Chapter 19.16 — RPD RESIDENTIAL PLANNED DEVELOPMENT ZONE

In order to provide a method whereby land may be designed and developed as a unit for residential use by taking advantage of modern site planning techniques; and, in addition, in order to produce an environment of stable, desirable character which will be in harmony with the existing or potential development of the surrounding neighborhood; and, in order to produce developments which meet standards of open space, light, air, pedestrian and vehicular circulation; the planning commission may approve a permit for four units or less per acre in accordance with established conditions of the R-1 zone. A residential planned development permit may be approved by the planning commission after a public hearing and required findings (Section 19.16.300) have been made for greater densities or for departures from the general standards for a residential development which includes an innovative approach in residential design. The planning commission in considering any development may not exceed the density authorized by the general plan.

(Ord. 364 § 1 (part), 1977: prior code § 9404.)

Uses permitted in the RPD zone are as follows:

A.

Dwellings, one-family conventional detached structure, including employee housing accommodations for six or fewer employees;

B.

Day care, small family and large family;

C.

Lath and greenhouses, private and horticulture collections for noncommercial purposes;

D.

Temporary subdivision office; a temporary real estate subdivision sales office for a limited purpose of conducting sales only of lots in the subdivision or residential tract subject to the approval by the director;

E.

Temporary storage; any building project during construction or sixty days thereafter, the property and the project may be used for the storage of materials used in the construction of the individual buildings in the

project and for the contractor's temporary office which may be placed on the adjoining property with the approval of the property owner;

F.

Public schools; elementary, junior high;

G.

Keeping of household pets, domestic animals for personal purposes on a single-family detached residential lot in the RPD-5 or lesser zone must be maintained in accordance with the standards established in the R-1 zone;

H.

Attached residential units or single-family units in the RPD-6U or greater zone may keep household pets and domestic animals for personal purpose, subject to the following:

1.

Not more than two dogs and two cats over the age of four months or combination thereof. Nothing herein authorizes the breeding of dogs and cats for commercial purposes. For the purposes of this section, more than one litter per year per household will constitute "commercial purposes." No farm animals, miniature pot-bellied pigs, or pigeons are permitted,

2.

Small birds. Ten small birds on parcels fifteen hundred square feet or less in area. Lots greater than fifteen hundred square feet in area may have ten small birds for each additional fifteen hundred square feet of lot area. No pigeons are allowed,

3.

Medium birds: provided that the total number may not exceed five for each fifteen hundred square feet of lot area,

4.

Large birds: provided that the total number may not exceed four for each parcel. No peafowl are allowed,

5.

That the number of birds authorized in Section 19.16.020(H)(2), (3) and (4) combined may not exceed the number authorized in Section 19.16.020(H)(2),6.All areas used for the keeping of animals must be kept in a clean and sanitary condition at all times and may not cause detrimental or injurious conditions to the public health, safety, or general welfare of any human being;

I.

Agricultural uses, temporary agricultural uses and stands, subject to the following conditions and limitations:

1.

Growing agricultural crops and accessory structures are permitted uses, but no poultry or animals may be raised or kept except as otherwise permitted by this chapter;

J.

Rented rooms in any single-family detached residence (RPD-5 or lesser zone) for occupancy of not more than two persons in addition to members of the family occupying such dwellings;

K.

Special events as set forth in Chapter 19.63;

L.

Home occupations as set forth in Chapter 19.65;

M.

Keeping of farm animals for personal purposes on a single-family detached residential lot in the RPD-5U or lesser zone must be maintained in accordance with the standards established in the R-1 Zone;

N.

A youth animal project may be allowed in a detached single-family dwelling in the RPD-5U or lesser zone when a special event permit is obtained in accordance with the provisions of Chapter 19.63. In addition to the requirements contained in Chapter 19.63, the director must find as a condition of approval that the adjoining property owner(s) and the leader(s) of the recognized youth organization do not object to the project and that it will not be detrimental to the public health, safety or welfare. Duration of the youth animal project may not exceed six months and not more than one youth animal project per year per parcel. The director may impose conditions on the special event permit to assure compliance with the intent and purpose of Title 19 of this code;

O.

Wild birds may be allowed in a detached single-family dwelling in the RPD-5U or lesser zone when a special event permit is obtained in accordance with the provisions of Chapter 19.63. In addition to the requirements contained in Chapter 19.63, the director must find that all other local, state, and federal requirements have been met and that adjoining property owner(s) do not object to keeping the wild bird(s) and that it will not be detrimental to the public health, safety, or welfare. The director may impose conditions on the special event permit to assure compliance with the intent and purpose of Title 19 of this code.

P.

Second dwelling units in the RPD-5U, or below, zone in accordance with Section 19.16.175;

Q.

Accessory buildings and structures auxiliary to the principal permitted uses;

R.

Cottage food operations as set forth in Chapter 19.74.

S.

Emergency shelter, including other interim interventions such as navigation centers, bridge housing, or respite or recuperative care.

(Ord. 963 § 15, 2003; Ord. 962 § 15, 2003; Ord. 791 § 1, 1993; Ord. 781 § 5, 1993; Ord. 773 § 9, 1993; Ord. 767 §§ 7—9, 1992; Ord. 720 § 1, 1990; Ord. 713 § 4, 1990; Ord. 628 § 4, 1987; Ord. 610 § 1, 1986; Ord. 512 § 4, 1982; Ord. 493 § 1 (part), 1981; Ord. 364 § 1 (part), 1977: prior code § 9404.1.)

(Ord. No. 1059, § 2, 10-13-2010; Ord. No. 1077, § 3, 6-12-2013; Ord. No. 1079, § 4(Exh. B), 9-25-2013; Ord. No. 1171, § 3F, 3-25-2020; Ord. No. 2008, § 4(Exh. A), 4-12-2023)

19.16.025 - Uses subject to conditional use permit.

The following uses may be permitted in the RPD zone if a conditional use permit is obtained in the manner provided by Chapter 19.62:

A.

Water supply, governed by the following provisions:

1.

The drilling and operation of water wells on lots which are principally used for agriculture and are forty acres or larger. The water produced shall be used only for the lot on which the well is located,

2.

The drilling and operation of water wells and distributions of water therefrom by any mutual water company to the persons and properties which it serves;

B.

Parking lots, as accessory uses, within one hundred fifty feet of the building, lot, parcel or site they are intended to serve. Publicly owned parking lot shall be excluded from the conditional use requirement;

C.

Temporary agricultural stands in accordance with Chapter 19.62;

E.

Roof-mounted satellite dish antennas, satellite dish antennas mounted in a side yard or at heights greater than fifteen feet in the RPD-5U or lesser zones with detached residential units. No conditional use permit may be issued for a roof-mounted satellite dish unless it meets the following criteria:

1.

The applicant must demonstrate that ground-mounting of the satellite dish antenna would result in the obstruction of the satellite antenna's reception window, and that such obstruction involves factors beyond his/her control,

2.

The height of the proposed satellite dish antenna shall not exceed the maximum height restriction imposed upon primary uses within the zone,

3.

The proposed satellite dish antenna must be compatible with neighboring uses and improvements and should be located away from public view as much as possible,

4.

The application shall include certification that the proposed installation is in conformance with applicable city building code regulations. Furthermore, the application must contain written documentation of such conformance, including load distributions within the building's support structure;

F.

Day care facilities for more children than allowed.

G.

Single-room occupancy (SRO) facilities subject to the following additional standards:

1.

One SRO facility per lot.

2.

Distance requirement of 500 feet between any other SRO facility.

3.

Minimum unit size: 300 square feet. Maximum unit size: 450 square feet for single occupancy.

4.

Maximum occupancy of two persons per unit (with minimum size of 350 square feet for two persons) and a maximum of 450 square feet.

Must include a kitchen and a bathroom in each unit.

6.

Must include on-site laundry facility adequate for a number of residents.

7.

Must comply with the Community Design Element.

8.

All requirements of the underlying RPD-30U Zone apply, including parking.

9.

An SRO facility must be part of a multifamily residential project; the units must be dispersed throughout the project, and the total number of SRO units may not exceed 50 percent of the total number of residential units in the project.

(Ord. 963 § 2 (part), 2003; Ord. 773 § 10, 1993; Ord. 634 § 6, 1987; Ord. 593 § 9, 1985; Ord. 590 § 9, 1985; Ord. 560 § 2 (part), 1984; Ord. 512 § 10 (part), 1982; Ord. 482 § 3, 1980; Ord. 444 § 6, 1979.)

(Ord. No. 1111, § 5, 11-11-2015)

19.16.030 - Uses permitted by residential planned development permit.

Residential planned development permits may be approved by the planning commission for the following uses and developers are encouraged to include innovative approaches in residential design which may include general departures from standard design principles, still provide adequate open space, separation of units, and allow for mix of unit types. In addition, projects which provide housing to senior citizens or to persons and families of very low or lower income may qualify for a density bonus or other incentive as provided for in Chapter 19.49:

A.

Apartments projects;

B.

Dwellings, two-family;

C.

Dwellings, multifamily, including but not limited to cluster, townhouse, condominium, community apartment or stock cooperative projects (which includes zero side yard residential subdivisions);

D.

Fire stations, public buildings, temporary detached facilities and other facilities of the federal, state, county and city agencies;

E.

Buildings containing a height greater than twenty-five feet;

F.

Churches;

G.

Commercial recreation centers consisting of either/or a combination of tennis, golf, swim clubs and including restaurants, pro shops open to the public or private designed as either a part of or as a separate usage in a residential area;

H.

Philanthropic or charitable institutions;

I.

Public utility buildings and structures;

J.

Rest, convalescent and nursing homes;

K.

Homes for the aged.

(Ord. 773 § 11, 1993; Ord. 770 § 2, 1992; Ord. 654 § 2, 1988; Ord. 491 § 2, 1981; Ord. 364 § 1 (part), 1977: prior code § 9404.2.)

19.16.035 - Modification of projects permitted by residential planned development permit.

Any project for which a residential planned development permit is required by this chapter shall not be changed as to physical characteristics, designated uses or form of ownership without approval by the planning commission, even though no such permit was required to be issued at the time of development. As used in this section, "change in form of ownership" means conversion of all or a portion of an apartment project to condominiums, community apartments, stock cooperatives or similar forms of ownership. Approval of any of the above changes shall be pursuant to provisions applicable to issuance of a residential planned development permit.

(Ord. 491 § 3, 1981.)

19.16.040 - Property development and performance standards.

The property development and performance standards set forth in Sections 19.16.050 through 19.16.240 shall apply to all lots and uses in the RPD zone, except where modified by the RPD permit, and all development of RPD-4 or less which shall be in accordance with the R-1 zone standards.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3 (part).)

For all development above RPD-4, the actual lot and site area shall be determined by the planning commission under the planned development permit.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(A).)

All developments involving greater than RPD-4 density shall be reviewed by the commission and approved under the RPD permit.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(B).)

A.

The general density in the RPD zone shall be in accordance with the subzone suffix which shall indicate the maximum number of dwelling units per acre, followed by the letter "U." The subzones for the RPD zone may be any number between RPD-1U and RPD-30U. The RPD without a suffix subzone number may be approved under a planned development permit by the planning commission up to a maximum of thirty units per acre in accordance with the general plan designation.

The planning commission may grant an increase in the maximum residential density otherwise allowable under the provisions of this title to projects which provide housing for senior residents or families of very low or lower income as provided for in Chapter 19.49.

B.

Change of Designation of Subzone. The change of designation of subzone may only be altered or modified in accordance with the procedures set forth for zone changes.

(Ord. 770 § 3, 1992; Ord. 654 § 3, 1988; Ord. 364 § 1 (part), 1977: prior code § 9404.3(C).)

19.16.080 - Minimum yard requirements.

A.

Front Yard. When a unit fronts on a public right-of-way, the minimum setback shall be no less than twenty feet from the existing or proposed right-of-way line except if approved under an RPD permit for an alternate setback which shall provide adequate separation.

B.

Side Yard.

1.

A one-story dwelling shall have a minimum side yard from the street side of ten feet with the interior side yard being not less than five feet unless approved under an RPD permit for an alternate setback which shall be determined to provide adequate separation.

2.

Two-story dwellings shall have a minimum side yard of ten feet, or if included under a cluster project an alternate setback may be approved which shall be determined to provide adequate separation between units.

C.

Rear Yards. The rear yard shall not be less than twenty feet in depth with a grade not to exceed three percent except if included in a project where common open space is provided, the minimum building separation of subsection D of this section shall be met.

D.

Distance between buildings shall be as follows except where modified by the RPD permit:

1.

The minimum distance between adjoining buildings developed or proposed within a cluster project when arranged front-to-front, front-to-rear or rear-to-rear shall not be less than forty feet.

2.

The minimum distance between buildings for side to front or side to rear shall be thirty feet.

3.

Buildings placed side-to-side shall have a minimum separation of twenty feet.

4.

The minimum distance between the accessory building and any other building shall be ten feet unless it is an integral part of the main building.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(D).)

A maximum of twenty-five feet unless a greater height is approved under an RPD permit.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(E).)

A maximum building coverage for a residential planned development permit for a RPD-4 or less shall be forty percent. All developments greater than RPD-4 shall not exceed fifty percent wherein recreation buildings may be excluded from coverage measurements.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(F).)

A.

Common usable open space includes areas planned within residential development projects which are to be used for scenic landscaping or recreational purposes by all the residents of the project.

B.

Common usable open space does not include land occupied by streets, driveways, parking areas, service areas, or required front or street side yards; provided, however, that land occupied by recreational structures and facilities may be counted as common usable open space and in accordance with the following standards:

1.

The minimum common usable open space required for each dwelling unit shall be as follows:

a.

One hundred and twenty-five square feet for each efficiency unit;

b.

Two hundred fifty square feet per bedroom for each dwelling unit having two or less bedrooms;

c.

Five hundred square feet for each bedroom for each dwelling unit having three or more bedrooms.

2.

At least fifty percent of the required common usable open space shall be contained in one or not more than three common areas and a rectangle described within it shall be determined by the commission as reasonable and usable. The required common usable open space may be distributed throughout the project and need not be in one large area provided that required common usable open space shall have an area six hundred twenty-five square feet and a rectangle described within it shall have a minimum dimension of not less than twenty-five feet.

3.

All required common usable open space shall be suitably improved for its intended purpose and all lawn and landscaping areas shall be provided with a permanent watering system adequate to maintain such areas. Natural features of the site worthy of preservation as described by the planning commission may be

retained in their natural state and need not be formally improved but shall be maintained to the extent that certain improvement features such as irrigation lines and additional plant materials may be added to insure the lasting retention of the natural feature being preserved.

4.

In recognition of the fact that greater densities authorized under the terms of this chapter can be approved for housing developments it is essential that the open space provided in lieu of individual setback yards and the like be in the form of flat usable land rather than in steep unusable slopes. Therefore, depending upon the nature and concept of the project, fifty percent to one hundred percent of the required common usable open space shall be situated on slopes not to exceed five percent. The planning commission may make the determination based upon the individual application and development program.

5.

If individual dwelling units in the development are to be sold, open space may be required on each individual lot in accordance with the planned development permit. If common area is provided, the usable open space shall remain in common ownership and remain available for all units within the project.

(Ord. 364 § 1, (part), 1977: prior code § 9404.3(G).)

Development design of private usable open space to serve individual units where no common area is provided shall have open space for each unit having no dimension less than ten feet on ground level or eight feet above ground level.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(H).)

Off-street parking shall be as set forth in the parking provisions of this title (Chapter 19.44); however, in no case shall required parking be provided in the front yard setback area, and there shall be adequate space for the parking of recreational vehicles in the side yard area or within the project as approved by the commission.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(I).)

19.16.140 - Fences and walls.

A.

A fence or wall not to exceed six feet in height may be required to be located and maintained along the side or rear lot lines provided such fence or wall does not extend into the required front yard or into the side yard along the street side of a reverse corner lot, in which case such fence or wall shall be limited to three feet in height.

B.

No fence or hedge shall exceed three feet in height in any required cutoff area described in this chapter.

C.

Notwithstanding the provisions of subsection A of this section, the director of planning and community development may approve an increase in the height of a wall or fence of up to eight feet on that side of any parcel in this zone adjoining a primary arterial or eight feet on that side of any parcel in this zone adjoining a secondary arterial; provided, that the director finds that the wall and the landscaping surrounding the wall will be:

1.

Compatible with surrounding land uses;

2.

Consistent with the city's general plan;

3.

In compliance with all city ordinances and policies; and

4.

Consistent with and not detrimental to the public health, safety or welfare.

The director may impose conditions on approval of the increased height in order to meet these criteria, or as otherwise necessary to assure compliance with the intent and purpose of this title.

(Ord. 594 § 4, 1985: Ord. 364 § 1 (part), 1977: prior code § 9404.3(J).)

All utilities shall be placed underground in accordance with the provisions of the Camarillo Municipal Code.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(K).)

A.

Subdivision Sale Sign.

1.

Number. Each subdivision is permitted one subdivision sale sign.

2.

Area. A subdivision sale sign may not exceed 32 square feet in area per face.

3.

Height. A subdivision sale sign may not exceed 12 feet in height.

Lighting. A Subdivision sale sign may not be illuminated.

5.

Time Limits. A subdivision sale sign must be removed after it has been erected for two years or when all of the subdivision residential lots have been sold, whichever occurs first. This time limit may be extended by the Director.

6.

Location. The subdivision sale sign must be immediately adjacent to the residential lots offered for sale. The precise location of the sign must be approved by the Director.

B.

Subdivision Identification Sign.

1.

Number. A subdivision identification sign is permitted at any direct entrance (not to exceed two) from a limited access road that borders the development. The sign may be either a monument sign or a wall sign.

2.

Area. Subdivision identification signs may not exceed twenty-five square feet in area per face.

3.

Height. If a monument sign is used, the height may not exceed eight feet.

4.

Lighting. Subdivision identification signs may not be illuminated, unless the maintenance is assumed by a property owners' association as part of the recorded conditions, covenant and restrictions for the project.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(L).)

(Ord. No. 1122, § 4, 3-23-2016)

19.16.170 - Accessory buildings and structures.

A.

Accessory buildings and structures placed in the RPD or lesser zones shall comply with the R-1 zone standards.

B.

Patio Covers for Cluster Residential Unit. A covered unenclosed patio may project to within two feet of the side property line with the supporting poles also to within two feet of the side property line unless a common open space is provided in which case a zero setback may be approved.

C.

Covered Patio, Rear Yard. A covered patio attached or unattached which is enclosed on not more than three sides may extend into the required rear yard provided the distance between the rear property line and the nearest point of the patio is not less than ten feet unless a common open space is provided in which case a zero setback may be approved.

D.

Satellite Dish Antenna. A satellite dish antenna placed in the RPD-5U or lesser zones with detached residential units shall be in accordance with the R-1 zone standards. Attached or detached units in the RPD-6 or greater RPD zones may be permitted either a central satellite dish antenna system with an RPD permit or other satellite dish system in accordance with an RPD permit and approval from any applicable homeowners association.

E.

An antenna system placed in the RPD-4U or RPD-5U or lesser zones with detached residential units shall be in accordance with the R-1 zone standards.

(Ord. 963 § 16, 2003; Ord. 962 § 16, 2003; Ord. 858 § 8, 1996; Ord. 730 § 4, 1990; Ord. 593 § 10, 1985; Ord. 590 § 10, 1985; Ord. 364 § 1 (part), 1977: prior code § 9404.3(M).)

19.16.175 - Accessory dwelling units.

Accessory dwelling units are permitted subject to the procedures and regulations in Chapter 19.56 (Accessory Dwelling Units).

(Ord. 963 § 17, 2003: Ord. 962 § 17, 2003)

(Ord. No. 1119, § 5, 1-27-2016; Ord. No. 1140, § 4, 4-12-2017; Ord. No. 1139, § 4, 4-26-2017)

No mechanical equipment consisting of ventilation, air conditioning equipment and servicing equipment for swimming pools shall be placed in the side yard or front yard area.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(O).)

Landscaping and other ground space treatment shall be provided on all areas not used for buildings, parking, roadways, pathways or recreational facilities. Existing natural landscaping elements should be retained where possible and integrated into the landscape plan. The landscaping area shall be maintained in an orderly, healthy manner or replaced. Landscaping shall be considered actual planting areas of lawn,

trees, planter boxes, shrubs, groundcover or other plant material. Such landscaping shall be provided in accordance with the following standards:

A.

The entire required setback area shall be landscaped with the exception of vehicle accessways and other areas designated for recreational purposes.

B.

Landscaping shall consist of a combination of trees, shrubs, groundcover with careful consideration given to the eventual size and spread, susceptibility to disease and pests, durability and adaptability to disease and pests, durability and adaptability to existing soil and climatic conditions. Fountains, ponds, sculpture and decorative screen walls as an integral part of the landscaping scheme are permitted.

C.

Landscape Plan. A plan at a minimum scale of one inch equals thirty feet shall be submitted and approved by the planning director.

1.

The planning director or the applicant may request the planning commission to review any landscaping plan or fence plan as provided for under Section 19.16.300, even though not required by this section, and in such event the decision of the planning commission replaces that of the planning director.

2.

The approval provided for herein may be conditioned so as to insure compliance with the purpose and provisions of this part with the plan including the following:

a.

The dimension and square footage of each planting area;

b.

The total square footage and percentage of the developed site devoted to landscaping;

c.

The identification of each plant with common and botanical name at the planting area; the number of each and their container size;

d.

Permanent watering system including pipe sizes and type and size of all sprinkler heads as well as water requirements for the system to determine meter size;

e.

Specification sheet indicating soil preparation maintenance program for continual maintenance of the landscaping area and any type of guarantee associated with the installation of the landscaping.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(P).)

Refuse and recycling enclosures shall be provided in accordance with the enclosure provisions of Chapter 19.50 and the following standards:

A.

All outdoor refuse and recycling storage areas shall be easily accessible and enclosed on all sides by a minimum six-foot high decorative brick, concrete block or masonry wall. The opening of such storage area shall be screened by a solid gate of durable wood, metal, or comparable material.

B.

The number and general placement of the enclosures shall be contained in the RPD permit and approved by the planning commission.

(Ord. 791 § 2, 1993: Ord. 364 § 1 (part), 1977: prior code § 9404.3(Q).)

Exterior lighting is permitted subject to the procedures and regulations in Chapter 19.47 of this code.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(R).)

(Ord. No. 2004, § 5, 1-11-2023)

All mechanical equipment or electrical equipment shall be completely screened behind a permanent structure and all rooftop mechanical equipment placed behind a permanent parapet wall or be completely restricted from all view at ground level.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(S).)

Private streets and/or driveways provided within the project shall be subject to the approval of the planned development permit and in accordance with the following standards:

For private streets, the minimum street width shall be as follows:

A.

Twenty-six feet curb-to-curb (when parking is provided off street);

B.

Thirty-two feet curb-to-curb (parallel parking on one side);

C.

Thirty-six feet curb-to-curb in single-family developments (parallel parking on both sides);

D.

Forty feet curb-to-curb in multiple residential developments (parallel parking on both sides).

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(T).)

Adequate ramps and equipment to be provided to accommodate the use of the facilities by the handicapped shall include but not be limited to access ramps, restrooms, drinking fountains, etc.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(U).)

The applicant shall submit to the planning commission an application for a residential planned development permit together with a list of all property owners taken from the last equalized rolls within a three hundredfoot radius of the property and other such information shown on the application form. Residential projects which do not require a public hearing need not provide the ownership list of property owners.

(Ord. 364 § 1 (part), 1977: prior code § 9404.4 (A).)

Applications for an RPD permit shall be filed with the planning department in the form set forth showing all property lines, computations for open space, number of units in various categories, existing and proposed building locations, elevations, parking areas, vehicular access facilities, outdoor storage areas, recreation areas, open space areas, walls, landscaped areas and planting screens, all adequately dimensioned, must be submitted to the planning commission to determine compliance with the provisions of this zone. General elevations or perspective drawings of all proposed buildings, walls and structures, and samples of colors and materials shall be included. The plot plan shall show the topography of the lot, abutting streets, highways and freeways, topographic features located within one hundred feet of all lot lines and any additional data which may be required by the commission to determine compliance with the provisions of this zone.

(Ord. 364 § 1 (part), 1977: prior code § 9404.4(B).)

Each development permit shall include the submittal of a construction sequence for the land covered by the permit showing the order in which particular structures will be constructed and upon approval of the sequence, the applicant shall not deviate without written approval by the planning director. At no time shall there be more than an average of the allowable units per acre constructed or under construction on the portion of the land which has been developed or is under development.

(Ord. 364 § 1 (part), 1977: prior code § 9404.4(C).)

19.16.280 - Planned development permit—Meeting with development advisory committee.

Prior to consideration of the plot plan by the planning commission, a development advisory committee meeting will be held, with notice being given to the applicant wherein the staff recommendation will be reviewed. The applicant will also receive a notice of the planning commission meeting including staff recommendation.

(Ord. 364 § 1 (part), 1977: prior code § 9404.4(D).)

19.16.290 - Planned development permit—Public hearing.

A.

When a completed application for a RPD permit, together with required data, is accepted by the planning department, a public hearing before the planning commission will be set following the development advisory committee meeting and compliance with the California Environmental Quality Act.

B.

Notice of the public hearing will be provided in accordance with Chapter 19.84.

C.

At the public hearing, the planning commission will consider all aspects of the RPD permit requested as provided for under this code. In addition, the planning commission will consider the necessary findings under Section 19.16.300.

(Ord. 364 § 1 (part), 1977: prior code § 9404.4(E).)

(Ord. No. 1153, § 4(G), 5-25-2018)

19.16.300 - Planned development permit—Planning commission consideration.

The planning commission and/or city council in considering a request for a residential planned

development permit shall consider and determine that the following can be made or that the project may be conditioned to insure consistency with the required finding prior to approval of the request:

A.

The project will not be injurious or detrimental to the public health, safety and welfare;

B.

The project has been designed to be compatible with the various uses and zones within the area it is proposed to be located;

C.

The developer has demonstrated that his project includes various amenities to meet the general intent of the ordinance by taking advantage of modern site planning techniques;

D.

The project is necessary to make reasonable use of the property;

E.

The permit includes conditions which in the opinion of the commission and/or city council are imposed to insure compatibility and/or to mitigate any adverse conditions involved with the use or intensity of development, both public and private;

F.

The project will provide an environment of stable, desirable character with adequate open space, light, air, pedestrian and vehicular circulation.

(Ord. 364 § 1 (part), 1977: prior code § 9404.4(F).)

19.16.310 - Planned development permit—Planning commission action.

A.

The planning commission in considering an application for a residential planned development may approve, disapprove or conditionally approve an application therefor. The planning commission decision shall be effective as described in subdivision A of Section 19.16.320.

B.

Upon obtaining approval, the applicant has twelve months in which to initiate the construction. During the period of construction, the project must be diligently pursued. If, for some reason, the applicant is unable to proceed with construction during the twelve months following the date of approval by the commission and if an extension is not requested, then the permit shall automatically expire. If there have been no changes in the proposed plot plan or adjacent areas, the planning director may grant additional twelve-month extensions to allow for the initiation of construction. The action by the planning director in approval or denial of a time extension may be appealed to the planning commission.

(Ord. 856 § 2, 1996: Ord. 364 § 1 (part), 1977: prior code § 9404.4 (G).)

19.16.320 - Planning commission decisions—Appeals—Council review.

A.

Effective Date of Planning Commission Decision. Decisions of the planning commission approving, denying or conditionally approving an application for a residential planned development permit shall be final and conclusive on the tenth consecutive calendar day following the date of the planning commission's decision, unless an effective timely and complete appeal is filed or a city council review is ordered as provided in this section.

B.

Form of Appeal. Except as provided in subsection D of this section, an appeal from a decision of the planning commission relating to a planned development permit shall not be valid or effective for any purpose unless it meets all of the following requirements:

1.

Each such appeal shall be in writing on a form provided by the director of planning and community development of the city ("director"), and shall identify the planning commission's action to which the appeal relates; and

2.

Each such appeal shall be filed with the director prior to the planning commission decision to which the appeal relates becoming final, as provided in subsection A of this section; and

3.

Each such appeal shall be accompanied by a processing fee in an amount set by the city council; and

4.

Each such appeal is filed by or on behalf of any of the following:

a.

The owner of any real property located within the city, or

b.

A person who lawfully occupies or is entitled to lawfully occupy any real property which is located within three hundred feet of the lot lines of the lot or lots which are the subject of the planned development permit, or

c.

Any interested person.

C.

Effectiveness of an Appeal. No appeal shall be deemed complete nor effective for any purpose unless it complies with all of the provisions of this section.

D.

Review by City Council. Notwithstanding any other provisions of this section to the contrary, the city council, by majority vote of its total membership and at any time before a planning commission decision becomes final pursuant to subsection A of this section, may issue an order to review, de novo, a planning commission decision relating to a planned development permit ("order of review").

E.

Stay of Proceedings. The timely filing of an effective appeal or the timely adoption by the city council of an order of review shall stay the decision of the planning commission to which the appeal or order of review relates, pending the city council action on the matter.

F.

Action of City Clerk. Upon the timely filing of an effective appeal or the adoption of a timely order of review, the city clerk will:

1.

Set the matter for hearing at the next most convenient meeting of the city council; and

2.

Give written mailed notice of the time and place of the hearing to the appellant, the applicant, and such other persons and entities in accordance with Section 19.84.030 of this code.

G.

Action by the City Council. At the time and place of the hearing on an appeal or an order of review, the city council shall conduct a de novo hearing on the matter, at which time all interested persons shall be allowed to present relevant reliable evidence to the city council. The technical rules of evidence applicable to judicial proceedings need not be observed, provided that the matter is resolved by the city council based upon reliable relevant evidence. The applicant shall have the burden of proof to show the existence of the facts which warrant the granting of the planned development permit.

H.

City Council Decision. The city clerk shall give written notice of the city council's decision to the appellant, the applicant and any other interested person who requests such notice. The city council's determination shall be final and conclusive subject only to judicial review.

(Ord. 856 § 3, 1996: Ord. 364 § 1 (part), 1977: prior code § 9404.4(H).)

(Ord. No. 1153, § 4(H), 5-25-2018)

A.

A certificate of occupancy shall be applied for any use of land or new buildings permitted in Section 19.16.020.

B.

The building department may issue the certificate after planning commission approval and completion of the new buildings.

C.

A change in the use in an existing building may be approved by the planning director.

(Ord. 364 § 1 (part), 1977: prior code § 9404.5.)

Editor's note— Ord. No. 2019, § 4(Exh. A), adopted April 24, 2024, repealed § 19.16.340, which pertained to plan review process and derived from Ord. 962 § 18, 2003; Ord. 963 § 18, 2003; Ord. No. 1174, § 4D, 6- 10-2020.

Editor's note— Ord. No. 1174, § 4A, adopted June 10, 2020, repealed § considerations, which pertained to X and derived from Ord. 962 § 19, 2003: Ord. 963 § 19, 2003.

Editor's note— Ord. No. 1174, § 4A, adopted June 10, 2020, repealed § X, which pertained to appeal to planning commission and derived from Ord. 962 § 20, 2003: Ord. 963 § 20, 2003.

Chapter 19.18 - MHPD MOBILEHOME PARK DEVELOPMENT ZONE

In order to assure a minimum of congestion of persons and property, good traffic flow, appropriate private and public open space and recreation areas, and protect the public safety, health and welfare, it is necessary to set forth specific development standards and conditions under which mobilehome parks and subdivisions may be permitted.

The design of mobilehome parks is to be guided by the standards of this chapter and it is intended to create a variety of unit siting and interesting street patterns. Mobilehomes should be placed utilizing the latest in siting techniques including variable front setbacks, various parking arrangements and unique open space to take advantage of the natural terrain and setting while affording individual privacy.

(Ord. 474 § 4 (part), 1980: Ord. 274 § 1 (part), 1974.)

In the MHPD zone, the following uses are permitted in accordance with the property development and performance standards set forth in Chapter 19.14, R-1 Zone:

A.

Agriculture and accessory uses, but no poultry or animals may be raised or kept except as are otherwise permitted by Chapter 19.14. A dwelling may be used only as a residence for agricultural workers employed on the farm where the dwelling is located;

B.

Dwelling, one-family conventional detached unit per parcel subject to R-1 zone setbacks, including employee housing accommodations for six or fewer employees;

C.

Temporary storage: while any building project is under construction or sixty days thereafter, the property and the project may be used for the storage of materials used in the construction of the individual buildings in the project and for the contractor's temporary office which may be placed on the adjoining property with the approval of the property owner;

D.

Public schools;

E.

Public parks, playgrounds and community centers owned by a public agency;

F.

Governmental facilities, including fire stations, excluding detention facilities;

G.

Cottage food operations as set forth in Chapter 19.74.

(Ord. 512 § 5, 1982; Ord. 474 § 4 (part), 1980: Ord. 274 § 1 (part), 1974.)

(Ord. No. 1079, § 4(Exh. B), 9-25-2013; Ord. No. 2008, § 4(Exh. A), 4-12-2023)

The following uses may be permitted in MHPD zone if a conditional use permit is obtained in the manner provided in Chapter 19.62 and such use conforms to every term and condition of the permit. A permit for any of these uses may be granted if the applicant produces sufficient proof that the use will not be injurious or detrimental to the public health, safety or welfare, or the property in the vicinity or zone in which the use will be situated, or that such effects will be prevented with the imposition of conditions, and that the requirements of Chapter 19.62 are satisfied:

A.

Mobilehome parks with notice pursuant to Health and Safety Code Section 18300.1;

B.

Mobilehome subdivisions;

C.

Natural resources, development of, including necessary structures and appurtenances. Development of water resources shall be limited to the following:

The drilling and operation of water wells on lots which are principally used for agriculture and are forty acres or larger. The water produced shall be used only for the lot on which the well is located,

2.

The drilling and operation of water wells and distribution of water therefrom by any mutual water company to the persons and properties which it serves;

D.

Churches;

E.

Public utility buildings and structures;

F.

Golf courses (excluding miniature), tennis clubs, swim clubs, including clubhouses and accessory restaurants;

G.

Temporary agricultural stands in accordance with Chapter 19.62.

(Ord. 512 § 10 (part), 1982; Ord. 474 § 4 (part), 1980: Ord. 274 § 1 (part), 1974.)

This chapter contains the minimum standards for location and development of mobilehome parks. These standards apply to mobilehome subdivisions, except where a contrary intent is expressed; and, where applicable, to modular homes situated within mobilehome parks and mobilehome subdivisions. They are in addition to the requirements of state law which govern mobilehomes.

(Ord. 474 § 4 (part), 1980: Ord. 274 § 1 (part), 1974.)

A.

Consideration shall be given to whether the proposed location of a mobilehome park will be an asset to the city, will contribute to the well-being of the community in general, will lend itself to the overall design of the general area, will comply with applicable governmental regulations and will be consistent with the general plan.

B.

Mobilehome parks may be located adjacent to a primary street but no part of any mobilehome park shall be closer than two hundred feet to any freeway frontage road or any freeway right-of-way line.

C.

Consideration shall be given to proximity to parks, churches, shopping facilities and other residential support facilities.

(Ord. 474 § 4 (part), 1980.)

All improvements placed in the park whether on individual sites or in common areas shall be made and provided in accordance with applicable city standards, specifications, and conditions.

(Ord. 474 § 4 (part), 1980.)

A mobilehome park shall have a usable area of not less than ten acres and a length and width of not less than one hundred fifty feet. The length and width requirements may be increased or modified by the planning commission in keeping with good planning practices and the natural topography of the area, as deemed appropriate and desirable.

(Ord. 474 § 4 (part), 1980).

The maximum density for a mobilehome park shall be seven units per net acre.

(Ord. 474 § 4 (part), 1980.)

The minimum lot size within a mobilehome park shall be four thousand square feet (excluding private streets, guest parking, recreational areas, etc.). The average lot size within a mobilehome park shall be four thousand three hundred square feet.

(Ord. 474 § 4 (part), 1980.)

Minimum lot depth shall be eighty feet or greater, as established by the planning commission.

(Ord. 474 § 4 (part), 1980.)

A.

Mobilehome pads shall be prepared and mobilehomes sited in one of the following ways:

By excavating and lowering the mobilehome onto the pad so that the height of the mobilehome floor is no greater than one foot above the surrounding finished grade and subsequently skirting it entirely with masonry blocks or concrete; or

2.

By grading the pad so that at least fifty percent of the perimeter of the mobilehome abuts an earthen berm or concrete slab no more than six inches below the finished grade of floor of the mobilehome when installed and the remainder of the perimeter is skirted with masonry block or concrete.

B.

A concrete patio area two hundred square feet minimum or porch structure shall be provided on each individual mobilehome lot adjacent to the entrance to the mobilehome.

(Ord. 474 § 4 (part), 1980.)

A.

Each mobilehome lot shall have access directly to a private or public street.

B.

A concrete walkway extending from the private or public street to the mobilehome entrance shall be provided on each mobilehome lot.

(Ord. 474 § 4 (part), 1980.)

Minimum lot width shall be fifty feet or greater, as established by the planning commission.

(Ord. 474 § 4 (part), 1980.)

19.18.110 - Minimum yard requirements, lot standards, and unit design standards.

A.

There shall be no more than one mobilehome per lot.

B.

No mobilehome shall be located closer than twenty feet to a mobilehome park property line adjacent to a public right-of-way.

C.

No mobilehome shall be located closer than fifteen feet to a mobilehome park property line other than a property line adjacent to a public right-of-way.

D.

No mobilehome shall be located closer than twenty feet to any recreation or community building, or closer than fifteen feet to any laundry, service, or other permanent building.

E.

The maximum lot coverage for individual mobilehome lots shall be seventy-five percent.

F.

No mobilehome, carport, awning or covered patio may be located closer than ten feet to any front or side street. A variable front setback shall be used in park design and shall be shown on the setback site plan to be approved by the planning commission.

G.

No mobilehome, carport, garage, awning, covered patio, cabana or accessory building shall be closer than five feet to a side or rear lot line, nor within ten feet of any other mobilehome.

H.

All exterior metal used on the carports and porches must blend harmoniously with coach. The design shall be consistent with park design standards, color and style. Carports and patios must be coordinated with the coach. Wrought iron railings, wood posts and wood beams are acceptable.

I.

The exterior colors of all mobilehomes shall be in earth tones (browns, beiges, dark greens and grays) and exterior materials shall be wood, masonite, stucco, masonry or aluminum siding which simulates wood, stucco or masonry. Vertical metal skirting shall not be used. Mobilehome roofs and carport and patio roofs shall be wood shingle, composition shingle or sprayed monolithic material of a brown or spanish tile color.

J.

All mobilehomes shall have ridged roofs.

(Ord. 474 § 4 (part), 1980.)

A.

On-site parking spaces for a minimum of two cars shall be provided on each mobilehome lot. Such spaces may be in tandem (ten feet by forty feet) or side by side (twenty feet by twenty feet). They shall be surfaced with concrete. There shall be no utility equipment, posts or trash containers within this area. The use of side by side parking within garages is encouraged (twenty feet by twenty feet interior dimensions).

B.

Off-street parking for guests shall be on the basis of one parking space for each five mobilehome lots or greater number as determined necessary by the planning commission. Such spaces shall be distributed throughout the park. They may be surfaced with concrete or asphaltic concrete.

C.

Off-street parking on the basis of one parking space for each three hundred square feet of gross floorspace in the recreational, all purpose, laundry, or community building shall be provided. Such spaces shall be located adjacent to the facility or within a one-hundred-foot radius of the facility.

D.

Recreation vehicle parking shall be provided on the basis of one space for five lots or greater if a need exists, as determined by the planning commission. Such parking shall be within areas paved with asphaltic concrete enclosed with six-foot high masonry or block walls with solid view obscuring gates and appropriate landscaping or other screening approved by the planning commission.

(Ord. 474 § 4 (part), 1980.)

A.

The mobilehome park shall be surrounded with a six-foot high solid block wall, fence or screening approved by the planning commission. The wall requirement may be waived or modified by the planning commission with consideration given for natural topographical features, open space, golf courses or other factors which make the wall impractical.

B.

There shall be no fence or wall over three feet in height and no other visual obstruction within corner cutback areas of all corner lots.

C.

The wall, fence, or screening adjacent to any public street frontage shall be decorative in nature, of a design approved by the planning commission, and shall be set back a minimum of fifteen feet from the right-of-way lane. The resulting fifteen foot area shall be landscaped.

D.

A maximum three-foot-high fence may be permitted along side and rear lot lines.

E.

No fence or wall shall be permitted within the front yard setback.

F.

Notwithstanding the provisions of subsections A and D of this section, director of planning and community development may approve an increase in the height of a wall or fence of up to eight feet on that side of any parcel in this zone adjoining a primary arterial or eight feet on that side of any parcel in this zone adjoining a secondary arterial; provided, that the director finds that the wall and the landscaping surrounding the wall will be:

1.

Compatible with surrounding land uses;

2.

Consistent with the city's general plan;

3.

In compliance with all city ordinances and policies; and

4.

Consistent with and not detrimental to the public health, safety and welfare.

The director may impose conditions on approval of the increased height in order to meet these criteria, or as otherwise necessary to assure compliance with the intent and purpose of this title.

(Ord. 594 § 5, 1985: Ord. 474 § 4 (part), 1980.)

All buildings shall be limited to a height of twenty-five feet. Greater heights may be permitted as part of the granting of the conditional use permit.

(Ord. 474 § 4 (part), 1980.)

A.

All utilities within the mobilehome park shall be placed underground in accordance with the Underground Utilities Ordinance, Chapter 13.08.

B.

Water and sanitary sewer utilities and their appurtenances shall be installed in conformance with the current operations and design manuals of the city and the Camarillo sanitary district.

(Ord. 474 § 4 (part), 1980.)

19.18.160 - Signs.

A.

Signs may be erected in accordance with Title 17.

B.

A lighted directory sign and map within the park and visible from the park entrance identifying unit locations shall be installed.

(Ord. 474 § 4 (part), 1980.)

19.18.170 - Accessory buildings.

A.

Recreation, laundry, equipment maintenance buildings shall be located in accordance with the plot plan approved by the planning commission.

B.

There shall be no more than two storage cabinets per lot and they shall be of the same material and color as the mobilehome or of a consistent design theme approved by the planning director. The storage cabinets shall not exceed a total of one hundred square feet and shall not be habitable.

(Ord. 474 § 4 (part), 1980.)

19.18.180 - Carports and garages.

A.

A carport shall be at least fifty percent open on at least two sides or on one side and one end. If a storage cabinet is located at one end of the carport, this counts as fifty percent of the enclosed area. A cabinet shall not be placed so that it will obstruct doors or windows.

B.

Garages may be attached to mobilehomes subject to meeting building, fire and state codes. Garages shall meet all setback requirements.

(Ord. 474 § 4 (part), 1980.)

Landscaping treatment shall be provided on all areas not used for buildings, parking, roadways, pathways or recreational facilities. Existing natural landscaping elements should be retained where possible and integrated into the landscape plan. The landscaping area shall be maintained in a orderly, healthy manner or replaced. Landscaping shall be considered actual planting areas of lawn, trees, planter boxes, shrubs, groundcover or other decorative material as approved by the planning director. Landscaping on individual lots may be done and be maintained by the tenant or property owner. Landscaping shall consist of a combination of trees, shrubs, groundcover with careful consideration given to the eventual size and spread, susceptibility to disease and pests, durability and adaptability to disease, pests, existing soil and climatic

conditions. Fountains, ponds, sculpture and decorative screen walls as an integral part of the landscaping scheme are permitted. Landscaping requirements are as follows:

A.

The fifteen-foot area between public right-of-way and the perimeter mobilehome park wall shall be landscaped.

B.

A five-foot wide landscape area shall be provided for inside the six-foot high wall adjacent to all mobilehome park property lines.

C.

Trees shall be planted in landscape areas adjacent to exterior mobilehome park property lines so as to provide a pleasant environment through the provision of color and texture and to prevent a bleak appearance of the visual horizon of the park exterior.

D.

As a condition of the granting of a conditional use permit, the mobilehome park owner shall file written permission for the city to enter the premises for the purpose of abating any landscape conditions which the city considers to be blighted. Any costs incurred by the city in correcting such conditions shall be charged to the mobilehome park owner, and, if the city does not receive payment therefor within ten days from the billing date, shall become a lien upon the property, subject to collection on the tax roll.

E.

All required landscape areas shall be equipped with subsurface automatically controlled sprinkler system to insure ease of maintenance.

F.

There shall be at least one street tree planted for each lot.

G.

Detailed landscaping plans shall be submitted in triplicate to the planning department to be approved prior to the issuance of permits of any type. The plans shall be prepared as follows:

1.

The plans shall be at a minimum scale of one inch equals thirty feet;

2.

The identification of each plant with common and botanical name at the planting area; the number of each and their container size;

Permanent watering system including pipe sizes and type and size of all sprinkler heads as well as water requirements for the system;

4.

Specification sheet indicating soil preparation, maintenance program for continual maintenance of the landscaping area and any type of guarantee associated with the installation of the landscaping.

H.

Common areas within the boundaries of the mobilehome park surrounding the recreation facility, and other common areas, shall be landscaped and shall be maintained by the mobilehome park owner or association.

(Ord. 474 § 4 (part), 1980.)

Refuse and recycling enclosures shall be provided in accordance with the enclosure provisions of Chapter 19.50 and the following standards:

A.

When an outdoor refuse and recycling storage area is provided, it shall be easily accessible and enclosed on all sides by a minimum six-foot high decorative brick, concrete block or masonry wall. The opening of the storage area shall be screened by a solid gate of durable wood, metal, or comparable material.

B.

The number and general placement of the enclosures shall be as set forth in the MHPD permit and approved by the planning commission.

(Ord. 791 § 3, 1993: Ord. 474 § 4 (part), 1980.)

There shall be a connected pedestrian walkway system within the mobilehome park providing access to the units, recreation areas, and open space. The walks shall be a minimum of four feet in width and in concrete material.

(Ord. 474 § 4 (part), 1980.)

19.18.210 - Lighting.

A.

All private streets and walkways within the mobilehome park shall be provided with lighting standards spaced at intervals to insure adequate lighting of the park, type of standards to be approved in conjunction with the conditional use permit.

B.

The city street lighting policy shall apply. The developer shall annex to the proper districts. The developer shall furnish to the city engineer a metes and bounds legal description and an exhibit map of the development boundaries and annexation agreement.

C.

Exterior lighting is permitted subject to the procedures and regulations in Chapter 19.47 of this code.

(Ord. 474 § 4 (part), 1980.)

(Ord. No. 2004, § 6, 1-11-2023)

No air conditioning or mechanical equipment shall be placed on roofs. Equipment shall be placed to minimize noise interference with adjoining lots and shall be screened with a solid fence equal to the height of the equipment.

(Ord. 474 § 4 (part), 1980.)

A.

Private streets shall be improved according to specifications of the city engineer. Rolled concrete curbs may be used. Streets shall be graded and constructed to provide adequate drainage facilities. The layout or design of such streets shall provide ample area for movement and turnaround of vehicles, emergency vehicles and mobilehomes. Public streets must meet city standards.

B.

Private streets and/or driveways provided within the project shall be in accordance with the following standards:

1.

Twenty-six feet curb-to-curb (when parking is provided off street);

2.

Thirty-two feet curb-to-curb (parallel parking on both sides);

3.

Forty feet curb-to-curb (parallel parking on both sides).

(Ord. 474 § 4 (part), 1980.)

19.18.240 - Ramping and equipment for handicapped.

Adequate ramps and equipment to be provided to accommodate the use of the facilities by the handicapped shall include but not be limited to access ramps, restrooms, and drinking fountains.

(Ord. 474 § 4 (part), 1980.)

A minimum of two hundred fifty square feet of area per mobilehome lot shall be devoted to common recreational facilities.

(Ord. 474 § 4 (part), 1980.)

If clothes drying yards are to be provided, they shall be completely screened from view from the exterior of the mobilehome park in a manner approved by the planning director.

(Ord. 474 § 4 (part), 1980.)

A central radio and television antenna system shall be provided, with underground wiring to individual lots and service building.

(Ord. 474 § 4 (part), 1980.)

A.

Home occupations and commercial uses shall not be permitted in any mobile home park.

B.

Coin-operated devices or appurtenances to provide services to those within the mobilehome park may be provided.

C.

Model home displays and sales offices may be used on a temporary basis during initial sales of units or lots in the park subject to posting of appropriate bonds and agreements and zone clearance approval.

D.

A park manager's or association office may be established within a community recreation building.

(Ord. 474 § 4 part), 1980.)

19.18.290 - Household pets and domestic animals.

Keeping of household pets consisting of small, medium and large birds and small caged rodents for personal purposes is permitted. Not more than two dogs and two cats over the age of four months and ten small birds, four medium birds, and two large birds, with a maximum of ten birds may be kept on any lot. Nothing herein shall authorize the breeding of dogs and cats for commercial purposes. For purposes of this section, more than one litter per year per household shall constitute commercial purposes. No farm animals, peafowl, or pigeons are permitted.

All areas used for the keeping of animals shall be kept in a clean and sanitary condition at all times and shall not cause detrimental or injurious conditions to the public health, safety, or general welfare of any human being.

(Ord. 791 § 4, 1993: Ord. 781 § 6, 1993: Ord. 767 § 10, 1992: Ord. 474 § 4 (part), 1980.)

19.18.300 - Street names and lot numbering.

All street names and lot numbering shall be submitted for approval to the planning department.

(Ord. 474 § 4 (part), 1980.)

Any structure including but not limited to mobilehomes, awning, carport, garage and cabana shall require a zone clearance issued by the planning department and shall comply with the ordinances and approved site plan of the mobilehome park as well as with applicable laws.

(Ord. 474 § 4 (part), 1980.)

19.18.320 - Site plan.

A detailed site plan or plans shall be approved in conjunction with the conditional use permit, showing landscaping, streets, walkway, common buildings, common area, recreation vehicle storage area, and lot lines and setback lines for each lot. No structure shall be located in conflict with the setbacks. Construction phasing shall also be shown.

(Ord. 474 § 4 (part), 1980.)

All room additions, carports, patios, porches or other additions shall be shown on the site plan or typical lot plans. The design and materials shall be standardized and be a part of the park or subdivision approval.

(Ord. 474 § 4 (part), 1980.)

If the applicant for a mobilehome park or subdivision conditional use permit submits evidence of good cause for modification of the standards for lot frontage, lot depth, lot width and walls which are set forth in this chapter, the planning commission may grant a conditional use permit which includes such modification, so long as the modification is consistent with the intent of the zone, including but not limited to consideration of such factors as aesthetics, design, topography and other natural features, and open

space, and so long as the modification does not result in violation of the standards established by state law.

(Ord. 474 § 4 (part), 1980.)

Application shall be made to the city prior to transferring ownership of a mobilehome park requesting an approval by the planning commission of the transfer and city approval of a new operating permit.

(Ord. 474 § 4 (part), 1980.)

A.

All requirements for mobilehome parks shall apply to mobilehome subdivisions, in addition to the requirements listed in this section including but not limited to approval and recordation of a subdivision map.

B.

Mobilehome subdivisions shall be developed in accordance with the standards for mobilehome parks which are set forth in this chapter and in state laws.

C.

Improvements which are not dedicated to and accepted by the city, and all common areas and facilities, may be constructed only upon full and adequate provision for their preservation and future maintenance in a manner acceptable to the city. This requirement may be satisfied by the following documents, as approved by the city attorney: a declaration of covenants, conditions and restrictions for the subdivision; governing instruments for the owners' association, including, where applicable, articles of incorporation or association, bylaws, a management agreement and rules. Such documents shall establish, with respect to such improvements, common areas and facilities, by what persons or entity they are to be owned and maintained, and the method of financing the same.

(Ord. 474 § 4 (part), 1980.)

A.

In order to convert a mobilehome park to a mobilehome subdivision, the subdivider must secure a conditional use permit for that purpose as provided in Chapter 19.62 and planning commission approval of a site plan, as well as complying with Section 19.18.340.

B.

Current design and improvement standards shall be satisfied when warranted and practical. But, if the standards in effect at the time of the original mobilehome park approval are found to be presently satisfied

and to be adequate for the proposed subdivision, then the same shall suffice for conversion. In instances when neither of the above is found to be applicable, the planning commission may establish requirements which are consistent with the intent of this chapter.

C.

The following shall constitute minimal conditions of conditional use permit approval: The city shall examine utility services, and those which it determines to be unsatisfactory shall be repaired. Common areas for recreation, open space, landscaping and other purposes shall be placed in a condition satisfactory to the city. The subdivider shall provide community cable television to all mobilehome lots in accordance with Title 16 of this code.

D.

No conditional use permit shall be approved until the subdivider submits evidence of compliance with the requirements of state law regarding such conversion, including but not limited to those set forth in Civil Code Sections 798 et seq. In addition, the following conditions shall be attached to any such permit and documentation of the same shall be submitted to the planning department in order for the permit to become effective:

1.

Tenants in the park shall be given notice of an exclusive right to contract for the purchase of their respective lots upon the same terms and conditions that such lots will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than sixty days from the date of issuance of a subdivision public report when one is required by the Business and Professions Code, or, where no subdivision public report is required, for a period of not less then sixty days from the date of approval of a tentative tract or tentative parcel map pursuant to the Government Code, unless the tenant gives prior written notice of an intention not to exercise the right.

2.

No increase in rents may be made from the date of mailing to tenants of the notice of conversion, so long as the intended conversion is not terminated.

3.

Relocation assistance in the amount of one thousand dollars for each mobilehome moved out of the mobilehome park as a consequence of conversion shall be provided by the subdivider to tenants so affected.

(Ord. 474 § 4 (part), 1980.)

Chapter 19.20 - R-C RECREATION COMMERCIAL ZONE

The recreation commercial zone is intended to provide for outdoor recreation and agricultural uses suitable for development without significant impact to the environment of the area. The recreation commercial zone

also recognizes incidental and accessory uses such as residences, commercial and public service facilities subject to review, and in some cases conditions to protect natural scenic or recreational value.

(Ord. 321 § 1 (part), 1976: prior code § 9405.1.)

In the recreation commercial zone, only the following uses will be permitted subject to development standards and approval of a development plan further specified in this zone:

1.

Agriculture, floriculture and horticulture; land within the R-C zone may be used for growing agricultural crops and uses accessory thereto, but no farm animals or fowl shall be raised or kept on any lot or parcel except as otherwise permitted in the R-C zone;

2.

Arboretums;

3.

Archery ranges (interior or exterior);

4.

Bicycle rentals;

5.

Bowling alleys;

6.

Building materials, storage of, used in the construction of a building permitted or building project permitted during the construction and thirty days thereafter, including the contractor's temporary office; provided, that any lots or parcel of land so used shall be a part of the building project or on property adjoining the construction site;

7.

Churches, temples or other places used exclusively for religious worship including customary incidental educational and social activities in conjunction therewith;

8.

Dance pavilions;

9.

Elementary, junior high, high schools and colleges offering full curricula as required by state law;

Fire stations and facilities for federal, state and county law enforcement agencies but not including jails, prisons or other places of confinement;

11.

Fishing and casting ponds;

12.

Golf courses and driving ranges;

13.

Gymnasiums, including meeting rooms and office space for conducting business in connection with the operation of the gymnasium and ancillary functions;

14.

Miniature golf course;

Museums;

16.

Publicly owned recreation areas including structures, playgrounds and athletic fields, public parks;

17.

Public building and structures excluding prisons and other places of confinement;

18.

Riding and hiking trails, excluding trails for motor vehicles;

19.

Skating rinks, indoor and outdoor;

21.

Swimming pools or clubs;

22.

Temporary mobile home housing for caretaker or superintendent; upon application, the planning director may authorize the housing of the superintendent or caretaker in mobile homes for a thirty-day period.

a.

At the expiration of the aforesaid thirty-day period, the planning director may authorize the extension of such housing for an additional sixty days provided the applicant has filed for a conditional use permit during the first thirty-day period. If the conditional use permit is denied by the planning commission, the extended authorization by the planning director is rescinded.

b.

Not more than one such authorization per applicant shall be authorized by the planning director within any twelve-month period.

c.

The applicant may, within twenty days after filing an application, appeal the decision of the planning director to the planning commission pursuant to procedure and provisions set forth for public hearing in the zoning ordinance;

23.

Tennis, handball, volleyball, badminton, lawn bowling or similar courts or clubs.

24.

Other uses which in the judgment of the commission are similar to, compatible with and no more objectionable than any of those enumerated therein.

25.

The planning director may authorize a temporary carnival, fair, rodeo, gymkhana and any other similar temporary recreational and amusement type enterprise whenever the duration of the enterprise is for not more than seven days within any sixty-day period of time; at the time of authorization, the planning director may impose conditions regarding hours of operation, access parking, fencing and surface treatment to inhibit dust emanation and bonds to guarantee site maintenance;

26.

Accessory uses customarily incidental to any permitted uses, provided such activities and facilities are located on the same premises on which are located the uses to which these are accessory.

(Ord. 512 § 6, 1982; Ord. 321 § 1 (part), 1976: prior code § 9405.2.)

The following uses may be permitted in the R-C zone if a conditional use permit is obtained from the planning commission in the manner provided in Chapter 19.62. A permit for any of these uses may be granted by the planning commission if the applicant produces sufficient proof that the use will not be injurious or detrimental to the public health, safety or welfare or to the property in the vicinity or zone in which the use will be situated; that said effects can be prevented with the imposition of conditions; and that the permit is necessary for the owner of the property to make reasonable use of the property:

Buildings in excess of forty-five feet in height;

2.

Campgrounds and travel trailer parks;

3.

Commercial amusement center, amusement rides and devices;

4.

Commercial stables and riding academies with the boarding of horses on a lot or parcel of land with an area of not less than two acres including a dwelling for a caretaker and family;

5.

Fairgrounds;

6.

Heliport landing areas;

7.

Movie sets or locations which may contain structures of a temporary nature to be used for photographic and scenic purposes in connection with the production of motion pictures and television programs; such sets or locations shall not be used as a permanent service studio or for other similar type of use;

8.

Outdoor festivals;

9.

Racetracks;

10.

Rifle, pistol, skeet or trap ranges;

11.

Rodeos;

12.

Stadium, sports arena;

Public utility structures and facilities which include electrical substations, power booster or conversion plants, telephone exchange buildings;

Temporary agricultural stands in accordance with Chapter 19.62;

15.

Arcades.

(Ord. 537 § 2, 1982: Ord. 512 § 10 (part), 1982; Ord. 321 § 1 (part), 1976: prior code § 9405.3.)

Signs may be erected in a recreation commercial zone in accordance with the sign regulations, Title 17, for commercial uses.

(Ord. 321 § 1 (part), 1976: prior code § 9405.4.)

19.20.050 - Property development and performance standards.

The property development and performance standards set forth in Section 19.20.060 through 19.20.170 shall apply to all lots and premises in the R-C zone.

(Ord. 321 § 1 (part), 1976: prior code § 9405.5 (part).)

All uses within the R-C recreation commercial zone shall operate in accordance with the performance standards contained in Chapter 19.54 of this code.

(Ord. 763 § 8, 1992.)

19.20.060 - Lot area and width.

A.

Minimum lot area shall be one acre exclusive of any public right-of-way dedicated for road purposes or proposed road purposes.

B.

Minimum width of lot shall be one hundred fifty feet, excepting corner lots which shall be one hundred seventy feet.

C.

Minimum depth of lots measured at right angles to the front property line shall be one hundred feet.

(Ord. 321 § 1 (part), 1976: prior code § 9405.5(1).)

All buildings shall be limited to a height of forty-five feet.

(Ord. 321 § 1 (part), 1976: prior code § 9405.5(2).)

• 19.20.080 - Minimum yard requirements.

A.

Front Yard. All buildings or structures on property adjacent to a public road shall be set back not less than thirty feet from the property line or proposed right-of-way line if future public road dedication is required, which ever is greater. Pedestrian walks, vehicular access drives, meter pits, signs (authorized by the sign ordinance) and utility manholes shall be permitted in any front yard. The rear fifteen feet of the setback area may be used for parking purposes and other uses in accordance with the approved development plan excluding habitable structures.

B.

Side Yards. Side yards on interior property lines shall be equal to the height of the building but in no case less than fifteen feet except that minimum side yards of fifty feet shall be required whenever a lot or parcel in the R-C zone abuts a lot or parcel of land in any R zone. The side yard adjacent to the public road shall meet the front yard setback requirements. A common building wall with a zero setback on common interior side yards may be established by development plan approval by the planning commission who shall require the exchange and recordation of necessary documents to insure adequate access, parking and easements to serve the development.

C.

Rear Yards. A rear yard shall be not less than twenty feet, except that a minimum rear yard of fifty feet shall be required whenever a lot or parcel of land in the R-C zone abuts a lot or parcel in an R zone or abuts any street or alley which separates an R-C zone from any R zone.

D.

General Yard Uses. All operations and uses, except parking, landscaping, recreational and loading uses, shall be conducted in a completely enclosed building.

(Ord. 321 § 1 (part), 1976: prior code § 9405.5(3).)

The ground floor area of buildings and structures shall not exceed fifty percent of the total area of the premises.

(Ord. 321 § 1 (part), 1976: prior code § 9405.5(4).)

The parking provisions shall be as set forth in the parking regulations, Chapter 19.44.

(Ord. 321 § 1 (part), 1976: prior code § 9405.5(5).)

A.

The placement and design of walls shall be submitted to, and approved by, the planning commission.

B.

A six-foot solid decorative masonry wall shall be provided and maintained on the boundary of the R-C zone which abuts or lies across a public street or alley from a residential zone; except, on the front or side front portion of the property, the wall shall be placed in a location approved by the planning commission to provide the necessary screening from the public way.

(Ord. 321 § 1 (part), 1976: prior code § 9405.5(6).)

Lighting, including spotlights, floodlights, electrical reflectors, and other means of illumination for signs, and the like, shall be focused, directed and so arranged as to prevent glare or direct illumination on streets or adjoining property.

(Ord. 321 § 1 (part), 1976: prior code § 9405.5(7).)

19.20.130 - Landscaping and environmental area.

A.

The purpose of the landscaping requirements shall be to enhance, conserve and stabilize property values by encouraging pleasant and attractive surroundings. Landscaping also contributes to the relief of heat, noise and glare through the proper placement of plants and trees. The retention of natural and existing landscaping is encouraged.

B.

Landscaping and all other ground space treatment shall be provided upon at least fifteen percent of the net developed site. All landscaping shall be provided with a permanent watering system and be surrounded by a six-inch concrete curb. Landscaping shall be considered actual planting areas of lawn, trees, planter boxes, shrubs, or other plants. Environmental areas shall be considered those spaces related to or integrated with landscaping which provide an interesting complementary design. Courtyards, water ponds, streams, walkways, decks, kiosks and similar items may be permitted at the discretion of the planning director or planning commission. Such landscaping shall be provided in accordance with the following standards:

1.

Maintenance. Required landscaped areas shall be maintained in a neat, clean, orderly and healthy condition. This is meant to include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the regular watering of all plantings.

2.

Required landscaped areas shall be provided with a suitable, permanent method of watering or sprinkling of plants. This watering system shall consist of piped water lines terminating in an appropriate number of sprinklers to insure a sufficient amount of water for plants within the landscaped area. Sprinklers shall be so spaced as to assure a complete coverage of the required landscaped area. The use of hose bibs with portable water will not be accepted.

3.

The entire front yard setback shall be landscaped with the exception of that area provided for vehicles or pedestrian access.

4.

No planting area shall be considered as such unless it contains at least twenty-four square feet of area and is a minimum of four feet in width, except raised planting boxes within close proximity to the building.

5.

One tree, fifteen-gallon minimum, of a species approved on the final landscaping plans shall be planted within a minimum thirty-six square foot area, at every ten rows of single row parking stalls, or every twenty rows of double row parking stalls.

6.

Each unused space resulting from the design of parking spaces or accessory structures over twenty-four square feet in area shall be landscaped.

7.

When the recreational-commercial development either rears on or sides on a residential zone, or where the R-C zone abuts an alley or developed property, it shall include a six-foot wide landscaped area to screen the area adjacent to that residential or developed property line. The design of the screening shall consist of a wall and/or evergreen trees or shrubs, closely spaced.

8.

Landscaping Plan. A plan at a minimum scale of one inch equals thirty feet shall be submitted for approval by the planning director and shall contain the following:

a.

The dimensions and square footage of each planting area;

b.

The total square footage and percentage of the net developed site devoted to landscaping;

c.

Identification of each plant, common and botanical name, at the planting area; the number of each and their container size;

d.

The permanent watering system, including all pipe sizes, and type and size of all sprinkler heads;

e.

Specification sheet indicating the soil preparation and maintenance program for continual maintenance of the landscaping area and any type of guarantee associated with the installation of the landscaping.

(Ord. 321 § 1 (part), 1976: prior code § 9405.5(8).)

Refuse and recycling enclosures shall be provided in accordance with the enclosure provisions of Chapter 19.50 and the following standards:

A.

Each recreational-commercial use established shall provide an outdoor refuse and recycling storage area which shall be easily accessible and enclosed on all sides by a minimum six-foot high brick, concrete block or masonry wall. The opening of the storage area shall be screened by a solid gate of durable wood, metal or comparable material.

B.

In addition, no material or waste shall be deposited in such a form or manner that it may be transferred by natural causes or force, and waste which may cause fumes, dust, or which may constitute a fire hazard or be edible by or otherwise attractive to rodents or insects shall be stored only in closed containers in required enclosures.

C.

The number and general placement of the enclosures shall be contained in the planned development permit and approved by the planning commission.

(Ord. 791 § 5, 1993: Ord. 321 § 1 (part), 1976: prior code § 9405.5(9).)

19.20.150 - Utilities.

All utilities shall be placed underground in accordance with underground utilities ordinance codified in Chapter 13.08.

(Ord. 321 § 1 (part), 1976: prior code § 9405.5(10).)

All mechanical and electrical equipment and satellite dish antennas shall be screened by landscaping or fence or combination with the design approved by the director of planning and community development,

and all rooftop equipment shall be placed behind a permanent parapet wall or equipment screen approved by the director of planning and community development or his designated representative and be completely screened from view at ground level.

(Ord. 821 § 2, 1994: Ord. 593 § 11, 1985: Ord. 590 § 11, 1985: Ord. 321 § 1 (part), 1976: prior code § 9405.5(11).)

19.20.170 - Ramping and equipment for handicapped.

Adequate ramps and equipment shall be provided to accommodate the use of the facility by the handicapped, which shall include but not be limited to access ramps, restrooms, drinking fountains, etc.

(Ord. 321 § 1 (part), 1976: prior code § 9405.5(12).)

19.20.180 - Planning commission review for zoning clearance.

No zone clearance shall be issued until the planning commission, at the first available regular meeting, reviews and by resolution approves or denies the issuance of a zone clearance by resolution.

A.

Upon application for a zone clearance, the number of copies determined by the city of the plot plan of the lot to be used, showing all property lines, existing and proposed building locations, elevations, parking areas, vehicular access facilities, outdoor storage areas, signs, walls, landscaped areas and planting screens, all adequately dimensioned, must be submitted to the planning commission to determine compliance with the provisions of this zone. The plot plan shall show the topography of the lot, abutting streets, highways and freeways, topographic features located within one hundred feet of all lot lines and any additional data which may be required by the commission to determine compliance with the provisions of this zone.

B.

The approval of the plot plan by the planning commission shall include a determination and consideration of the work and improvements necessary for the protection of the public peace, health, safety and general welfare.

C.

Prior to consideration of the plot plan by the planning commission, an engineering advisory meeting will be held, with notice being given to the applicant wherein the staff recommendation will be reviewed. The applicant will also receive a notice of the planning commission meeting, including staff recommendation.

D.

The planning commission shall consider evidence of the size, type, location and character of the proposed use and, based thereon, shall make a determination as to the required work and improvements, if necessary. To insure compatibility with adjoining uses and remove any future nuisance, each specific work and improvement requirement shall be based upon a finding by the planning commission that due to size,

type, location and character of the use, the public peace, health, safety and general welfare require the work or improvement.

(Ord. 856 § 4, 1996: Ord. 321 § 1 (part), 1976: prior code § 9405.7.)

19.20.185 - Planning commission decisions—Appeals—Council review.

A.

Effective Date of Planning Commission Decision. Decisions of the planning commission approving, denying or conditionally approving an application for a plan shall be final and conclusive on the tenth consecutive calendar day following the date of the planning commission's decision, unless an effective timely and complete appeal is filed or a city council review is ordered as provided in this section.

B.

Form of Appeal. Except as provided in subsection D of this section, an appeal from a decision of the planning commission relating to a plan shall not be valid or effective for any purpose unless it meets all of the following requirements:

1.

Each such appeal shall be in writing on a form provided by the director of planning and community development of the city ("director"), and shall identify the planning commission's action to which the appeal relates; and

2.

Each such appeal shall be filed with the director prior to the planning commission decision to which the appeal relates becoming final, as provided in subsection A of this section; and

3.

Each such appeal shall be accompanied by a processing fee in an amount set by the city council; and

4.

Each such appeal is filed by or on behalf of any of the following:

a.

The owner of any real property located within the city, or

b.

A person who lawfully occupies or is entitled to lawfully occupy any real property which is located within three hundred feet of the lot lines of the lot or lots which are the subject of the zone clearance, or

c.

Any interested person.

C.

Effectiveness of an Appeal. No appeal shall be deemed complete nor effective for any purpose unless it complies with all of the provisions of this section.

D.

Review by City Council. Notwithstanding any of the provisions of this section to the contrary, the city council, by majority vote of its total membership and at any time before a planning commission decision becomes final pursuant to subsection A of this section, may issue an order to review, de novo, a planning commission decision relating to a plan ("order of review").

E.

Stay of Proceedings. The timely filing of an effective appeal or the timely adoption by the city council of an order of review shall stay the decision of the planning commission to which the appeal or order of review relates, pending the city council action on the matter.

F.

Action of City Clerk. Upon the timely filing of an effective appeal or the adoption of a timely order of review, the city clerk will:

1.

Set the matter for hearing at the next most convenient meeting of the city council; and

2.

Give written mailed notice of the time and place of the hearing to the appellant, the applicant, and such other persons and entities in accordance with Section 19.84.030 of this code.

G.

Action by the City Council. At the time and place of the hearing on an appeal or an order of review, the city council shall conduct a de novo hearing on the matter, at which time all interested persons shall be allowed to present relevant reliable evidence to the city council. The technical rules of evidence applicable to judicial proceedings need not be observed, provided that the matter is resolved by the city council based upon reliable relevant evidence. The applicant shall have the burden of proof to show the existence of the facts which warrant the granting of the zone clearance.

H.

City Council Decision. The city clerk shall give written notice of the city council's decision to the appellant, the applicant and any other interested person who requests such notice. The city council's determination shall be final and conclusive subject only to judicial review.

(Ord. 856 § 5, 1996.)

(Ord. No. 1153, § 4(I), 5-25-2018)

A.

A certificate of occupancy shall be applied for any use or expansion of land or buildings permitted in Section 19.28.040. The building department may issue the certificate after planning commission approval of new buildings and uses. A change in use in an existing building may be approved by the planning director.

B.

An application for a certificate of occupancy shall be accompanied by:

1.

A description of the proposed industrial operation in sufficient detail to fully describe the nature and extent of the proposed use;

2.

Plans or reports describing proposed treatment of noise, glare, air pollution, and treatment of any other potentially obnoxious materials;

3.

Plans or reports showing proposed treatment and disposal of sewage;

4.

Additional data which may be required by the public works department to ascertain conformance with the requirements of this zone.

C.

A change or changes in the use permitted by a certificate of occupancy shall occur only after the holder of such certificate has obtained an amendment thereto allowing such change or changes.

D.

A certificate of occupancy for a use of the land in the R-C zone may be revoked by the city council after a public hearing if the city council finds that the holder of the certificate has failed to comply with the approved plans.

(Ord. 321 § 1 (part), 1976: prior code § 9405.8.)

Uses expressly prohibited in the R-C zone shall be:

A.

Single-family dwellings except as expressly permitted;

B.

Multiple-family dwellings and motels;

C.

Industrial uses.

(Ord. 321 § 1 (part), 1976: prior code § 9405.9).

Chapter 19.21 - CAMARILLO COMMONS MIXED-USE (CCM) ZONE

This zone establishes regulations for the general placement, design, and intensity of uses for the area identified as the Camarillo Commons Mixed-Use (CCM) Zone. These regulations are intended to identify development standards for the redevelopment of the area. The primary purpose of the CCM Zone is to provide for a combination of commercial, office, upper-story residential uses, and compatible related development to promote pedestrian use and enjoyment of the mixed-use area.

(Ord. 1013 § 2 (part), 2007.)

19.21.020 - Permitted uses.

The following uses are permitted in the CCM Camarillo Commons Mixed-Use (CCM) Zone:

A.

Emergency shelter, including other interim interventions such as navigation centers, bridge housing, or respite or recuperative care.

(Ord. No. 2008, § 4(Exh. A), 4-12-2023)

19.21.025 - Uses authorized under a planned development permit.

The following uses are permitted in the CCM Zone if a planned development permit is granted by the planning commission in accordance with this chapter. All uses must conform to the development standards of this chapter, and be conducted wholly within a building, except enterprises customarily conducted in the open (i.e., outside dining in conjunction with a restaurant):

1.

Antique stores;

2.

Apparel stores;

Appliance, sales and service;

4.

Art studios, galleries;

5.

Arts, crafts, music and photographic supply stores;

6.

Auditoriums, exclusive of tents or temporary structures;

7.

Bakery shops (including outside dining tables);

8.

Banks, credit unions, trust companies and other similar financial institutions;

9.

Barbershops;

10.

Beauty shops and salons;

11.

Bicycle shop;

12.

Bookstores;

13.

Bowling alleys;

14.

Carpet, floor covering, and ceramic tile stores;

15.

Chiropractic offices;

Churches;

Clubs and lodges, private;

18.

Coffee shops (including outside dining tables);

19.

Computer services and sales;

Confectionery stores;

Dance halls and dancing studios;

[Intentionally deleted];

Day spa;

Delicatessens (including outside dining tables);

Dressmaking shops;

Draperies and window coverings, sales;

Drugstores and pharmacies;

28.

Electronics, sales and repairs of televisions, VCR's, stereos, computers, and related equipment;

29.

Fire stations, public buildings, and facilities for federal, state, county and city agencies, not including jails, prisons and other places of confinement;

Florist shops;

Furniture and appliance stores;

Garden supply stores;

Greeting card shops;

Grocery stores;

Gymnasiums;

Hardware stores;

Health clubs;

Ice cream and yogurt shops;

Interior decorating establishments;

Jewelry stores;

Laundry and dry cleaning establishments;

Library;

Live/work units;

Meat markets;

Medical laboratories, excluding research and development;

Movie, music and games, sales or rental;

Museums;

Music conservatories and studios;

Newspaper office (excludes newspaper printing);

Nurseries, plant;

Office, business and professional;

Office, medical and dental;

Office, veterinary, excluding routine overnight boarding;

Off-street parking;

Optician;

Paint stores;

Pet shops, pet grooming;

58.

Pharmacy;

59.

Photography store, sales and repair of photography equipment and photo processing;

60.

Photography studios;

Plumbing shops;

Post Office;

63.

Printing shops (i.e., blueprinting, photocopying, and offset);

64.

Public parks, playgrounds and community centers;

65.

Residential dwelling units above first floor of a mixed-use building, as part of a commercial usage;

66.

Restaurants and cafes (including outside dining);

67.

Retail stores or businesses not involving any kind of manufacturing, processing or treating of products other than that which is clearly incidental to the retail store or business conducted on the premises subject to the following conditions and limitations:

a.

Not more than three persons may be employed in permitted processing or treating of products;

b.

The operations and projects may not unreasonably emit noise, odor, dust, smoke, vibration or other objectionable characteristics;

68.

Shoe stores;

69.

Stationery stores;

70.

Studios—Art, dance, martial arts, music, etc;

71.

Tailor shops;

Tennis clubs and swim clubs;

73.

Theatre, live;

74.

Theaters, movie;

75.

Transportation terminal (i.e., bus, taxi, or train);

76.

Travel agency, ticket office;

77.

Trophy stores, including plaques and related merchandise;

Variety stores;

79.

Video stores, sales and rentals of videos and recorders;

Uses and structures which are incidental or accessory to any of the uses permitted in this zone;

81.

Other uses which in the judgment of the planning commission are similar to, compatible with, and no more objectionable than any of those enumerated in this section in accordance with Chapter 19.60.

(Ord. 1013 § 2 (part), 2007.)

(Ord. No. 1196, § 3A, 9-14-2022; Ord. No. 2008, § 5, 4-12-2023)

19.21.030 - Planned development permit required.

Prior to the issuance of a zoning clearance, a planned development permit is required for the construction, exterior modification or enlargement of any new structure or the use of a lot or premises within the Camarillo Commons Mixed-Use (CCM) Zone in accordance with Section 19.21.200.

(Ord. 1013 § 2 (part), 2007.)

19.21.040 - Uses requiring conditional use permits.

The following uses may be permitted in the Camarillo Commons Mixed-Use (CCM) Zone if a conditional use permit is obtained in the manner provided in Chapter 19.62:

A.

Automobile service stations;

B.

Bed and breakfast inn;

C.

Commercial recreation uses and sports;

D.

[Intentionally deleted];

E.

Hotels and motels;

F.

Liquor stores;

G.

Live/work units;

H.

Residential, not in conjunction with commercial usage;

I.

Schools;

J.

Senior citizen housing including senior hotels;

K.

Taverns, bars, nightclubs;

L.

Alcoholic beverage establishments, off-sale.

M.

Alcoholic beverages, on-sale for theaters.

(Ord. 1029 § 11, 2008; Ord. 1013 § 2 (part), 2007.)

(Ord. No. 1108, § 4, 3-11-2015; Ord. No. 1109, § 4, 3-25-2015; Ord. No. 1171, § 3G, 3-25-2020; Ord. No. 1182, § 3, 8-25-2021)

19.21.045 - Uses requiring conditional use permits that may be approved at the director level.

The following uses may be permitted in the Camarillo Commons Mixed-Use (CCM) Zone if a conditional use permit is approved by the director in the manner provided in Chapter 19.62:

A.

Day care nurseries, short-term, providing care for more than six children subject to the standards of Section 19.62.165.

(Ord. No. 1196, § 3B, 9-14-2022)

19.21.050 - Signs.

Signs may be erected in the Camarillo Commons Mixed-Use (CCM) Zone in accordance with Title 17 and any other guidelines adopted by the City relating to the design and placement of signs.

(Ord. 1013 § 2 (part), 2007.)

19.21.060 - Property development and performance standards.

The property development and performance standards set forth in Sections 19.26.065 through 19.26.180 will apply to all lots and premises in the Camarillo Commons Mixed-Use (CCM) Zone.

(Ord. 1013 § 2 (part), 2007.)

19.21.065 - Commercial/industrial performance standards.

All uses within the Camarillo Commons Mixed-Use (CCM) Zone must operate in accordance with the performance standards contained in Chapter 19.54.

(Ord. 1013 § 2 (part), 2007.)

19.21.070 - Lot area and parcel dimensions.

All lots hereafter created must meet the following minimum standards:

A.

Minimum zone area is forty thousand square feet, which may consist of one or more lots or parcels, exclusive of public right-of-way dedicated for road purposes or proposed road purposes. If more than one parcel exists, however, the design of the development must be integrated and unified by the utilization of architectural and landscaping design to the satisfaction of the planning commission.

B.

Minimum width of lots is one hundred fifty feet.

C.

Minimum depth of lots measured at right angles to the front property line is two hundred feet.

(Ord. 1013 § 2 (part), 2007.)

19.21.080 - Minimum yard requirements.

The planning commission, in their review, must determine the yard requirements based on the height and bulk of the building and adjoining land uses and the intent of the zone, which requirements may not be below the following minimum standards:

A.

Front Yard. Front yards may not be less than fifteen feet nor greater than twenty feet from the edge of the curb. Parking areas may not be located between the building and a public street.

B.

Side Yard. No interior side yards are required. Side yards adjacent to a major street are only permitted to allow for plazas and pedestrian walkways. The side yard adjacent to a residential zone must be a minimum of twenty feet.

C.

Rear Yard. No rear yards are required. The rear yard adjacent to a public street must meet the front yard requirements. Parking areas are not permitted in the rear yard setback between public streets and

buildings.

D.

General Yard Uses. Outside dining, parking of automobiles, and landscaping may be conducted on the site; whereas all other operations and display must be conducted in a completely enclosed building.

(Ord. 1013 § 2 (part), 2007.)

19.21.090 - Off-street parking.

Off-street parking must comply with the requirements of Chapter 19.44.

(Ord. 1013 § 2 (part), 2007.)

19.21.095 - Off-street loading area.

Off-street loading must comply with the requirements of Chapter 19.46.

(Ord. 1013 § 2 (part), 2007.)

19.21.100 - Fences and walls.

A.

Whenever the Camarillo Commons Mixed-Use (CCM) Zone abuts on a residential zone, a solid decorative masonry screen wall a minimum of six feet in height must be erected along the property line abutting the residential zone, unless the residential area has been integrated into the project design as considered and approved as part of the planned development permit.

B.

Whenever the parking or circulation area abuts a public street, there must be a low wall or landscaped hedge, not greater than three feet in height (excluding architectural features such as pilasters, as approved as part of the planned development permit), along the property lines adjacent to the parking area adjacent to the street.

C.

The placement and design of walls must be submitted to, and approved by, the director of community development or be part of the approved planned development permit approved by the planning commission.

(Ord. 1013 § 2 (part), 2007.)

Exterior lighting is permitted subject to the procedures and regulations in Chapter 19.47 of this code.

(Ord. 1013 § 2 (part), 2007.)

(Ord. No. 2004, § 7, 1-11-2023)

Building coverage must be set forth under the planned development permit or conditional use permit and must comply with all other provisions of this code including the requirement to provide open space for parking, access, plazas and other onsite amenities.

(Ord. 1013 § 2 (part), 2007.)

All buildings must be a minimum of twenty-five feet in height or two stories as approved under the planned development permit. Buildings adjacent to a public street may not exceed forty feet in height, exclusive of architectural features. Buildings not adjacent to a public street are limited to a height of forty-five feet or four stories, exclusive of architectural features. No building may exceed four stories, excluding parking structures.

(Ord. 1013 § 2 (part), 2007.)

Residential units within a mixed-use building approved under a planned development permit and freestanding residential units approved under a conditional use permit in the Camarillo Commons MixedUse (CCM) Zone are subject to the following standards:

A.

Location. Residential units in a mixed-use building must be located above the ground floor in order to maintain the commercial use of the building on the street level. Only garages and entrances may be located on the first floor access. Residential units must have a secure and separate entry and exit apart from the commercial units.

B.

Parking. Residential parking must comply with the parking requirements of Chapter 19.44.

C.

Lighting. All exterior lighting must be sufficient to establish a sense of well being to the pedestrian. A minimum of one-foot candle must be provided at the ground level for all exterior doorways and vehicular parking areas.

D.

Refuse Storage and Location. An adequate refuse and recycling enclosure must be provided for all residential uses. In mixed-use buildings, a separate trash and recycling enclosure may be required apart from the commercial enclosure, depending upon the size of the development.

E.

Private Usable Outdoor Area. Each unit must include a deck or balcony to provide an exterior area for the unit. The minimum dimension of a deck or balcony is six feet. Reasonable access from the unit must be provided. The minimum area of the exterior space is one hundred square feet exclusive of mechanical equipment.

F.

Recreation Area. In addition to private useable outdoor space, each dwelling unit shall provide common useable open space as follows:

1.

One hundred twenty-five square feet for each studio or efficiency unit;

2.

Two hundred twenty-five square feet for each dwelling unit having two or more bedrooms.

Common recreation areas must be conveniently located and readily accessible from all dwelling units located on the building site. The common recreational/leisure area may be composed of active or passive facilities and may be located either indoors or outdoors or may be a combination of both. Common useable open space may incorporate any required setback areas other than required front or street-side yard setback areas, but may not include or incorporate any driveways, trash pickup areas, storage or utility areas or parking areas other than the rooftop deck of a parking structure. All required common useable open space must be suitably improved for its intended purpose and all lawn and landscape areas must be provided with a permanent irrigation system. Recreation space must be provided for the residential units including recreation facilities for children as approved under the development plans.

(Ord. 1013 § 2 (part), 2007.)

Small family day care and large family day care uses are permitted within residential units that are in compliance with this chapter.

(Ord. No. 1171, § 3H, 3-25-2020)

19.21.140 - Landscaping and environmental area.

A.

The purpose of the landscaping requirements is to enhance, conserve and stabilize property values by encouraging pleasant and attractive surroundings. Pedestrian paths, paseos and landscaped parkways must be an integral part of the landscape design connecting with plazas and green spaces. Landscaping also contributes to the relief of heat, noise and glare through the proper placement of green plants and trees.

B.

Landscaping and all other ground space treatment must be provided upon the net developed site. Landscaping includes the actual planting areas of lawn, trees, planter boxes, shrubs, or other plants. Landscaping must be surrounded by either a six-inch masonry curb, sidewalk or building. Courtyards, water ponds, streams, walkways, decks, kiosks, and similar items shall be provided. All landscaping must comply with the following standards:

1.

Maintenance. Required landscaped areas must be maintained in a neat, clean, orderly and healthy condition. This includes proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the regular watering of all plantings.

2.

Required landscaped areas must be provided with a suitable, permanent method of watering of plants. This watering system must consist of piped water lines terminating in an appropriate number of sprinklers or emitters to ensure a sufficient amount of water for plants within the landscaped area. Sprinklers or emitters must be spaced so as to assure a complete coverage of the required landscaped area.

3.

The parking area setback must be landscaped with the exception of the area provided for vehicles or pedestrian access.

4.

No planting area will be considered a landscaped area unless it contains at least twenty-four square feet of area and is a minimum of four feet in width; except raised planting boxes within close proximity to the building.

5.

One tree, twenty-four-inch box minimum, of a species approved on final landscaping plan must be planted within a minimum sixty-inch wide planter area at every ten rows of single-row parking stalls, or at every twenty rows of double-row parking stalls.

6.

Above-grade and semi-subterranean parking structures must include potted or boxed trees and landscaping on all open-air parking decks that are above grade and visible from any public or private rightof-way so as to provide visual relief and shading, subject to the limitations posed by the engineering of the structure with respect to the weight loads generated by such landscaping.

7.

Each unused space resulting from the design of parking spaces or over twenty-four square feet in area must be landscaped.

When the commercial development abuts a residential zone, or where the CCM zone abuts an alley or development property, adjacent to a residential zone, it must include a six-foot-wide landscaped area to screen the commercial development. The design of the screening must consist of trees and shrubs closely spaced.

9.

Landscaping Plan. A landscaping plan at a minimum scale of one inch equals thirty feet must be submitted for approval by the director and must contain the following:

a.

The dimensions and square footage of each planting area;

b.

The total square footage of each planting area;

c.

Identification of each plant, common and botanical names at the planting area, and the number of each and their container size;

d.

The permanent watering system, including all pipe sizes, and type and size of all sprinkler heads or emitters;

e.

Specification sheet indicating the soil preparation and maintenance program for continual maintenance of the landscaping area and any type of guarantee associated with the installation of the landscaping.

(Ord. 1013 § 2 (part), 2007.)

Refuse and recycling enclosures must be provided in accordance with Chapter 19.50 and the following standards:

A.

Each development established must provide an outdoor refuse and recycling storage area which is easily accessible and enclosed on all sides by a minimum six-foot-high brick, concrete block, or masonry wall in accordance with City approved standard design. The opening of the storage area must be screened by a solid gate of durable wood, metal, or comparable material. The enclosure must be covered by a solid roof.

B.

In addition, no material or waste may be deposited in such a form or manner that allows it to be transferred by natural causes or force. Any waste which may cause fumes, dust, or constitute a fire hazard or be edible

by or otherwise attractive to rodents or insects, must be stored only in closed containers in required enclosures.

C.

The number and general placement of the enclosures will be set forth in the planned development permit.

(Ord. 1013 § 2 (part), 2007.)

19.21.160 - Utilities.

All utilities must be placed underground in accordance with Chapter 18.08.

(Ord. 1013 § 2 (part), 2007.)

19.21.170 - Mechanical and electrical equipment and satellite dish antennae.

All mechanical and electrical equipment, and satellite dish antennas (except dishes less than one meter in diameter), must be screened by landscaping or fence screen wall or combination of design, and all rooftop equipment must be placed behind a permanent parapet wall or equipment screen approved by the director and be completely screened from view at ground level.

(Ord. 1013 § 2 (part), 2007.)

19.21.180 - Ramping and equipment for the handicapped.

Adequate ramps and equipment must be provided to accommodate the use of the facility by the handicapped and must include, but not be limited to, access ramps, restrooms, drinking fountains, etc. (Ord. 1013 § 2 (part), 2007.)

19.21.190 - Use of the planned development permit.

No building or improvement or portion thereof may be erected, constructed, converted, established, or enlarged; nor may a lot or premises be used without first obtaining a planned development permit.

(Ord. 1013 § 2 (part), 2007.)

19.21.195 - Planned development permit—Application.

A.

An application for a planned development permit must be filed with the department on a form provided and must include the following:

1.

An accurately-dimensioned plot plan showing existing and proposed topography, all proposed building, parking, landscaping areas, walls and all existing or proposed streets within a one hundred-foot radius of the property.

The dimension of all yards, setbacks, parking area, driveways and square footage of all building landscaping and building coverage.

3.

The elevation of all buildings proposed with a notation of the type of material proposed in addition to a color and material sample.

(Ord. 1013 § 2 (part), 2007.)

19.21.200 - Planned development permit—Notice of planning commission review.

The department must provide notice of the date, time, and place of the planning commission's review of the application and the staffs proposed recommendation to the applicant.

(Ord. 1013 § 2 (part), 2007.)

In considering the approval, denial, or modification of an application for a planned development permit, the planning commission must consider the proposed recommendation of the staff and the following guidelines:

A.

The degree of compatibility of property uses for which this chapter is intended to promote and preserve should be maintained with respect to the particular use on the particular site and consideration given to the existing and potential uses of property within the zone and the general area in which the use is proposed to be located.

B.

Performance standards and conditions must be imposed upon uses which without such condition might become obnoxious, dangerous, offensive or injurious to the public health, safety, or welfare or a portion thereof by reason of the emission of noise, smoke, dust, fumes, vibration, odor or other harmful or annoying substances.

C.

The integrity and character of the neighborhood in which the use will be located should be maintained including the utility and value of property in the neighborhood and in the adjacent zones.

D.

The use must be compatible with public interest, health, safety, convenience and general welfare.

E.

The development is in accordance with any adopted guidelines for the area for properties within a redevelopment area.

(Ord. 1013 § 2 (part), 2007.)

The planning commission may attach such conditions and make such modifications, changes or alterations in the proposed application as the Commission may determine necessary to carry out the purposes of this zone.

(Ord. 1013 § 2 (part), 2007.)

If the proposed planned development would substantially depreciate property values in the vicinity, unreasonably interfere with the use and enjoyment of property in the vicinity by occupants thereof, or would endanger the public peace, health, safety and general welfare, then such proposed planned development must be rejected, modified or conditioned to remove such objections or be denied.

(Ord. 1013 § 2 (part), 2007.)

Unless the construction of the structure is commenced and being diligently pursued not later than twelve months after the date the permit is granted, the permit will automatically expire on that date. However, if there have been no changes in the proposed plot plans or adjacent areas, the planning commission or the director when authorized, may grant additional extensions of time for the commencement of the project.

(Ord. 1013 § 2 (part), 2007.)

19.21.250 - Planned development permit—City council review.

A.

Effective Date of Planning Commission Decision. Decisions of the planning commission approving, denying or conditionally approving an application for a planned development permit will be final and conclusive on the 10th consecutive calendar day following the date of the planning commission's decision, unless timely and complete appeal is filed or a City Council review is ordered as provided in this section.

B.

Form of Appeal. Except as provided in subsection D of this section, an appeal from a decision of the planning commission relating to a permit will not be valid or effective for any purpose, unless it meets all of the following requirements:

1.

The appeal must be in writing on a form provided by the director and must identify the planning commission's action to which the appeal relates.

The appeal must be filed with the director prior to the date on which the planning commission decision, to which the appeal relates, becomes final.

3.

The appeal must be accompanied by a processing fee in the amount set by the City Council.

4.

The appeal must be filed by the applicant or any interested person.

C.

Effectiveness of an Appeal. No appeal will be deemed complete for any purpose, unless it complies with all of the provisions of this section.

D.

Review by City Council. Notwithstanding any of the provisions of this section, the City Council, by majority vote of its total membership and at any time before planning commission decision becomes final, may issue an order to review, de novo, a planning commission decision relating to a planned development permit ("order of review").

E.

Stay of Proceedings. The timely filing of an effective appeal or the timely adoption by the City Council of an order of review will stay the decision of the planning commission to which the appeal or order of review relates, pending the City Council action on the matter.

F.

Action of City Clerk. Upon the timely filing of an effective appeal or the adoption of a timely order of review, the city clerk will:

1.

Set the matter for hearing at the next most convenient meeting of the city council; and

2.

Give written mailed notice of the time and place of the hearing to the appellant, the applicant, and such other persons and entities in accordance with Section 19.84.030 of this code.

G.

Action by the City Council. At the time and place of the hearing on an appeal or an order of review, the City Council must conduct a de novo hearing on the matter, at which time all interested persons will be allowed to present relevant reliable evidence to the City Council. The technical rules of evidence applicable to judicial proceedings need not be observed, provided that the matter is resolved by the City Council based

upon reliable relevant evidence. The applicant has the burden of proof to show the existence of facts, which warrant the granting of the planned development permit.

H.

City Council Decision. The City Clerk must give written notice of the City Council's decision to the appellant, the applicant and any other interested person who requests such notice. The City Council's determination will be final and conclusive subject only to judicial review.

(Ord. 1013 § 2 (part), 2007.)

(Ord. No. 1153, § 4(J), 5-25-2018)

19.21.260 - Planned development permit—Revocation.

A.

Any permit granted may be revoked by the Planning Commission or City Council after appropriate proceedings, provided herein, for any of the following causes:

1.

That any term or condition of the permit has not been complied with;

2.

That the property subject to the permit, or any portion thereof, is used or maintained in violation of any statute, ordinance, law or regulation in effect at time of approval or subsequently made applicable;

3.

That the use for which the permit was granted has not been exercised for at least twelve consecutive months or has ceased to exist, or has been abandoned;

4.

That the use for which the permit was granted has been so exercised as to be detrimental to the public health or safety, or as to constitute a nuisance.

B.

After revocation of a permit, the property affected thereby must be subject to the current regulations of the applicable zone classification.

C.

The failure of the planning commission or City Council to revoke a permit whenever due cause exists or occurs does not constitute a waiver of such right with respect to any subsequent cause for revocation.

(Ord. 1013 § 2 (part), 2007.)

19.21.270 - Certificate of occupancy.

A.

A certificate of occupancy is required for any change in use within a planned development permit. A change in use in an existing building may be approved by the director.

B.

An application for a certificate of occupancy must be accompanied by:

1.

A description of the proposed commercial operation in sufficient detail to describe fully the nature and extent of the proposed use.

C.

A certificate of occupancy for a use of the land in the Camarillo Commons Mixed-Use (CCM) Zone may be revoked by the City Council after a public hearing if the City Council finds that the holder of the certificate has failed to comply with the approved application.

(Ord. 1013 § 2 (part), 2007.)

19.21.290 - Uses prohibited.

The uses expressly prohibited in the Camarillo Commons Mixed-Use (CCM) Zone are manufacturing, and drive-thru restaurant uses.

(Ord. 1013 § 2 (part), 2007.)

Chapter 19.22 - P-O PROFESSIONAL OFFICE ZONE

In order to provide a method whereby land may be designed and developed as a unit for professional administrative offices, and in order to produce an environment of stable desirable character which will be in harmony with the existing or potential development of the surrounding neighborhoods and which may be located in or adjacent to residential areas, and in order to produce professional administrative office developments which meet modern standards of open space, concentration of buildings, common parking facilities, light, air, pedestrian and vehicular circulation, the professional office P-O zone is established to provide suitable locations for offices and services of a professional, clerical, or administrative nature.

(Ord. 360 § 1 (part), 1977: prior code § 9406.)

No building or improvements may be erected, constructed, converted, established, altered or enlarged, nor may a lot or premises be used until a development plan has been submitted to, and approved by, the planning commission unless otherwise set forth in this code. All such uses must be within an enclosed

building unless stated otherwise in this chapter. However, any use listed as permitted and proposed to be located in an existing structure may be approved by the director after the use has been reviewed and determined to be compatible. All uses shall be subject to the property development standards in Sections 19.22.050 through 19.22.170.

New buildings in the P-O zone shall be made only in conformance with a planned development permit granted by the planning commission in accordance with Section 19.22.200. Such permit shall be obtained by filing an application in the planning department accompanied by a plot plan and elevation drawings of the structures in accordance with the procedures set forth herein.

The planning commission, and/or the city council, shall not grant a permit for any use when it finds the use will be injurious or detrimental to the public health, safety, or welfare, or to the property in the vicinity or zone in which the use will be situated: and secondly, that the imposition of conditions upon the requested use will not prevent such effects. All uses herein authorized shall be conducted totally within a building;

A.

Financial institutions of the following types:

1.

Banks

Commercial loan offices

Credit union offices

4.

Credit services

5.

Mortgage services

6.

Savings and loan associations;

B.

General office, business, administrative service consulting or professional uses of the following types:

Accountants

Advertising agencies

3.

Appraisers

4.

Architect and artist studios

5.

Attorneys

6.

Bookkeepers

Chiropodists

Chiropractors

Collection agencies

Consulting services

11.

Construction services (excluding storage of construction equipment and materials on the property)

Corporation or general offices

Counseling services

Doctors or other similar practitioners of the healing arts for human beings

Employment agencies

16.

Engineers

Escrow services

18.

Hospitals (excluding mental hospitals) and including accessory gift shops, and flower shops without outside signage indicating the presence of such accessory uses

Insurance services

Investment services

Laboratories (medical, dental, and biological)

Libraries

Life science R&D, including vivarium

Medical and dental clinics

Mortuaries

Postal services

Real estate services

Stockbrokers

29.

Surveying services

Telephone answering services;

C.

Any other use determined by the planning commission to conform with the general purpose or intent of an administrative nature excluding general retail uses;

D.

Agricultural uses, temporary agricultural uses and stands, subject to the following conditions and limitations:

1.

Growing agricultural crops and accessory structures are permitted uses, but no poultry or animals shall be raised or kept except as otherwise permitted by this chapter.

(Ord. 512 § 7, 1982; Ord. 493 § 1 (part), 1981; Ord. 360 § 1 (part), 1977: prior code § 9406.1.)

(Ord. No. 2007, § 5B, 4-12-2023)

19.22.030 - Accessory uses permitted in the P-O zone.

Accessory uses of the following types may be permitted provided they are incidental to the permitted uses within the same building:

A.

Off-street parking of private automobiles in connection with any P-O use as provided under the development standards of the zoning title, however, specifically excluding the storage and maintenance of trailers and mobile homes except temporary offices during the period of construction;

B.

Coffee shop, newsstands, pharmacy where pharmacies are limited to the preparation, dispensing and retailing of drugs including the dispensing and retailing of orthopedic and medical appliances; however, specifically excluding retailing and dispensing nonrelated pharmaceutical commodities, products or articles;

C.

There shall be no entrance directly from the street or outside of the development to the business and no signs or other evidence indicating the existence of such business shall be visible from the outside of the

building. The building shall be of sufficient size and character so that the patronage of such business may be expected to be furnished substantially or solely by tenants of the office building.

(Ord. 360 § 1 (part), 1977: prior code § 9406.2.)

The following uses may be permitted in the P-O zone if a conditional use permit is obtained in the manner provided for in the Chapter 19.62, and such use conforms to every term and condition of the permit and the following: The conditional use permit may be granted if the applicant demonstrates that the use will not be injurious or detrimental to the public health, safety and welfare; the application will be compatible with the uses, zone, and property within the area; the conditional use permit may include conditions which, in the opinion of the commission, are imposed to insure compatibility and to mitigate any adverse condition involved with the use; the permit is necessary to make reasonable use of the property:

1.

Churches;

2.

Educational institutions: business, professional schools including dancing academies, art institutes but excluding manual arts, auto body, motor repair, carpentry and public schools;

3.

Charitable and philanthropic institutions;

4.

Publicly owned or operated buildings and uses including libraries, museums and community buildings; but excluding jails, prisons, and other places of confinement, dumps, and sanitary fills;

5.

Sanitariums or convalescent homes; only the expansion of an existing facility or new facilities in close proximity to a hospital where a need can be shown;

6.

Tennis and swim clubs, gymnasiums and handball facilities;

7.

Public utility buildings or structures including radio and television broadcasting studios, but not including transmitters;

8.

Colleges or universities which offer a program of professional preparatory instruction or any combination thereof offering full curricula as required by state law;

Buildings containing a height greater than twenty-five feet;

10.

Temporary agricultural stands in accordance with Chapter 19.62;

[Intentionally deleted];

12.

Indoor theaters, including the on-sale of alcoholic beverages;

Commercial recreation uses and sports complexes;

Hotels and motels with convention and/or recreational facilities.

(Ord. 911 § 3, 1999; Ord. 891 § 1, 1998; Ord. 867 § 1, 1997; Ord. 790 § 1, 1993; Ord. 660 § 2, 1988; Ord. 512 § 10 (part), 1982: Ord. 360 § 1 (part), 1977: prior code § 9406.3 (part).)

(Ord. No. 1108, § 4, 3-11-2015; Ord. No. 1109, § 4, 3-25-2015; Ord. No. 1182, § 4, 8-25-2021; Ord. No. 1196, § 4A, 9-14-2022)

19.22.045 - Uses requiring conditional use permits that may be approved at the director level.

The following uses may be permitted in the Professional Office (P-O) Zone if a conditional use permit is approved by the director in the manner provided in Chapter 19.62:

A.

Day care nurseries, short-term, providing care for more than six children subject to the standards of Section 19.62.165.

(Ord. No. 1196, § 4B, 9-14-2022)

19.22.050 - Property development and performance standards.

The property development and performance standards set forth in Sections 19.22.060 through 19.22.170 shall apply to all lots and premises in the professional office P-O zone.

(Ord. 360 § 1 (part), 1977: prior code § 9406.3 (part).)

19.22.055 - Commercial/industrial performance standards.

All uses within the P-O professional office zone shall operate in accordance with the provisions of the performance standards contained in Chapter 19.54 of this code.

(Ord. 763 § 9, 1992.)

All lots hereafter created shall contain the following minimum standards:

A.

Minimum lot area shall be ten thousand square feet which may consist of one or more lots or parcels excluding the public right-of-way dedicated for public purposes or proposed road purposes. If more than one parcel exists, however, the design of the development shall be integrated and unified by the utilization of common access driveways, parking areas under a conjunctional use agreement approved by the city.

B.

Minimum width of lots shall be one hundred feet.

C.

Minimum depth of lots measured at right angles to the front property line shall be one hundred feet.

(Ord. 360 § 1 (part), 1977: prior code § 9406.3(A).)

The planning commission in their review shall determine the yard requirements based upon the height and bulk of the building and adjoining land uses and the intent of the zone, but in no case shall a yard requirement be below the minimum standards set forth as follows:

A.

Front yard building setback shall not be less than thirty-five feet from the existing or proposed right-of-way line with a minimum landscaping of ten feet. If no parking or vehicular drives are provided in the front yard area, then the front yard area may be reduced to not less than twenty feet.

B.

Side Yards. No interior side yards shall be required except adjacent to a residential zone or abutting any public right-of-way, in which case the front yard setback shall apply.

C.

Rear Yard. A rear yard of not less than ten feet shall be provided for each building hereinafter erected or extended; except, where adjacent to a residential zone, a twenty foot setback shall be provided.

D.

Interior Yards. Interior yards between buildings shall have a width equal to the height of the taller of the two buildings but which yards need not exceed forty feet.

E.

General Yard Uses. The utilization of yard areas shall be limited to landscaping, parking, loading, the placement of trash enclosures to serve the approved uses to be conducted on the premises.

(Ord. 360 § 1 (part), 1977: prior code § 9406.3(B).)

Off-street parking and loading shall be in accordance with the parking and loading provisions and standards set forth under the parking and loading chapters of this title (Chapters 19.44 and 19.46).

(Ord. 360 § 1 (part), 1977: prior code § 9406.3(C).)

19.22.090 - Fences and walls.

A.

Whenever the P-O zone sides on or rears on a residential zone, there shall be erected along the property line a decorative screen wall six feet in height.

B.

Whenever the parking or circulation area abuts a public street, there shall be provided a screen berm, decorative wall or landscape hedge not greater than three feet in height along the property lines adjacent to the parking areas and adjacent to the street.

C.

The placement and design of the wall screened berms shall be shown on the landscaping plan and submitted to the planning director for approval.

(Ord. 360 § 1 (part), 1977: prior code § 9406.3(D).)

Exterior lighting is permitted subject to the procedures and regulations in Chapter 19.47 of this code.

(Ord. 360 § 1 (part), 1977: prior code § 9406.3(E).)

(Ord. No. 2004, § 8, 1-11-2023)

Buildings including accessory buildings may cover up to fifty percent of the planned development permit parcel area; except, if covered parking is provided under the principal building, building coverage may be increased by one hundred eighty square feet for every covered parking space, and further provided, that the minimum landscaping is also increased by one percent for every five covered parking spaces provided.

However, in no event shall more than ninety percent of the permit area be used for building structures, parking, and vehicular circulation. In no event shall less than ten percent of the planned development permit area be devoted to landscaping.

(Ord. 360 § 1 (part), 1977: prior code § 9406.3(F).).

All buildings shall be limited to a height of thirty-five feet. Greater heights may be permitted subject to the granting of a conditional use permit.

Rooftop HVAC equipment and the parapet or architectural projections used to screen HVAC equipment are excluded from building height calculations.

(Ord. 360 § 1 (part), 1977: prior code § 9406.3(G).)

(Ord. No. 2007, § 5C, 4-12-2023)

19.22.130 - Landscaping and environmental area.

A.

The purpose of the landscaping requirements shall be to enhance, conserve and stabilize property values by encouraging pleasant and attractive surroundings. Landscaping also contributes to the relief of heat, noise, and glare through the proper placement of green plants and trees.

B.

Landscaping and all other ground space treatment shall be provided upon at least ten percent of the net developed site. All landscaping shall be provided with a permanent irrigation system, and shall be surrounded by a six-inch concrete curb. Landscaping shall be considered actual planting areas of lawn, trees, planter boxes, shrubs, or other plants. Environmental areas shall be considered those spaces related to or integrated with landscaping which provide an interesting complementary design. Courtyards, water ponds, streams, walkways, decks, kiosks, and similar items may be permitted. Such landscaping shall be provided in accordance with the following standards:

1.

Maintenance. Required landscaped areas shall be maintained in a neat, clean, orderly and healthy condition. This is meant to include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the regular watering of all plantings.

2.

Required landscaped areas shall be provided with a suitable, permanent method of irrigation of plants. This irrigation system shall consist of piped water lines terminating in an appropriate number of sprinklers to insure a sufficient amount of water to plants within the landscaped area. Sprinklers shall be so spaced as to assure a complete coverage of the required landscaped area.

The entire front yard setback shall be landscaped with the exception of that area provided for vehicles or pedestrian access and approved on the development plan.

4.

No planting area shall be considered as such unless it contains at least twenty-four square feet of area and is a minimum of four feet in width except raised planting boxes within close proximity to the building.

5.

One tree, fifteen-gallon minimum, of a species approved on final landscaping plan, shall be planted within a minimum thirty-six square-foot area, at every ten rows of single row parking stalls, or at every twenty rows of double row parking stalls.

6.

Each unused space resulting from the design of parking spaces or over twenty-four square feet in area shall be landscaped.

7.

When the commercial development either rears on or sides on a residential zone, or where the P-O zone abuts an alley or developed property adjacent to a residential zone, it shall include a six-foot wide landscaped area to screen the commercial development. The design of the screening shall consist of evergreen trees and shrubs closely spaced.

8.

Landscaping Plan. A plan at a minimum scale of one inch equals thirty feet shall be submitted for approval by the planning director and shall contain the following:

a.

The dimensions and square footage of each planting area;

b.

Identification of each plant, common and botanical name, at the planting area; the number of each and their container size;

c.

The permanent irrigation system, including all pipe sizes and type and size of all sprinkler heads;

d.

Specification sheet indicating the soil preparation and maintenance program for continual maintenance of the landscaping area and any type of guarantee associated with the installation of the landscaping.

(Ord. 360 § 1 (part), 1977: prior code § 9406.3(H).)

Refuse and recycling enclosures shall be provided in accordance with the enclosure provisions of Chapter 19.50 and the following standards:

A.

When an outdoor refuse and recycling storage area is provided, it shall be easily accessible and enclosed on all sides by a minimum six-foot high brick, concrete block or masonry wall. The opening of the storage area shall be screened by a solid gate of durable wood, metal, or comparable material.

B.

In addition, no material or waste shall be deposited in such a form or manner that it may be transferred by natural causes or force, and waste which may cause fumes, dust, or which may constitute a fire hazard or be edible by or otherwise attractive to rodents or insects, shall be stored only in closed containers in required enclosures.

C.

The number and general placement of the enclosures shall be set forth in the CPD permit and approved by the planning commission.

(Ord. 791 § 6, 1993: Ord. 360 § 1 (part), 1977: prior code § 9406.3(I).)

19.22.150 - Utilities.

All utilities shall be placed underground in accordance with provisions of Chapter 13.08.

(Ord. 360 § 1 (part), 1977: prior code § 9406.3(J).)

19.22.160 - Mechanical and electrical equipment and satellite dish antenna.

All mechanical and electrical equipment, including standby generators, and satellite dish antennas shall be screened by landscaping or fence or combination with the design approved by the director of planning and community development, and all rooftop equipment shall be placed behind a permanent parapet wall or equipment screen approved by the director of planning and community development or his designated representative and be completely screened from view at ground level.

For life science applications, venting exhaust may protrude from screening up to five feet above the parapet, as long as it's not visible by line of site from centerline of the right of way, and standby generators may be located within the required parking and/or required landscaping areas.

(Ord. 821 § 3, 1994: Ord. 593 § 12, 1985: Ord. 590 § 12, 1985: Ord. 360 § 1 (part), 1977: prior code § 9406.3(K).)

(Ord. No. 2007, § 5D, 4-12-2023)

19.22.170 - Ramping and equipment for handicapped.

Adequate ramps and equipment shall be provided to accommodate the use of the facility by the handicapped and shall include, but not be limited to, access ramps, rest rooms, drinking fountains, etc.

(Ord. 360 § 1 (part), 1977: prior code § 9406.3(L).)

No building or improvement or portion thereof shall be erected, constructed, converted, established, altered or enlarged; nor shall a lot or premises be used without first obtaining a planned development permit, nor shall an existing building be used for a new use without a certificate of occupancy permit first being obtained.

(Ord. 360 § 1 (part), 1977: prior code § 9406.6.)

The application and development plan shall be reviewed by the planning department in accordance with the administrative procedure. Upon review by the planning department, the application for a planned development permit shall be scheduled for planning commission review.

(Ord. 856 § 6, 1996: Ord. 360 § 1 (part), 1977: prior code § 9406.7.)

19.22.200 - Planning commission review of planned development permit.

A.

Notice of the time and place of the planning commission review of the application and the staff's proposed recommendation shall be given to the applicant.

1.

In considering the approval, denial or modification of an application for a planned development permit, the planning commission shall consider the proposed recommendation of the staff and the following guidelines:

a.

That the degree of compatibility of property uses for which this section is intended to promote and preserve shall be maintained with respect to the particular use on the particular site and consideration of existing and potential uses of property within the zone and the general area in which the use is proposed to be located;

b.

That performance standards and conditions shall be imposed upon uses which without such condition might become obnoxious, dangerous, offensive or injurious to the public health, safety, or welfare, or a portion thereof by reason of the emission of noise, smoke, dust, fumes, vibration, odor or other harmful or annoying substances;

c.

That there shall be maintained the integrity and character of the neighborhood in which the use will be located and the utility and value of property in the neighborhood and in the adjacent zones;

d.

That the use shall be compatible with public interest, health, safety, convenience and general welfare.

2.

The planning commission may attach such conditions and make such modifications, changes or alterations in the proposed application as the commission may determine necessary to carry out the purposes and intent of this zone.

3.

If the proposed planned development would substantially depreciate property values in the vicinity, unreasonably interfere with the use and enjoyment of property in the vicinity by occupants thereof, or would endanger the public peace, health, safety and general welfare, then such proposed planned development shall be rejected, modified or conditioned to remove such objections.

4.

Unless the use is inaugurated or the construction of the structure is commenced and being diligently pursued not later than twelve months after the date the permit is granted, the permit will automatically expire on that date. However, if there have been no changes in the proposed plot plans or adjacent areas, the planning commission may grant additional extensions of time for use inauguration.

5.

Any permit previously or subsequently granted may be revoked by the planning commission or city council after appropriate proceedings, provided herein, for any of the following causes:

a.

That any term or condition of the permit has not been complied with;

b.

That the property subject to the permit, or any portion thereof, is used or maintained in violation of any statute, ordinance, law or regulation in effect at time of approval;

c.

That the use for which the permit was granted has not been exercised for at least twelve consecutive months, has ceased to exist, or has been abandoned;

d.

That the use for which the permit was granted has been so exercised as to be detrimental to the public health or safety, or constitutes a nuisance.

B.

After revocation of a permit, the property affected thereby shall be subject to the regulations of the applicable zone classification.

C.

The failure of the planning commission or city council to revoke a permit whenever due cause exists or occurs does not constitute a waiver of such tight with respect to any subsequent cause for revocation.

(Ord. 856 § 7, 1996: Ord. 360 § 1 (part), 1977: prior code § 9406.8.)

19.22.205 - Planning commission decisions—Appeals—Council review.

A.

Effective Date of Planning Commission Decision. Decisions of the planning commission approving, denying or conditionally approving an application for a plan shall be final and conclusive on the tenth consecutive calendar day following the date of the planning commission's decision, unless an effective timely and complete appeal is filed or a city council review is ordered as provided in this section.

B.

Form of Appeal. Except as provided in subsection D of this section, an appeal from a decision of the planning commission relating to a plan shall not be valid or effective for any purpose unless it meets all of the following requirements:

1.

Each such appeal shall be in writing on a form provided by the director of planning and community development of the city ("director"), and shall identify the planning commission's action to which the appeal relates; and

2.

Each such appeal shall be filed with the director prior to the planning commission decision to which the appeal relates becoming final, as provided in subsection A of this section; and

3.

Each such appeal shall be accompanied by a processing fee in an amount set by the city council; and

4.

Each such appeal is filed by or on behalf of any of the following:

a.

The owner of any real property located within the city, or

b.

A person who lawfully occupies or is entitled to lawfully occupy any real property which is located within three hundred feet of the lot lines of the lot or lots which are the subject of the planned development permit, or

c.

Any interested person.

C.

Effectiveness of an Appeal. No appeal shall be deemed complete nor effective for any purpose unless it complies with all of the provisions of this section.

D.

Review by City Council. Notwithstanding any of the provisions of this section to the contrary, the city council, by majority vote of its total membership and at any time before a planning commission decision becomes final pursuant to subsection A of this section, may issue an order to review, de novo, a planning commission decision relating to a plan ("order of review").

E.

Stay of Proceedings. The timely filing of an effective appeal or the timely adoption by the city council of an order of review shall stay the decision of the planning commission to which the appeal or order of review relates, pending the city council action on the matter.

F.

Action of City Clerk. Upon the timely filing of an effective appeal or the adoption of a timely order of review, the city clerk will:

1.

Set the matter for hearing at the next most convenient meeting of the city council; and

2.

Give written mailed notice of the time and place of the hearing to the appellant, the applicant, and such other persons and entities in accordance with Section 19.84.030 of this code.

G.

Action by the City Council. At the time and place of the hearing on an appeal or an order of review, the city council shall conduct a de novo hearing on the matter, at which time all interested persons shall be allowed to present relevant reliable evidence to the city council. The technical rules of evidence applicable to judicial proceedings need not be observed, provided that the matter is resolved by the city council based upon reliable relevant evidence. The applicant shall have the burden of proof to show the existence of the facts which warrant the granting of the planned development permit.

H.

City Council Decision. The city clerk shall give written notice of the city council's decision to the appellant, the applicant and any other interested person who requests such notice. The city council's determination shall be final and conclusive subject only to judicial review.

(Ord. 856 § 8, 1996.)

(Ord. No. 1153, § 4(K), 5-25-2018)

19.22.210 - Certificate of occupancy.

A.

A certificate of occupancy shall be required for any change in use within a planned development permit. A change in use in an existing building may be approved by the planning director.

B.

An application for a certificate of occupancy may be obtained from the city and shall be accompanied by a description of the proposed usage in sufficient detail to describe fully the nature and extent of the proposed use.

C.

A certificate of occupancy for a use of the land in the P-O zone may be revoked by the city council after a public hearing if the city council finds that the holder of the certificate has failed to comply with the approved plans or conditions attached to the planned development permit.

(Ord. 360 § 1 (part), 1977: prior code § 9406.9.)

Uses expressly prohibited in the P-O zone are:

A.

Industrial and manufacturing uses;

B.

Residential uses;

C.

Retail activities except those expressly permitted.

(Ord. 360 § 1 (part), 1977: prior code § 9406.10.)

Chapter 19.23 - CMU (VILLAGE COMMERCIAL MIXED-USE) ZONE

This zone establishes and provides regulations for the general placement, design, and intensity of uses for the area identified as the village commercial mixed use (CMU) zone. These regulations are intended to protect and preserve the character of the existing uses and to identify the development standards for new uses and buildings within the city. The primary purpose of the CMU zone is to provide for a combination of commercial, office, upper-story residential uses or horizontal mixed-use on larger parcels and compatible related development to promote pedestrian use and enjoyment of the mixed-use area. At the same time, it provides for development programs to complement the area and the city. Additional design guidelines may be adopted to provide further assistance in implementing this zone.

(Ord. 980 § 2 (part), 2005.)

(Ord. No. 1038, § 4, 6-24-2009)

19.23.020 - Uses authorized under a planned development permit.

The following uses are permitted in the CMU zone, if a planned development permit is granted by the planning commission in accordance with this chapter. All uses must conform to the development standards of this chapter, and be conducted wholly within a building, except enterprises customarily conducted in the open (i.e., automobile sales, plant nurseries, restaurants with outside dining):

A.

Antique stores;

B.

Apparel stores;

C.

Appliance, sales and service;

D.

Art studios, galleries;

E.

Arts, crafts, music and photographic supply stores;

F.

Auditoriums, exclusive of tents or temporary structures;

G.

Auction business, when conducted within a building, but excluding livestock sales;

H.

Bakery shops, including outside dining tables;

I.

Banks, savings and loan, credit unions, trust companies;

J.

Barber shops;

K.

Beauty shops and salons;

L.

Bicycle shop;

M.

Blueprinting, photostating and photo finishing facilities;

N.

Bookstores;

O.

Carpet, floor covering and ceramic tile stores;

P.

Chiropractic offices;

Q.

Churches;

R.

Clubs and lodges, private;

S.

Coffee stores, including outside dining tables;

T.

Computer services and sales;

U.

Confectionery stores;

V.

[Intentionally deleted];

W.

Delicatessens, including outside dining tables;

X.

Dressmaking shops;

Y.

Draperies and window coverings, sales;

Z.

Drugstores;

AA.

Dry goods and notions stores;

BB.

Electronics, sales and repairs of televisions, VCR's, stereos, computers and related equipment;

CC.

Fire stations, public buildings, and facilities for federal, state, county and city agencies, not including jails, prisons and other places of confinement;

DD.

Florist shops;

EE.

Food stores;

FF.

Fruit and vegetable stores;

GG.

Furniture and appliance stores;

HH.

Greeting card shops;

II.

Gymnasiums;

JJ.

Grocery stores (maximum size of fifteen thousand square feet);

KK.

Hardware stores;

LL.

Health clubs;

MM.

Historical museums;

NN.

Hotels and motels and senior hotels;

OO.

Ice cream and yogurt shops;

PP.

Interior decorating establishments;

QQ.

Jewelry stores;

RR.

Library;

SS.

(Intentionally omitted);

TT.

Meat markets;

UU.

Medical laboratories;

VV.

Music conservatories and studios;

WW.

Newspaper office, excludes newspaper printing;

XX.

Nurseries, plant;

YY.

Offices, business and professional;

ZZ.

Office, medical and dental;

AAA. Off-street parking;

BBB. Optician;

CCC. Pet shops, pet grooming;

DDD. Plumbing shops;

EEE. Post office;

FFF. Printing shops (i.e., blueprinting, photocopying and offset);

GGG. Photography store, sales and repair of photography equipment and photo processing;

HHH. Photography studios;

III. Radio and television retail sales and repair stores;

JJJ. Restaurants and cafes, including outside dining;

KKK. Retail stores or businesses not involving any kind of manufacturing, processing or treating of products other than that which is clearly incidental to the retail store or business conducted on the premises subject to the following conditions and limitations:

1.

Not more than three persons may be employed in permitted manufacturing processing or treating of products,

2.

The operations and projects may not unreasonably emit noise, odor, dust, smoke, vibration or other objectionable causes;

LLL. Schools;

MMM. Shoe repair shops;

NNN. Small recycling facilities, which do not occupy any required parking;

OOO. Stationery stores;

PPP. Tailor shops;

QQQ. Telephone exchanges;

RRR. Transportation terminal (i.e., bus, taxi, or train);

SSS. Travel agency, ticket office;

TTT. Trophy stores, including plaques and related merchandise;

UUU. Variety stores;

VVV. Wallpaper and paint stores;

WWW. Uses and structures which are incidental or accessory to any of the uses permitted in this zone;

XXX. Video stores, sales and rentals of videos and recorders;

YYY. Other uses which in the judgment of the planning commission are similar to, compatible with, and no more objectionable than any of those enumerated in this chapter in accordance with Chapter 19.60 of this code.

(Ord. 1029 § 4, 2008; Ord. 980 § 2 (part), 2005.)

(Ord. No. 1196, § 5A, 9-14-2022)

19.23.030 - Planned development permit required.

Prior to the issuance of a zoning clearance, a planned development permit is required for the construction, exterior modification or enlargement of any new structure or the use of a lot or premises within the CMU zone in accordance with Section 19.23.200 of this chapter.

(Ord. 980 § 2 (part), 2005.)

19.23.040 - Uses requiring conditional use permits.

The following uses may be permitted in the CMU zone, if a conditional use permit is obtained in the manner provided in Chapter 19.62 of this code:

A.

Public utility buildings and structures;

B.

Building heights greater than two stories or thirty-five feet;

C.

Arcades;

D.

Recycling facilities, intermediate, not to exceed five hundred square feet in accordance with Chapter 19.62 of this code, which do not occupy any required parking;

E.

Drinking establishments, bars, cocktail lounges, brew pubs, taverns;

F.

Residential dwelling units above the first floor of a mixed-use building, as part of a commercial usage;

G.

Alcoholic beverage establishments, off-sale;

H.

Live/work units;

I.

Residential dwelling units as part of a horizontal mixed-use development, on a site consisting of ten acres or more in size.

(Ord. 1029 § 5, 2008; Ord. 980 § 2 (part), 2005.)

(Ord. No. 1038, § 5, 6-24-2009)

19.23.045 - Uses requiring conditional use permits that may be approved at the director level.

The following uses may be permitted in the Village Commercial Mixed-Use (CMU) Zone if a conditional use permit is approved by the director in the manner provided in Chapter 19.62:

A.

Day care nurseries, short-term, providing care for more than six children subject to the standards of Section 19.62.165.

(Ord. No. 1196, § 5B, 9-14-2022)

Signs may be erected in the CMU zone in accordance with Title 17 of this code and any other guidelines adopted by the city relating to the design and placement of signs.

(Ord. 980 § 2 (part), 2005.)

19.23.060 - Property development and performance standards.

The property development and performance standards set forth in Sections 19.26.065 through 19.26.180 of this code will apply to all lots and premises in the CMU zone.

(Ord. 980 § 2 (part), 2005.)

All uses within the CMU zone must operate in accordance with the performance standards contained in Chapter 19.54 of this code.

(Ord. 980 § 2 (part), 2005.)

19.23.070 - Lot area and parcel dimensions.

All lots hereafter created must meet the following minimum standards:

A.

Minimum zone area is ten thousand square feet, which may consist of one or more lots or parcels, exclusive of public right-of-way dedicated for road purposes or proposed road purposes. If more than one parcel exists, however, the design of the development must be integrated and unified by the utilization of architectural and landscaping design to the satisfaction of the planning commission.

B.

Minimum width of lots is one hundred feet.

C.

Minimum depth of lots measured at right angles to the front property line is one hundred feet.

(Ord. 980 § 2 (part), 2005.)

The planning commission, in their review, must determine the yard requirements based on the height and bulk of the building and adjoining land uses and the intent of the zone, which requirements may not be below the following minimum standards:

A.

Front Yard. Buildings may be constructed up to the front property line or right-of-way, whichever is greater. Parking areas must be set back a minimum of five feet.

B.

Side Yard. No interior side yards are required. The side yard adjacent to a public road must meet the front yard setback requirements.

C.

Rear Yard. Rear yard must be no less than ten feet with consideration given to providing adequate access for service vehicles. If the building height is in excess of twenty-five feet, the setback must be increased by ten feet for each ten feet of building height or portion thereof to a yard area not to exceed fifty feet.

D.

General Yard Uses. Outside dining, parking of automobiles, and landscaping may be conducted on the site; whereas all other operations and display must be conducted in a completely enclosed building.

E.

Architectural Features. Nonstructural architectural features may project into the public right-of-way, up to three feet when approved as part of the planned development permit and encroachment permit.

(Ord. 980 § 2 (part), 2005.)

19.23.090 - Off-street parking.

Off-street parking must comply with the requirements of Chapter 19.44 of this code.

(Ord. 980 § 2 (part), 2005.)

19.23.095 - Off-street loading area.

Off-street loading must comply with the requirements of Chapter 19.46 of this code.

(Ord. 980 § 2 (part), 2005.)

19.23.100 - Fences and walls.

A.

Whenever the CMU zone abuts on a residential zone, a solid decorative masonry screen wall of six feet in height must be erected along the property line abutting the residential zone, unless the residential area has been integrated into the project design as considered and approved as part of the planned development permit.

B.

Whenever the parking or circulation area abuts a public street, there must be a low wall and landscaped hedge, not greater than three feet in height (except architectural features such as pilasters, as approved as part of the planned development permit), along the property lines adjacent to the parking area adjacent to the street.

C.

The placement and design of walls and screen berms must be submitted to and approved by the director of community development or be part of the approved planned development permit approved by the planning commission.

(Ord. 980 § 2 (part), 2005.)

Exterior lighting is permitted subject to the procedures and regulations in Chapter 19.47 of this code.

(Ord. 980 § 2 (part), 2005.)

(Ord. No. 2004, § 9, 1-11-2023)

Buildings and other structures may not occupy more than fifty percent of the area for which the planned development permit is issued, where other sections of the code are met and with which all standards have been complied. The remaining area may be used for landscaping, automobile parking and circulation, and must be completely improved for these purposes.

(Ord. 980 § 2 (part), 2005.)

All buildings are limited to two stories and may not exceed a height of thirty-five feet, exclusive of architectural features, as approved under the planned development permit. Greater building heights or number of stories may be permitted subject to the granting of a conditional use permit.

(Ord. 980 § 2 (part), 2005.)

Residential units approved under a conditional use permit in the CMU zone are subject to the following standards:

A.

Location. Where residential units are provided they shall be located above the ground floor in order to maintain the commercial use of the building on the street level, unless where permitted for horizontal mixed-use development. Residential units must have a separate and secured entrance and exit from the commercial areas.

B.

Parking. The base requirement for a mixed-use development shall comply with the residential and commercial parking standards set forth in Chapter 19.44 of this code.

C.

Lighting. All exterior lighting must be sufficient to establish a sense of well being to the pedestrian. A minimum of one-foot candle must be provided at the ground level for all exterior doorways and vehicular parking areas.

D.

Refuse Storage and Location. An adequate refuse storage area must be provided for the residential use. This may be required to be separated from the commercial area depending upon the size of the development.

E.

Usable Outdoor Area. Each unit must include a deck or balcony to provide an exterior area for the unit. The minimum dimension of a deck or balcony is seven feet, six inches. Reasonable access from the unit must be provided. A minimum area of the exterior space is one hundred square feet.

F.

Recreation Area. Recreation space, including recreational facilities for children, shall be provided for the residential units under a conditional use permit.

G.

Pedestrian and Vehicular Connections. Buildings are to be connected by attractive and convenient pedestrian pathways and vehicular circulation systems.

H.

Development shall be designed to promote compatibility between residential uses and surrounding uses to reduce possible conflicts due to noise, vibration, lighting, odor and other nuisances.

I.

Live/work units shall provide an area devoted to the commercial use located on the ground floor of not less than 500 square feet.

J.

Horizontal mixed-use developments. In addition to all other requirements set forth in this section, horizontal mixed-use developments shall comply with the following standards:

1.

Buildings shall be designed to a human scale and be connected by a uniform architectural theme to provide a sense of visual connection.

2.

Shared access and parking areas shall be provided where feasible.

3.

The residential portion of the site shall provide common usable open space in accordance with the RPD Zone requirements.

Landscape plans shall be designed to provide well connected spaces and unify different project elements to enhance the pedestrian environment.

5.

The residential portion of the site shall have a density not to exceed 18 dwelling units per acre.

(Ord. 980 § 2 (part), 2005.)

(Ord. No. 1038, §§ 6, 7, 6-24-2009)

19.23.136 - Day care within residential units.

Small family day care and large family day care uses are permitted within residential units that are in compliance with this chapter.

(Ord. No. 1171, § 3I, 3-25-2020)

19.23.140 - Landscaping and environmental area.

A.

The purpose of the landscaping requirements is to enhance, conserve and stabilize property values by encouraging pleasant and attractive surroundings. Landscaping also contributes to the relief of heat, noise and glare through the proper placement of green plants and trees.

B.

Landscaping and all other ground space treatment must be provided upon the net developed site. Landscaping includes the actual planting areas of lawn, trees, planter boxes, shrubs, or other plants. Landscaping must be surrounded by six-inch masonry curb, walk or building. Courtyards, water ponds, streams, walkways, decks, kiosks and similar items may be permitted. All landscaping must comply with the following standards:

1.

Maintenance. Required landscaped areas must be maintained in a neat, clean, orderly and healthy condition. This includes proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacing of plants when necessary and regular watering of all plantings.

2.

Required landscaped areas must be provided with a suitable, permanent method of watering of plants. This watering system must consist of piped water lines terminating in an appropriate number of sprinklers or emitters to ensure a sufficient amount of water for plants within the landscaped area. Sprinklers or emitters must be spaced so as to assure a complete coverage of the required landscaped area.

3.

The parking area setback must be landscaped with the exception of the area provided for vehicles or pedestrian access.

4.

No planting area will be considered a landscaped area, unless it contains at least twenty-four square feet in area and is a minimum of four feet in width, except raised planting boxes within close proximity to the building.

5.

One tree, fifteen gallons minimum, of a species approved on final landscaping plan must be planted within a minimum sixty-inch wide planter area at every ten rows of single-row parking stalls, or at every twenty rows of double-row parking stalls.

6.

Each unused space resulting from the design of parking spaces or over twenty-four square feet in area must be landscaped.

7.

When the commercial development abuts a residential zone, or where the CMU zone abuts an alley or development property, adjacent to a residential zone, it must include a six-foot wide landscaped area to screen the commercial development. The design of the screening must consist of trees and shrubs closely spaced.

8.

Landscaping Plan. A landscaping plan at a minimum scale of one inch equals thirty feet must be submitted for approval by the director of community development and must contain the following:

a.

The dimensions and square footage of each planting area;

b.

The total square footage of each planting area;

c.

Identification of each plant, common and botanical names at the planting area, and the number of each and their container size

d.

The permanent watering system, including all pipe sizes, and type and size of all sprinkler heads or emitters;

e.

Specification sheet indicating the soil preparation and maintenance program for continual maintenance of the landscaping area and any type of guarantee associated with the installation of the landscaping.

(Ord. 980 § 2 (part), 2005.)

Refuse and recycling enclosures must be provided in accordance with Chapter 19.50 of this code and the following standards:

A.

Each commercial development established must provide an outdoor refuse and recycling storage area, which is easily accessible and enclosed on all sides by a minimum of six-foot high brick, concrete block, or masonry wall in accordance with city approved standard design. The opening of the storage area must be screened by a solid gate of durable wood, metal, or comparable material. The enclosure must be covered by a solid roof.

B.

In addition, no material or waste may be deposited in such a form or manner that allows it to be transferred by natural causes or force. Any waste which may cause fumes, dust, or constitute a fire hazard or be edible by or otherwise attractive to rodents or insects, must be stored only in closed containers in required enclosures.

C.

The number and general placement of the enclosures will be set forth in the planned development permit.

(Ord. 980 § 2 (part), 2005.)

All utilities must be placed underground in accordance with Chapter 18.08 of this code.

(Ord. 980 § 2 (part), 2005.)

All mechanical and electrical equipment, and satellite dish antenna (except dishes less than one meter in diameter), must be screened by landscaping or fence screen wall or combination of design, and all rooftop equipment must be placed behind a permanent parapet wall or equipment screen approved by the director and be completely screened from view at ground level.

(Ord. 980 § 2 (part), 2005.)

Adequate ramps and equipment must be provided to accommodate the use of the facility by the handicapped and must include, but not be limited to, access ramps, restrooms, drinking fountains etc.

(Ord. 980 § 2 (part), 2005.)

No building or improvement or portion thereof shall be erected, constructed, converted, established, or enlarged; nor shall a lot or premises be used without first obtaining a planned development permit.

(Ord. 980 § 2 (part), 2005.)

19.23.195 - Planned development permit—Application.

A.

An application for a planned development permit must be filed with the department on a form provided and must include the following:

1.

An accurately-dimensioned plot plan showing existing and proposed topography, all proposed building, parking, landscaping areas, walls and all existing or proposed streets within one hundred-foot radius of the property.

2.

The dimension of all yards, setbacks, parking area, driveways and square footage of all building landscaping and building coverage.

3.

The elevation of all buildings proposed with a notation of the type of material proposed in addition to a color and material sample.

(Ord. 980 § 2 (part), 2005.)

19.23.200 - Planned development permit—Notice of planning commission review.

The department shall provide notice of the date, time and place of the planning commission's review of the application and the staff's proposed recommendation to the applicant.

(Ord. 980 § 2 (part), 2005.)

In considering the approval, denial, or modification of an application for a planned development permit, the planning commission must consider the proposed recommendation of the staff and the following guidelines:

A.

The degree of compatibility of property uses for which this chapter is intended to promote and preserve should be maintained with respect to the particular use on the particular site and consideration given to the

existing and potential uses of property within the zone and the general area in which the use is proposed to be located.

B.

Performance standards and conditions must be imposed upon uses which without such condition might become obnoxious, dangerous, offensive or injurious to the public health, safety, or welfare or a portion thereof by reason of the emission of noise, smoke, dust, fumes, vibration, odor or other harmful or annoying substances.

C.

The integrity and character of the neighborhood in which the use will be located should be maintained, including the utility and value of property in the neighborhood and in the adjacent zones.

D.

The use must be compatible with public interest, health, safety, convenience and general welfare.

E.

The development is in accordance with any adopted guidelines for the area for properties within a redevelopment area.

(Ord. 980 § 2 (part), 2005.)

19.23.220 - Planned development permit—Conditions to application.

The planning commission may attach such conditions and make such modifications, changes or alterations in the proposed application as the commission may determine necessary to carry out the purposes of this zone.

(Ord. 980 § 2 (part), 2005.)

19.23.230 - Planned development permit—Rejection or modification.

If the proposed planned development would substantially depreciate property values in the vicinity, unreasonably interfere with the use and enjoyment of property in the vicinity by occupants thereof, or would endanger the public peace, health, safety and general welfare, then such proposed planned development must be rejected, modified or conditioned to remove such objections or denied.

(Ord. 980 § 2 (part), 2005.)

19.23.240 - Planned development permit—Time extensions.

Unless the construction of the structure is commenced and being diligently pursued not later than twelve months after the date the permit is granted, the permit will automatically expire on that date. However, if there have been no changes in the proposed plot plans or adjacent areas, the planning commission or the director when authorized, may grant additional extensions of time for the commencement of the project.

(Ord. 980 § 2 (part), 2005.)

A.

Effective Date of Planning Commission's Decision. Decisions of the planning commission in approving, denying or conditionally approving an application for a planned development permit will be final and conclusive on the tenth consecutive calendar day following the date of the planning commission's decision, unless an effective timely and complete appeal is filed or a city council review is ordered as provided in this section.

B.

Form of Appeal. Except as provided in subsection D of this section, an appeal from a decision of the planning commission relating to a permit will not be valid or effective for any purpose, unless it meets all of the following requirements:

1.

The appeal must be in writing on a form provided by the director and must identify the planning commission's action to which the appeal relates.

2.

The appeal must be filed with the director prior to the date on which the planning commission's decision, to which the appeal relates, becomes final.

3.

The appeal must be accompanied by a processing fee in an amount set by the city council.

4.

The appeal must be filed by the applicant or any interested person.

C.

Effectiveness of an Appeal. No appeal may be deemed complete nor effective for any purpose, unless it complies with all of the provisions of this section.

D.

Review by City Council. Notwithstanding any of the provisions of this section, the city council, by majority vote of its total membership and at any time before planning commission's decision becomes final, may issue an order to review, de novo, a planning commission's decision relating to a planned development permit (order of review).

E.

Stay of Proceedings. The timely filing of an effective appeal or the timely adoption by the city council of an order of review will stay the decision of the planning commission to which the appeal or order of review relates, pending the city council's action on the matter.

F.

Action of City Clerk. Upon the timely filing of an effective appeal or the adoption of a timely order of review, the city clerk will:

1.

Set the matter for hearing at the next most convenient meeting of the city council; and

2.

Give written mailed notice of the time and place of the hearing to the appellant, the applicant, and such other persons and entities in accordance with Section 19.84.030 of this code.

G.

Action by the City Council. At the time and place of the hearing on an appeal or an order of review, the city council must conduct a de novo hearing on the matter, at which time all interested persons will be allowed to present relevant reliable evidence to the city council. The technical rules of evidence applicable to judicial proceedings need not be observed; provided, that the matter is resolved by the city council based upon reliable relevant evidence. The applicant has the burden of proof to show the existence of facts, which warrant the granting of the planned development permit.

H.

City Council's Decision. The city clerk must give written notice of the city council's decision to the appellant, the applicant and any other interested person who requests such notice. The city council's determination must be final and conclusive subject only to judicial review.

(Ord. 980 § 2 (part), 2005.)

(Ord. No. 1153, § 4(L), 5-25-2018)

19.23.260 - Planned development permit—Revocation.

A.

Any permit granted may be revoked by the planning commission or city council after appropriate proceedings, provided in this chapter, for any of the following causes:

1.

That any term or condition of the permit has not been complied with.

2.

That the property subject to the permit, or any portion thereof, is used or maintained in violation of any statute, ordinance, law or regulation in effect at time of approval or subsequently made applicable.

3.

That the use for which the permit was granted has not been exercised for at least twelve consecutive months or has ceased to exist, or has been abandoned.

4.

That the use for which the permit was granted has been exercised as to be detrimental to the public health or safety, or as to constitute a nuisance.

B.

After revocation of a permit, the property affected thereby must be subject to the current regulations of the applicable zone classification.

C.

The failure of the planning commission or city council to revoke a permit whenever due cause exists or occurs does not constitute a waiver of such right with respect to any subsequent cause for revocation.

(Ord. 980 § 2 (part), 2005.)

A.

A certificate of occupancy is required for any change in use within a planned development permit. A change in use in an existing building may be approved by the director of community development.

B.

An application for a certificate of occupancy must be accompanied by:

1.

A description of the proposed commercial operation in sufficient detail to describe fully the nature and extent of the proposed use.

C.

A certificate of occupancy for a use of the land in the CMU zone may be revoked by the city council after a public hearing, if the city council finds that the holder of the certificate has failed to comply with approved plans.

(Ord. 980 § 2 (part), 2005.)

The uses expressly prohibited in the CMU zone are industrial, manufacturing, and drive-thru uses.

(Ord. 980 § 2 (part), 2005.)

Chapter 19.24 - C-N COMMERCIAL NEIGHBORHOOD ZONE

A.

The commercial neighborhood zone is to provide facilities supplying both daily convenience goods and services as well as to provide an environment of a stable, desirable character which will be in harmony with existing and potential development of surrounding neighborhoods and which may be located in or adjacent to residential areas.

B.

In order to produce commercial neighborhood centers which meet modern environment and design standards, each center shall be approved only under a planned development permit.

(Ord. 296 § 1 (part), 1975: prior code § 9407.)

The following uses are permitted in the C-N zone, if a planned development permit is obtained from the planning commission in the manner provided for in this zone:

A.

Barbershop;

B.

Bank, savings and loan association, trust company;

C.

Beauty parlor;

D.

Church or other place of worship;

E.

Drugstore;

F.

Dry cleaning and laundry pickup station, self-service;

G.

Food store, retail only, including bakery, delicatessen, grocery, meat, seafood, and vegetable;

H.

Garden supply store, including nursery stock;

I.

Library;

J.

Nursery, children's day;

K.

Office, architectural, engineering, legal, or other professional, real estate, insurance;

L.

Office, medical, dental, osteopathic, optician, optometrist and clinics;

M.

Off-street parking (serving permitted uses);

N.

Optical goods, retail sales;

O.

Park, playground, or playfield;

P.

Post office;

Q.

Reading room;

R.

Restaurant (excluding drive-in);

S.

Travel agencies;

T.

Uses and structures which are incidental or accessory to any of the uses permitted in this zone;

U.

Similar uses or related uses to the above may be approved under a planned development permit by the planning commission or city council upon a finding of similarity and compatibility with similar uses and the intent and purpose of the zone;

V.

Agricultural uses, temporary agricultural uses and stands, subject to the following conditions and limitations:

1.

Growing agricultural crops and accessory structures are permitted uses, but no poultry or animals shall be raised or kept except as otherwise permitted by this chapter.

(Ord. 512 § 8, 1982: Ord. 493 § 1 (part), 1981; Ord. 296 § 1 (part), 1975: prior code § 9407.1.)

19.24.025 - Uses subject to a conditional use permit.

The following uses may be permitted in the C-N zone if a conditional use permit is obtained in the manner provided and in accordance with the requirements set forth in Chapter 19.62 and such use conforms to every term and condition of the permit:

A.

Temporary agricultural stands;

B.

Intermediate recycling facilities which are incidental or accessory to any of the uses permitted in this zone;

C.

[Intentionally deleted];

D.

The concurrent use of an off-sale alcoholic beverage establishment with a grocery store or drug store.

(Ord. 1029 § 6, 2008; Ord. 660 § 3, 1988; Ord. 640 § 2, 1987; Ord. 512 § 11 (part), 1982.)

(Ord. No. 1196, § 6A, 9-14-2022)

The following uses may be permitted in the Commercial Neighborhood (C-N) Zone if a conditional use permit is approved by the director in the manner provided in Chapter 19.62:

A.

Day care nurseries, short-term, providing care for more than six children subject to the standards of Section 19.62.165.

(Ord. No. 1196, § 6B, 9-14-2022)

19.24.030 - Property development and performance standards.

The property development and performance standards set forth in Sections 19.24.040 through 19.24.150 shall apply to all lots and premises in the C-N commercial neighborhood zone.

(Ord. 296 § 1 (part), 1975: prior code § 9407.2(part).)

19.24.035 - Commercial/industrial performance standards.

All uses within the C-N commercial neighborhood zone shall operate in accordance with the provisions of the performance standards contained in chapter 19.54 of this code.

(Ord. 763 § 10, 1992.)

19.24.040 - Lot area and parcel dimensions.

All lots hereafter created shall contain the following minimum standards:

A.

Minimum lot area shall be one acre, exclusive of any public right-of-way dedicated for road purposes. Maximum area shall be five acres.

B.

Minimum width of lot shall be one hundred fifty feet, excepting corner lots shall be one hundred seventy feet.

C.

Minimum depth of lots measured at right angles to the front property line shall be two hundred feet.

(Ord. 296 § 1 (part), 1975: prior code § 9407.2(A).)

The planning commission shall determine the yard requirements based on the height, bulk of building and adjoining land uses and the intent of the zone but in no case below the minimum standards set forth as follows:

A.

Front yard shall be not less than fifteen feet from the existing or proposed right-of-way line whichever is greater. The front yard shall be landscaped.

B.

Side yard shall be not less than ten feet with the side yard on a side street being landscaped.

C.

Rear yard shall be not less than ten feet with consideration given to providing adequate access for service vehicles.

D.

General Yard Uses. All operations and uses of yards except parking, landscaping, recreation and loading uses shall be conducted in a completely enclosed building. No outdoor storage shall be permitted except for waste contained in an approved enclosure.

(Ord. 296 § 1 (part), 1975: prior code § 9407.2(B).)

A.

All parking areas shall be improved in accordance with the parking provisions, Chapter 19.44.

B.

The planning commission may add or modify landscaping or other features to insure compatibility with the area in which the use is proposed to be placed.

C.

All loading areas shall be clearly marked with proper access for ingress and egress.

(Ord. 296 § 1 (part), 1975: prior code § 9407.2(C).)

Off-street loading shall be in accordance with the loading provisions and standards set forth under the loading chapter of this title (Chapter 19.46).

(Ord. 588 § 2, 1985.)

19.24.070 - Fences and walls.

A.

A six-foot solid decorative screen wall shall be provided and maintained on the side and rear yard boundary line of the C-N commercial neighborhood zone and any residential zone.

B.

A low screen berm wall or landscape hedge, not greater than three feet, shall be provided between the parking area and existing or planned public right-of-way. The design and type of screening shall be approved by the planning commission.

(Ord. 296 § 1 (part), 1975: prior code § 9407.2(D).)

Exterior lighting is permitted subject to the procedures and regulations in Chapter 19.47 of this code.

(Ord. 296 § 1 (part), 1975: prior code § 9407.2(E).)

(Ord. No. 2004, § 10, 1-11-2023)

Lot area coverage by building shall not exceed thirty percent of the site area and such coverage shall be measured from the exterior wall area of the building proposed.

(Ord. 296 § 1 (part), 1975: prior code § 9407.2(F).)

Buildings shall have a maximum height of twenty-five feet and no more than two stories.

(Ord. 296 § 1 (part), 1975: prior code § 9407.2(G).)

The purpose of the landscaping requirements shall be to enhance, conserve and stabilize property values by encouraging pleasant attractive surroundings. Landscaping also contributes to the relief of heat, noise and glare through the proper placement of green plants and trees. Landscaping and all other ground space treatment shall be provided upon at least ten percent of the net developed site. All landscaping shall be provided with a permanent watering system, shall be surrounded by a six-inch concrete curb. Landscaping shall be considered actual planting areas of lawn, trees, shrubs, or other plants. Environmental areas shall be considered those spaces related to or integrated with landscaping which provides an interesting complementary design. Courtyards, water ponds, streams, walkways, decks, kiosks and similar items may be permitted. Such landscaping shall be provided in accordance with the following standards:

A.

Maintenance. Required landscaped areas shall be maintained in a neat, clean, orderly and healthy condition. This is meant to include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the regular watering of all plantings.

B.

Required landscaped areas shall be provided with a suitable, permanent method of watering of plants. This watering system shall consist of piped water lines terminating in an appropriate number of sprinklers to insure a complete coverage of the landscaped area.

C.

The entire front yard setback shall be landscaped with the exception of that area provided for vehicles or pedestrian access.

D.

No planting area shall be considered as such unless it contains at least twenty-four square feet of area and is a minimum of four feet in width, except raised planting boxes within close proximity to the building.

E.

One tree fifteen-gallon minimum of a species approved on the final landscaping plan shall be planted within a minimum thirty-six square-foot area, at every ten rows of single row parking stalls, or at every twenty rows of double row parking stalls.

F.

Each unused space resulting from the design of parking spaces or accessory structures over twenty-four square feet in area shall be landscaped.

G.

When the commercial development either rears on or sides on a residential zone, or where the C-N zone abuts an alley or developed property, adjacent to a residential zone, it shall include a six-foot wide landscaped area to screen the commercial development. The design of the screening shall consist of evergreen trees or shrubs closely spaced.

H.

Landscaping Plan. A plan at a minimum scale of one inch equals thirty feet shall be submitted for approval by the planning director and shall contain the following:

1.

The dimensions and square footage of each planting area;

2.

The total square footage and percentage of the net developed site devoted to landscaping;

3.

Identification of each plant, common and botanical name, at the planting area; the number of each and their container size;

4.

The permanent watering system, including all pipe sizes, and type and size of all sprinkler heads;

Specification sheet indicating the soil preparation and maintenance program for continual maintenance of the landscaping area and any type of guarantee associated with the installation of the landscaping.

(Ord. 296 § 1 (part), 1975: prior code § 9407.2(H).)

Refuse and recycling enclosures shall be provided in accordance with the enclosure provisions of Chapter 19.50 and the following standards:

A.

Each commercial development established shall provide an outdoor refuse and recycling storage area which shall be easily accessible and enclosed on all sides by a minimum six-foot high brick, concrete block or masonry wall. The opening of the storage area shall be screened by a solid gate of durable wood, metal, or comparable material.

B.

In addition, no material or waste shall be deposited in such a form or manner that it may be transferred by natural causes or force, and waste which may cause fumes, dust, or which may constitute a fire hazard or be edible by or otherwise attractive to rodents or insects, shall be stored only in closed containers in required enclosures.

C.

The number and general placement of the enclosures shall be set forth in the planned development permit and approved by the planning commission.

(Ord. 791 § 7, 1993: Ord. 296 § 1 (part), 1975: prior code § 9407.2(J).)

19.24.130 - Utilities.

All utilities shall be placed underground in accordance with provisions of Chapter 13.08.

(Ord. 296 § 1 (part), 1975: prior code § 9407.2(1).)

19.24.140 - Mechanical and electrical equipment and satellite dish antennae.

All mechanical and electrical equipment and satellite dish antennas shall be screened by landscaping or fence or combination with the design approved by the director of planning and community development, and all rooftop equipment shall be placed behind a permanent parapet wall or equipment screen approved by the director of planning and community development or his designated representative and be completely screened from view at ground level.

(Ord. 821 § 5, 1994: Ord. 593 § 13, 1985: Ord. 590 § 13, 1985: Ord. 296 § 1 (part), 1975: prior code § 9407.2(J).)

19.24.150 - Ramping and equipment for handicapped.

Adequate ramps and equipment shall be provided to accommodate the use of the facility by the handicapped and shall include, but not be limited to, access ramps, restrooms, drinking fountains, etc.

(Ord. 296 § 1 (part), 1975: prior code § 9407.2(K).)

No building or improvement or portion thereof shall be erected, constructed, converted, established, altered or enlarged, nor shall a lot or premises be used without first obtaining a planned development permit, nor shall an existing building be used for a new use without an occupancy permit first being obtained.

(Ord. 296 § 1 (part), 1975: prior code § 9407.3.)

19.24.170 - Application for planned development permit.

A.

An application for a planned development permit shall be filed with the planning department in the form set forth herein and shall include a development plan containing the following:

1.

An accurately dimensioned plot plan showing existing and proposed topography, all proposed building, parking, landscaping areas, walls and all existing or proposed streets within a three hundred-foot radius of the property;

2.

The dimension of all yards, setbacks, parking area, driveways and square footage of all building landscaping and building coverage;

3.

The elevation of all buildings proposed with a notation of the type of material proposed in addition to a color board and material sample.

B.

The application and development plan shall be reviewed by the planning department and its proposed recommendations shall be prepared and submitted to the planning commission along with the development plan for their consideration.

(Ord. 296 § 1 (part), 1975: prior code § 9407.4.)

19.24.180 - Planned development permit—Planning commission review.

Notice of the time and place of the planning commission review of the application and the staff's proposed recommendation shall be given to the applicant.

(Ord. 296 § 1 (part), 1975: prior code § 9407.5 (part).)

In considering the approval, denial or modification of an application for a planned development permit, the planning commission shall consider the proposed recommendation of the staff and the following guidelines:

A.

The degree of compatibility of property uses which this chapter is intended to promote and preserve shall be maintained with respect to the particular use on the particular site and consideration of existing and potential uses of property within the zone and the general area in which the use is proposed to be located;

B.

Performance standards and conditions shall be imposed upon uses which without such a condition might become obnoxious, dangerous, offensive or injurious to the public health, safety, or welfare or a portion thereof by reason of the emission of noise, smoke, dust, fumes, vibration, odor, or other harmful or annoying substances;

C.

There shall be maintained the integrity and character of the neighborhood in which the use will be located and the utility and value of property in the neighborhood and in the adjacent zones; and

D.

The use shall be compatible to the public interest, health, safety, convenience and general welfare.

(Ord. 296 § 1 (part), 1975: prior code § 9407.5(A).)

The planning commission may attach such conditions and make such modifications, changes or alterations in the proposed application as the commission may determine necessary to carry out the purposes and intent of this zone.

(Ord. 296 § 1 (part), 1975: prior code § 9407.5(B).)

If the proposed planned development would substantially depreciate property values in the vicinity or would unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes, or would endanger the public peace, health, safety or general welfare, such proposed planned development shall be rejected or modified, or conditioned so as to remove such objections.

(Ord. 296 § 1 (part), 1975: prior code § 9407.5(C).)

19.24.220 - Planned development permit—Expiration of permit.

Unless the use is inaugurated, or the construction of the structure is commenced and being diligently pursued not later than twelve months after the date the permit is granted, the permit will automatically expire on that date; however, if there have been no changes in the proposed plot plans or adjacent areas, the planning commission may grant additional extensions of time for use inauguration.

(Ord. 296 § 1 (part), 1975: prior code § 9407.5(D).)

19.24.230 - Planning commission decisions—Appeals—Council review.

A.

Effective Date of Planning Commission Decision. Decisions of the planning commission approving, denying or conditionally approving an application for a plan shall be final and conclusive on the tenth consecutive calendar day following the date of the planning commission's decision, unless an effective timely and complete appeal is filed or a city council review is ordered as provided in this section.

B.

Form of Appeal. Except as provided in subsection D of this section, an appeal from a decision of the planning commission relating to a planned development permit shall not be valid or effective for any purpose unless it meets all of the following requirements:

1.

Each such appeal shall be in writing on a form provided by the director of planning and community development of the city ("director"), and shall identify the planning commission's action to which the appeal relates; and

2.

Each such appeal shall be filed with the director prior to the planning commission decision tow which the appeal relates becoming final, as provided in subsection A of this section; and

3.

Each such appeal shall be accompanied by a processing fee in an amount set by the city council; and

4.

Each such appeal is filed by or on behalf of any of the following:

a.

The owner of any real property located within the city, or

b.

A person who lawfully occupies or is entitled to lawfully occupy any real property which is located within three hundred feet of the lot lines of the lot or lots which are the subject of the planned development permit, or

c.

Any interested person.

C.

Effectiveness of an Appeal. No appeal shall be deemed complete nor effective for any purpose unless it complies with all of the provisions of this section.

D.

Review by City Council. Notwithstanding any of the provisions of this section to the contrary, the city council, by majority vote of its total membership and at any time before a planning commission decision becomes final pursuant to subsection A of this section, may issue an order to review, de novo, a planning commission decision relating to a plan ("order of review").

E.

Stay of Proceedings. The timely filing of an effective appeal or the timely adoption by the city council of an order of review shall stay the decision of the planning commission to which the appeal or order of review relates, pending the city council action on the matter.

F.

Action of City Clerk. Upon the timely filing of an effective appeal or the adoption of a timely order of review, the city clerk will:

1.

Set the matter for hearing at the next most convenient meeting of the city council; and

2.

Give written mailed notice of the time and place of the hearing to the appellant, the applicant, and such other persons and entities in accordance with Section 19.84.030 of this code.

G.

Action by the City Council. At the time and place of the hearing on an appeal or an order of review, the city council shall conduct a de novo hearing on the matter, at which time all interested persons shall be allowed to present relevant reliable evidence to the city council. The technical rules of evidence applicable to judicial proceedings need not be observed, provided that the matter is resolved by the city council based upon reliable relevant evidence. The applicant shall have the burden of proof to show the existence of the facts which warrant the granting of the planned development permit.

H.

City Council Decision. The city clerk shall give written notice of the city council's decision to the appellant, the applicant and any other interested person who requests such notice. The city council's determination shall be final and conclusive subject only to judicial review.

(Ord. 856 § 9, 1996: Ord. 296 § 1 (part), 1975: prior code § 9407.5(E).)

(Ord. No. 1153, § 4(M), 5-25-2018)

A.

Any permit heretofore or hereafter granted may be revoked by the planning commission or city council after appropriate proceedings as herein provided for any of the following causes:

1.

That any term or condition of the permit has not been complied with;

2.

That the property subject to the permit, or any portion thereof, is used or maintained in violation of any statute, ordinance, law or regulation;

3.

That the use for which the permit was granted has not been exercised for at least twelve consecutive months or has ceased to exist, or has been abandoned;

4.

That the use for which the permit was granted has been so exercised as to be detrimental to the public health or safety, or as to constitute a nuisance.

B.

After revocation of a permit, the property affected thereby shall be subject to the regulations of the applicable zone classification. The failure of the planning commission or city council to revoke a permit whenever cause therefor exists or occurs does not constitute a waiver of such right with respect to any subsequent cause for revocation.

(Ord. 296 § 1 (part), 1975: prior code § 9407.5(F).)

A.

A certificate of occupancy shall be required for any change in use within a planned development permit. A change in use in an existing building may be approved by the planning director.

B.

An application for a certificate of occupancy shall be accompanied by:

A description of the proposed use in sufficient detail to describe fully the nature and extent of the proposed use.

C.

A certificate of occupancy for a use of the land in the C-N zone may be revoked by the city council after a public hearing if the city council finds that the holder of the certificate has failed to comply with the approved plans.

(Ord. 296 § 1 (part), 1975: prior code § 9407.6.)

Uses expressly prohibited in the C-N zone are:

A.

Single-family dwellings;

B.

Multiple-family dwellings and motels;

C.

Industrial uses and manufacturing.

(Ord. 296 § 1 (part), 1975: prior code § 9407.7.)

Chapter 19.25 - COT (CAMARILLO OLD TOWN) ZONE

The intent of this zone is to establish and provide regulations for the general placement, design, and intensity of uses for the area identified as the Camarillo Old Town. The establishment of these regulations are intended to protect and preserve the character of the existing uses and to identify the development standards for new uses and buildings within the old town area. The COT (Camarillo old town) Zone recognizes the distinction between this business area, and those established prior to the site planning principles used in later commercial areas. At the same time it provides for development programs to complement the area and the city. Other design guidelines may be adopted to provide further assistance in implementing this zone.

(Ord. 898 § 1 (part), 1998.)

The following uses are permitted in the COT zone when such use and location conform to every term and condition of the planned development permit issued for the development where the use is to be conducted. New developments are required to obtain a planned development permit in accordance with the provisions of this chapter. All uses shall conform with the development standards of this chapter and be conducted

wholly within a building, except enterprises customarily conducted in the open (i.e., automobile sales, plant nurseries, restaurants with outside dining):

1.

Antique stores;

2.

Apparel stores;

3.

Appliance, sales and service;

4.

Art studios, galleries;

5.

Auditoriums, exclusive of tents or temporary structures;

6.

Auction business, when conducted within a building, but excluding livestock sales;

7.

Automobile service stations, including the retail sale of motor vehicle fuel and repairs for motor vehicles (including indoor facilities for lubrication, battery and brake service, tire sales, minor adjustments and repair, auto glass sales and repair, but excluding painting, body work, steam cleaning, major repairs), mini-marts and/or the retail sale of beer, wine, or other alcoholic beverages, except as permitted under a conditional use permit;

8.

Automobile sales, new and used, including trailer, truck, recreational vehicle, mobile homes and boat sales yards, and subject to the following conditions: No repair or reconditioning of automobiles, trailers or boats shall be permitted;

9.

Bakery shops (including outside dining tables);

10.

Banks, savings and loan, credit unions, trust companies;

11.

Barber shops;

Beauty shops;

Billiard and pool halls;

Blueprinting, photostating and photo finishing facilities; 15.

Bookstores;

Bowling alleys; 17.

Car washes;

Carpet, floor covering, and ceramic tile stores;

Chiropractic offices;

Churches;

Clubs and lodges, private;

Coffee stores (including outside dining tables);

Confectionery stores;

Dance halls and dancing studios;

[Intentionally deleted];

26.

Delicatessens (including outside dining tables);

27.

Dressmaking shops;

28.

Draperies and window coverings, sales;

29.

Drugstores;

Dry goods and notions stores;

31.

Electronics, sales and repairs of televisions, VCR's, stereos, and related equipment;

32.

Fire stations, public buildings, and facilities for federal, state, county and city agencies, not including jails, prisons and other places of confinement;

33.

Fish sales, display and sales of ornamental fish and related products;

34.

Florist shops;

Food stores;

36.

Fruit and vegetable stores;

37.

Funeral parlors and mortuaries;

Furniture and appliance stores;

Furniture upholstery;

Garden supply stores; 41.

Gymnasiums; 42.

Grocery stores; 43.

Hardware stores; 44.

Health clubs; 45.

Historical museums; 46.

Hotels and motels and senior hotels;

Ice cream and yogurt shops;

Interior decorating establishments;

Jewelry stores;

Laundry and dry cleaning establishments;

Library;

[Intentionally omitted];

Meat markets;

Medical laboratories;

Millinery shops;

Music conservatories and studios;

Newspaper office;

Nurseries, plant; 59.

Offices, business and professional;

Office, medical and dental;

Offices, veterinary (provided that veterinary establishments shall be in a completely enclosed building);

Off-street parking;

Optician;

Pet shops, pet grooming;

Plumbing shops;

66.

Post office;

67.

Printing shops (i.e., blueprinting, photocopying, and offset);

68.

Photography store, sales and repair of photography equipment and photo processing;

Photography studios;

Radio and television retail sales and repair stores;

71.

Restaurants and cafes (including outside dining);

72.

Retail stores or businesses not involving any kind of manufacturing, processing or treating of products other than that which is clearly incidental to the retail store or business conducted on the premises subject to the following conditions and limitations:

a.

Not more than five persons shall be employed in permitted manufacturing processing or treating of products,

b.

The operations and projects shall not unreasonably emit noise, odor, dust, smoke, vibration or other objectionable causes;

73.

Schools;

74.

Shoe repair shops;

Small recycling facilities (which do not occupy any required parking);

76.

Stationery stores;

77.

Tailor shops;

Taxidermists;

Telephone exchanges;

Theaters, indoor;

Transportation terminal (i.e., bus, taxi, or train);

Travel agency, ticket office;

Trophy stores, including plaques and related merchandise;

Variety stores;

Wallpaper and paint stores;

86.

Uses and structures which are incidental or accessory to any of the uses permitted in this zone;

87.

Video stores, sales and rentals of videos and recorders;

Other uses which in the judgment of the planning commission are similar to, compatible with, and no more objectionable than any of those enumerated in this section in accordance with Chapter 19.60 of this code.

(Ord. 1029 § 7, 2008; Ord. 898 § 1 (part), 1998.)

(Ord. No. 1196, § 7A, 9-14-2022)

Prior to the issuance of a zoning clearance, a planned development permit is required for the construction, exterior modification or enlargement of any new structure or the use of a lot or premises within the COT zone in accordance with Section 19.25.200 of this chapter. Modifications to existing structures, including the renovation of the exterior façade, additions of not more than twenty percent to the floor area and/or alterations to the site may be approved by the director of planning and community development under an administrative approval when the modifications are in accordance with this chapter and any other adopted design guidelines applicable to the COT zone.

(Ord. 898 § 1 (part), 1998.)

The following uses may be permitted in the COT zone, if a conditional use permit is obtained in the manner provided in Chapter 19.62 of this code and such use conforms to every term and condition of the permit. A permit for any of these uses may be granted by the planning commission, if the applicant produces sufficient proof that the use will not be injurious or detrimental to the public health, safety or welfare, or to the property in the vicinity or zone in which the use will be situated; that such effects can be prevented with the imposition of conditions, and that the permit is necessary for the owner of the property to make reasonable use of the property:

A.

Automobile garages for the repair of motor vehicles;

B.

Public utility buildings and structures;

C.

Skating rinks, indoors;

D.

Building heights greater than two stories or thirty-five feet;

E.

Arcades;

F.

Recycling facilities, intermediate, not to exceed five hundred square feet in accordance with Chapter 19.62 of this code (which do not occupy any required parking);

G.

The concurrent retail sale of beer and/or wine with a service station;

H.

The concurrent use of mini-marts with a service station;

I.

Commercial recreation uses and sports complexes;

J.

Drinking establishments, bars, cocktail lounges, brew pubs, taverns;

K.

Residential dwelling units (as part of a commercial usage);

L.

Drive-through facilities in conjunction with a permitted use;

M.

Emergency shelters and transitional housing;

N.

Alcoholic beverage establishments, off-sale.

O.

Alcoholic beverages, on-sale for theaters.

(Ord. 1029 § 8, 2008; Ord. 977 § 5, 2005; Ord. 898 § 1 (part), 1998.)

(Ord. No. 1182, § 5, 8-25-2021)

19.25.045 - Uses requiring conditional use permits that may be approved at the director level.

The following uses may be permitted in the Camarillo Old Town (COT) Zone if a conditional use permit is approved by the director in the manner provided in Chapter 19.62:

A.

Day care nurseries, short-term, providing care for more than six children subject to the standards of Section 19.62.165.

(Ord. No. 1196, § 7B, 9-14-2022)

Editor's note— Ord. No. 1196, § 7B, adopted Sept. 14, 2022, repealed the former § 19.25.045, and enacted a new § 19.25.045 as set out herein. The former § 19.25.045 pertained to day care within residential units and derived from Ord. No. 1171, § 3J, 3-25-2020.

Signs may be erected in the COT zone in accordance with the sign ordinance codified in Title 17 and other guidelines adopted by the city relating to the design and placement of signs.

(Ord. 898 § 1 (part), 1998.)

The property development and performance standards set forth in Sections 19.26.065 through 19.26.180 shall apply to all lot and premises in the COT zone.

(Ord. 898 § 1 (part), 1998.)

All uses within the COT zone shall operate in accordance with the provisions of the performance standards contained in Chapter 19.54 of this code.

(Ord. 898 § 1 (part), 1998.)

19.25.070 - Lot area and parcel dimensions.

All lots hereafter created shall contain the following minimum standards:

A.

Minimum zone area shall be ten thousand square feet, which may consist of one or more lots or parcels, exclusive of public right-of-way dedicated for road purposes or proposed road purposes. If more than one parcel exists, however, the design of the development shall be integrated and unified by the utilization of architectural and landscaping design to the satisfaction of the planning commission.

B.

Minimum width of lots shall be one hundred feet.

C.

Minimum depth of lots measured at right angles to the front property line shall be one hundred feet.

(Ord. 898 § 1 (part), 1998.)

19.25.080 - Minimum yard requirements.

The planning commission, in their review, shall determine the yard requirements based on the height and bulk of the building and adjoining land uses and the intent of the zone, but in no case below the minimum standards set forth as follows:

A.

Front Yard. Buildings may be constructed up to the front property line or future right-of-way, whichever is greater. Parking areas shall be set back a minimum of ten feet.

B.

Side Yard. No interior side yards shall be required. The side yard adjacent to the public road shall meet the front yard setback requirements.

C.

Rear Yard. Rear yard shall be no less than ten feet with consideration given to providing adequate access for service vehicles. If the building height is in excess of twenty-five feet, the setback shall be increased by ten feet for each ten feet of building height or portion thereof to a yard area not to exceed fifty feet.

D.

General Yard Uses. Outside dining, open storage and display of materials and equipment shall be permitted for the parking and display of automobiles, recreation vehicles, nursery, plant items or landscaping when such storage has been approved and shown on the plot plan; whereas all other operations and display shall be conducted in a completely enclosed building.

E.

Architectural Features. Nonstructural architectural features may project into the public right-of-way, up to three feet with a minimum of seven feet, six inches of vertical clearance to eliminate elements which interfere with pedestrian circulation, when approved as part of the planned development permit and encroachment permit.

(Ord. 898 § 1 (part), 1998.)

Off-street parking shall be in accordance with the parking provisions of Chapter 19.44 and with the standards set forth therein.

(Ord. 898 § 1 (part), 1998.)

Off-street loading shall be in accordance with the loading provisions and standards set forth under the loading chapter of this title (Chapter 19.46).

(Ord. 898 § 1 (part), 1998.)

A.

Whenever the COT zone sides on or rears on an R zone, there shall be erected along the property line, abutting the R zone, a solid decorative masonry screen wall, six feet in height. When the COT zone sides or rears on an alley which separates the property from any R zone, the wall requirement may be waived or the wall reduced in height.

B.

Whenever the parking or circulation area abuts a public street, there shall be a low wall or landscaped hedge, not greater than three feet in height (except architectural features such as pilasters, as approved as part of the planned development permit), along the property lines adjacent to the parking area adjacent to the street.

C.

The placement and design of walls and screen berms shall be submitted to, and approved by, the director of planning and community development or as part of a planned development permit approved by the planning commission.

(Ord. 898 § 1 (part), 1998.)

19.25.110 - Lights.

Exterior lighting is permitted subject to the procedures and regulations in Chapter 19.47 of this code.

(Ord. 898 § 1 (part), 1998.)

(Ord. No. 2004, § 11, 1-11-2023)

Buildings and other structures shall not occupy more than sixty-five percent of the area for which the planned development permit is issued where other sections of the code are met and all standards have been complied with. The remaining area shall be used for landscaping, automobile parking and circulation, and shall be completely improved, surfaced and marked for these purposes.

(Ord. 898 § 1 (part), 1998.)

All buildings shall be limited to a height of two stories not to exceed thirty-five feet exclusive of architectural features as approved under the planned development permit. Greater building heights or number of stories may be permitted subject to the granting of a conditional use permit.

(Ord. 898 § 1 (part), 1998.)

A.

The purpose of the landscaping requirements shall be to enhance, conserve and stabilize property values by encouraging pleasant and attractive surroundings. Landscaping also contributes to the relief of heat, noise and glare through the proper placement of green plants and trees.

B.

Landscaping and all other ground space treatment shall be provided upon the net developed site. Landscaping shall be provided with a permanent watering system; and shall be surrounded by a six-inch masonry curb, walk or building. Landscaping shall be considered actual planting areas of lawn, trees, planter boxes, shrubs, or other plants. Environmental areas shall be considered those spaces related to or integrated with landscaping which provide an interesting complementary design. Courtyards, water ponds, streams, walkways, decks, kiosks, and similar items may be permitted. Such landscaping shall be provided in accordance with the following standards:

1.

Maintenance. Required landscaped areas shall be maintained in a neat, clean, orderly and healthy condition. This is meant to include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the regular watering of all plantings.

2.

Required landscaped areas shall be provided with a suitable, permanent method of watering of plants. This watering system shall consist of piped water lines terminating in an appropriate number of sprinklers or emitters to ensure a sufficient amount of water for plants within the landscaped area. Sprinklers or emitters shall be so spaced as to assure a complete coverage of the required landscaped area.

3.

The parking area setback shall be landscaped with the exception of that area provided for vehicles or pedestrian access and approved on the development plan.

4.

No planting area shall be considered as such, unless it contains at least twenty-four square feet of area and is a minimum of four feet in width; except raised planting boxes within close proximity to the building.

5.

One tree, fifteen gallon minimum, of a species approved on final landscaping plan shall be planted within a minimum thirty-six square foot area, at every ten (10) rows of single-row parking stalls, or at every twenty rows of double-row parking stalls.

6.

Each unused space resulting from the design of parking spaces or over twenty-four square feet in area shall be landscaped.

7.

When the commercial development either rears on or sides on a residential zone, or where the COT abuts an alley or development property, adjacent to the residential zone, it shall include a six-foot wide landscaped area to screen the commercial development. The design of the screening shall consist of evergreen trees and shrubs closely spaced.

8.

Landscaping Plan. A plan at a minimum scale of one inch equals thirty feet shall be submitted for approval by the director of planning and community development and shall contain the following:

a.

The dimensions and square footage of each planting area;

b.

The total square footage of each planting area;

c.

Identification of each plant, common and botanical names at the planting area, and the number of each and their container size(s);

d.

The permanent watering system, including all pipe sizes, and type and size of all sprinkler heads or emitters;

e.

Specification sheet indicating the soil preparation and maintenance program for continual maintenance of the landscaping area and any type of guarantee associated with the installation of the landscaping.

(Ord. 898 § 1 (part), 1998.)

Refuse and recycling enclosures shall be provided in accordance with the enclosure provisions of Chapter 19.50 and the following standards:

A.

Each commercial development established shall provide an outdoor refuse and recycling storage area which shall be easily accessible and enclosed on all sides by a minimum six-foot high brick, concrete block or masonry wall in accordance with city approved standard design. The opening of the storage area shall be screened by a solid gate of durable wood, metal, or comparable material.

B.

In addition, no material or waste shall be deposited in such a form or manner that it may be transferred by natural causes or force, and waste which may cause fumes, dust, or constitute a fire hazard or be edible by or otherwise attractive to rodents or insects, shall be stored only in closed containers in required enclosures.

C.

The number and general placement of the enclosures shall be set forth in the planned development permit and approved by the planning commission.

(Ord. 898 § 1 (part), 1998.)

19.25.160 - Utilities.

All utilities shall be placed underground in accordance with provisions of Chapter 18.08.

(Ord. 898 § 1 (part), 1998.)

19.25.170 - Mechanical and electrical equipment and satellite dish antennae.

All mechanical and electrical equipment and satellite dish antennae (except dishes less than one meter in diameter) shall be screened by landscaping or fence screen wall or combination of design, and all rooftop equipment shall be placed behind a permanent parapet wall or equipment screen approved by the director of planning and community development or his designated representative and be completely screened from view at ground level.

(Ord. 898 § 1 (part), 1998.)

19.25.180 - Ramping and equipment for the handicapped.

Adequate ramps and equipment shall be provided to accommodate the use of the facility by the handicapped and shall include, but not be limited to, access ramps, restrooms, drinking fountains, etc.

(Ord. 898 § 1 (part), 1998.)

19.25.190 - Use of the planned development permit.

No building or improvement or portion thereof shall be erected, constructed, converted, established, or enlarged; nor shall a lot or premises be used without first obtaining a planned development permit.

(Ord. 898 § 1 (part), 1998.)

19.25.195 - Planned development permit—Application.

A.

An application for a planned development permit shall be filed with the planning and community development department on a form provided by the department and shall include the following:

An accurately-dimensioned plot plan showing existing and proposed topography, all proposed building, parking, landscaping areas, walls and all existing or proposed streets within one-hundred-foot radius of the property;

2.

The dimension of all yards, setbacks, parking area, driveways and square footage of all building landscaping and building coverage;

3.

The elevation of all buildings proposed with a notation of the type of material proposed in addition to a color and material sample.

B.

The application and development plan shall be reviewed by the department of planning and community development and its proposed recommendations shall be prepared and submitted to the planning commission along with the development plan for their consideration.

(Ord. 898 § 1 (part), 1998.)

Notice of the date, time and place of the planning commission review of the application and the staff's proposed recommendation shall be given to the applicant.

(Ord. 898 § 1 (part), 1998.)

In considering the approval, denial or modification of an application for a planned development permit, the planning commission shall consider the proposed recommendation of the staff and the following guidelines:

A.

The degree of compatibility of property uses for which this chapter is intended to promote and preserve shall be maintained with respect to the particular use on the particular site and consideration of existing and potential uses of property within the zone and the general area in which use is proposed to be located;

B.

Performance standards and conditions shall be imposed upon uses which without such condition might become obnoxious, dangerous, offensive or injurious to the public health, safety, or welfare or a portion thereof by reason of the emission of noise, smoke, dust, fumes, vibration, odor or other harmful or annoying substances;

C.

The integrity and character of the neighborhood in which the use will be located shall be maintained including the utility and value of property in the neighborhood and in the adjacent zones;

D.

The use shall be compatible with public interest, health, safety, convenience and general welfare;

E.

The development is in accordance with any adopted guidelines for the area for properties within a redevelopment area.

(Ord. 898 § 1 (part), 1998.)

The planning commission may attach such conditions and make such modifications, changes or alterations in the proposed application as the commission may determine necessary to carry out the purposes and intent of this zone.

(Ord. 898 § 1 (part), 1998.)

19.25.230 - Planned development permit—Rejection or modification.

If the proposed planned development would substantially depreciate property values in the vicinity,

unreasonably interfere with the use and enjoyment of property in the vicinity by occupants thereof, or would endanger the public peace, health, safety and general welfare, then such proposed planned development shall be rejected, modified or conditioned to remove such objections or denied.

(Ord. 898 § 1 (part), 1998.)

Unless the use is inaugurated, or the construction of the structure is commenced and being diligently pursued not later than twelve months after the date the permit is granted, the permit shall automatically expire on that date. However, if there have been no changes in the proposed plot plans or adjacent areas, the planning commission or the director of planning and community development or his designated representative, when authorized, may grant additional extensions of time for use inauguration.

(Ord. 898 § 1 (part), 1998.)

A.

Effective Date of Planning Commission Decision. Decisions of the planning commission approving, denying or conditionally approving an application for a plan shall be final and conclusive on the tenth consecutive calendar day following the date of the planning commission's decision, unless an effective timely and complete appeal is filed or a city council review is ordered as provided in this section.

B.

Form of Appeal. Except as provided in subsection D of this section, an appeal from a decision of the planning commission relating to a plan shall not be valid or effective for any purpose, unless it meets all of the following requirements:

1.

Each such appeal shall be in writing on a form provided by the director of planning and community development of the city ("director"), and shall identify the planning commission's action to which the appeal relates; and

2.

Each such appeal shall be filed with the director prior to the planning commission decision to which the appeal relates becoming final, as provided in subsection A of this section; and

3.

Each such appeal shall be accompanied by a processing fee in an amount set by the city council; and

4.

Each such appeal is filed by or on behalf of any of the following:

a.

The owner of any real property located within the city, or

b.

A person who lawfully occupies or is entitled to lawfully occupy any real property which is located within three hundred feet of the lot lines of the lot or lots which are the subject of the planned development permit, or

c.

Any interested person.

C.

Effectiveness of an Appeal. No appeal shall be deemed complete nor effective for any purpose, unless it complies with all of the provisions of this section.

D.

Review by City Council. Notwithstanding any of the provisions of this section, the city council, by majority vote of its total membership and at any time before a planning commission decision becomes final pursuant to subsection A of this section, may issue an order to review, de novo, a planning commission decision relating to a planned development permit ("order of review").

E.

Stay of Proceedings. The timely filing of an effective appeal of the timely adoption by the city council or an order of review shall stay the decision of the planning commission to which the appeal or order of review relates, pending the city council action on the matter.

F.

Action of City Clerk. Upon the timely filing of an effective appeal or the adoption of a timely order of review, the city clerk will:

1.

Set the matter for hearing at the next most convenient meeting of the city council; and

2.

Give written mailed notice of the time and place of the hearing to the appellant, the applicant, and such other persons and entities in accordance with Section 19.84.030 of this code.

G.

Action by the City Council. At the time and place of the hearing on an appeal or an order of review, the city council shall conduct a de novo hearing on the matter, at which time all interested persons shall be allowed to present relevant reliable evidence to the city council. The technical rules of evidence applicable to judicial proceedings need not be observed, provided that the matter is resolved by the city council based upon reliable relevant evidence. The applicant shall have the burden of proof to show the existence of facts which warrant the granting of the planned development permit.

H.

City Council Decision. The city clerk shall give written notice of the city council's decision to the appellant, the applicant and any other interested person who requests such notice. The city council's determination shall be final and conclusive subject only to judicial review.

(Ord. 898 § 1 (part), 1998.)

(Ord. No. 1153, § 4(N), 5-25-2018)

19.25.260 - Planned development permit—Revocation.

A.

Any permit hereintofore or hereafter granted may be revoked by the planning commission or city council after appropriate proceedings, provided herein, for any of the following causes:

1.

That any term or condition of the permit has not been complied with;

That the property subject to the permit, or any portion thereof, is used or maintained in violation of any statute, ordinance, law or regulation in effect at time of approval;

3.

That the use for which the permit was granted has not been exercised for at least twelve consecutive months or has ceased to exist, or has been abandoned;

4.

That the use for which the permit was granted has been so exercised as to be detrimental to the public health or safety, or as to constitute a nuisance.

B.

After revocation of a permit, the property affected thereby shall be subject to the regulations of the applicable zone classification.

C.

The failure of the planning commission or city council to revoke a permit whenever due cause exists or occurs does not constitute a waiver of such right with respect to any subsequent cause for revocation.

(Ord. 898 § 1 (part), 1998.)

A.

A certificate of occupancy shall be required for any change in use within a planned development permit. A change in use in an existing building may be approved by the director of planning and community development.

B.

An application for a certificate of occupancy shall be accompanied by:

1.

A description of the proposed commercial operation in sufficient detail to describe fully the nature and extent of the proposed use.

C.

A certificate of occupancy for a use of the land in the COT zone may be revoked by the city council after a public hearing if the city council finds that the holder of the certificate has failed to comply with approved plans.

(Ord. 898 § 1 (part), 1998.)

Uses expressly prohibited in the COT zone are industrial and manufacturing uses.

(Ord. 898 § 1 (part), 1998.)