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CITY OF MOORPARK
AGENDA REPORT BY'
TO: Honorable City Council
FROM: Wayne Loftus, Acting Community Development DirectorA,/
Prepared by: John Libiez, Principal Planner /Advanced
DATE: September 22, 1999 (For meeting of 9/29/99)
SUBJECT: Consider Zone Ordinance Amendments: ZOA 99 -07, to
Permit Limited Retail Commercial Uses within the CO
(Commercial Office) Zone within the Downtown Specific
Plan Area; and, ZOA 99 -08, Creating a Shortened
Procedure for Conversion of Uses from Residential to
Commercial or Office Use within the Downtown Specific
Plan Area.
BACKGROUND:
City Council initiated the consideration of the subject Zoning
Ordinance Amendments at the September 1, 1999 meeting.
Consideration of these items was continued to September 15,
1999, and subsequently to this date. Continuation was granted
to permit staff to verify that ordinance language was consistent
to meet guidance from the City Attorney and to address Council
considerations. All modifications have been made and the
amendments are ready for Council final consideration.
DISCUSSION:
Zoning Code Amendments 99 -07 and 99 -08 were advertised together
but may be considered separately for decision purposes. Staff
has provided an ordinance for the proposed amendments to
facilitate adoption. Staff has separated the amendments within
the staff report to facilitate Council consideration. It is
suggested that Council consider these matters in the sequence
provided in this report.
1. Zone Ordinance Amendment 99 -07:
Amend Table 17.20.060 of the Zoning Ordinance to Permit
Limited Retail Commercial Uses within the
C -0 (Commercial Office) Zone, only within the Downtown
00003E
Agenda Report
ZOA 99- 07/99 -08
September 29,1999
Page 2
Specific Plan Area, upon the application of the City of
Moorpark.
Limited Commercial Uses in the C -0 Zone in Downtown (Zoning
Ordinance Amendment 99 -07).
The Planning Commission on August 9, 1999, adopted Resolution
No. 99 -380 recommending to the City Council the amendment of
provisions of the C -0 (Commercial Office) Zone to allow certain
limited retail commercial uses. This item had been referred to
the Commission by the City Council following their adoption of a
resolution on July 2, 1999, directing action by the Planning
Commission.
The C -0 (Commercial Office) Zone exists at several locations
throughout the City but is primarily located along Moorpark
Avenue and High Street. The proposed change would affect only
the C -0 zoned properties located in the Downtown Specific Plan
Area. The intent of introducing a limited opportunity for
retail commercial sales is to create diversity in uses in the
Downtown to attract more pedestrian traffic.
On a limited basis retail activities would be allowed through a
Zone Clearance with this proposed amendment. The uses proposed
are very specific and limiting, including: antique store,
museum, art galleries and a fourth use added by the Planning
Commission, artisan workshop. An artisan workshop would allow
the creation of artistic works for sale on the premises, and
could include, paintings, pottery, metal sculpture and similar
work that results in an artistic work "for sale ".
The proposal to modify the uses allowed in the C -0 zone is the
result of a request by a prospective shop owner of an antique
store in the C -0 Zone who was unable to find a suitable location
with commercial zoning. Additionally, the incorporation of
these limited uses is viewed as a way to create diversity in the
Downtown area by encouraging uses that will attract people
(residents and visitors) to Downtown to encourage its
revitalization and enhance its economic health. During previous
discussion on this matter Council indicated a desire to expand
the list of potential commercial uses that may be permitted in
the CO Zone. Since the potential for additional uses was not
advertised, and since there are property owners waiting for a
decision on this amendment, staff recommends that additional
study be conducted and a report be presented for Council
consideration at a future meeting.
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Agenda Report
ZOA 99- 07/99 -08
September 29,1999
Page 3
2. Zone Ordinance Amendment 99 -08:
Amend Section 17.44.030, 17.44.040, 17.44.050 and Section
17.44.090 of the Zoning Ordinance, to allow approval of
applications for conversion of uses from Residential to
Commercial or Office Use by the Director of Community
Development when land is zoned for said uses, only within
the Downtown Specific Plan Area, upon application of the
City of Moorpark.
Conversion of Residential Uses to Office or Commercial in
Downtown (Zone Ordinance Amendment 99 -08)
On August 9, 1999, the Planning Commission adopted Resolution
No. 99 -381 recommending to the City Council an amendment to the
Zoning Ordinance to allow the Director of Community Development
to approve certain types of development projects only within the
area covered by the Downtown Specific Plan. This proposed
amendment which was referred to the Planning Commission by
Council on May 5, 1999, was previously reviewed by the
Affordable Housing/ Community Development Committee on March 24,
1999, and a recommendation provided to the City Council on April
21, 1999.
The proposed amendments to the Zoning Ordinance will shorten the
time and reduce the cost for certain specific requests, and is
in response to a proposal to establish a dentist office in an
existing residential structure on Moorpark Avenue. The property
is zoned C -0 (Commercial Office) and is within the Downtown
Specific Plan but has never been authorized for an office use
through approval of a Commercial Planned Development Permit.
This proposed shortened procedure is intended to address land
use changes where zoning allowing the proposed new use is in
place and no new construction is proposed although parking,
landscaping and other site specific improvements may be required
to be consistent with Code or Policy provisions.
Features of the proposed code amendment include:
• Procedure is applicable only in the Downtown Specific Plan
area.
• The Planned Development Permit required to change uses from
residential to office or commercial on land zoned for either
purpose is approved by the Director, at a public hearing
(office hearing) instead of through a hearing by the Planning
Commission and /or the City Council.
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Agenda Report
ZOA 99- 07/99 -08
September 29,1999
Page 4
• Any appeal of the Director's decision would be heard by the
Planning Commission, which is currently provided for by the
Zoning Ordinance.
• A processing fee established at one -half (1/2) the standard
fee for the appropriate discretionary permit as established by
City Council Resolution, or the actual cost to process the
application, whichever is less would be charged. (Currently,
a Commercial Planned Development Permit requires a deposit of
$4,400 which would be reduced by 50% to $2,200 as the
application deposit.) The applicant would pay the actual cost
to process the application or the 50% fee whichever is less.
An amendment to the resolution on fees to reduce the cost of
processing in the Downtown Specific Plan is being prepared as
a special review and action item for the City Council meeting
of October 6, 1999.
• The radius distance for notice through the United States Mail
has been reduced from 1000 feet to 300 feet, however,
provision for notice in the newspaper and posting of the site
would remain the same. The legal advertisement for this
permit process would inform the reader of the proposed use
change and other appropriate details for the subject property
which must have commercial or office zoning to be considered
under this process.
• The time for appeal of any decision made by the director has
been reduced from sixteen (16) days to ten (10) days, only for
this permit process.
• All development standards and criteria required for similar
development elsewhere within the City would apply as would the
design standards and landscape standards found in the Downtown
Specific Plan.
• The appeal fee would be reduced as a result of the reduction
of the primary fee. Currently appeal fees are set at one -
fourth of the original application. (A planned development
application is typically $4,400., with the appeal fee then
being $1,100. Under the Council proposed reduction the
application fee becomes $2,200., and the appeal fee would be
$550.
STAFF RECOMMENDATIONS:
1. Determine that the Code Amendments related to limited
retail commercial uses within the CO Zone, and to approve
approval of applications for the conversion of uses from
residential to commercial or office uses within the
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Agenda Report
ZOA 99- 07/99 -08
September 29,1999
Page 5
Downtown Specific Plan areas having a base zoning of CO
(Commercial Office) are EXEMPT under provision of CEQA.
2. Introduce Ordinance No. for first reading to
amend Table 17.20.060 and to revise Chapter 17.44 of the
Municipal Code as described in Attachment 1.
Attachments:
1. Ordinance No. (CO Zone Amendments)
\ \MOR_PRI_SERV \City Share \Community Development\ Everyone\ JLIBIEZ\ ZOA9907;99- OBCCrpt92999Revl.doc
0001! io
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING AMENDMENTS TO TITLE 17,
ZONING, OF THE MUNICIPAL CODE OF THE CITY OF MOORPARK,
BY AMENDING CHAPTER 17.44 "ENTITLEMENT - PROCESS AND
PROCEDURE" TO INCORPORATE LANGUAGE RELATED TO DOWNTOWN
SPECIFIC PLAN DISCRETIONARY PERMITS, SETTING FEE
POLICY FOR SUCH PERMITS, DEFINING NOTICE REQUIREMENTS
FOR SUCH PERMITS, AND CLARIFYING APPEAL REQUIREMENTS;
AND, AMENDING TABLE 17.20.060 TO PERMIT LIMITED RETAIL
COMMERCIAL USES WITHIN THE C -0 (COMMERCIAL OFFICE)
ZONE ONLY WITHIN THE DOWNTOWN SPECIFIC PLAN; AND,
AMENDING SECTION 17.16.080. B. REVISING THE PURPOSES OF
THE DOWNTOWN SPECIFIC PLAN OVERLAY ZONE.
WHEREAS, at a duly noticed public hearing on September 1,
1999, the City Council considered the recommendations of the
Planning Commission concerning certain Zoning Code Amendments
which include: a) a Council initiated amendment to provide for
improved development application review and processing within
the Downtown Specific Plan area; and, b) a Council initiated
amendment to permit limited retail commercial uses within the C-
0 (Commercial Office) zone only within the Downtown Specific
Plan area; and
WHEREAS, the Planning Commission of the City of Moorpark
considered the referenced amendments at duly noticed public
hearings as indicated herein and took the actions indicated
herein: a) Zoning Code Amendment 99 -07 related to permitting
limited retail commercial uses within the C -0 (Commercial
Office) Zone was considered by the Planning Commission on August
9, 1999, and Resolution PC -99 -380 was adopted recommending that
City Council approve said amendment; b) Zoning Code Amendment
99 -08 related to the processing of development projects within
the Downtown Specific Plan area was considered by the Planning
Commission on August 9, 1999, and Resolution PC -99 -381 was
adopted recommending that the City Council approve said
amendment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Title 17, Zoning, of the Municipal Code of
the City of Moorpark is amended by amending Chapter 17.44,
S:Community Development\ Everyone\ Jlibiez \ORDtitle17amendmentsCC9199ARev .l.doc
ATTACHMENT 1
®0004
Ordinance No.
Page 2
"Entitlement- Process and Procedures" as shown in Exhibit A,
attached hereto and incorporated herein by this reference;
SECTION 2. Table 17.20.060 of Title 17, Zoning, of the
Municipal
Exhibit B,
reference.
Code of the City of Moorpark is amended as shown in
attached hereto and incorporated herein by this
SECTION 3. Section 17.16.080.B of Title 17 is amended
to read as follows:
"B. Specific Plan - Downtown (SP -D) Overlay Zone.
The purpose of this overlay zone is to provide for special
design standards and to control uses within the downtown
core area."
SECTION 4. If any section, sub - section, sentence,
clause, phrase, part or portion of this Ordinance is for any
reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City
Council declares that it would have adopted this ordinance and
each section, sub - section, sentence, clause, phrase, part or
portion thereof, irrespective of the fact that any one or more
sections, sub - sections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
SECTION 5. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
SECTION 6. The City Clerk shall certify to the passage
and adoption of this Ordinance; shall enter the same in the book
of original ordinances of said city; shall make a minute of the
passage and adoption thereof in the records of the proceedings
of the City Council at which same is passed and adopted; and
shall within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark
Star, a weekly newspaper of general circulation, as defined in
Section 6008 of the Government Code, for the City of Moorpark,
and which is hereby designated for that purpose.
®0®042
Ordinance No.
Page 3
PASSED AND ADOPTED this 29th day of September, 1999.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
ATTACHMENTS:
Exhibit A: Table 17.20.060, amended
Exhibit B: Chapter 17.44, amended
0 000.
Table 17.20.060
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
Airfields and landing pads and strips, private
Airports
Alcoholic beverage?
Establishments selling beer and/or wine with an eating place
Establishments selling alcoholic beverages other than beer
and wine with an eating place
Amusement and recreational facilities (see definitions in Ch. 17.08)
Amusement parks and carnivals
Arcades
Batting cages and golf driving ranges, indoor
Bicycle racing tracks, outdoor
Health club /gymnasium (see definitions)
Martial arts and dance studios
Motion picture theaters, outdoor (drive -in)
Racetracks (for motorized vehicles), shooting ranges and stadiums
Art galleries, museums and artisan workshops
Automo i e repair, including component repair
Automobile service stations
Banks and related financial offices and institutions
Barber, hairstylists, manicurists
Tanning centers
Bars, taverns and nightclubs'
Botanical gardens
Care facilities: For 7 or more persons' (see also H &SC and W &IC)
Days'
Intermediate and residential
Care facilities: For 9, or more persons (Day)
Car washes, self - service or automatic
Cemeteries, columbaria and mausoleums
Crematoria, accessory
Churches, synagogues and other buildings used for religious worships
Clubhouses
With alcoholic beverages
Club projects, temporary outdoor
(Moonwk 12 -98) 314
.;o
•
•
O
•
O
C2
O
O
CO
C1
CPD
M1
M2
I C -OT
O
O
O
O
O
• •
O
O
O
O
O
0
0
0
0
0
0
E
E
E
E
E
E
.;o
•
•
O
•
O
•
O
O
O
O
O
O
O
O
O
• •
O
O
• •
O
O
O
O
PROHIBITED
O
•
O
•
O
O
O
O
O
•
O
•
O
O
• O
•
O
O
O • •
O •
•
O O
EXHIBIT A
0000 0- 4
O
O
O
O
O
O
O
O
O
O
O
O
O
0.0
O
O
O
O
O
4
O
EXHIBIT A
0000 0- 4
1 1.1
C2
CO C1 CPD M1 M2
Crop production'
Firewood operations O O
Uses and structures, accessory
Dwelling, farm worker (maximum one per lot) O O
Fuel storage°
Offices O O
3141 (Moogmk 9 -97)
000(M5
17.20.060
000G 4G
C2
CO
C1 CPD
M1
M2
I
C -OT
Communications facilities
O
O O
O
O
O
O
Radio and television broadcasting stations
O
•
•
O
O
Conference center /convention center
O
O
Contractor service and storage yards and buildings
•
Crop production"
Firewood operations
O
O
Uses and structures, accessory
Dwelling, farm worker (maximum one per lot)
O
O
Fuel storage'
Offices
O
O
Packing, preliminary processing, or storage of crops: Without
structures°
Produce stands, retail'
Dog and cat grooming
•
O
Dressmaking and tailor shops
•
Drilling, temporary geologic (testing only)
O
O
Dwelling for superintendent or owner
Dwelling, caretaker
O
Education and training
Colleges and universities
O
•
O
Schools: Elementary and secondary (nonboarding only)2-'
•
• •
•
•
O
Schools: Professional, vocational, art, craft and self - improvement
O
O •
•
O
Energy production from renewable sources
O
O
Festivals and similar events, temporary outdoor
O
O
•
Government buildings, excluding correctional institutions
•
• •
•
O
0
Fire stations
•
• •
O
O
O
Libraries and information center
•❑
Grading'
Within an overlay zone
SEE CHAPTER
17.36
Grading not in conjunction with a development project
Less than 5,000 cubic yards
More than 5,000 cubic yards
O
Health club /gymnasium (see definitions)
•
Health services such as professional offices and outpatient clinics
•
• •
O
O
Ambulance services
O
•
•
O
Hospitals
O
O
O
Pharmacy, accessory retail, for prescription pharmaceuticals only
•
• •
Hotels, motels and bed- and - breakfast inns
•
•
Kennels (animal hospitals, boarding and grooming- -small animals)
O
Laboratories: research and scientific
•
•
Medical and dental
•
•
•
•
Laundry service (laundromats)
Laundry service (light)
•
Libraries and information center
•
• •
0
Manufacturing associated with crafts and artisans
Assembly, exhibits, demonstration
O
Manufacturing industries
Apparel and related products
•
•
Dressmaking and tailor shops
• •
315
(Moorpark
12.98)
000G 4G
17.20.060
Chemicals, gases and related products (see definitions), excluding
nerve gas
Drugs, pharmaceuticals, perfumes, cosmetics and the like
Soaps, detergents and cleaners
Electrical and electronic machinery, equipment and supplies
Batteries
Household appliances
Transmission and distribution equipment, and industrial apparatus
Food and related products
Alcoholic beverages
Bakery products
Meat, seafood and poultry packing plants
Slaughtering; refining and rendering of animal fats and oils
Sugar refining
Furniture and related fixtures
Instruments: measuring, analyzing and controlling
Jewelry, silverware and plated ware
Laundry service— laundromats6
Laundry service —lighe
Laundry service— heavy6
Leather and leather products
Tanning, curing and finishing of hides and skins
Lumber and wood products and processes
Cabinet work
Plywood, particleboard and veneer manufacture; wood preserving
Sawmills and planing mills
Machinery, except electrical
Office, computing and accounting machines
Metal industries, primary
Rolling, drawing and extruding
Metal products, fabricated
Ammunition
Machine shops
Plating, polishing, anodizing, engraving and related operations
Musical instruments, including pianos and organs
Paper and related products
Products from paper and paperboard, including containers
Pens, pencils and other office and artists' materials
Personal goods
Petroleum refining and related industries
Photographic, medical and optical goods, and watches and clocks
Printing, publishing and related industries
Print shops (up to 1,500 sq. ft. of gross floor area)
Rubber and plastics products
Tire retreading and recapping
Signs and advertising displays
Stone, clay and glass products
Asbestos products
Cement, concrete and plaster, and products fabricated therefrom
Glass and glassware, pressed and blown, including flat glass
(Moorpark 12.98)
316
C2
CO C1 CPD M1 M2 I C -OT
C =I
O
O •
O •
O •
• •
O
r
u
• •
• •
•
•
•
•
•
•
O
•
O
•
•
•
•
•
•
•
O
•
O
•
O
O
0000"2
Glass products, made of purchased glass
Rock crushing and sandblasting plants
Textile mill products
Tobacco products
Toys and amusement, sporting and athletic goods
Transportation equipment
Motorcycles, bicycles and related parts
Martial arts and dance studios
Mineral resource development
Mining and accessory uses'
Less than 9 months in duration
Public works maintenance
Oil and gas exploration and production'
Motion picture and TV production, and related activities and structures
Temporary (maximum 47 days in any 180 -day period)"
Offices: business, professional and administrative, except health and
veterinary
Optical goods
Organizations (professional, religious, political, labor, trade,
youth, etc.)
Parks — public
Parking lots
Pharmacy, accessory retail, for prescription pharmaceuticals only
Photocopy /quick printers
Photofinishing (1 -hour photo)
Pipelines and transmission lines, aboveground
Produce stands, retail
Propulsion (engine) testing
Public utility facilities`
Offices only
Service yards
Recording studios and sound stages
Rental and leasing of durable goods
Bicycle rental
Repair and reconditioning services
Automobile body work and painting
Automobile repair, including component repair
Electrical and electronic machinery and equipment
Heavy machinery repair, including trucks, tractors and buses
Instruments, including musical instruments
Office, computing and accounting machines
Photographic and optical goods
Repair of personal goods such as jewelry, shoes and saddlery
Restaurants, cafes and cafeterias
Restaurants, cafes and cafeterias' temporary outside eating
Retail trade (see definitions in Chapter 17.08) includes retail -only
nurseries and excludes lumber and building materials sales yards,
pawnshops and liquor stores
Outdoor sales area
Outdor sales area temporary
Antique store
317
17.20.060
H
O
O
C2
O
CO
C1
CPD
M1
M2
I C -OT
O O
O
O
•
•
O
• •
•
•
•
•
•
•
O
•
O
O
O
O
O
•
•
•
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O O
•
•
•
•
•
O
•
O
O
•
•
•
•
•
O
H
O
O
O
O
O O
O
O
O
O
O
• •
•
•
•
O
•
•
O
•
O
O
O
O
O
•
O
O
•
O
O
O
O
O
•
•
•
•
(Moorpark 12 -98)
0000/13
17.20.060
Retail trade (see definitions)
Christmas tree sales'
Feed stores
Lumber and building materials sales yards
Mail order houses (nonstore)
Motor vehicle, mobilehome, recreational vehicle and boat dealers'
Nurseries
Uses and structures, accessory
Outdoor sales and services, temporary' (see definitions)
Repair of products retailed
Salvage yards, including automobile wrecking yards
Service establishments
Business (see definitions)
Auction halls, not involving livestock
Disinfecting and exterminating services
Exhibits, building of
Sign painting and lettering shops
Personal (see definitions)
Signs (See also Section 17.20.040 and Chapter 17.40)
Freestanding off -site advertising signs
Swap meets
Taxidermy
Transportation services (see definitions)
Bus and train terminals
Stockyards, not primarily for fattening or selling livestock
Truck storage, overnight
Trees and native vegetation: removal, relocation or damage'
Within an overlay zone
Uses and structures, accessory
Dwelling, for superintendent or owner
Dwelling, caretaker
Game machines: three or fewer
Recreational facilities, restaurants and cafes: for employees only
Retail sale of products manufactured on -site
Temporary buildings during construction'
Vaccination clinics, temporary, for pet animals'
Veterinary clinics, pet animals only'
Warehousing and storage, including ministorage
Automobile impound yards; dead storage of trucks, buses and the like
Building materials, movers' equipment and the like: indoor
Outdoor
Fertilizer and manure
Hazardous materials; including pesticides and herbicides
Petroleum and gas (butane, propane, LPG, etc.); explosives and
fireworks
Recreational vehicles
Storage of building materials, temporary'
Waste treatment and disposal (see definitions)
Recycling facilities and centers
Water production, storage and distribution facilities: Private purveyors`•"
(Moorpark 12 -98) 31$
C2
CO C1 CPD M1 M2 I C -OT
O
O O
• •
O
O
SEE PRINCIPAL USE
n
SEE CHAPTER 17.36
SEE PRINCIPAL USE
O O O O
O O
•
O
O
•
O
O
O
O
O
O
•
•
•
O
O
♦
♦
O
O
O
O
O
O
•
O
•
O
O
n
SEE CHAPTER 17.36
SEE PRINCIPAL USE
O O O O
O O
0®004.9
•
O O
0®004.9
•
O
•
O
O
O
O
♦
♦
O
0®004.9
17.20.060
C2
CO C1 CPD M1 M2 I C -OT
Wholesale trade • •
Zoological gardens, animal exhibits and commercial aquariums O O
Notes for Table 17.20.060:
I. There are specific regulations for this use; see Chapter 17.28.
2. If there is an existing planned development permit for the site, the school facility could be permitted by approval
of a modification to the existing permit.
3. For M -1, M -2 and C -0 zones, a school facility would only be permitted where sponsored by or permitted within
an industrial or commercial use on the same site.
4. See also Section 17.20.040.
5. Churches located in existing buildings with an approved planned development permit will require a modification
to that permit.
6. If existing industrial building has approved IPD, restaurant will require approved minor modification to IPD.
7. Restaurants with temporary outside eating facilities shall receive a modification to the planned development permit.
8. Most public water facilities are exempt from these regulations.
9. The establishment must be an otherwise permitted or conditionally permitted use in the zone.
10. Applicable only to those properties within the boundaries of the Downtown Specific Plan Overlay Zone that
have a base zoning of CO._
(Ord. 247 § 1(E), 1998: Ord. 234 § 2, 1997; Ord. 233 § 3, 1997; Ord. 209 § 3, 1995; Ord. 200 § 3 (part), 1994; Ord.
189 § 3 (8105 -5), 1994)
318 -1 (Moorpark 12.98)
000 () :�1
Chapter 17.44
ENTITLM NT - PROCESS AND
PROCEDURES
17.44.030 ENTITLEMENT.
Subsection A.1. is amended by
adding (e) as follows:
e.(Added)Downtown Specific Plan
Discretionary Permits.
Discretionary permits within the
boundaries of the Downtown
Specific Plan that may be
required by this code for the
conversion of a residential
building or use to a commercial
use or to a commercial office
use, or, to provide entitlements
where a previous Planned
Development Permit has not been
issued, shall -be subject to the
review and approval of the
community development director.
Notice and hearing shall be
given in the same manner as that
required for an Administrative
Permit as set forth in Section
17.44.030.A.1.d. The director's
decision is subject to an appeal
period which shall end ten (10)
days after the director's
determination letter is rendered
pursuant to Section 17.44.060.
Plans similar in content and
information to those typically
required for a commercial
planned development permit shall
be prepared and submitted as a
portion of the application for
all discretionary permits within
the Downtown Specific Plan area
as established by this section.
17.44.040. Filing and processing
of application requests.
Subsection I is amended by
adding to the end of the
subsection the following
wording:
Fees for discretionary
applications to convert
residential buildings or uses to
commercial or commercial office
uses within the Downtown
Specific Plan area shall be
reduced from the fee established
by Resolution of the City
Council and shall not exceed
more than one -half of the
established fee for such
application, or, the fee shall
not exceed the actual cost of
the processing of the
application to its completion,
whichever is less.
17.44.050 Notice and hearing
procedure.
Subsection A.3.d. is amended to
read as follows:
The owners of real property
situated within a radius of one
thousand (1,000) feet, with the
exception of discretionary
permits identified by Section
17.44.030.A.1.e. within the
Downtown Specific Plan area, or
a variance request associated
with one (1) single - family
residential dwelling unit, each
of which shall have a distance
requirement of three - hundred
(300) feet of the exterior
boundaries of the assessor's
parcel(s) which is the subject
of the application. Names and
addresses shall be obtained by
the applicant from the latest
equalized assessment roll. If
the number of owners exceeds one
thousand (1,000), a one - eighth
page advertisement published at
least ten (10) days prior to the
hearing in a newspaper of
general circulation may be
substituted for the direct
mailing.
M:\JLibiez\M\DWNTWNSP\CDDappDSPpermits\17.44revision.docEXHIBIT B
Downtown Discretionary Permits
Page 2
17.44.090 Appeals.
Subsections A and C are amended
to read as follows:
A. General. Unless otherwise
prescribed by this subsection,
an application for an appeal
concerning any order,
requirement, permit or decision
made in the administration of
this title may be filed by an
aggrieved party within fifteen
(15)days after the alleged
decision - making error, or on the
following work day if the
fifteenth day falls on a weekend
or holiday.
An application for appeal from
the decision of the community
development director or the
administration of the
application process for
applications referenced within
Section 17.44.030.A.1.e may be
filed within ten (10) days.
Fees for such appeals shall be
one -half the appeal fee
contained within the fee
schedule established by
resolution of the City Council.
Approval of a Zone Clearance or
other ministerial approvals are
not appealable other than by the
applicant of the ministerial
approval. Included within this
section are appeals of the
director of community
development's refusal to accept
or process an application until
the applicant has paid all
outstanding fees and charges in
accordance with subsections
A, (I) (1) and (I) (3) of Section
17.44.040.
Decisions made regarding
enforcement reports, which are
not a part of this title, are
not appealable.
In hearing and deciding an
appeal of the director of
community development's refusal
to accept an application for the
reasons cited herein, the
planning commission shall
consider the correctness of the
amount of the outstanding debt
or charge and whether the debt
or charge is owed by the
appellant, if such issues are
raised by the appellant.
C. Appeal Period. The appeal
period for appeals to city
decision - making authorities
shall end fifteen (15) days, or
in the case of permits
referenced by Section
17.44.030.A.1.e ten (10) days,
after the decision being
appealed is rendered pursuant to
Section 17.44.060, or on the
following work day if the last
day of the appeal period falls
on a weekend day or holiday.
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