The purpose of this chapter is to establish review procedures
for land use entitlement applications including permits and variances;
and applications to amend or adopt the general plan, specific plans,
the zoning map or zoning ordinance.
(Ord. 515 § 10, 2023)
No entitlement shall be granted, or permit be issued for construction
on a lot, which is not a legal lot, as defined by the state Subdivision
Map Act and the subdivision ordinance.
(Ord. 515 § 10, 2023)
The following discretionary permits and exceptions are authorized
by this title. If more than one discretionary permit or exception
application is required for a proposed use or structure, the community
development director may require all applications for the proposed
use or structure to be filed, processed, considered, and decided concurrently
through the most thorough decision-making process and by the highest
decision-making authority of the permits and/or exceptions requested.
A. Temporary Use Permit (TUP). A temporary use permit is required prior to initiation of uses or structures in a given zone as specified by Chapter
17.20 of this title that are to be established for a temporary period of time (not to exceed 90 days). A temporary use permit may include multiple nonconsecutive dates within a 90 day time frame. Temporary use permit applications require review and approval by the community development director to assure compliance with the requirements of this title, and may be conditioned to protect the health, safety, life, aesthetics, or property of the applicant or the public. One additional 90 day extension to a temporary use permit may be granted. A period of 60 days must occur between temporary use permits at the same location for a similar temporary use as determined by the community development director. No more than six temporary use permits may be granted within any 12 month period. A temporary use permit may be revoked by the community development director prior to the expiration date based upon information that the conditions have not been met, or to protect the health, safety, life, or property of the applicant or the public. Temporary use permits shall take the place of a zoning clearance when applicable. Temporary uses lasting more than 180 days may be authorized to occur for a longer period of time with an administrative permit, at the discretion of the community development director. The following special temporary use permits may be granted considering special conditions or time limits as noted:
1. Construction
Building or Office. A temporary use permit shall be required for the
temporary placement of a construction trailer or other similar structure
associated with a project site where a grading or building permit
is approved. The temporary use permit may be issued for a period of
time determined by the director and shall be associated with an active
construction site with an active building or grading permit. A separate
building permit may also be required for such structure. An administrative
permit may be obtained for the placement of a temporary construction
building which would exceed placement of 180 days or more.
2. Brush
Clearance. A temporary use permit shall be required for temporary
brush clearance where goats or similar animals are used for removal
of excess brush, as required by the fire department. A temporary use
permit issued for animal brush clearance shall include conditions
of approval, applied by the community development department at the
discretion of the director to ensure safety of the animals on the
site, safety of humans within the vicinity of the subject property,
and to ensure appropriate brush clearance is conducted.
3. Exempt
Temporary Uses.
a. Garage Sales. Residential garage, yard, or estate sales of personal
property conducted by, or on behalf of, a resident of the premises
may be conducted consistent with the following standards:
i. Number of Events. A maximum of four times per 12 month period, per
lot.
ii. Duration. A maximum of three consecutive days per event.
b. Nonprofit Fundraising. Fundraising sales by a certified 501(c)(3)
nonprofit organization may be conducted consistent with the following
standards:
i. Location. Located on a parcel with an approved commercial, industrial,
institutional, or religious use.
ii. Number of Events. A maximum of six times per 12 month period, per
site.
iii.
Duration. A maximum of seven consecutive days per event.
iv. Obstructions. The fundraising sale shall not obstruct the right-of-way,
sight distances, building or site ingress or egress, or otherwise
create hazards for vehicle or pedestrian traffic.
c. Catering. Mobile food vendors may operate as caterers to private
events on private property when food or beverages are not sold, or
offered for sale, to the general public.
B. Administrative Permit (AP). An administrative permit is required prior to the initiation of uses and structures in a given zone as specified in Chapter
17.20 of this title where review and approval by the community development director is required to assure compliance with the provisions of the Moorpark Municipal Code. An administrative permit application is subject to site plan and architectural review. Notice of a pending decision on an administrative permit shall be mailed by the community development director to the adjacent owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Rolls, at least 10 days prior to the date of the decision. Public comments concerning compliance of the proposed use or structure with the general plan, municipal code, or other applicable regulations will be accepted during the period before the date of the decision. After the comment period has ended, the community development director may approve the permit, deny the permit, or approve the permit subject to conditions necessary for the proposed use or structure to comply with the general plan, municipal code, and any other applicable regulations. In order for an administrative permit to be approved, the community development director shall find that:
1. The
site design, including structure location, size, height, setbacks,
massing, scale, architectural style, colors, and landscaping, is consistent
with the provisions of the general plan, any applicable specific plans,
zoning ordinance, and any other applicable regulations;
2. The
site design would not impair the utility of properties, structures
or uses in the surrounding area; and
3. The
proposed development would be served by adequate infrastructure, including,
but not limited to, access to public roadways, water, sewer, gas and/or
electrical services, etc., and the development would not pose a health
or safety concern or if located in a mapped hazard zone, the development
is designed to meet regulatory requirements to minimize health and
safety concerns.
C. Planned Development (PD) Permit. A planned development permit is required prior to initiation of uses and structures in a given zone as specified in Chapter
17.20 of this title where review by the planning commission through a public hearing process is required to assure the project design complies with the provisions of this title and the general plan and is compatible with neighboring properties. A planned development permit application is subject to site plan and architectural review and may be approved, conditionally approved, or denied. Heights, setbacks, sizes, locations, architectural styles and colors of all proposed buildings, structures and other on-site improvements, landscaping design, neighborhood design, and permitted land uses shall be established as part of the planned development permit review and approval process. Any change to the initial permitted land uses shall require a modification consistent with the requirements of Section
17.44.100 of this chapter, except as permitted by Section
17.44.030(C) of this chapter. The planning commission and city council (if required) shall hold at least one public hearing on any planned development permit application for a commercial, industrial or residential planned development, while mixed use planned development permits shall be reviewed by the planning commission and decided by the city council. Following a public hearing, the planning commission shall be the decision authority for commercial, industrial, and residential planned development permits. The city council shall be the decision authority for mixed use planned development permits. Prior to approving, conditionally approving, or denying an application for a planned development permit, the planning commission (in the case of a commercial, industrial or residential planned development) or city council (in the case of a mixed use planned development) shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a planned development permit to be approved, the city council shall find that:
1. The
site design, including structure location, size, height, setbacks,
massing, scale, architectural style and colors, and landscaping, is
consistent with the provisions of the general plan, any applicable
specific plans, zoning ordinance, and any other applicable regulations;
2. The
site design would not create negative impacts on or impair the utility
of properties, structures or uses in the surrounding area; and
3. The
proposed development would be served by adequate infrastructure, including,
but not limited to, access to public roadways, water, sewer, gas and/or
electrical services, etc., and the development would not pose a health
or safety concern or if located in a mapped hazard zone, the development
is designed to meet regulatory requirements to minimize health and
safety concerns.
D. Conditional Use Permit (CUP). A conditional use permit is required prior to initiation of uses in a given zone as specified by Chapter
17.20 of this title where review by the planning commission through a public hearing process is required to determine if the proposed use complies with all necessary findings listed in this subsection. A conditional use permit requesting an increase in height shall be decided by the city council. A conditional use permit is not allowed as a matter of right but is subject to site plan and architectural review and may be approved, conditionally approved, or denied. Prior to approving, conditionally approving, or denying an application for a conditional use permit, the planning commission shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a conditional use permit to be approved, the planning commission shall find that:
1. The
proposed use is consistent with the provisions of the general plan,
zoning ordinance, and any other applicable regulations;
2. The
proposed use is compatible with both existing and permitted land uses
in the surrounding area;
3. The
proposed use is compatible with the scale, visual character, and design
of surrounding properties;
4. The
proposed use would not be obnoxious or harmful, or impair the utility
of neighboring property or uses;
5. The
proposed use would not be detrimental to the public health, safety,
convenience, or welfare;
6. Additional
Finding for Hazardous Waste Facilities. The following additional finding
is required for the approval of conditional use permits for hazardous
waste facilities:
a. The proposed hazardous waste facility is consistent with the portions
of the county hazardous waste management plan that identify specific
sites or siting criteria for hazardous waste facilities;
7. Additional
Findings for Establishments Selling Alcoholic Beverages. The following
additional findings are required for the approval of conditional use
permits for establishments selling alcoholic beverages:
a. The use would not result in an over concentration in the area of
establishments selling alcoholic beverages,
b. The use would serve a public convenience,
c. The use would not create the need for increased police services,
d. The requested use at the proposed location would not adversely affect
the economic welfare of the community, and
e. The exterior appearance of the structure would 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;
8. Additional
Findings for Increase in Building Height. The following additional
findings are required for the approval of conditional use permits
for additional height in specified zones, not to exceed 50 feet and
three stories:
a. The site size, dimensions, location, topography, and access are adequate
for the needs of the proposed use, considering the proposed building
mass, parking, traffic, noise, vibration, exhaust/emissions, light,
glare, erosion, odor, dust, visibility, safety, and aesthetic considerations,
b. The increase in height will not result in an impact on adjacent properties
that cannot be mitigated through the application of code, design standards,
or reasonable conditions of approval,
c. All required public facilities and services have adequate capacity
to serve the proposal,
d. The project meets the other requirements of the zoning code and intent
of the general plan.
E. Variance. A variance is an adjustment in the regulations contained in this title. A variance is based on discretionary decisions and may be granted to allow deviations from ordinance regulations governing such development factors as setbacks, height, lot coverage, lot area and width, signs, off-street parking, landscaping and wall, fencing and screening standards. A variance shall be processed in accordance with the provisions of this title. A variance may not be granted to authorize a use or activity as a substitute to an amendment to these zoning regulations. Except when a variance is filed as part of a planned development permit, conditional use permit and as provided in subsection
F of this section, variance requests shall be heard and decided by the planning commission through a public hearing process. Prior to approving, conditionally approving, or denying an application for a variance, the planning commission shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a variance to be approved, the decision-making authority shall find that:
1. There
are special circumstances applicable to the subject property with
regard to size, shape, topography, location or surroundings, such
that the strict application of the zoning regulations denies the property
owner privileges enjoyed by other property owners in the vicinity
and under identical zoning districts;
2. The
granting of the requested variance will not confer a special privilege
inconsistent with the limitations upon other properties in the same
vicinity and zone;
3. The
strict application of the zoning regulations as they apply to the
subject property will result in practical difficulties or unnecessary
hardships inconsistent with the general purpose of such regulations;
4. The
granting of such variance will not be detrimental to the public health,
safety or general welfare, nor to the use, enjoyment or valuation
of neighboring properties; and
5. The
granting of a variance in conjunction with a hazardous waste facility
will be consistent with the portions of the county's hazardous waste
management plan (CHWMP) that identify specific sites or siting criteria
for hazardous waste facilities.
F. Administrative
Exception.
1. An
administrative exception may be granted by the community development
director for minor adjustments to the zoning regulations. An administrative
exception may be granted only in the following situations:
a. To allow a decrease of up to 20% in any required minimum setback,
provided that such exception may be granted only once from the minimum
standard adopted by this code, or any planned development permit approved
consistent with this code;
b. To allow walls, fences or hedges to exceed the height limit regulations
by a maximum of one foot in setback areas, except in a required sight
triangle;
c. To allow an increase up to 20% for maximum building coverage, sign
area or sign height;
d. To allow up to a 5% decrease in the required lot area for second
units.
2. A notice of a pending decision on an administrative exception shall be mailed out to the adjacent owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Rolls, at least 10 days prior to the date of the decision. Public comments concerning the administrative exception will be accepted during the period before the date of the decision. After the comment period has ended, the community development director may approve the exception, deny the exception, or approve the exception subject to conditions, if necessary for the exception to comply with the general plan, municipal code, and any other applicable regulations. The director's decision is final unless appealed within 10 days in accordance with Section
17.44.090. In the approval of an administrative exception, the director shall find that:
a. The granting of the exception will not create negative impacts to
abutting properties;
b. The strict application of the zoning regulations as they apply to
the subject property will result in practical difficulties or unnecessary
hardships inconsistent with the general purpose of such regulations;
and
c. The granting of the exception is consistent with the general plan
and/or any applicable specific plan.
G. Requests
for Reasonable Accommodations.
1. This
section establishes a process for the request and consideration of
a reasonable accommodation in the application of the city's land use,
zoning, and building standards, regulations, policies, and procedures
to allow disabled persons an equal opportunity to use and enjoy housing.
2. Any individual with a disability, his or her representative, or a developer or provider of housing for disabled persons may seek relief from any land use, zoning or building standard, regulation, policy or procedure found in Title
17, Zoning, to ensure equal access to housing by requesting a reasonable accommodation. Requests for a reasonable accommodation must be submitted on an application form provided by the department, and must contain the following information:
a. The name, address and telephone number of the applicant;
b. The name, address and telephone number of the individual with a disability
for whom the reasonable accommodation is being requested;
c. The name, address, and telephone number of the owner of the property
for which the reasonable accommodation request is being made, where
different from the applicant;
d. The address and current use of the property for which the reasonable
accommodation is being made;
e. If the applicant is someone other than the property owner, a letter
of agency or authorization signed by the property owner consenting
to the application being made;
f. The basis for the claim that the individual to be reasonably accommodated
is disabled under the fair housing laws;
g. A description of the reasonable accommodation requested and the land
use, zoning or building standard, regulation, policy or procedure
to be modified or waived;
h. A statement of the reason why the requested accommodation is necessary
for the disabled person to use and enjoy the dwelling.
3. If
the project for which the request for a reasonable accommodation is
made requires another discretionary permit or approval, then the applicant
may file the request for reasonable accommodation together with the
application for the other discretionary permit or approval. The processing
procedures of the discretionary permit will govern the joint processing
of both the reasonable accommodation and the discretionary permit.
If the project for which the request for a reasonable accommodation
is made requires a discretionary permit or approval, then the application
for a reasonable accommodation will be heard at the same time as the
other discretionary permit or approval.
4. If
an individual needs assistance in making a request for a reasonable
accommodation, the city will provide assistance to ensure that the
process is accessible.
5. A
request for a reasonable accommodation may be filed at any time that
the accommodation may be necessary to ensure equal access to housing.
A reasonable accommodation does not affect or negate an individual's
obligation to comply with other applicable regulations not at issue
in the requested accommodation.
6. The
community development director shall be the decision-maker for a reasonable
accommodation that is not made in conjunction with a discretionary
approval that would require planning commission review. The community
development director may refer the processing of the reasonable accommodation
to the planning commission for review if the request is submitted
in conjunction with a request for a separate discretionary approval.
7. The
reviewing authority shall approve, with or without conditions, the
request for a reasonable accommodation if it finds, based upon all
of the evidence presented, that all of the following findings can
be made:
a. The requested accommodation is requested by or on the behalf of one
or more disabled persons protected under the fair housing laws who
will occupy the dwelling.
b. The requested accommodation is necessary to provide one or more disabled
persons an equal opportunity to use and enjoy a dwelling.
c. The requested accommodation will not impose an undue financial or
administrative burden on the city as "undue financial or administrative
burden" is defined in the fair housing laws.
d. The requested accommodation will not result in a fundamental alteration
in the nature of the city's zoning code, as "fundamental alteration"
is defined in the fair housing laws. In considering whether the accommodation
would require such a fundamental alteration, the reviewing authority
may consider, among other factors:
i. Whether the requested accommodation would fundamentally alter the
character of the neighborhood;
ii. Whether the requested accommodation would result in a substantial
increase in traffic or insufficient parking;
iii.
Whether the requested accommodation would substantially undermine
any express purpose of either the city's general plan or an applicable
specific plan; and
iv. Whether the requested accommodation would create an institutionalized
environment due to the number of, and distance between, facilities
that are similar in nature or operation.
e. The requested accommodation will not, under the specific facts of
the case, result in a direct threat to the health or safety of other
individuals or physical damage to the property of others.
8. Conditions
of Approval. In granting a request for a reasonable accommodation,
conditions of approval may be imposed as deemed reasonable and necessary
to ensure that the reasonable accommodation would comply with the
required findings. The reviewing authority shall issue a written determination
to approve, conditionally approve, or deny a request for a reasonable
accommodation. The reviewing authority may approve an alternative
reasonable accommodation that provides an opportunity to use and enjoy
a dwelling equivalent to that which would be provided by the accommodation
specifically requested where such alternative accommodation would
reduce impacts to neighboring properties or the surrounding area.
The director shall mail written notice of the determination to the
applicant and as part of such notice shall advise the applicant of
the right to appeal the determination. The written determination must
explain in detail the basis of the decision. The written decision
of the reviewing authority shall be final, unless appealed.
9. Any
reasonable accommodation approved shall expire 180 days after issuance,
unless otherwise indicated by the community development director or
unless the use of land or structures or building construction has
commenced and is being diligently pursued, as evidenced by current
inspections and/or valid building permits.
10. Any reasonable accommodation may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or city ordinance is violated in connection with the reasonable accommodation. The revocation procedures in Section
17.44.100 will be followed to revoke a reasonable accommodation.
11. If the disabled person who initially occupied the applicable dwelling
and for whom the reasonable accommodation was granted ceases to reside
at the premises, the reasonable accommodation will remain in effect
only if the community development director determines that:
a. The modification is physically integrated into the residential structure
and cannot easily be removed or altered to comply with the requirements
of this title; or
b. The accommodation is necessary to give another disabled individual
an equal opportunity to enjoy the dwelling. The community development
director may request that any successor-in-interest to the property
provide documentation that subsequent occupants are persons with disabilities.
Failure to provide such documentation within 10 days of the date of
a request by the community development director will result in the
termination of a previously approved reasonable accommodation and
the applicable premises must subsequently be made to conform to requirements
of this title.
(Ord. 515 § 10, 2023)