Fill - Free fillable The City of Moorpark supports the ongoing operation (City of Moorpark) PDF form

Purpose and Intent:

The City of Moorpark supports the ongoing operation of businesses during the COVID-19

pandemic. The Outdoor Commercial Services Permit authorizes the temporary outdoor

operation of businesses that have been prohibited from operating indoors as a result of a

state or local public health orders. This may include hair and nail salons, certain office

uses, gyms, retail, and other businesses offering services to the general public that are

unable to do so indoors or remotely.

Applications to operate outdoors will be evaluated and approved, if it is determined that the

business can operate subject to the listed conditions of approval and the following findings

are determined by City Staff:

A. The proposed outdoor operation will not constitute a nuisance to adjacent

properties, adjacent businesses, nor adjacent outdoor uses, and will not result in

noise, odors, vibration, dust, light, nor smoke;

B. The proposed outdoor operation complies with all state and local public health

orders, including but not limited to social distancing, disease prevention,

ventilation, and sanitization requirements. The proposed use shall be separated

from other outdoor uses by no less than six feet and shall maintain all required

public paths of travel and accessways; and

C. Uses occurring on the public right-of-way are limited to reception, waiting areas,

and similar uses that are not likely to impair the movement or safety of the public.

Uses that involve hazardous materials, client care services, or other potentially

disruptive activities must be conducted on private property and shall be subject to

the conditions of approval defined by the permit. Uses occurring in the public

right-of-way shall be limited to the area directly adjacent to the business frontage

and shall not be placed adjacent to neighboring business frontages without prior

written consent of such business.

Steps to Approval:

1. Complete permit application form with applicant and owners’ signatures;

2. Provide site plan (may be drawn on an aerial photo) on 8 ½” x 11” paper. Site plan

needs to identify and dimension the business, proposed outdoor service areas,

adjacent outdoor uses, table, chair and other furniture locations, utilities like water or

electrical, all proposed improvements, and all clear pedestrian walkways and vehicle

paths of travel. Identify any loading areas and accessible parking stalls near the

outdoor service area for context. Consider the proximity and compatibility between

existing outdoor uses and the proposed use. Include information on plans that shows

that potential conflicts between uses and impacts are minimized. This could include

additional barriers, separation, tent covering, etc.;

3. Submit application to Freddy A. Carrillo, Associate Planner II at

fcarrillo@moorparkca.gov; and

4. Application will be reviewed within one business day.

Please Print or Type:

Business Name: ________________________________________________________

Business Address: ______________________________________________________

Business Phone Number: ________________ Email: _________________________

799 Moorpark Avenue, Moorpark, CA 93021

Phone: (805) 517-6224

City of Moorpark

ZONING CLEARANCE FOR

OUTDOOR COMMERCIAL SERVICES

(COVID-19 LOCAL HEALTH EMERGENCY)

ZONING CLEARANCE FOR

OUTDOOR COMMERCIAL SERVICES

(COVID-19 LOCAL HEALTH EMERGENCY)

2 | Page

Updated 07/31/2020

Business Owner: ______________________ Owner’s Mobile Number: _____________

Where will the outdoor service area(s) be located? (Check box that applies)

 Adjacent to the business

 Common area (near fountains, existing permanent seating area, etc.)

 Existing parking lot (barricades or fencing may be required

 City right-of-way/public sidewalk*

*An encroachment permit is required for outdoor dining within the public right-of-way, see:

http://ca-moorpark.civicplus.com/DocumentCenter/View/270/Encroachment-Permit-Application?bidId=

Proposed Days/Hours of Operation: ___________________________________________

Business Attestation: Applicants must complete the County of Ventura Business

Attestation to operate under the State/County order.

Attestations can be made at: www.vcreopen.com

Has a business attestation been submitted and approved for the proposed

operation?

 Yes

 No

By signing below, you indicate your authorization to use the property as described

in this permit and your acceptance of all conditions of approval included on Pages

3-5. Subsequent acknowledgement is required for any Special Conditions required

by the City upon review of the application.

Applicant: Property Owner / Management Company:

________

_________________ ___________________________________

(Full Name) (Full Name)

_______

__________________ ___________________________________

(Address) (Company)

_________________________

(City, State, Zip)

________

_________________ __________________________________

(Phone) (Phone)

________

_________________ __________________________________

(Email Address) (Email Address)

_____________________________ ___________________________________

(Applicant Signature)

Property owner / management company signature or

See attached property owner’s authorization

STAFF USE ONLY BELOW THIS LINE

Approved By: ______________________ Date of Issuance: __________________

Zoning Clearance No.: ______________ Building Permit No: _______ or □ N/A

Permit Fee: Waived as part of Executive Order 2020-07

ZONING CLEARANCE FOR

OUTDOOR COMMERCIAL SERVICES

(COVID-19 LOCAL HEALTH EMERGENCY)

3 | Page

Updated 07/31/2020

This permit is granted subject to the following conditions of approval:

General Conditions

1. The outdoor service area is spaced in a manner that ensures compliance with

applicable social distancing requirements adopted by the Ventura County Public

Health Officer.

2. All shelters, tables, chairs, planters, fencing, barricades or other temporary outdoor

fixtures in the locations shown on the approved site plan and shall be kept well-

maintained, orderly, clean, and free of trash and debris.

3. All existing and required accessible parking spaces, loading zones, and paths of

travel shall be maintained free and available for use, as required by the 2019

California Building Code and administered by the City Building Official. The

permittee shall maintain a clear width of pedestrian walkways of no less than 48

inches, except where an unreasonable hardship exists, the Building Official may

reduce such width to no less than 36 inches.

4. Outdoor furniture or fixtures located in existing parking or driving areas (drive aisles)

shall be fenced or barricaded in a manner to ensure the safety to all persons using

or entering such areas. Such devices may include highly visible, sturdy or heavy

materials such a concrete or water filled “k rails”, bollards or heavy planters to

separate vehicular and pedestrian traffic.

5. All exterior areas of the site, including parking lot and sidewalks, shall have

adequate lighting if nighttime service is proposed.

6. Interior access to the existing business shall be restricted to employees only and

admittance of customers shall be prohibited, except to allow customer use of

restrooms.

7. Use of outdoor sinks, water sources, and drains are prohibited. Services provided by

salons shall not include chemical treatments, washing, or electrolysis.

Entertainment and Smoking:

8. The application does not authorize outdoor entertainment or amplified sound.

9. The applicant shall comply with Chapter 8.32 Prohibiting Smoking in Public Places

at all times and shall provide signs consistent with Section 8.32.040 of the Moorpark

Municipal Code.

10. It is unlawful for any person to conduct, sponsor, or knowingly participate in any

event on or within any City street, sidewalk, public parking facility, or other public

right-of-way that obstructs or interferes with the normal flow of vehicular or

pedestrian traffic or which does not comply with the applicable traffic laws.

11. The proposed outdoor operation will not constitute a nuisance to adjacent

businesses and properties and will not result in noise, odors, vibration, dust, light, or

smoke.

12. All temporary electrical systems shall be permitted in accordance with California

Building and Electrical Code. Electric extension cords, power strips or surge

protectors shall be rated for outdoor use.

ZONING CLEARANCE FOR

OUTDOOR COMMERCIAL SERVICES

(COVID-19 LOCAL HEALTH EMERGENCY)

4 | Page

Updated 07/31/2020

13. Electric lines placed along walking paths, driveways or other areas accessible to the

public or staff shall be covered with a pedestrian cable cover and or secured to the

ground to prevent a tripping hazard.

14. Shade structures or umbrellas shall be weighted and affixed to the ground. In the

case of lightning or high winds, such devices shall be removed and secured indoors.

Department/Agency Conditions

Moorpark Police Department:

15. The Police Chief and Community Development Director may revoke this zoning

clearance in their reasonable discretion if the outdoor operations are found to

endanger public health or safety or constitute a nuisance to adjacent uses.

Ventura County Environmental Health Department:

16. The outdoor service shall comply with all Ventura County Environmental Health

Department regulations.

Ventura County Fire Protection District:

17. Fire hydrants, fire extinguishers and fire protection systems shall be maintained

operational and accessible at all times. A serviced 2A:10BC rated fire extinguisher

shall be provided and mounted in all areas not to exceed 75 feet of travel. Fire

extinguishers, fire sprinkler systems, fire alarm systems and kitchen hood fire

suppression systems shall be serviced in accordance with required intervals.

18. Propane heaters shall not be used inside enclosed patios. Outside use shall comply

with manufactures clearances from combustibles and shall not block exits. Propane

storage shall be in a secure non-public accessible exterior location.

19. All portable generators shall be isolated from the public by a fence or other

enclosure. Each generator shall be provided with a serviced 2A:10BC rated fire

extinguisher.

20. Exits shall be maintained operational and clear of obstructions.

21. A 20 feet clear emergency vehicle access road shall be maintained to the front

entrance of the occupancy.

22. It is the applicant’s responsibility to obtain all required permits from the Fire

District in addition to any permit(s) issued by the City/County. The Fire District

will require permits for tents that exceed 400 square-feet, canopies that

exceed 700 square-feet, and open flame devices and use of candles.

Additional permit fees and fire safety information is available at vcfd.org or by

contacting Marnel Vanden Bossche, Senior Fire Inspector at (805) 389-9744 or

marnel.vandenbossche@ventura.org.

Revocation & Indemnification

23. The applicant shall defend, indemnify and hold harmless the City and its agents,

officers and employees from any claim, action or proceeding against the City or its

agents, officers or employees to attack, set aside, void, or annul any approval by the

City or any of its agencies, departments, commissions, agents, officers, or

ZONING CLEARANCE FOR

OUTDOOR COMMERCIAL SERVICES

(COVID-19 LOCAL HEALTH EMERGENCY)

5 | Page

Updated 07/31/2020

employees concerning the permit, which claim, action or proceeding is brought

within the time period provided by the California Code of Civil Procedure Section

1094.6 and Government Code Section 65009. The City will promptly notify the

applicant of any such claim, action or proceeding, and if the City should fail to do so

or should fail to cooperate fully in the defense, the applicant shall not thereafter be

responsible to defend, indemnify and hold harmless the City or its agents, officers

and employees pursuant to this condition. The City may, within its unlimited

discretion, participate in the defense of any such claim, action or proceeding, if both

of the following occur: the City bears its own attorney fees and costs; and the City

defends the claim, action or proceeding in good faith. The applicant shall not be

required to pay or perform any settlement of such claim, action or proceeding unless

the settlement is approved by the applicant. The applicant's obligations under this

condition shall apply regardless of whether a building permit is ultimately obtained,

or final occupancy is ultimately granted with respect to the permit.

24. The zoning clearance shall automatically expire six months after the date of

issuance or when the Ventura County Public Health Office’s social distancing

requirements allow the subject business to operate at full capacity, whichever occurs

sooner. The Community Development Director, in her reasonable discretion, may

determine that a zoning clearance has expired because indoor operations may be

allowed at full capacity.

Special Conditions related to the proposed use:

___________________________________________________________________

____________________________________________________________________

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