The purpose of this chapter is to set forth standards and regulations in addition to the required standards and regulations which apply to specific uses as listed in Sections 17.20.050 and 17.20.060 of this title.
(Ord. 515 § 10, 2023)
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.
1.
Purpose
and Applicability.
a.
The purpose of this subsection is to establish standards for two-unit
developments to ensure compliance with California Government Code
Sections 65852.21 and 66411.7, otherwise known as Senate Bill 9, while
minimizing impacts to surrounding uses and properties.
b.
Two-unit developments, referred to as housing developments contain
no more than two residential units and as defined by California Government
Code Section 65852.21, are permitted in the O-S, A-E, R-A, R-E, R-L,
and R-1 single-family residential zones.
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.
b.
Waiver of any development standard necessary to permit the minimum
amount of development authorized by California Government Code Section
65852.21 shall not require the granting of a variance or any other
discretionary approval.
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)
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)
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)
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.
e.
All criminal convictions or offenses described in subsection (F)(2)(j)
of the applicant; and whether the applicant is required to register
under the provisions of Section 290 of California Penal Code or Section
11590 of the California Health and Safety Code.
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.
5.
The
action by the hearing officer or city council will be final unless
timely judicial review is sought pursuant to 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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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.
3.
Code
Compliant. It complies with Chapter 6.5 (commencing with Section 8255)
of Division 8 of the Welfare and Institutions Code.
4.
Homeless
Management Information System. It has a system for entering information
regarding client stays, client demographics, client income, and exit
destination through the local Homeless Management Information System,
as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
(Ord. 515 § 10, 2023)
