The purpose of this chapter is to set forth specific development
requirements for all zones in the city in order to provide adequate
separation for light, air, safety, and open space as well as to provide
an aesthetically pleasing environment in which to live, work and recreate.
(Ord. 515 § 10, 2023)
Table 17.24.020 indicates the minimum development requirements for buildings and accessory structures in the open space, agricultural and residential zones with respect to lot area, setback, height and building coverage unless indicated otherwise. Maximum density and minimum lot dimensions (A through D) only apply to the creation of new lots by subdivision or the amendment of existing lots by lot line adjustment and do not otherwise restrict the use of the lot. Lot areas and dimensions (B through D) do not apply to lots created for public or public utility uses. All setbacks shall be landscaped except for required walkways and driveways. No parking shall be permitted in any setback area except when on a driveway or as allowed by Chapter 17.32 (Off-Street Parking Requirements). Additional development requirements are given in the sections following Table 17.24.020. Development in any of the zones shall follow the requirements of this title, including, but not limited to, parking, lighting, landscaping, signing, operation and entitlement. All construction must be performed within the hours allowed by Chapters 15.26 and 17.53.
|
Table 17.24.020
DEVELOPMENT REQUIREMENTS FOR O-S, A-E AND R ZONES
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
General Requirements
|
O-S
|
A-E
|
R-A
|
R-L
|
R-E
|
R-1
|
R-2
|
R-3
|
S-P, TPD
|
|
A. Density— Maximum dwelling units per gross acre1,2
|
1 du/10 acres
|
1 du/40 acres
|
1.0
|
3.0
|
3.0
|
8.0
|
24.0
|
32.0
|
By permit
|
|
B. Net lot area, minimum (in sq. ft. unless noted)1,2
|
10 acres
|
40 acres
|
1 acre
|
14,500
|
14,500
|
5,000
|
5,000
|
5,000
|
By permit
|
|
C. 1. Lot width minimum (in ft.)
|
110
|
110
|
100
|
80
|
80
|
50
|
50
|
50
|
By permit
|
|
2. Cul-de-sac or odd-shaped minimum lot width (in
ft.)
|
30
|
30
|
30
|
30
|
30
|
30
|
30
|
30
|
By permit
|
|
3. Flag lot "pole" front setback (in ft.)
|
20
|
20
|
20
|
20
|
20
|
20
|
20
|
20
|
By permit
|
|
D. Lot depth minimum (in ft.)
|
150
|
150
|
100
|
100
|
100
|
60
|
60
|
60
|
By permit
|
|
E. Front yard and setback (in ft.)3
|
20
|
20
|
20
|
20
|
20
|
20
|
20
|
20
|
By permit
|
|
F. Side yard setback, interior side (in ft.)4,5
|
10
|
10
|
5
|
5
|
5
|
5
|
5
|
5
|
By permit
|
|
G. Side yard setback, street side (in ft.)4,5
|
10
|
10
|
10
|
10
|
10
|
10
|
10
|
10
|
By permit
|
|
H. Rear yard setback (in ft.)4,5
|
15
|
15
|
15
|
15
|
15
|
15
|
15
|
15
|
By permit
|
|
I. Lot coverage, maximum (in %)3
|
20
|
10
|
35
|
35
|
35
|
50
|
50
|
60
|
By permit
|
|
J. Building and structure height, maximum (in ft.)
|
35, with no limitation as to the number of stories so long as
the height is not exceeded
|
By permit
| |||||||
|
Notes:
| |
|---|---|
|
1
|
Where R-1 zoned parcels have a neighborhood mixed density (NMX)
general plan land use designation, housing units can be clustered
in a mix of residential building types of densities up to 24 du/ac,
as long as the density of eight du/ac is not exceeded cumulatively
for the site. The ability to cluster housing units in excess of eight
du/ac on any individual parcel is contingent upon the approval of
an area plan inclusive of all adjoining parcels designated NMX that
depicts how residential density will be distributed so as not to exceed
eight du/ac cumulatively. In instances where individual building densities
exceed eight du/ac, the development standards associated with the
R-2 zone shall apply.
|
|
2
|
Required net lot areas in the R-E, and R-1 zones are reduced by 50% when the property owner has executed an affordable housing agreement with the city to guarantee housing will be affordable to very low or lower income households or to senior citizens in accordance with the provisions of Chapter 17.64 of this title.
|
|
3
|
See Section 17.24.025(A)(6) for exception. See Section 17.44.040(F) for exception.
|
|
4
|
Two-story residences with windows facing the adjacent property
shall have a minimum 10 foot side yard setback (second story only)
and a 20 foot rear yard setback (second story only) from the adjacent
property line. A second-floor elevation that only features clerestory
windows shall not be subject to this provision.
|
|
5
|
In the case of odd-shaped lots, the community development director
shall determine the required yards, referencing typical rectangular
lots in the district in which such odd-shaped lot is located. In no
case shall such determination constitute a variance from the standards
of the zoning district.
|
(Ord. 515 § 10, 2023)
In addition to the standards of Chapter 17.36, the following standards shall apply:
A.
Required
Setbacks.
1.
Street
Setbacks. Street setbacks shall be measured from the ultimate street
right-of-way or the maximum required street width if said street is
proposed to be private or is now a private street.
2.
Curved
Street Setbacks. Each lot or parcel on a cul-de-sac, curved street
or dead-end street shall meet the minimum lot width requirement at
the required front setback of the zone. The setback is measured along
the perpendicular taken from the front radiused property line (see
example below).
 |
3.
Flag
Lots. Flag lots shall meet the minimum setback and lot dimension requirements
in the "flag" portion of the lot. The flag "pole" portion of a flag
lot shall not be counted toward the minimum lot area requirement.
 |
4.
Existing
Setbacks. Where a portion of a residential building is nonconforming
in terms of current rear yard and/or side yard setbacks, the existing
distance from the side or rear lot line established by the nonconforming
portion of the building shall be used as the required setback distance
for any additions to that building in the side yard and rear yard
areas.
5.
Irregularly
Shaped Lots. In situations where a single-family residential lot is
so irregular, as to prohibit or unduly restrict the construction of
a single-family home, within the required setbacks noted in this title,
the community development director shall have the authority to alter
the setback locations, i.e., front, side and rear yards, to enable
the property owner to enjoy the same privileges as those enjoyed by
other property owners in the same area.
6.
Side
Entry Carports and Garages. In the R-1 and R-2 zones, front setbacks
for side entry carports or garages shall be a minimum of 15 feet from
the front property line.
7.
Accessory
Structures. Accessory buildings and/or structures shall meet all of
the requirements for location of the main structure as constructed
or required by the zone, whichever is less restrictive; except as
provided in this subsection:
a.
A detached accessory structure shall meet the setback requirements
of the main building for the front and street side yard areas.
b.
A detached accessory structure may be located within an interior side yard or rear yard provided that such structure is located no closer than three feet to an interior side or rear lot line, a maximum of 12 feet high, and is at least six feet from the main structure unless additional fire-resistive construction is provided in accordance with Chapter 15.08, Building Code. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed 120 square feet and the height of the structure does not exceed 12 feet may be located anywhere on a single-family residential lot, except within the front and street side yard areas, provided the eaves do not overhang adjacent property.
c.
Swimming pools and spas, including diving boards and slides and similar devices, shall be located a minimum of three feet from the main structure, within five feet of the rear and side property lines and shall comply with all fencing requirements of Chapter 15.08 (Building Code) and Section 17.24.030. In no instance shall swimming pools and spas be permitted within the required front yard setback.
d.
Canopies, patios and breezeways attached to the main building or
connecting the main building with a detached accessory building, may
extend into a required rear or interior side yard; provided, that
portions of such structures extending into the yard:
i.
Shall not exceed 15 feet in height or project closer than five feet
to an interior side yard or closer than 10 feet at the rear lot line;
ii.
Shall be entirely open on at least three sides for patios and canopies
except for necessary supporting columns, or patios and canopies using
two or three sides of an existing residence, in which case the remaining
side(s) must be entirely open with no obstructions. A roof connecting
a main building and an accessory building shall be open on two sides.
e.
Architectural features, including, but not limited to, covered porches,
steps, eaves, awnings, chimneys, balconies, stairways, wing walls
and bay windows, may project not more than two and one-half (2 1/2)
feet into any required front yard area, not more than four feet into
any required rear yard area, and not more than two feet into any required
side yard setback area.
f.
Outdoor barbeques, fireplaces, or firepits must be at least 10 feet
from the main structure and three feet from interior side and rear
property lines.
g.
Heating and cooling and other mechanical equipment, including pool equipment, air conditioners, and necessary appurtenances shall be a minimum of three feet from any side or rear lot line, screened from public view and meet noise requirements set by Chapter 17.53 of the Moorpark Municipal Code.
h.
Uncovered porches, platforms, or landings that do not extend above
the floor level of the first floor of the main structure may extend
into required setback areas not more than six feet.
i.
Safety guard railings required for stairs, landings, porches, and
depressed ramps may encroach into front, side or rear setback areas,
provided they are open and do not exceed 42 inches in height.
j.
Decks on the second (2nd) floor of a home shall be at least 10 feet
from the rear and side property lines. The color and the materials
of the second (2nd) story deck shall complement those of the main
structure.
k.
A flagpole not exceeding 25 feet in height may be located in the front or rear yard setback area so long as it is at least 10 feet from the front or rear property line and does not encroach into the required side yard or street side yard setback area. Flag size restrictions shall comply with the requirements of Section 17.40.020 under the definition of "signs" in item "9."
B.
Lot
Coverage. Lot coverage shall include all buildings, carports, structures
and accessory buildings, except patios, patio covers that are open
on no less than three sides, pools, spas, and freestanding open-air
gazebos shall not be counted as lot coverage.
C.
On-Site
Residential Amenities. Multifamily residential developments consisting
of 10 or more units, shall provide the following:
1.
On-site
recreational and resident amenities that equal at least 100 square
feet per residential unit. Such amenities may include, but are not
limited to, swimming pool, playground, fitness room, community room,
BBQ area, outdoor seating area within a landscaped area, or other
amenity as approved by the entitlement review body. Walkways and general
landscape areas are not considered part of on-site residential amenities.
2.
On-site
publicly accessible areas equal to at least 15% of the project's net
lot area but shall not be required to exceed 10,000 square feet or
be required on lots of 20,000 square feet or less. These areas shall
be located adjacent to, and accessible from, a public right-of-way.
They shall be contiguous to each other on the project site. The shortest
dimension of these areas shall be a minimum of 15 feet. This area
shall be privately maintained by the owner(s) of the residential development
but shall remain publicly accessible and available for public use
from eight (8:00) a.m. to eight (8:00) p.m. each day, except as otherwise
provided by the project conditions or specific agreement for this
use between the property owner and the city. The publicly accessible
amenities required in these areas shall be those intended for public
gathering, play spaces, landscaped seating areas, or other amenities
as approved by the entitlement review body.
D.
Additional
on-site residential features required for all multifamily residential
developments shall include:
1.
On-site
laundry facilities available to all residents. Laundry facilities
may be provided in a common laundry room or within each residential
unit.
2.
A
private, enclosed, secure, locking storage area of at least 100 cubic
feet within or adjacent to each residential unit. This area may be
accounted within a garage, carport or adjacent to a residential unit.
The storage area is intended to allow for storage of personal items,
such as bicycles, tools, outdoor furniture, etc.
3.
Private
or semi-private outdoor patio, porch, yard or other private or semi-private
space shall be provided to each residential unit. Such area shall
measure at least 50 square feet. The area is intended for use by residents
for activities such as outdoor dining or gathering and shall be accessible
directly from the residential unit.
4.
Deviations
from the requirements in subsections (D)(1) through (3) may be considered
by the community development director where strict conformance is
infeasible. Outdoor patios are not intended for storage.
E.
Miscellaneous.
1.
Utility
Connections. All utility connections shall be designed to coordinate
with the architectural elements of the site so as not to be exposed
except where necessary. Pad-mounted transformers and/or meter box
locations shall be included in the site plan with screening treatment
approved by the director.
2.
Floodplain. All development in the floodplain shall be in accordance with the National Flood Insurance requirements and Chapter 15.24 of the Moorpark Municipal Code.
3.
Architectural
Appurtenances. Steeples, institutional symbols, bell towers, clock
towers or other similar architectural appurtenances on institutional
buildings in the agricultural, open space, and residential zones may
exceed the maximum height of 35 feet. Proposals for such appurtenances,
however, shall be evaluated on a case-by-case basis in conjunction
with the required permit for the proposed use so that architectural
compatibility and appropriate building scale for the neighborhood
is achieved and maintained.
4.
Residential
Roof Replacement. Existing concrete or clay tile roofs on homes located
on properties abutting arterial roads as shown in the circulation
element of the general plan may only be replaced with roofing of a
color and material compatible with neighborhood as determined by community
development director.
5.
Garage Conversions. Conversions of existing garages into habitable space is permitted only when replaced with the equivalent covered parking as required by Chapter 17.32 unless otherwise allowed pursuant to Section 17.28.020(G) for accessory dwelling units.
6.
Antennas, Ground Mounted. Ground mounted citizens' band and amateur radio transmitting and receiving antennas, intended for private, noncommercial use accessory to a dwelling, may be erected up to a maximum height of 40 feet. Ground mounted antennas may be erected above the height limit of 40 feet, under the permit prescribed by this title, provided that no antenna or mast shall exceed 75 feet in height, and the design of such antennas shall be in accordance with Section 17.28.020(A).
7.
Street
Improvements. No development shall occur on any property unless all
street frontages that the property abuts or is adjacent to are fully
improved according to adopted city standards and consistent with the
Moorpark general plan.
8.
Windows,
metal roofing, and similar exterior metal architectural features shall
not be mirror finish, reflective, glossy, or polished. Such features
shall be burnished, or matte finish to limit glare and similar visual
impacts to adjacent properties.
(Ord. 515 § 10, 2023)
Requirements for walls and fences in open space, agricultural
and residential zones shall be as follows:
A.
A wall,
fence, retaining wall or any combination thereof, shall not exceed
six feet in height except as herein provided. When a retaining wall
is used to increase usable lot area, the sum total of any combination
of fence or wall and retaining wall shall not exceed six feet in height,
unless a five foot landscape area is provided between the retaining
wall and the fence or wall. When the five foot landscape area is provided,
each individual fence or wall or retaining wall shall not exceed six
feet in height (see below).
 |
B.
Where there is a grade difference between two properties that share a common property line fence/wall, the fence/wall height shall be measured from the highest finish grade, provided that the distance from the lower grade to the top of the fence shall not exceed 10 feet. Where the height of 10 feet would be exceeded, the requirements of subsection A of this section shall be met.
C.
Fences
and walls may be allowed in required front yard area up to six feet
in height; however, the last three feet of the fence or wall shall
be constructed of visually open and decorative fencing (at least 75%
open, see below), unless the wall is a retaining wall or additional
height is approved for noise attenuation purposes.
 |
D.
Within
the R-1 and R-2 areas of the downtown specific plan and in the area
north of Los Angeles Avenue between Moorpark Avenue and Spring Road
south of High Street, fences and walls may be allowed in the required
front yard setback area up to six feet in height; however, the last
two feet of the fence or wall shall be constructed of visually open
and decorative fencing (at least 75% open, see below), unless the
wall is a retaining wall or additional height is approved for noise
attenuation purposes.
 |
E.
A solid
wall or fence not more than six feet in height may be maintained along
the interior side or rear lot lines, provided, that such wall or fence
does not extend into a required front yard except for noise attenuation
as required by the city and as provided in this chapter.
F.
Visual/Sight
Distance. A wall or fence or landscape area adjacent to a driveway
or street or public sidewalk providing vehicular access to an abutting
lot or street shall not exceed three feet in height within 15 feet
of the intersection of the driveway and the street right-of-way and/or
shall comply with Caltrans design standards for site visibility as
adopted by the city. Landscaping within the sight distance triangle
shall be maintained below three feet and the bottom of a tree canopy
shall be at least eight feet above the ground. Final determination
shall be by the community development director. Corner cut-offs may
be required for safety and visibility (see example below).
 |
G.
Walls
and fences in street yard frontages or visible from the street shall
be constructed out of durable, substantial, and decorative materials.
Fiberglass sheeting, bamboo sheeting and other similar nondurable
materials are not permitted for fencing in street yard frontages.
Plain concrete materials are also not permitted for walls in street
yard frontages or visible from the street.
H.
A wall
or fence up to 10 feet in height may be allowed by the community development
director where necessary for noise attenuation from arterial streets
or other noise sources. Chain-link or similar material fencing up
to 12 feet high, with wind screening shall be permitted for tennis/recreation
courts so long as such fencing is located outside the required front,
side and rear setbacks of the zone in which it is located.
I.
Use
of barbed wire strands, razor wire, or concertina wire (coiled barbed
wire) is prohibited in the open space, agricultural, and residential
zones.
J.
With
the approval of an administrative permit, walls or fences located
along the rear or street side property lines, which are adjacent to
an arterial or collector road, may be allowed to increase the visual
wall/fence height up to an additional two feet through the construction
of a durable metal open trellis, so that vines may be planted throughout
the trellis. The trellis construction must meet city standards for
construction.
K.
All fences and walls (including retaining walls) shall be constructed of new or good used material and in accordance with the methods of construction which conform to the requirements of Chapter 15.08, Building Code. Additionally, they shall be maintained in a state of good repair. Any dilapidated, dangerous or unsightly fences or retaining walls shall be repaired or removed.
(Ord. 515 § 10, 2023)
Table 17.24.035 indicates the minimum development requirements for buildings and accessory structures in the commercial, industrial and special purpose zones with respect to lot area, setback, height and building coverage unless indicated otherwise. Minimum lot area (B) only applies to the creation of new lots by subdivision or the amendment of existing lots by lot line adjustment and does not otherwise restrict the use of the lot. Minimum lot area (B) also does not apply to lots created for public or public utility uses. All setbacks shall be landscaped except for required walkways and driveways. No parking shall be permitted in any setback area except when on a driveway. Additional development requirements are given in the sections following Table 17.24.035 Development in any of the zones shall follow the requirements of this title including, but not limited to, parking, lighting, landscaping, signing, operation and entitlement. All construction must be performed within the hours allowed by Chapters 15.26 and 17.53.
|
Table 17.24.035
DEVELOPMENT REQUIREMENTS FOR COMMERCIAL,
INDUSTRIAL AND SPECIAL PURPOSE ZONES
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
General Requirements1
|
C-O
|
C-1
|
C-OT
|
C2, C-P-D
|
I-F
|
M-1
|
M-2
|
I
|
|
A. Floor area ratio, maximum (the ratio of gross floor area
to the gross project site)
|
0.50
|
0.35
|
0.38
|
0.502
|
1.0
|
1.0
|
1.0
|
By permit
|
|
B. Lot area, minimum (in sq. ft.)4
|
None
|
None
|
None
|
None
|
None
|
10,000
|
10,000
|
By permit
|
|
C. Front yard setback (in ft.)2,4
|
20 except when next to a 4 or 6 lane road, then 30
|
20 except when next to a 4 or 6 lane road, then 30
|
0
|
20 except when next to a 4 or 6 lane road, then 30
|
15, except when next to or across the street from R zone, then
30
|
20, except when next to or across the street from R zone, then
30
|
20, except when next to or across the street from R zone, then
30
|
By permit
|
|
D. Interior side yard setback (in ft.)4,5,6
|
5
|
5
|
0
|
5
|
5 except when next to R zone, then by permit
|
5 except when next to R zone, then by permit
|
5 except when next to R zone, then by permit
|
By permit
|
|
E. Street side yard setback (in ft.)4,6
|
5 except when next to a 4 or 6 lane road, then 10
|
5 except when next to a 4 or 6 lane road, then 10
|
5
|
5 except when next to a 4 or 6 lane road, then 10
|
5 except when next to R zone, then by permit
|
5 except when next to R zone, then by permit
|
5 except when next to R zone, then by permit
|
By permit
|
|
F. Rear yard setback (in ft.)4,5,6
|
10 unless next to C or M zone, then 0
|
10 unless next to C or M zone, then 0
|
10 unless next to C or M zone, then 0
|
10 unless next to C or M zone, then 0
|
10 unless next to C or M zone, then 0
|
10 unless next to C or M zone, then 0
|
10 unless next to C or M zone, then 0
|
By permit
|
|
G. Setback (in ft.) from residential zone (O-S, A-E, R-A, R-E,
R-L, R-1, R-2, R-3 zones)
|
30
|
30
|
30
|
30
|
30
|
30
|
30
|
By permit
|
|
H. Building and structure height, maximum3 (in ft.)
|
25
|
35
|
35
|
By permit
|
30
|
30
|
30
|
By permit
|
|
I. Parking shall meet the requirements of Chapter 17.32
| ||||||||
|
J. Signage shall meet the requirements of Chapter 17.40
| ||||||||
|
K. Lighting shall meet the requirements of Chapter 17.30
| ||||||||
|
Notes:
| |
|---|---|
|
1
|
Measurement of setbacks shall be from the ultimate right-of-way
of streets as shown on the adopted circulation element map of the
Moorpark general plan or in the case of a roadway not shown on the
circulation element map, the measurement shall be from the edge of
the right-of-way required by the city. Public or private alleys shall
not be counted as part of the required setback.
|
|
2
|
Sites greater than eight acres that are adjacent to both a freeway
interchange and an arterial roadway as identified in the circulation
element and that are not adjacent to planned residential uses may
be developed with retail furniture or appliance stores with attached
distribution/warehouse facilities at a maximum 0.38 FAR when all other
standards of the zoning ordinance are met.
|
|
3
|
Height may be increased (to maximum 50 feet and not to exceed
three stories) with approval by city council of a conditional use
permit.
|
|
4
|
See Section 17.44.040(F) for exceptions.
|
|
5
|
Properties located adjacent to railroad property shall provide
a minimum rear or side yard setback of 10 feet.
|
|
6
|
In the case of odd-shaped lots, the community development director
shall determine the required yards, referencing typical rectangular
lots in the district in which such odd-shaped lot is located. In no
case shall such determination constitute a variance from the standards
of the zoning district.
|
(Ord. 514 § 10, 2023; Ord. 515 § 10, 2023)
In addition to the standards of Chapter 17.36, the following standards shall apply:
A.
Vehicular
Access. Each building site shall have a minimum 25 foot wide vehicular
access to a public street.
B.
Architectural
Appurtenances. Clocks, tower elements, and similar ornamental design
elements on structures, may exceed the maximum height identified in
Table 17.24.035, provided, the additional height does not create additional
floor area. Such appurtenances may stand no taller than 15 feet above
the maximum allowed height in the zone. Height beyond such limit for
appurtenance structures may be considered with a conditional use permit,
provided the maximum height of the structure does not exceed 60 feet.
C.
Windows,
metal roofing, exterior metal architectural features shall not be
mirror finish, reflective, glossy, or polished. Such features shall
be burnished, or matte finish to limit glare and similar visual impacts
to adjacent properties.
D.
Landscaping.
All planting and irrigation shall be in accordance with the city's
Landscape Manual. All required landscaping shall be permanently maintained
in a healthy and thriving condition, free from weeds, trash and debris.
E.
Masonry
Walls and Landscape Screens. Where a commercial or industrial development
abuts property in any lower density residential zones (O-S, A-E, R-A,
R-L, and R-E), a masonry wall, solid fence, or equivalent noise attenuation
structure, a minimum of six feet in height from the highest finished
grade at the property line shall be erected and maintained between
such uses and the residential zone.
F.
Mechanical
Equipment—Screening and Noise Attenuation. All mechanical equipment
shall be architecturally screened from view and isolate noise at the
property line between adjacent uses. When ground mounted mechanical
equipment is used, including, but not limited to, heating and air
conditioning units, such equipment shall be completely screened from
surrounding properties by use of a wall or fence or shall be enclosed
within a building. Structural and design plans for any required screening
under the provisions of this section shall be approved by the community
development director and building official.
G.
Roof
Appurtenances—Screening. All roof appurtenances, including,
but not limited to, air conditioning units, roof access ladders, and
mechanical equipment shall be located below the lowest roof parapet
that exists on the building to ensure that it is fully screened from
view from on-site parking areas, adjacent public streets and adjacent
residentially zoned property.
H.
Reciprocal Ingress, Egress, Parking and Drainage. Reciprocal ingress, egress, circulation, parking and drainage arrangements shall be required to facilitate the ease of vehicular movement between adjoining properties as well as drainage. See Section 17.32.025 for further restrictions.
I.
Testing.
Whenever there is a question of conformance with a performance standard
of this section or a condition of approval of the project, the property
owner or operator shall engage the services of a qualified and/or
licensed professional for the type of testing needed.
J.
In
all commercial and industrial zones, the conversion of the project
to condominium ownership shall meet all requirements of the zone to
the maximum extent possible within the constraints of the existing
development. In no case shall the requirements of the fire code, sign
ordinance, and screening standards of this section be waived.
K.
No
outdoor paging systems or telephone bells or similar devices shall
be used on commercial or industrial properties which abut or are across
the street from R-1, R-2, R-3, R-E, R-A, or R-L, residentially or
open space zoned properties.
L.
Street
Improvements. No development shall occur on any property unless all
street frontages that the property abuts or is adjacent to are fully
improved according to adopted city street standards and consistent
with the Moorpark general plan or will be improved to such standard
as part of the project.
M.
Adult Business Minimum Location Requirements. In addition to meeting all requirements of Section 17.28.050 and all requirements of Chapter 5.18 of the Moorpark Municipal Code, an adult business may not be located:
1.
Within
500 feet of any property line that is zoned R-1, R-2, R-L, R-E, R-A
or any residential structure within another zone, whether inside or
outside the city limits; and
2.
Within
500 feet of any church, synagogue, mosque or other publicly recognized
place of worship, whether inside or outside of the city limits; and
3.
Within
500 feet of any public or private school or childcare establishment,
whether inside or outside the city limits; and
4.
Within
500 feet of any public park or playground, or any city facility, including,
but not limited to, City Hall, the city library, and any police or
fire station, as measured from the property line of said use; and
5.
Within
500 feet of any property operating a business with a Type 40, 42,
48 or 61 on-site alcoholic beverage license; and
6.
Within
1,000 feet of any other adult business whether inside or outside the
city limits.
|
The distances specified in this subsection will be measured
in a straight line, without regard to intervening structures, from
the nearest point of the premises in which the proposed adult business
is to be established to the nearest property line of a use or zoning
classification listed above.
|
(Ord. 515 § 10, 2023)
Accessory structures in commercial, industrial and special purpose
zones shall be as follows:
A.
Accessory
structures containing trash enclosures, mechanical equipment, storage
or other similar structures shall not be located in front of or on
the street side of the main building(s).
B.
Accessory
structures shall meet all of the setback requirements for main buildings.
C.
Porches,
steps, architectural features such as canopies or eaves, and chimneys,
balconies or stairways may project not more than two and one-half
(2 1/2) feet into any required front yard area, not more than four
feet into any required rear yard area, and not more than two feet
into any required side yard setback area.
(Ord. 515 § 10, 2023)
Wall and fence requirements in commercial, industrial and special
purpose zones shall be as follows:
A.
In
any required front or street side yard area, a wall or fence shall
not exceed three feet in height. In the required front or exterior
side yard, where a retaining wall is used to increase usable lot area,
a fence or wall not exceeding three feet in height may also be erected;
provided, that the fence or wall is set back a minimum of five feet
from the retaining wall.
B.
In
any required rear or interior side yard area, a wall or fence shall
not exceed eight feet in height except in those instances where there
is a grade difference or a noise attenuation requirement. When a retaining
wall is used to increase usable lot area, the sum total of any combination
of fence or wall and retaining wall shall not exceed 10 feet in height,
unless a five foot landscape area is provided between the retaining
wall and the fence or wall.
C.
Visual/Sight
Distance. A wall, fence, or landscaping area adjacent to a driveway
or street or public sidewalk providing vehicular access to an abutting
lot or street shall not exceed three feet in height within 15 feet
of the intersection of the driveway and the street right-of-way and/or
shall comply with Caltrans's design standards for site visibility.
Landscaping within the sight distance triangle shall be maintained
below three feet and the bottom of a tree canopy shall be at least
eight feet above the ground. Final height determination shall be by
the community development director. Corner cut-offs may be required
for safety and visibility (see example below).
 |
D.
Walls
and fences in street yard frontages or visible from the street shall
be constructed out of durable, substantial, and decorative materials.
Fiberglass sheeting, bamboo sheeting or other similar nondurable materials
are not permitted for fencing in street yard frontages. Plain concrete
materials are also not permitted for walls in street yard frontages
or visible from the street.
E.
Where there is a grade difference between two properties, the fence/wall height shall be measured from the highest finish grade, provided, that the distance from the lower grade to the top of the fence shall not exceed 10 feet. Where the height of 10 feet would be exceeded, the requirements of subsection A of this section shall be met.
F.
All fences and walls (including retaining walls) shall be constructed of new or good used material and in accordance with the methods of construction which conform to the requirements of Chapter 15.08, Building Code. Additionally, they shall be maintained in a state of good repair. Any dilapidated, dangerous or unsightly fences or retaining walls shall be repaired or removed.
G.
Barbed
Wire Strands, Razor Wire or Concertina Wire (Coiled Barbed Wire).
Use of barbed wire strands, razor wire or concertina wire shall not
be visible from a public street and shall meet the following requirements:
1.
Such
fencing shall only be permitted on industrially zoned property that
is not adjacent to or across the street from R zoned property, or
a school, and where a finding can be made that use of such fencing
material is required to protect the public health, safety and welfare.
2.
If
approved, such fencing material shall be placed at the top of a wall
or fence, shall have a minimum vertical clearance of six feet above
grade, and shall be maintained in a safe condition.
3.
In
no case shall such fencing be permitted along Los Angeles Avenue,
Gabbert Road and Poindexter Avenue.
4.
Barbed wire or any other type of wire fencing shall not be kept in an unsafe, abandoned or materially dangerous condition. Unmaintained wire fencing, including, but not limited to, barbed wire, razor wire and concertina wire (coiled barbed wire), is declared to be a public nuisance and shall be subject to the nuisance abatement procedure, Chapter 17.56.
5.
Razor
wire or concertina wire shall not be placed on the rooftop of any
building.
(Ord. 515 § 10, 2023)
Table 17.24.055 indicates the minimum development requirements for buildings and accessory structures in the mixed use zones with respect to lot area, setback, height and building coverage unless indicated otherwise. Development in any of the zones shall follow the requirements of this title, including, but not limited to, parking, lighting, landscaping, signing, operation, and entitlement. All construction must be performed within the hours allowed by Chapters 15.26 and 17.53.
|
Table 17.24.055
DEVELOPMENT REQUIREMENTS FOR MIXED USE ZONES
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
General Requirements
|
MUL
|
MUM
|
MUD
| |||||
|
Vertical Mixed Use
|
Commercial
|
Multifamily Residential
|
Vertical Mixed Use
|
Commercial
|
Vertical Mixed Use
|
Commercial
|
Multifamily Residential
| |
|
A. Floor area ratio, maximum
|
1.5
|
1.5
|
1.5
|
2.0
|
2.0
|
2.0
|
2.0
|
2.0
|
|
B. Dwelling units per acre, maximum
|
24
|
—
|
24
|
32
|
—
|
32
|
—
|
32
|
|
C. Dwelling units per acre, minimum (vertical mixed-use projects
have no minimum dwelling units per acre standard)
|
0
|
—
|
8
|
0
|
—
|
0
|
—
|
12
|
|
D. Front yard setback (min/max)
|
0/5′
|
0/5′
|
0/10′
|
0/5′
|
0/5′
|
0/5′
|
0/5′
|
0/10′
|
|
E. Setbacks for frontages along Moorpark Avenue and High Street
(min/max)
|
0/5′
|
0/5′
|
0/10′
|
0/5′
|
0/5′
|
0/5′
|
0/5′
|
0/10′
|
|
F. Width of frontage building to maintain minimum setback2,
5
|
70%
|
70%
|
60%
|
75%
|
75%
|
80%
|
80%
|
75%
|
|
G. Maximum interior side yard setback5 (min/max) except where
fire department access shall be required, maximum side yard setback
shall be no less than required by the fire department
|
0/15′
|
0/10′
|
0-15′
|
0/0
|
0/0
|
0/15′
|
0/10′
|
0/15′
|
|
H. Minimum side yard abutting non-mixed use residential designated
zones5
|
15′
| |||||||
|
I. Street side setback (min/max)5
|
0/5′
|
0/5′
|
0/5′
|
0/5′
|
0/5′
|
0/5′
|
0/5′
|
0/5′
|
|
J. Minimum rear yard setback5 except where fire department access
shall be required, maximum side yard setback shall be no less than
required by the fire department
|
10′
|
0
|
10′
|
10′
|
0
|
10′
|
0
|
10′
|
|
K. Minimum rear yard setback abutting non-mixed use residential
zones5
|
15′
| |||||||
|
L. Building and structure height, maximum3,4
|
3 stories and 40′
| |||||||
|
M. Minimum stepback above 28-ft. building height4,5
|
Minimum 10-ft. stepback above 28-ft. building height shall be
applied to the following:
1. Along primary street frontage.
2. Along property lines that are adjacent to non-mixed use residential
designated zoned properties.
See Figure 17.24.055.A and § 17.24.060(B).
| |||||||
|
N. Parking requirements
|
See § 17.32.020
| |||||||
|
O. Signage requirements
|
See Ch. 17.40
| |||||||
|
P. Lighting requirements
|
See Ch. 17.30
| |||||||
|
Q. Storefront transparency
|
See § 17.24.060(F)
| |||||||
|
R. Minimum landscaping requirement
|
15%
| |||||||
|
S. Minimum ground floor commercial requirement for mixed-use
projects
|
10% or 1,500 gross sq. ft. of ground floor per project site,
whichever is less.
Shall not apply to residential only projects.
| |||||||
|
T. Freestanding residential structure allowed along frontage
|
Allowed
|
Prohibited
|
Allowed
| |||||
|
Notes:
| |
|---|---|
|
1
|
See Section 17.24.060(A).
|
|
2
|
See Figures 17.24.055.A and 17.24.055.B for setback examples.
|
|
3
|
Height may be increased (to a maximum of 50 feet and not to
exceed three stories) with approval by city council of a conditional
use permit.
|
|
4
|
For purposes of stepbacks, the maximum height of a story shall
be 14 feet. A single-floor building, measuring more than 14 feet in
height shall be accounted as additional stories for each additional
14 feet. For example, a 28 foot tall single floor building would qualify
as two stories in the mixed use zones; therefore, the structure above
28 feet would be required to step back.
|
|
5
|
See Section 17.44.040(F) for exceptions.
|
|
Figure 17.24.055.A Stepback Example, Frontage and Street
Side
 |
|
Figure 17.24.055.B Stepback Example, Adjacent to Residential
Lots
 |
(Ord. 512 § 10, 2023; Ord. 515 § 10, 2023)
In addition to the standards of Chapter 17.36, the following standards shall apply:
A.
Building
Frontages.
1.
The
maximum setback shown in Table 17.24.055(D) shall apply for the building
fronting the primary street of the building frontage as shown in Figure
17.24.055.A.
2.
An
optional activity space may exist within the area created when a building
frontage is set back up to the maximum allowed frontage setback after
the percentage of required minimum building frontage percentage in
Table 17.24.055(F) is met. This activity space can be used as outdoor
gathering area, dining, plaza, or similar pedestrian oriented activities
for adjacent uses.
3.
The
director may approve a greater street level building activity setback
by zoning clearance for the remaining percentage of the property frontage
after the building percentage in Table 17.24.055(F) is met.
B.
Stepback
Design and Use.
1.
Nonresidential
Stepbacks Fronting a Residential Land Use.
2.
Residential
Stepback Area Fronting a Street or Residential Use.
a.
The wall or railing shall be at least 42 inches in height and be
solid to prevent views onto the stepback area from the ground.
b.
No mechanical equipment or materials shall be placed or stored in
the setback area visible to an observer on the ground.
c.
Units that open onto the stepback area shall have an accessible outdoor
storage area of at least 128 cubic feet with a closeable solid door.
d.
Balconies open on at least two sides may project into the stepback
area provided the balcony is at least five feet from the side property
line.
C.
Façade
Modulation. Buildings over two stories or over 30 feet in height shall
have the following:
1.
Every
50 feet along the street frontage through the use of varying setbacks,
building entries and recesses, transparent fenestration at the ground
level, or structural bays that shall be a minimum of 12 inches deep
and four feet wide and extend the full height of the building.
2.
Every
100 feet along any street frontage, adjacent public park, or publicly
accessible outdoor space through the use of varying setbacks and/or
building entries and shall be a minimum of 30 inches deep and four
feet wide and extend the full height of the building.
D.
Blank
Wall Elevations. Blank walls, including walls distinguished only by
changes in color, are prohibited. Buildings shall carry the same architectural
treatment as to form and massing, roof design, wall and window design,
and materials and colors on all elevations visible to the public.
E.
Building
Entries. Building entries shall be designed to create landmark visual
reference points and emphasize the importance of the building entrance
by compliance with the following standards:
1.
Nonresidential
Building Entries. The following standards apply to all ground floor,
nonresidential portions of a street-facing or publicly accessible
open space-facing elevations of a building. For nonresidential uses,
the primary entrance of a building is defined as the door or doors
which provide public access to a lobby or ground floor occupancy.
a.
Primary entries shall be directly accessible from the public street
frontage or open space. Primary entrances that front publicly accessible
open spaces shall have direct sightlines and a path of continuous
and unobstructed pedestrian access to street frontage.
b.
Primary nonresidential use entrances shall not be located facing
an alley, parking, or service driveway.
c.
For lobbies, a recess or projection shall have a minimum of four
feet depth to delineate the building lobby from the balance of the
façade.
2.
Residential
Building Entries. The following shall apply to the ground floor residential
portions of streetfacing or publicly accessible open space-facing
façades of residential buildings or residential portions of
a mixed-use building. For residential uses, the primary entrance of
a building is defined as a door or doors that provide primary access
to a ground-floor residential lobby and/or individual entries are
permitted for private residential units.
Residential building lobbies shall be located at the ground
floor and accessible directly from public street frontage or publicly
accessible open space. Primary entrance(s) that front publicly accessible
open spaces shall have direct sight-lines and a path of continuous
and unobstructed pedestrian access to the street frontage.
a.
Entries shall be unique and identifiable and shall incorporate at
least one of the following design features: canopy, marquee, portico,
or other form of weather protection.
b.
Primary entries are prohibited from alleys, driveways, at-grade parking
lots, or parking structures.
c.
Individual residential entries are permitted to be accessed directly
from the street frontage subject to a minimum walkway, ramp, and/or
stairs width of four feet for single unit entries.
d.
Entry porches, stoops, and terraces, not including stairs, shall
be a minimum of 20 square feet.
G.
Storefront
Transparency.
1.
Façades
that face the street or publicly accessible space are required to
provide a minimum of 75% transparency along the frontage.
2.
No
dark-tinted or opaque glazing that results in less than 88% light
transmission is permitted for wall opening (i.e., doors and windows)
along the street level. Mirrored or applied films that create mirrored
windows and curtain walls are prohibited.
H.
Roof
Appurtenance and Mechanical Equipment Screening. All roof appurtenances,
including, but not limited to, air conditioning units, roof access
ladders, and mechanical equipment shall be located below the lowest
roof parapet that exists on the building to ensure that it is fully
screened from view from on-site parking areas, adjacent public streets
and adjacent residentially zoned property. When ladders or other emergency
access equipment is required above the roof parapet, such equipment
shall be painted or treated to match the structure for screening purposes.
When ground mounted mechanical equipment is used, including, but not
limited to, heating and air conditioning units, such equipment shall
be completely screened from surrounding properties by use of a wall
or fence or shall be enclosed within a building. Structural and design
plans for any required screening under the provisions of this section
shall be approved by the community development director and building
official.
I.
Mirror
Finishes. Windows, metal roofing, and similar exterior metal architectural
features shall not be mirror finish, reflective, glossy, or polished.
Such features shall be burnished, or matte finish to limit glare and
similar visual impacts to adjacent properties.
J.
On-Site
Residential Amenities. Multifamily residential developments, consisting
of 10 or more units, shall provide the following:
1.
On-site
recreational and resident amenities that equal at least 100 square
feet per residential unit. Such amenities may include, but are not
limited to, swimming pool, playground, fitness room, community room,
BBQ area, outdoor seating area within a landscaped area, or other
amenity as approved by the entitlement review body. Walkways and general
landscape areas are not considered part of on-site residential amenities.
2.
On-site
publicly accessible areas equal to at least 15% of the project's net
lot area but shall not be required to exceed 10,000 square feet or
be required on lots of 20,000 square feet or less. These areas shall
be located adjacent to, and accessible from, a public right-of-way.
They shall be contiguous to each other on the project site. The shortest
dimension of these areas shall be a minimum of 15 feet. This area
shall be privately maintained by the owner(s) of the residential development
but shall remain publicly accessible and available for public use
from eight (8:00) a.m. to eight (8:00) p.m. each day, except as otherwise
provided by the project conditions or specific agreement for this
use between the property owner and the city. The publicly accessible
amenities required in these areas shall be those intended for public
gathering, play spaces, landscaped seating areas, or other amenities
as approved by the entitlement review body.
K.
Additional
on-site residential features required for all multifamily residential
developments shall include:
1.
On-site
laundry facilities available to all residents. Laundry facilities
may be provided in a common laundry room or within each residential
unit.
2.
Enclosed,
secure, locking storage area of at least 100 cubic feet within or
adjacent to each residential unit. This area may be accounted within
a garage, carport or adjacent to a residential unit. The storage area
is intended to allow for storage of personal items, such as bicycles,
tools, outdoor furniture, etc.
3.
Private
or semi-private outdoor patio, porch, yard or other private or semi-private
space shall be provided to each residential unit. Such area shall
measure at least 50 square feet. The area is intended for use by residents
for activities such as outdoor dining or gathering and shall be accessible
directly from the residential unit. Outdoor patios are not intended
for storage.
Deviations from the requirement in subsections (K)(1) through
(3) may be considered by the community development director where
strict conformance is infeasible.
(Ord. 512 § 10, 2023; Ord. 515 § 10, 2023)
The purpose of this section is to enhance the public welfare
by establishing policies which require the development of housing
affordable to households of extremely low, very low, low, and/or moderate
incomes, meet the city's established regional share of housing needs,
and implement the goals and objectives of the general plan and the
housing element.
B.
Exceptions.
The requirement to construct housing shall not apply to the following:
2.
Residential developments of nine or less residential units. Adjacent projects that are on separate parcels but collectively equal 10 or more dwellings and are held by the same owner are not exempt, unless permitted more than one year apart. Payment of in-lieu fees as defined in subsection G applies.
3.
A
100% affordable housing project.
4.
Units
approved as accessory dwelling units or junior accessory dwelling
units.
5.
Residential
development project using density bonus which meets or exceeds the
affordability of 15% of units.
C.
Inclusionary
Housing Requirements. All new residential developments of 10 or more
dwelling units shall include inclusionary units. Calculations of the
number of inclusionary units required by this subsection shall be
based on the number of dwelling units in the residential development,
excluding any density bonus units, ADUs or junior ADUs. Unless otherwise
exempted or excepted from this section, residential developments shall
construct inclusionary units upon the same site as the residential
development.
D.
Number
of Inclusionary Units Required for For-Sale Residential Developments.
For-sale residential development projects of 15 or more dwelling units
shall provide 15% of the total units of a residential development
and satisfied by designating 7% for low income household and 8% for
moderate income household. For residential developments of between
10 and 15 units, a single inclusionary unit shall be required and
can be either very low or low income.
E.
Number
of Inclusionary Units Required for Rental Residential Developments.
Rental residential development projects of 15 or more dwelling units
shall provide 15% of the total units available at affordable rent
and satisfied by designated 7% for extremely low income households
and 8% for very low income households.
|
Table 1 Calculation of Inclusionary Requirements for Projects
from 10 – 30+ Units
| |||||||
|---|---|---|---|---|---|---|---|
|
Units
|
Inclusionary Rate
|
Required Inclusionary Units
|
For Sale
|
For Rent
| |||
|
Low
|
Moderate
|
Extremely Low
|
Very Low
| ||||
|
10
|
10%
|
1.00
|
1
|
*
|
*
|
*
|
*
|
|
11
|
10%
|
1.00
|
1
|
*
|
*
|
*
|
*
|
|
12
|
10%
|
1.00
|
1
|
*
|
*
|
*
|
*
|
|
13
|
10%
|
1.00
|
1
|
*
|
*
|
*
|
*
|
|
14
|
10%
|
1.00
|
1
|
*
|
*
|
*
|
*
|
|
15
|
15%
|
2.25
|
2
|
1.05
|
1.20
|
1.05
|
1.20
|
|
16
|
15%
|
2.40
|
2
|
1.12
|
1.28
|
1.12
|
1.28
|
|
17
|
15%
|
2.55
|
3
|
1.19
|
1.36
|
1.19
|
1.36
|
|
18
|
15%
|
2.70
|
3
|
1.26
|
1.44
|
1.26
|
1.44
|
|
19
|
15%
|
2.85
|
3
|
1.33
|
1.52
|
1.33
|
1.52
|
|
20
|
15%
|
3.00
|
3
|
1.40
|
1.60
|
1.40
|
1.60
|
|
21
|
15%
|
3.15
|
3
|
1.47
|
1.68
|
1.47
|
1.68
|
|
22
|
15%
|
3.30
|
3
|
1.54
|
1.76
|
1.54
|
1.76
|
|
23
|
15%
|
3.45
|
3
|
1.61
|
1.84
|
1.61
|
1.84
|
|
24
|
15%
|
3.60
|
4
|
1.68
|
1.92
|
1.68
|
1.92
|
|
25
|
15%
|
3.75
|
4
|
1.75
|
2.00
|
1.75
|
2.00
|
|
26
|
15%
|
3.90
|
4
|
1.82
|
2.08
|
1.82
|
2.08
|
|
27
|
15%
|
4.05
|
4
|
1.89
|
2.16
|
1.89
|
2.16
|
|
28
|
15%
|
4.20
|
4
|
1.96
|
2.24
|
1.96
|
2.24
|
|
29
|
15%
|
4.35
|
4
|
2.03
|
2.32
|
2.03
|
2.32
|
|
30+1
|
15%
|
4.50
|
5
|
2.10
|
2.40
|
2.10
|
2.40
|
|
Notes:
| |
|---|---|
|
*
|
The additional unit shall be either extremely low or very low
income.
|
|
1
|
Projects greater than 30 units shall apply the unit percentage requirement and affordability ratios from Section 17.24.065(E), even though not calculated and shown in Table 1.
|
F.
Fractional
Units. In computing the total number of inclusionary units required
in a residential development, fractions greater than 1/2 shall be
rounded up to the next highest whole number, and fractions of 1/2
or less than 1/2 shall be rounded down to the next lowest whole number.
G.
In-Lieu
Fee Compliance Alternative. Inclusionary housing requirement may be
satisfied by the payment of a fee to the city in lieu of constructing
the inclusionary units within the residential development, provided
that such fee is received by the city prior to the issuance of the
building permits for the first market rate unit in the residential
development, or as described in the project's conditions of approval.
The amount of in-lieu fees shall be established by the city council
in its annual resolution establishing municipal fees and charges,
or as established otherwise by resolution of the city council, and
may include in the fee the actual estimated costs of administration
and the estimated cost of increases in the price of housing and construction
from the time of payment of the in-lieu fee to the estimated time
of provision of the inclusionary units by the city. If in the case
an in-lieu fee is not established or does not exist at the time of
building permits issuances, the city manager shall substitute another
construction cost index or require the applicant to submit a cost
estimate with the total in-lieu fee to be approved by city council.
The automatic fee adjustment, as modified by the city council, will
occur when the city conducts its annual update of the municipal fee
schedule.
H.
Inclusionary
Fee Fund. The in-lieu fees collected shall be deposited into an affordable
housing inclusionary fund. The fund shall be used exclusively for
the provision of affordable housing and for reasonable costs associated
with the development, maintenance and oversight of such housing. The
fund includes in-lieu fees as well as other funds available to the
city for exclusive use for the provision of affordable housing.
I.
Standards
of Inclusionary Units.
1.
Inclusionary
units shall be dispersed throughout the project.
2.
The
number of bedrooms and bathrooms in inclusionary units shall be provided
in approximately the same proportion as the market rate units in the
residential development.
3.
Inclusionary
units shall have the same quality and types of materials, finishes,
and appliances comparable to the market rate units, unless it can
be demonstrated to the satisfaction of the city that this is infeasible.
4.
Inclusionary
units shall comply with all applicable development standards.
5.
Inclusionary
unit residents shall have equivalent access to use of all on-site
amenities.
6.
Inclusionary
units shall be maintained to the same standard as market rate units.
7.
Developer
shall actively market the affordable units (both for for-sale and
rental units) to eligible households con-currently with the market
rate units, consistent with the city's affordable housing policies.
8.
Inclusionary
units in a residential development shall be constructed concurrently
with, or before, the construction of the market rate units. If the
city approves a phased project, the required inclusionary units shall
be provided proportionately within each phase of the residential project.
J.
Continuing
Affordability Agreement and Duration. The property owner shall record
an affordable housing agreement deed restriction for both for-sale
and rental units against the property reserving the extremely low,
very low, lower, and/or moderate-income units at the applicable affordable
housing cost for a minimum of 55 years from the date of issuance of
a certificate of occupancy. The form of the deed restriction shall
be consistent with the city's affordable housing policies.
K.
Monitoring
of Compliance. Owners of residential development projects shall submit
compliance reports to the city at least once every year and the city
may conduct periodic on-site audits to ensure compliance with all
applicable laws, policies, and agreements. The city council may adopt
fees for the costs of monitoring and compliance by the city, which
shall be deposited into the affordable housing inclusionary fund for
that purpose.
(Ord. 515 § 10, 2023)
