Camarillo Municipal Code § 19.26.045 Uses requiring conditional use permits that may be approved at the director level

The CPD zone is established to provide areas for the development of planned commercial uses. The general placement, design and intensity of uses in this zone should be planned to protect and preserve the character of adjoining properties while increasing efficiency and promoting harmonious relationships.

(Ord. 290 § 1 (part), 1975: prior code § 9408.)

In the CPD zone the following uses only are permitted without any permit and are subject to the general provisions and zone provisions set forth in zone:

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

B. Community centers;

C. Floriculture and horticulture of all types;

D. Public parks and playgrounds;

E. Water supply; no new private wells shall be drilled, equipped or used except for agricultural purposes exclusively;

F. 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 consecutive 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;

G. Special events as set forth in Chapter 19.63.

(Ord. 628 § 5, 1987; Ord. 290 § 1 (part), 1975: prior code § 9408.1.)

The uses set forth below are permitted in the CPD zone only if a planned development permit is obtained, as stated in Section 19.26.200 and such use conforms to every term and condition of the permit. All uses shall be conducted wholly within a building, except enterprises customarily conducted in the open such as automobile sales, plant nurseries, restaurants and recycling centers:

1. Antique stores;

2. Art studios;

3. Auditoriums, exclusive of tents or temporary structures;

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

5. 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 repair, minor adjustments 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;

6. Automobile sales, new and used, including trailer, truck, recreational vehicle, mobilehomes and boat sales yards, and subject to the following condition: No repair or reconditioning of automobiles, trailers or boats shall be permitted unless such work is done entirely within an enclosed building;

7. Automobile diagnostic center;

8. Appliance, sales and service;

9. Banks, savings and loan, trust companies;

10. Barbershops;

11. Baths, turkish and similar types;

12. Beauty shops;

13. Billiard and pool halls;

14. Blueprinting, photostating and photofinishing facilities;

15. Bookstores;

16. Bowling alleys;

17. Car washes;

18. Churches;

19. Clubs and lodges, private;

20. (Deleted);

21. Confectionery stores;

22. Dancehalls and dancing studios;

23. [Intentionally deleted];

24. Delicatessens;

25. Dressmaking shops;

26. Drugstores;

27. Drygoods and notions stores;

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

29. Floricultural and horticultural structures, for all types of related uses;

30. Florist shops;

31. Fruit and vegetable stores;

32. Funeral parlors and mortuaries;

33. Furniture and appliance stores;

34. Garages for the storage and repair of motor vehicles;

35. Gymnasiums;

36. Grocery stores;

37. Hardware stores;

38. Health studios, reducing salons;

39. Hospitals and sanitariums, excluding mental;

40. Hotels and motels and senior hotels;

41. Ice storage houses of not more than five-ton capacity;

42. Interior decorating establishments;

43. Jewelry stores;

44. Laundry and dry cleaning establishments;

45. (Intentionally omitted);

46. Meat markets;

47. Medical laboratories;

48. Millinery shops;

49. Music conservatories and studios;

50. Newspaper offices and plants;

51. Nurseries, plant;

52. Offices, business and professional;

53. Offices, veterinary (provided that veterinary establishments shall be in a completely enclosed building);

54. Plumbing shops;

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

56. Photo shops, with drive-up windows;

57. Radio and television retail sales and repair stores;

58. Restaurants and cafes, including drive-up types;

59. 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 products shall not unreasonably emit noise, odor, dust, smoke, vibration or other objectionable causes;

60. Schools;

61. Shoe repair shops;

62. Small recycling facilities (which do not occupy any required parking);

63. Stationery stores;

64. Tailor shops;

65. Taxidermists;

66. Telephone exchange;

67. Theaters, indoor;

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

69. Travel agency, ticket office;

70. Variety stores;

71. Wallpaper and paint stores;

72. Wearing apparel store;

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

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

(Ord. 1029 § 9, 2008; Ord. 871 § 3, 1997; Ord. 773 § 12, 1993; Ord. 712 § 3, 1990; Ord. 669 § 1, 1989; Ord. 660 § 4, 1989; Ord. 640 § 3, 1987; Ord. 512 § 9, 1982; Ord. 290 § 1 (part), 1975: prior code § 9408.2.)

(Ord. No. 1196, § 8A, 9-14-2022)

The following uses may be permitted in the CPD 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. Amusement parks, golf courses both regular and miniature, golf driving ranges;

B. Carnivals (permanent);

C. Crematoriums;

D. Equipment rental and service with the following limitation:

1. Service, maintenance and repair limited to permittee's equipment only,

2. Limited to rental and storage of equipment as follows:

a. Concrete mixers, limited to one-sack size,

b. Small tractors, limited to the operation of a five-eighths cubic yard skip loader or a five-foot blade attachment,

c. Rototillers,

d. Home improvement or maintenance equipment,

e. Trailers, limited to one-ton capacity,

f. Hand tools and garden equipment,

g. Trucks, not exceeding three-ton capacity.

E. Golf course clubhouse; in connection with a regular or miniature golf course or golf driving range;

F. Public utility buildings and structures;

G. Skating rinks, indoors;

H. Theaters, outdoor;

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

J. Temporary agricultural stands in accordance with Chapter 19.62;

K. Arcades;

L. Recycling Facilities. Intermediate not to exceed five hundred square feet in accordance with Chapter 19.62 (which do not occupy any required parking;

M. Reserved

N. Reserved

O. Commercial recreation uses and sports complexes;

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

Q. Rest, convalescent, senior care, or nursing homes;

R. Emergency shelters and transitional housing;

S. Alcohol beverage establishments, off-sale. [3]

T. Alcoholic beverages, on-sale for theaters.

(Ord. 1029 § 10, 2008; Ord. 977 § 6, 2005; Ord. 881 § 4, 1997; Ord. 871 § 4, 1997; Ord. 867 § 2, 1997; Ord. 712 § 4, 1990; Ord. 640 § 4, 1987; Ord. 550 § 1, 1983; Ord. 537 § 3, 1982; Ord. 512 § 10 (part), 1982; Ord. 290 § 1 (part), 1975; prior code § 9408.3.)

(Ord. No. 1182, § 6, 8-25-2021; Ord. No. 2036, § 2, 1-28-2026)

Footnotes:

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Note— Off-sale alcohol beverage establishments that are 1,320 linear feet or less from an interchange with the U.S. 101 right-of-way must be operated within a structure that exceeds 7,500 square feet in net building area.

The following uses may be permitted in the Commercial Planned Development (CPD) 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, § 8B, 9-14-2022)

Signs may be erected in the CPD zone in accordance with the sign ordinance codified in Title 17.

(Ord. 290 § 1 (part), 1975: prior code § 9408.4.)

The property development and performance standards set forth in Sections 19.26.070 through 19.26.180 shall apply to all lot and premises in the CPD zone.

(Ord. 290 § 1 (part), 1975: prior code § 9408.5 (part).)

All uses within the CPD commercial planned development zone shall operate in accordance with the provisions of the performance standards contained in Chapter 19.54 of this code.

(Ord. 763 § 11, 1992.)

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 lot 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. 522 § 1, 1982: Ord. 290 § 1 (part), 1975: prior code § 9408.5(A).)

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. Front yard shall be not less than ten feet nor greater than fifty feet from the existing or proposed right-of-way line.

B. Side Yard. No interior side yards shall be required, except when adjacent to a residential zone or when abutting any street or alley which separates the CPD zone from a residential zone. In which case, minimum side yards of fifty feet 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 maximum yard area of fifty feet.

D. General Yard Uses. 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.

(Ord. 290 § 1 (part), 1975: prior code § 9408.5(B).)

Off-street parking shall be in accordance with the parking provisions of Chapter 19.44 of this code and with the standards set forth in this section:

A. Ingress and egress roads leading into a limited access highway should be located at intervals of not less than six hundred feet apart. Ingress and egress roads leading onto any other public road, street or highway should be located at intervals of not less than three hundred feet apart, except that when such road, street or highway is designed as a service road for any adjacent commercial area, then the ingress and egress road shall be located at intervals of not less than one hundred feet apart.

B. Frontage or interior service roads may be required to serve the CPD area.

(Ord. 290 § 1 (part), 1975: prior code § 9408.5(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 § 3, 1985.)

A. Whenever the commercial planned development zone sides on or rears on an R zone, there shall be erected along the property line, abutting the R zone, a solid decorative screen wall six feet in height.

B. Whenever the parking or circulation area abuts a public street, there shall be provided a low screen berm, wall or landscaped hedge, not greater than three feet in height, 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 planning director.

(Ord. 290 § 1 (part), 1975: prior code § 9408.5(D).)

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

(Ord. 290 § 1 (part), 1975: prior code § 9408.5(E).)

(Ord. No. 2004, § 12, 1-11-2023)

Buildings and other structures shall not occupy more than thirty percent of the area for which the planned development permit is issued. The remaining area shall be used for landscaping automobile parking and circulation, and shall be completely improved, surfaced and marked for this purpose.

(Ord. 290 § 1 (part), 1975: prior code § 9408.5(F).)

All buildings shall be limited to a height of two stories not to exceed thirty-five feet. Greater building heights or number of stories may be permitted subject to the granting of a conditional use permit.

(Ord. 550 § 2, 1983: Ord. 290 § 1 (part), 1975: prior code § 9408.5(G).)

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 watering 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 complimentary 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 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.

3. 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 CPD zone abuts an alley or development 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. The total square footage of each planting area;

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. 290 § 1 (part), 1975: prior code § 9408.5(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 § 8, 1993: Ord. 290 § 1 (part), 1975: prior code § 9408.5(1).)

All utilities shall be placed underground in accordance with provisions of Chapter 18.08.

(Ord. 290 § 1 (part), 1975: prior code § 9408.5(J).)

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 § 14, 1985: Ord. 590 § 14, 1985: Ord. 290 § 1 (part), 1975: prior code § 9408.5(K).)

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. 290 § 1 (part), 1975: prior code § 9408.5(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 an occupancy permit first being obtained.

(Ord. 290 § 1 (part), 1975: prior code § 9408.6.)

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 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. 290 § 1 (part), 1975: prior code § 9408.7.)

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. 290 § 1 (part), 1975: prior code § 9408.8 (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. That 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. 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.

(Ord. 290 § 1 (part), 1975: prior code § 9408.8(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 the purposes and intent of this zone.

(Ord. 290 § 1 (part), 1975: prior code § 9408.8(B).)

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.

(Ord. 290 § 1 (part), 1975: prior code § 9408.8(C).)

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. 290 § 1 (part), 1975: prior code § 9408.8(D).)

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 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 § 10, 1996: Ord. 290 § 1 (part), 1975: prior code § 9408.8(E).)

(Ord. No. 1153, § 4(O), 5-25-2018)

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;

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;

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. 290 § 1 (part), 1975: prior code § 9408.8(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:

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 CPD 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. 290 § 1 (part), 1975: prior code § 9408.9.)

Uses expressly prohibited in the CPD zone are:

A. Industrial and manufacturing uses;

B. Residential uses, except as specified.

(Ord. 290 § 1 (part), 1975: prior code § 9408.10.)