determined by the community development director.
8.
Prior to issuance of a zoning clearance for occupancy, a written operational plan for the facility shall be submitted to the community development director and Moorpark police chief that demonstrates compliance with all zoning requirements. The operational plan shall contain the name, address, phone number and driver's license number of the owner, operator and facility manager; and specific operational procedures, including, but not limited to, the following:
9.
Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner.
B.
Single Room Occupancy (SRO) Unit Developments.
1.
One single room occupancy (SRO) unit development per lot is allowed and shall be located at least 500 feet from any other SRO unit development, as measured from the closest property line.
2.
Facilities shall be provided for SRO unit developments as follows:
3.
No transient occupancy; units must be occupied as the primary residence of the client.
4.
Prior to issuance of a zoning clearance for occupancy, a written operational plan for the facility shall be submitted to the community development director and Moorpark police chief that demonstrates compliance with all zoning requirements. The operational plan shall contain the name, address, phone number and driver's license number of the owner, operator and facility manager.
5.
General Development Requirements. SRO unit developments shall comply with C-2 zone development requirements.
9.
Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner.
(Ord. 515 § 10, 2023)
§ 17.28.070 Produce stands.
A.
One sales produce stand per lot is allowed.
B.
The produce stand shall be accessory to the permitted plant production on the same lot, and only if at least 95% of the area of the lot is devoted to plant production.
C.
A produce stand may sell raw unprocessed fruits, vegetables, nuts, seeds, cut flowers and ornamental plants grown on the same lot and on other lots, under the same ownership, which are located in the city.
D.
The floor area of the produce stand shall not exceed 400 square feet.
E.
The produce stand shall be set back at least 30 feet from any public road, street or highway. This setback area shall be kept free and clear of impediments in order to provide an area for off-street parking.
F.
The construction thereof shall be of a temporary nature and shall not include a permanent foundation.
(Ord. 515 § 10, 2023)
§ 17.28.075 Community gardens.
A.
Size Limit. Community gardens shall not exceed two acres.
B.
Performance Standards. The use of a community garden may not involve hazardous materials or processes or create offensive or objectionable noise, vibration, odors, heat, dirt, or electrical disturbance perceptible by a person beyond the lot line of the subject lot.
C.
Operating Standards.
1.
Property owners must have an established set of operating rules addressing the governance structure of the garden, hours of operation, maintenance, and security requirements.
2.
Site must have a garden coordinator to perform the coordinating role for the management of the community gardens and to liaise with the city.
3.
Site must assign garden plots in a fair and impartial manner according to the operating rules established for that garden.
4.
The name and telephone number of the garden coordinator and a copy of the operating rules shall be kept on file with the community development department.
5.
The land shall be served by a water supply sufficient to support the cultivation practices used on the site.
6.
The site must be designed and maintained so that water and fertilizer will not drain onto adjacent property.
7.
All seed, fertilizer, and animal feed shall be stored in a sealed, rodent proof container and housed within an enclosed structure.
8.
Pesticides, herbicides, or other soil additives prohibited by state, federal, or other law shall not be used within a community garden.
D.
Compost. Compost materials shall be stored at least 10 feet from any property line and in a manner that is not visible from adjacent property or off site, controls odor, prevents infestation, and minimizes runoff into waterways and onto adjacent properties. Waste shall be collected regularly by the municipality. Gardeners shall ensure that waste containers are placed in specified location to assist municipality in waste removal.
E.
Farm Equipment. Use of mechanized farm equipment is not permitted except to initially prepare the land for agriculture use.
(Ord. 515 § 10, 2023)
§ 17.28.080 Standards related to industrial hemp product retail sales, stand-alone.
Industrial Hemp Product Retail Sales, Stand-Alone Retail Requirements. Industrial hemp product retail sales may be conducted in certain commercial zones, with a zoning clearance meeting all of the requirements of this section.
A.
Application. An application for a zoning clearance shall be filed with the community development director on forms prescribed by the community development director along with the fee established by city council resolution.
B.
Approval Criteria. The community development director shall approve an application for an industrial hemp retail sales establishment that meets the following criteria:
1.
Industrial hemp retail sales establishment must be at least 600 feet from a school or sensitive site property boundary, as measured from the public entrance(s) of the store. For the purposes of this section, schools include educational facilities providing instruction in pre-school, kindergarten or any grades one through 12, that is in existence at the time the license is issued (do not include Moorpark College) and sensitive sites include parks, child day care centers, youth centers, and churches;
2.
Shall comply with the standards outlined in Section 17.44.030(B), Zoning clearance;
3.
The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood;
4.
The industrial hemp retail sales establishment shall not sell tobacco or alcoholic beverages; and
5.
A valid business registration shall be required.
C.
Conditions. In granting a zoning clearance for industrial hemp retail sales, the director may impose conditions to safeguard and protect the public health and safety and promote the general welfare. The applicant shall agree in writing to comply with all conditions prior to the issuance of a zoning clearance.
D.
Duration of Permit. Unless otherwise stated in the zoning clearance for an industrial hemp retail sales establishment, the zoning clearance at the approved address shall be valid until six months after the use for which the permit was issued has ceased or until the permit is revoked.
E.
Revocation of Permit. A zoning clearance for an industrial hemp retail sales establishment may be revoked pursuant to the revocation provisions of Chapter 17.44 of this title if the community development director makes any of the following findings in addition to any of the findings for revocation in Chapter 17.44 of this title and notifies the applicant in writing:
1.
A condition of the zoning clearance has been violated;
2.
The use has become detrimental to the public health, welfare and safety; is resulting in a significant traffic impact; or constitutes a nuisance;
3.
The zoning clearance was obtained by misrepresentation or fraud;
4.
The use for which the zoning clearance was granted has ceased for six months or more; and
5.
The use for which the zoning clearance was granted has become nonconforming due to a change in the municipal code and a reasonable period of time, as determined by the community development director, has elapsed to allow for the termination or relocation of the use.
In the event of a conflict between the findings and provisions of this section with respect to the revocation of a zoning clearance and those of Chapter 17.44, the findings and provisions of this section shall control. |
(Ord. 515 § 10, 2023)
§ 17.28.090 Chain stores and aesthetics on High Street.
A.
Purpose. The purpose of this section is to regulate the location and operation of chain stores in the Old Town commercial (C-OT) zone in order to maintain the small town, rural character, and the economic vitality of the city's commercial center. The city has determined that the preservation of High Street's unique architecture, streetscape, and other design elements will promote the long-term viability of the historic commercial center. The city has also determined that preserving a balanced mix of local-, regional-, and national-based businesses as well as small- and medium-sized businesses will maintain and promote the long-term economic vitality of neighborhood and visitor-serving businesses and the community as a whole. It is therefore the intention of the city that an over-concentration of chain stores not be allowed. All chain stores are prohibited in the Old Town commercial (C-OT) zone unless approved with a conditional use permit, subject to the findings contained in this section. Any chain store approved with a conditional use permit shall create a unique visual appearance that reflects and complements the distinctive historical character of High Street.
B.
Applicability. This section applies to any proposed use in the Old Town commercial (C-OT) zone determined to be a chain store.
C.
Responsibility of Chain Store Use Determination.
1.
Any application in the Old Town commercial (C-OT) zone determined by the city to be a chain store on which the applicant has not identified the use as a chain store is incomplete and cannot be processed until the omission is corrected.
2.
Any entitlement approved that is determined by the city to have been, at the time of application, a chain store that did not identify the use as such is subject to revocation in writing at any time.
3.
In the event the city determines that a permit application or permit subject to this section is for a chain store, the permit applicant or holder bears the burden of proving to the city that the proposed or existing use does not constitute a chain store.
D.
Conditional Use Permit (CUP) Process.
1.
Approval of a conditional use permit is required for any chain stores proposed in the Old Town commercial (C-OT) zone;
2.
The expansion of any existing chain store in the Old Town commercial (C-OT) zone shall require a conditional use permit if the chain store does not already have a conditional use permit;
3.
The cumulative expansion of a permitted chain store by 500 or more square feet of floor area shall require a modification to the conditional use permit;
4.
The chain store shall fully comply with all applicable regulations of the zoning code including adherence to the design guidelines established in the downtown specific plan;
5.
In addition to all of the findings required by Section 17.44.040(D), all of the following findings must be made prior to the issuance of a conditional use permit for a chain store:
a.
The chain store will not result in an over-concentration of chain stores in the Old Town commercial (C-OT) zone;
b.
The chain store will promote variety to assure a balanced mix of commercial uses available to serve both resident and visitor populations;
c.
The chain store will contribute to an appropriate balance of local-, regional-, and national-based business establishments as well as small- and medium-sized business establishments in the zone; and
d.
The proposed use, together with its design and improvement, is compatible with the existing architectural and aesthetic character of High Street and adheres to the design guidelines of the downtown specific plan.
(Ord. 515 § 10, 2023)
§ 17.28.120 Temporary filming.
A. "Charitable films" "Motion picture, television, or still photography" "News media" "Student" "Studio"
Definitions. For the purposes of this title, the following definitions shall apply:
means commercials, motion pictures, television, digital media, or still photography produced by a nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes, or photos.
means and includes all activity attendant to staging or shooting commercial motion pictures, television shows, or programs, commercials, digital media, still photography, and student films in any medium, including film, tape, or digital format.
means the photographing, filming, or videotaping for the purpose of spontaneous, unplanned television news broadcasts ("breaking news"), or reporting for print media by reporters, photographers, or camerapersons.
means a person producing motion picture, television, or still photography to satisfy a secondary or post-secondary school course requirement at an educational institution.
means a fixed place of business certified as such by the community development director where filming activities (motion or still photography) are regularly conducted upon the premises.
B.
Permits and Exemptions.
1.
Permit Required. No person shall use any public or private property, facility, or residence for the purpose of motion picture, television, or still photography production without first applying for and receiving a permit from the community development director.
2.
Exemptions. The provisions of this section shall not apply to or affect the following:
a.
News Media. Reporters, photographers, or camerapersons in the employ of a newspaper, news service, or similar entity engaged in news media, including on-the-spot print media, publishing, or broadcasting of news events concerning those persons, scenes, or occurrences that are in the news and of general public interest.
b.
Personal/Family Video. The recording of visual images (motion or still photography) solely for private personal use, and not for commercial use.
c.
Studio Filming. Filming activities (motion or still photography) conducted at a studio designated for such use.
d.
Still Photography for Business Advertisements. Still photography for advertisements produced at the business that is the subject of the advertisements, provided all filming activities take place on private property and result in no impairment of the use of the public right-of-way or other public facilities.
e.
City-Sponsored Filming. Filming by the city, provided the filming results in no impairment of the use of the public right-of-way or other public facilities.
3.
Rules and Regulations. The community development director is hereby authorized and directed to promulgate rules and regulations, subject to approval by resolution of the city council, governing the form, time, and location of motion picture, television, or still photography within the city. The director is also authorized to issue permits that authorize motion picture, television, or still photography. The rules and regulations will be based upon the following criteria:
4.
Applicants and Issuance.
a.
Issuing Authority. The community development director is responsible for issuing the permits required by this section for motion picture, television, or still photography.
b.
Applications. The following information shall be included in the application for a permit to engage in motion picture, television, or still photography:
i.
The applicant and his or her electronic mail (e-mail) address and cellular phone number, as well as the address, e-mail address, and telephone number of the contact person at the place at which the activity is to be conducted;
ii.
The specific location at such address or place;
iii.
The inclusive hours and dates such activity will occur;
iv.
A general statement describing the character or nature of the proposed filming activities;
v.
The name, address, e-mail address, and cell phone number of the person or persons in charge of such filming activity;
vi.
The number of personnel to be involved;
vii.
Activity that may cause an impact to the public health, safety, or welfare, such as the use of any animals, gunfire or pyrotechnics, low flying helicopters and/or unmanned aircraft systems (drones);
viii.
The exact amount/type of vehicles/equipment to be employed along with a parking plan; and
ix.
All applicable documentation (remote pilot certificate, UAS registration certificate, waivers, description of flight operations, etc.) if a UAS (drone) is being used.
c.
Fee Schedule. The city council is authorized to adopt a fee schedule for film permits by resolution to recover the city's cost of operating the permitting program described in this section, provided that the fee shall not be charged for charitable films or for motion picture, television, or still photography done by a student. However, fees for direct services provided by the city for such filming, including, but not limited to, traffic control and police services, shall be charged for charitable films and student films.
d.
Reimbursement for Personnel. The applicant shall reimburse the city for any city services provided to the applicant (e.g., police, traffic) for the purpose of assisting or facilitating the production, whether such services are requested by the applicant or imposed as a condition of the permit.
e.
Change of Date. Upon request of the applicant and good cause showing, the director may change the date(s) for which the permit has been issued.
5.
Liability.
a.
Liability Insurance. Before a permit is issued, the applicant shall provide the director a certificate of insurance naming the city as additional insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The policy shall be one million dollars ($1,000,000.00) combined single-limit per occurrence. Higher liability limits or separate aerial coverage shall be required for the use of helicopters and/or drones, or as otherwise determined by the director based upon the proposed activity. City officers, employees, and agents shall also be named as additional insured. The applicant must provide evidence of insurance coverage that will not expire until the completion of all planned production activities, including the strike and restoration of all locations. A copy of the certificate will remain on file.
b.
Workers' Compensation Insurance. The applicant shall conform to all applicable federal and state requirements for workers' compensation insurance for all persons operating under a permit.
c.
Hold Harmless Agreement. The applicant shall execute a hold harmless agreement as provided by the city prior to the issuance of a permit under this section.
d.
Security Deposit. To ensure cleanup and restoration of location sites, the applicant may be required to submit a refundable deposit in an amount to be determined by the director based upon the type of activity. Upon completion of filming and inspection of the site by the city, if no verifiable damage has occurred, the security deposit shall be returned to the applicant.
6.
Violations. If an applicant violates any provisions of this section or a permit issued pursuant thereto, the city may provide the applicant with verbal or written notice of such violation. If the applicant fails to correct the violation, the city may revoke the permit, and all filming activity must cease. Any applicant who willfully refuses or fails to comply with the provisions of this section or any terms and conditions of any permit issued thereto shall be guilty of an infraction, and every violation shall be construed as a separate offense for each day or part of a day during which such violation continues.
(Ord. 515 § 10, 2023)
§ 17.28.130 Outdoor sales and services-Temporary.
Such uses are permitted for one calendar day in any 90 day period, provided that they do not disrupt normal traffic flows and do not result in the blocking of public rights-of-way, parking lot aisles or required parking spaces. All related facilities and materials shall be removed on the departure of the use.
(Ord. 515 § 10, 2023)
§ 17.28.135 Outdoor dining.
The standards in this section shall apply to outdoor dining in permitted zones in Table 17.20.060, associated with a permitted restaurant or food establishment.
A.
The proposed outdoor dining will not constitute a nuisance to adjacent properties, adjacent businesses, or adjacent outdoor uses, and will not result in noise, odors, vibration, dust, light, or smoke;
B.
The outdoor dining area shall be maintained clean, tidy, and free of trash and food materials at all times;
C.
The outdoor dining furniture shall be matching, maintained in good working order, free of rust, breaks, tears, etc.;
D.
Should outdoor dining areas be enclosed by a fence, landscape planter or other device, the enclosure shall be made of durable and high-quality material, affixed or weighted, and maintained in a clean and tidy manner free of signs;
E.
Outdoor dining furniture shall not contain signs or other advertising materials;
F.
Outdoor dining areas shall be locked together or moved indoors when the associated business is closed to avoid theft and nuisance issues;
G.
The proposed outdoor dining area complies with all state and local regulations. The proposed use shall be separated from other outdoor uses by no less than six feet and shall maintain all required public paths of travel and accessways;
H.
Outdoor dining shall be limited to the area directly adjacent to the business and shall not be placed adjacent to neighboring business frontages without prior written consent of such business and the property owner;
I.
Outdoor dining areas shall not allow for live entertainment, service of alcohol or other uses otherwise addressed by different permit standards; and
J.
Outdoor dining areas shall not encroach into the areas near corners of sidewalks or where crosswalks are present. This area shall be defined as a 15 foot area, beginning at the crosswalk or curb cuts.
(Ord. 515 § 10, 2023)
§ 17.28.140 Christmas tree sales.
The outdoor sale of trees and wreaths for festive or ornamental purposes is permitted during the 45 day period immediately preceding December 25th. Such sales activities shall not disrupt normal traffic flows, nor result in the blocking of public rights-of-way, parking lot aisles or required parking spaces. All related structures, facilities and materials shall be removed by December 31st of the same year. Christmas tree sales are allowed one temporary, unlighted identification sign not exceeding 20 square feet in area.
(Ord. 515 § 10, 2023)
§ 17.28.150 Temporary buildings during construction.
A mobilehome, recreational vehicle or commercial coach may be used as a temporary dwelling unit or office on a construction site in accordance with Section 17.20.060 of this title, provided that a building permit for such construction is in full force and effect on the same site. The unit shall be connected to a water supply and sewage disposal system approved by the Ventura County environmental health division and shall be removed from the site within 45 days after a clearance for occupancy is issued by the city department of building and safety.
(Ord. 515 § 10, 2023)
§ 17.28.160 Storage of building materials-Temporary.
The temporary storage of construction materials is permitted on a lot adjacent to one on which a valid zoning clearance and building permit allowing such construction is in force, or on a project site within a recorded subdivision. Such storage is permitted during construction and for 45 days thereafter.
(Ord. 515 § 10, 2023)
§ 17.28.240 Bicycle and skate parks.
A.
Purpose. The purpose of this section is to establish reasonable and uniform limitations, safeguards and controls for the design, placement and use of facilities and structures (hereinafter referred to as "facilities") for bicycles and skates such as, but not limited to: skateboards, bicycles, unicycles, tricycles and roller skates. Such regulations are established to minimize the impact on neighboring uses such as, but not limited to: unsightly structures, noise, loss of privacy, traffic congestion, trespassing and risk of damage or injury from flying projectiles and debris.
B.
Application.
1.
Facilities less than 42 inches in height above adjacent finished grade level, which cover less than 32 square feet of aggregate ground area and do not have a platform on which to stand, are exempt from the requirements of subsections C through I of this section. Such exempt facilities must otherwise meet the provisions of the zoning ordinance.
2.
Those facilities not exempt may be permitted upon issuance of a zoning clearance provided all standards of this title are met.
C.
Size. No point on a facility shall extend more than eight feet above adjacent finished grade level and no facility or collection of facilities on a given lot shall cover more than 400 square feet of aggregate ground area.
D.
Setbacks. All facilities shall be set back the following distances from all other structures and property lines:
1.
All facilities shall be set back a minimum of six feet from all other structures.
2.
All facilities shall be set back a minimum of 20 feet from all property lines with an additional five feet of setback required for each one foot increase of height over six feet above adjacent finished grade level.
3.
Facilities shall not be located in the area between the public or private right-of-way and the front of any building on the site, unless the facility is not visible from the public or private right-of-way or neighboring building and otherwise conforms to the applicable setback requirements.
E.
Construction Standards. All facilities shall be constructed so as to minimize visual and auditory impacts.
1.
The sides of all facilities that are above ground, not including any rails, shall be enclosed with a solid material, such as plywood.
2.
Spaces between finished grade and the lower, horizontal surfaces of the facility shall be filled with earth or other suitable solid material.
3.
The backs of all surfaces not affected by subsection (E)(2) of this section shall be padded with sound-absorbing material such as carpeting.
4.
Facilities may be painted, stained, or left in their natural finish. Posters, banners, handbills, bumper stickers, or signs of any kind shall not be affixed to the facility, if visible from neighboring properties. Signage for the facilities shall be in accordance with Chapter 17.40 of this title.
F.
Hours of Operation. The use of facilities shall be limited to daylight hours between nine (9:00) a.m. and seven (7:00) p.m., Monday through Saturday.
G.
Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner.
H.
Removal. Facilities shall be removed within 90 days when no longer used, or capable of being safely used for their intended purpose.
I.
Hold Harmless. The permittee shall provide the city with a hold harmless agreement, acceptable to the city, prior to the issuance of a zoning clearance, which provides, in substance, that the permittee agrees to hold the city harmless, indemnify and defend the city for any loss or damage to property, or injury or loss of life arising out of the use authorized by this zoning clearance.
(Ord. 515 § 10, 2023)
§ 17.28.260 Low barrier navigation centers.
A.
Purpose. The purpose of this section is to establish development standards for low barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.
B.
Application. A zoning clearance permit is required prior to the establishment of any low barrier navigation center project meeting either of the following criteria. The permit shall be a ministerial action without discretionary review or a hearing. The community development director shall notify a developer whether the developer's application is complete within 30 days, pursuant to California Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed.
C.
Development and Operational Standards. A low barrier navigation center development is a use by-right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets the following requirements:
1.
Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
2.
Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
(Ord. 515 § 10, 2023)