HomeMy WebLinkAboutAGENDA REPORT 2001 0502 CC REG ITEM 09ATO:
FROM:
DATE:
CITY OF MOORPARK
AGENDA REPORT
Honorable City Council
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Wayne Loftus, Director of Conununity Developmentl�
Prepared by: John Libiez, Planning Manager /Advanced
April 24, 2001 (CC meeting of 5/2/01)
SUBJECT: Consider Zoning Ordinance Amendment ZOA 2001 -02
Related to Chapter 17.44 "Entitlement- Processing and
Procedures ", and Chapter 17.60, "Amendments to this
Title ". (Continued from the City Council Meeting of
April 18, 2001, Public Hearing Open)
BACKGROUND:
City Council has requested that staff and the Planning
Commission periodically study and recommend amendments as may be
needed to the Zoning Ordinance for City Council consideration.
On August 20, 1997, City Council adopted Resolution Nos. 97 -1312
and 97 -1367 directing that the Planning Commission study and
provide recommendations concerning amendments to Chapters 17.44
and 17.60 of the Municipal Code.
The amendments presented here for Council consideration are the
next in a series that began with the consideration of allowable
uses within the Downtown Specific Plan, process and procedure
for certain use conversions in the Downtown Specific Plan,
hospice care facilities, lighting regulation and non - conforming
uses. Future considerations are expected to include amendments
to parking regulations, recreational vehicle parking and
storage, signage, open space zoning and uses, and design
guidelines for projects.
The proposed amendments address various aspects of the
entitlement process and procedure and the amendment process. The
Planning Commission considered these proposed code amendments at
their February 12th and February 26, 2001, meetings and adopted
Resolution No. PC- 2001 -402 recommending adoption of the proposed
amendments to Council. The two code chapters as recommended are
S: \Community Development \Everyone \Zone Ordinance
Amendments\ CCstfrptl7.44 &17.60Apr18.0l.doc �-•,
Zoning Ordinance Amendment 2001 -02
April 24, 2001
Page 2
attached to the draft ordinance, which accompanies this agenda
report.
DISCUSSION:
The proposed Zoning Ordinance Amendments submitted for Council
consideration are a result of preliminary work efforts by a
planning consultant, which staff reviewed, edited and finalized.
For purposes of discussion it is suggested that Council consider
these matters in the sequence provided in this report.
Chapter 17.44.
Ordinance 265 was adopted by City Council on October 6, 1999,
and addressed process and procedure related to minor permits for
conversion of residential units into businesses or offices
solely within the Downtown Specific Plan area. As a follow -up to
that discussion, staff has initiated a study of other potential
amendments for future consideration.
The proposed changes include the following:
• Section 17.44.030.2: Require all permits and clearances
issued to be consistent with the General Plan and any
applicable specific plan.
• Section 17.44.030.C.: Clarifies the standards and
circumstances (Findings) required to grant a variance.
• Section 17.44.030.D.: Concerning the current
"Administrative Variance ", the amendment proposes to: (1)
rename these applications to "Administrative Exception ",
(2) provide specific findings for issuance of an exception,
(3) changes the radius of public notice for an exception,
and (4) adds a provision to grant an exception for lot area
for a second dwelling unit.
• Section 17.44.040.D: Clarifies supplemental information
considerations for previously incomplete applications.
• Section 17.44.040.F.: Clarifies nullification of a permit
for non - compliance with conditions.
• Section 17.44.040.I: Removes extraneous wording from the
fee section and references fees as set by Resolution.
• Section 17.44.040.I.2: Exempts from fees certain appeal
filings by specific entities.
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Amendments\ CCstfrptl7.44 &17.60Aprl8.0l.doc
GI 0 0
Zoning Ordinance Amendment 2001 -02
April 24, 2001
Page 3
• Section 17.44.050.A.2.: Requires hearing notice publication
in a newspaper of general circulation within the
jurisdiction of the City.
• Section 17.44.050.B.: Deletes unneeded sign references
under hearing procedures.
• Section 17.44.050.D.: Clarifies posting of continued
matters.
• Section 17.44.060.: Modifies language. for notice of
decisions.
• Section 17.44.090.: Clarifies the effect of an appeal.
• Section 17.44.090.: Clarifies who may file appeals and who
receives the appeal filing.
Chapter 17.60.
The proposed amendments to this Chapter were prepared by the
consultant and after discussion at the Planning Commission
hearing were modified by staff to address the Planning
Commission's recommendation.
The proposed changes to Chapter 17.60 are in effect a
substantial re -write of the existing chapter. The proposed
changes simplify the language of the chapter and make it more
user friendly.
Principal changes include the addition of sections addressing:
• Section 17.60.020.: Differentiating types of Amendments, which
include General Plan, Specific Plan, Zoning Map and Zoning
Text. This section also defines three types of amendments as
Major, Minor, and Technical.
• Section 17.60.030.: Establishes methods to initiate
Amendments.
• Section 17.60.060.: Establishes the approving body for the
different amendments.
• Section 17.60.090.: Clarifies language concerning Re-
applications on the same property.
• Section 17.60.100.: Clarifies the findings required for
approving amendments.
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Amendments\ CCstfrptl7.44 &17.60Apr18.0l.doc C ? t
Zoning Ordinance Amendment 2001 -02
April 24, 2001
Page 4
City Attorney Suggested Modifications:
The City Attorney has reviewed the proposed ordinance amendments
and suggested several changes, which have been incorporated, to
the chapters attached to the draft ordinance.
Chapter 17.44.
Section 17.44.030.D. Administrative Exception -
Numbering of this section needs to be made consistent to
that typical throughout the code.
Chapter 17.60.
Section 17.60.020 - delete sub - paragraph "C ".
Section 17.60.060 - Delete all wording after the first
sentence.
Sections 17.60.070 and 080 - Change reference to section
17.60.070 to section 17.60.100.
Section 17.60.070 - Delete the words "ordinance or" in the
last sentence.
Exhibits "A" and "B" of Attachment 1 include Planning Commission
recommendations and modifications /clarifications from the City
Attorney and Staff since the Planning Commission action.
Staff has determined that the proposed zoning ordinance
amendments are exempt under the City's rules to implement CEQA.
STAFF RECOMMENDATIONS
1. Continue the public hearing; receive public testimony;
close the public hearing.
2. Approve the proposed changes and introduce for first
reading an ordinance of the City Council of the City of
Moorpark to amend Zoning Ordinance Chapters 17.44.and
17.60.
ATTACHMENTS:
1. Draft Ordinance No. 2001-
2. Planning Commission Resolution PC -2001 -402
3. Planning Commission Staff Report Dated 2/26/01
4. Planning Commission Staff Report Dated 2/12/01
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Amendments\ CCstfrptl7.44 &17.60Apr1S.01.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, ADOPTING ZONING
ORDINANCE AMENDMENT ZOA 2001 -02 TO TITLE 17,
ZONING, OF THE MUNICIPAL CODE OF THE CITY OF
MOORPARK, BY AMENDING CHAPTER 17.44
"ENTITLEMENT PROCESS AND PROCEDURE" AND
CHAPTER 17.60 "AMENDMENTS TO THIS TITLE"
WHEREAS, at a duly noticed public hearing on April 18, and
May 2, 2001, the City Council considered the recommendations of
the Planning Commission concerning certain Zoning Ordinance
Amendments which include: a) modifications and clarification to
entitlements procedures and processes; and, b) a substantial
reconstruction and clarification of the methods and process for
acquiring amendments to the General Plan, Specific Plans, Zoning
Map and Zoning text; and
WHEREAS, the Planning Commission of the City of Moorpark
considered the referenced amendments at duly noticed public
hearing as indicated herein and took the actions indicated
herein: a) Zoning Ordinance Amendment 2001 -02 was considered by
the Planning Commission on February 12, and 26, 2001, and
Resolution PC- 2001 -402 was adopted recommending City Council
approval of said amendments; and
WHEREAS, the Planning Commission considered the referenced
amendments in response to City Council direction as contained
in Resolution 97 -1367;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 17.44, "Entitlement Process and
Procedures" of Title 17, Zoning, of the Municipal Code of the
City of Moorpark is hereby replaced in its entirety as shown in
Exhibit A, attached hereto and incorporated herein by this
reference;
SECTION 2. Chapter 17.60, "Amendments to this Title" of
Title 17, Zoning, of the Municipal Code of the City of Moorpark
is hereby replaced in its entirety as shown in Exhibit B,
attached hereto and incorporated herein by this reference;
11MOR— PRI— SERV1City SharelCommunity DevelopmentlEveryone\Zone Ordinance Amendmentslcc -010418 ZOA2001.02 ordinance.doc
ATTACHMENT I C; UG05
Ordinance No.
Page 2
SECTION 3. If any section, subsection, 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,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 4. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
SECTION 5. 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 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.
PASSED AND ADOPTED this day of
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment:
Exhibit A: Amended Chapter 17.44
Ordinance No.
Page 3
Exhibit B: Amended Chapter 17.60
Chapter 17.44
ENTITLEMENT- - PROCESS AND PROCEDURES
Sections:
17.44.010 Purpose.
17.44.020 Legal lot requirement.
17.44.030 Entitlement.
17.44.040 Filing and processing of application requests.
17.44.050 Notice and hearing procedures.
17.44.060 Decisions.
17.44.070 Reapplication.
17.44.080 Modification, suspension and revocation.
17.44.090 Appeals.
17.44.100 Effect of change of zoning regulations.
17.44.010 Purpose.
The purpose of this chapter
is to establish procedures
for the processing of land
use entitlement, including
permits and variances. (Ord.
189 § 3 (8111 -0), 1994)
17.44.020 Legal lot
requirement.
No permit shall be issued
for construction on a lot,
which is not a legal lot, as
defined by this title. (Ord.
189 § 3 (8111 -1), 1994)
17.44.030 Entitlement.
A. Discretionary Permits.
Entitlement authorized by
this title include the
following:
1. Types of Discretionary
Permits.
a. Planned Development (PD)
Permit.
A planned development permit
is a permit based on a
discretionary decision
required prior to initiation
of specified uses and
structures which are allowed
as a matter of right, but
which are subject to sites
plan review and which may be
conditioned in order to
assure compliance with the
requirements of this title
and with the purposes of the
applicable zone.
Planned development permits
may be granted by the
administrative hearing
process or by the Planning
Commission or City Council
through a public hearing
process. This includes
industrial planned
development (IPD),
residential planned
development (RPD) and
commercial planned
development (CPD).
b. Conditional Use Permit
( CUP) .
A conditional use permit is a
permit based on a
discretionary decision
required prior to initiation
' Corrections since Planning
Commission review
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Exhibit -A
Page 1
of particular uses not
allowed as a matter of right.
Such permits are subject to
site plan review and may be
conditioned at the time of
approval. The application for
such a use shall be approved,
conditionally approved, or
denied through a public
hearing process before the
decision - making authority
specified in Table 17.20.060.
The procedures for notice of
the public hearing, conduct
of the hearing and receipt of
testimony shall be as
specified in Section
17.44.090. The application
may be denied on the basis
that the applicant has not
met the applicable burden of
proof required by
17.44.0330.2.a through f.
Prior to approving,
conditionally approving, or
denying an application, the
decision- making authority
shall make written findings
based upon substantial
evidence in view of the whole
record to justify the
decision. With the exception
of projects initiated by a
City agency or department and
for conditional use permits
for alcoholic beverages, when
the City Council is the
decision - making authority,
the application shall first
be reviewed by the Planning
Commission . When the
Planning Commission is the
decision- making authority,
its decision to approve,
conditionally approve, or
deny the application may be
appealed to the City Council
pursuant to Section
17.44.090.
c. Temporary Special Use
Permit. (TUP)
The director of community
development may authorize, by
zone clearance, a use or
structure for a temporary
period of time (not to exceed
ninety (90) days) Where a
delay incident to the normal
processing of an application
would be detrimental to the
applicant or the public, the
director of community
development may grant
additional ninety (90) day
extensions to the temporary
special use permit. Temporary
use permits shall be
considered discretionary
permits and as such may be
conditioned so as to not be
physically detrimental to the
health, safety, life or,
property of the applicant or
the public.
Examples of temporary use
permits include but are not
limited to; special events
such as Christmas tree sales,
promotional parking lot
sales, church carnivals,
country days and sidewalk
sales, provisions for uses
for a limited period of time
consistent with the zoning
district where located and
the temporary placement of
portable buildings and
structures.
These permits may be
reviewed by other affected
agencies prior to approval.
The purpose of the review is
to determine if such a
requested use is in any a
problem as it relates to the
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Exhibit -A
Page 2
adjacent uses. A temporary
use permit may be revoked by
the approving authority prior
to the expiration date based
upon information that the
conditions have not been
complied with, or other
justifiable reason as
determined by the approving
authority.
d. Administrative Permit (AP).
An administrative permit is a
director of community
development approved permit
based on a discretionary
decision required prior to
initiation of a use or
structure requiring the
permit. Administrative
permits are subject to site
plan review and may be
conditioned in order to
assure compliance with the
requirements of this title
and with the purposes of the
applicable zone. At least ten
(10) days prior to approval
or denial of the permit, the
director of community
development shall provide a
notice to surrounding
property owners as identified
by the latest equalized
assessment role of Ventura
County, by U.S. mail, of the
director's intention to
approve or deny the permit to
surrounding property owners
within three hundred (300)
feet of the property. All
notices shall include the
identity of the director of
community development as the
approving authority, a
general explanation of the
matter to be considered, and
a general description, in
text or by diagram, of the
subject property, a final
date by which comments must
be received by the director
of community development for
the hearing date. Prior to
approval, conditional
approval, or denial of the
administrative permit, a
hearing date shall be set by
the director of community
development. The public may
attend the hearing and give
testimony. The director's
decision is subject to an
appeal period which shall end
ten (10) calendar days after
the director's decision is
rendered pursuant to Section
17.44.060, or on the
following workday if the
tenth (loth ) day falls on a
weekend or holiday.
e. Administrative Permits
within the Downtown Specific
Plan.
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
director of community
development. Notice and
hearing shall be given in the
same manner, as that required
for an administrative permit
as set forth in Section
17.44.O3O.A.l.d. The
director's decision is
subject to an appeal period
which shall end ten (10) days
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Exhibit -A
Page 3
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 (CPD)
shall be prepared and
submitted as a portion of the
application for all
discretionary permits within
the Downtown Specific Plan
are as established by this
section.
2. *Discretionary Permit
Standards.
Planned development,
conditional use permits,
*administrative permits and
temporary use permits may
only be granted if all billed
fees and charges for
processing the application
request that are due for
payment have been paid. *ate
3€ All of the following
standards *are must be met,
or if such conditions and
limitations, including time
limits, as the decision -
making authority deems
necessary, are imposed to
allow the standards to be
met. The applicant shall have
the burden of proving to the
satisfaction of the
appropriate decision - making
authority that the proposed
development:
a. Is consistent with the
intent and provisions of the
city's general plan, and any
applicable specific plan and
this title;
b. Is compatible with the
character of surrounding
development;
c. Would not be obnoxious
or harmful, or impair the
utility of neighboring
property or uses;
d. Would not be detrimental
to the public interest,
health, safety, convenience
or welfare; and
e. If a conditionally
permitted use, is compatible
with existing and planned
land uses in the general area
where the development is to
be located.
f. Is compatible with the
scale, visual character and
design of the e€— surrounding
properties, designed so as to
enhance the physical and
visual quality of the
community, and the
structure(s) have design
features which provide visual
relief and separation between
land uses of conflicting
character.
3. Additional Standards for A-
E Zone.
In addition to the
provisions of subsection A(2)
of this section, before any
permit is issued for any land
use which requires a
conditional use permit in the
A -E zone, the following
standards shall be met or be
capable of being met with
appropriate conditions and
limitations being placed on
the use:
a. That the establishment
or maintenance of this use
will not significantly
reduce, restrict or adversely
affect agricultural resources
or the viability of
agricultural operations in
the area;
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Exhibit -A
Page 4
f"11--10011
b. That structures will be
sited to minimize conflicts
with agriculture and that
other uses will not
significantly reduce,
restrict or adversely affect
agricultural activities on-
site or in the area, where
applicable; and
c. That the use will be
sited to remove as little
land from agricultural
production (or potential
agricultural production) as
possible.
4. Compliance with Other
Documents.
When necessary to ensure
consistency with other City
planning documents such as,
but not limited to, Specific
plans, conditions which are
more restrictive than the
standards of this title may
be imposed on discretionary
permits.
5. Additional Standards for
Overlay Zone.
In addition to the
provisions of subsection A(2)
of this section, development
within any overlay zone
having specific development
standards, pursuant to
Chapter 17.36, must comply
with such standards.
6. Additional Standard for
Hazardous Waste Facilities.
For any proposed development
of a hazardous waste
facility, the following
additional standard must be
made or be capable of being
made with conditions and
limitations being placed on
the use:
a. That the proposed
hazardous waste facility is
consistent with the portions
of the county hazardous waste
management plan which
identifies specific sites or
siting criteria for hazardous
waste facilities.
7. Additional Standards for
Establishments Selling
Alcoholic Beverages.
If the proposed development
is an establishment selling
alcoholic beverages, the
applicant shall have the
burden of proving, in
addition to the provisions of
subsection A(2) of this
section, that:
a. The use will not result
in an over concentration in
the area of establishments
selling alcoholic beverages;
b. The use will serve a
public convenience;
c. The use will not create
the need for increased police
services;
d. The requested use at the
proposed location will not
adversely affect the economic
welfare of the community;
and;
e. The exterior appearance
of the structure will not be
inconsistent with the
external appearance of
commercial structures already
constructed or under
construction on surrounding
properties, or within the
immediate neighborhood so as
to cause blight,
deterioration or
substantially diminish or
impair property values within
the neighborhood.
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Page 5 � 121
B. Other Entitlement.
1. Zoning Clearance.
A zoning clearance is a
permit which is granted on
the basis of a ministerial
decision by the director of
community development or
designee without a hearing. A
zoning clearance certifies
that a proposed use of land
or structures meets all
requirements of this title
and the applicable conditions
of any previously approved
permit.
a. Applicability of Zoning
Clearance. Except as provided
in Section 17.20.030, a
zoning clearance is required
prior to the implementation
of uses of land or
structures, construction
requiring building permits,
and the commencement of any
activity authorized by a
permit or subdivision granted
in accordance with the zoning
and subdivision ordinances of
the city. A zoning clearance
shall be issued if the
proposed use of land or
structures:
i. Is permissible under the
present zoning on the land
and the city's zoning and
subdivision ordinances;
ii. Is compatible with
the policies and land use
designations specified in the
general plan, and any
applicable specific plan;
iii. Complies with the
applicable terms and
conditions of any applicable
permit or other entitlement;
iv. Is not located on the
same lot where a violation of
this title exists or of the
terms of an existing permit
covering the lot, unless the
zoning clearance is necessary
to the abatement of the
existing violation;
v. Is not being requested
by or on a site or for the
same party that owes the City
fees for charges under
Section 17.44.040I;
vi. Is not located on the
same lot where a violation
exists of any City ordinance
regulating land use, such as
the City building code or any
grading ordinance; and
vii. Is consistent with
the portions of the county
hazardous waste management
plan which identifies
specific sites or siting
criteria for hazardous waste
facilities.
b. Expiration. Zoning
clearances shall expire one
hundred eighty (180) days
after issuance, unless
otherwise indicated on the
clearance or unless the use
of land or structures or
building construction has
commenced and is being
diligently pursued, as
evidenced by current
inspections and /or valid
building permits.
C. Variances.
Variances are adjustments in
the regulations contained in
this title. Variances are
based on discretionary
decisions and may be granted
to allow deviations from
ordinance regulations
governing such development
factors as setbacks, height,
lot coverage, lot area and
width, signs, off - street
parking, landscaping and
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Exhibit -A
Page 6. � �
wall, fencing and screening
standards. Variances shall be
processed in accordance with
the provisions of this
chapter. Variances may not be
granted to authorize a use or
activity which is not
otherwise expressly
authorized by the zone
regulations governing the
property. Except as provided
in subsection C(5) of this
section, variance requests
shall be heard by the
Planning Commission through a
public hearing process.
1. Purpose. The sole
purpose of any variance shall
be to enable a property owner
to make reasonable use of his
or her property in the manner
in which other property of
like character in the same
vicinity and zone can be
used.
2. Standards for Variances.
Before any variance may be
granted, the applicant must
establish, and the decision -
making authority must
determine, that all of the
following standards are met:
a. That there are special
circumstances applicable to
the subject property with
regard to size, shape,
topography, location or
surroundings, such that the
strict application of the
zoning regulations denies the
property owner privileges
enjoyed by other property
owners in the vicinity and
under identical zoning
districts; and
b. That granting the
requested variance will not
confer a special privilege
inconsistent with the
limitations upon other
properties in the same
vicinity and zone; and
c. That strict application
of the zoning regulations as
they apply to the subject
property will result in
practical difficulties or
unnecessary hardships
inconsistent with the general
purpose of such regulations;
and
d. That the granting of
such variance will not be
detrimental to the public
health, safety or general
welfare, nor to the use,
enjoyment or valuation of
neighboring properties; and
e. That the granting of a
variance in conjunction with
a hazardous waste facility
will be consistent with the
portions of the county's
hazardous waste management
plan (CHWMP) which identifies
specific sites or siting
criteria for hazardous waste
facilities.
3. Burden of Proof. The
applicant shall have the
burden of proving to the
satisfaction of the
appropriate decision - making
authority that the above
standards are met.
4. Duration. Any variance
is considered to run with the
land. *Ai=t expiratien date may
be-- i-mpesed -Tat the the
D. Administrative Exception.
1.A request for a minor
exception from eertain types
standards of zoning
regulations may be approved
by the director of community
development as an
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Page 7
administrative exception,
upon making the following
findings:
a. That the granting of
the exception will not create
" tively - impacts to
abutting properties; and
b. That the strict
application of the zoning
regulations as they apply to
the subject property will
result in practical
difficulties or unnecessary
hardships inconsistent with
the general purpose of such
regulations; and
c. That the granting of
the exception is consistent
with the General Plan and /or
any applicable specific plan.
2.The director of community
development shall provide a
notice of the request, the
date when the action is to be
taken and a request for
written comments for or
against the request. The
notice shall be mailed to all
surrounding property owners,
within three hundred (300)
feet of the property, whose
names appear on the latest
ade, ted t equalized
assessment roll of Ventura
County. * A copy of the
notice shall be provided to
the City Council, Planning
Commission and the City
Manager. An administrative
exception may be granted only
in the following situations:
a. To allow a decrease not
to exceed47xg twenty percent
(20 %) in any required minimum
setback, provided that such
exception may be granted only
once from the minimum
standard adopted by this code
or any planned development
permit approved consistent
with this code;
b. To allow a decrease not
to exceeds ten percent
(10 %) in required parking
aisle width or similar
dimensional requirements;
c. To allow walls, fences
or hedges to exceed the
height limit regulations by a
maximum of one (1) foot in
setback areas, except in a
required sight triangle;
d. To allow an increase not
to exceedi-ng ten percent
(10 %) for maximum building
coverage, or sign area or
sign height.
e. To allow a five - percent
(5 %) decrease in the required
lot area for second units.
. (Ord. 234 §§ 3, 4, 1997;
Ord. 196 § 3 (part), 1994;
Ord. 189 § 3 (8111 -2), 1994)
17.44.040 Filing and
processing of application
requests.
A. Submission of Applications.
An application for a permit
or variance may be filed by
the owner of the property or
his /her authorized agent, a
lessee who holds a lease
whose terms permit the use
applied for, or by any duly
constituted government
authority or agent thereof.
Such application requests
shall be filed with the
department of community
development. No application
request shall be accepted for
filing and processing unless
it conforms to the
requirements of this title,
contains in a full, true and
correct form the required
materials and information
SACommunity DevelopmentlEveryone2one Ordinance AmendmenWChapter 1744codestyleW.doc 4/26/20013:24 PM
Exhibit -A
Page 8
prescribed by the forms
supplied by the department of
community development and is
accompanied by the
appropriate processing fees.
B. Existing Violations.
No application request for
an entitlement shall be
accepted if a violation of
the zoning ordinance,
subdivision ordinance or
municipal code exists on the
lot, provided that the
violation was a result of the
actions or inaction's of the
applicant or his
predecessor(s) in interest,
until the violation is
abated, unless the acceptance
of the application is
necessary to the abatement of
the existing violation.
C. Content of Applications.
The content of applications
shall be determined by the
*city. Site
plans and elevations (in
color, with building
materials identified), sample
floor plans and samples of
exterior finishing materials
may be required as part of
the permit procedure. If the
project is proposed to be
developed in phases, the
sequence of such phases shall
also be shown.
D. Completeness of
application.
Net later than thirty -( 39 )
eal endar —dam af�er he
planning di,.-islen has
aeeepted an applieatien n
this — t =i-tle, The applicant
shall be notified in writing
as to whether the application
is complete or incomplete, no
later than thirty calendar
days after the
divn *City has accepted
an application under this
title, except in the case of
zone changes and General Plan
Amendments, which are
legislative acts and thus are
not subject to the thirty
(30) day limit. If the
application is determined to
be incomplete, the applicant
shall be notified in writing
of the reasons for such
determination and of the
information needed to make
the application complete.
1. Review of Supplemental
Information. If an
application is deemed
incomplete and the applicant
subsequently submits the
required information, a new
thirty (30) day review period
begins on the day that the
supplemental information is
submitted.
2. Termination of
Incomplete Application. Upon
written notification to the
applicant, processing of an
incomplete application may be
terminated if no reasonable
effort has been made by the
applicant to complete the
application for a period of
ninety (90) days from the
date of notification of
incompleteness. All unused
fees shall be refunded to the
applicant. An extension to
this ninety (90) day period
may be granted by the
director of community
development upon written
request by the applicant
showing good cause.
&\Community DevelopmentlEveryone2one Ordinance Amendments\Chapter 1744codestyleV4.doc 4/26/20013:24 PM
Exhibit -A
Page 9
"
1-Y
E. Review and Conditioning of
Applications.
Applications and proposed
uses shall be reviewed to
determine the appropriate
environmental document, and,
by various City departments
as well as interested parties
such as cities and special
districts which are involved
in the review and
conditioning of projects.
1. Consultant Review. City
staff may refer any
application request to an
independent, qualified
consultant for review and
evaluation of issues beyond
the expertise or staffing
capabilities of the city. The
costs for all such consultant
work tegether combined with
the administrative charge in
effect at the time for
management of the consultant
contract shall be borne by
the applicant and are
independent of the fees paid
to the
City the processing of
the application request.
2. Securities. Except as
otherwise specified in this
title, the decision - making
authority may impose a penal
and /or performance security
on any discretionary
entitlement as a condition of
such entitlement. The
security(s) shall be filed in
a form acceptable to the City
attorney and certified by the
City clerk.
a. The required amount of
the security(s) may be
increased periodically by the
director of community
development in order to
compensate for inflation
(based on the applicable
regional Consumer Price
Index) or other factors, so
that the same relative value
of the security is maintained
over the life of the permit,
and to assure that
performance securities
continue to reflect the
actual anticipated costs for
completing a required task.
No security shall be released
until after all of the
applicable conditions of the
permit have been met.
b. In the event of any
failure by the permittee to
perform or comply with any
term or condition of a
discretionary entitlement,
the decision - making authority
may, after notice to the
permittee and after a public
hearing, determine by
resolution the amount of the
penalty, and declare all or
part of the security
forfeited. The sureties and
principal will be jointly and
severally obligated to pay
forthwith the full amount of
the forfeiture to the city.
The forfeiture of any
security shall not insulate
the permittee from liability
in excess of the sum of the
security for damages or
injury, nor from expense or
liability suffered by the
City from any breach by the
permittee of any term or
condition of the permit or of
any applicable ordinance or
of the security.
c. The permittee shall
maintain the minimum
specified amount of a penal
security throughout the life
of the entitlement. Within
S:1Community Development\Everyone\Zone Ordinance AmendmentslChapter 1744codestyleW.doc 4/26/20013:24 PM
Exhibit -A
Page 10
1- 0 01
thirty ( 3 0 ) days of any
forfeiture of a penal
security, the permittee shall
restore the security to the
required level.
3. Abandoned Oil /Gas Wells.
All projects will be reviewed
for location over or near any
abandoned or idle - deserted
oil or gas well, based on
maps provided by the State of
California Division of Oil
and Gas (D.O.G.) . In
addition, project applicants
shall notify the City and
D.O.G. immediately when such
wells are encountered in site
preparation or construction.
Applicants shall bear the
cost of re- abandonment if
required prior to project
approval. The City will
notify D.O.G. of the location
of any proposed project that
is found to be over or near
any such well(s).
Zening elearanees
-perfftiter
lieenses
and all
therefrem,
-and
A-and
cement
-all ether
b
emit
null and
, shall
vei d- if
e eeme
.
fnitted,
t
whieh was
in full,
- -e
true
was n
. The
and
glen it
eericeet
_..._nt
lieeR
elearanee;--
permi`
er
dees
issued
the te
net
eemply wit
t i
rms
tie ---•
and a
-~
the
end-i ens e
iandeiz this,
grantin�l
title.
3. The
*1 eer=anee
l i eeuses
erreneeiasly.
44. Prej
use
ent itlefaent
perfni
was - isstteh
t er
eez eRtitlefnents
*FG. vesting of Rights.
No person obtains any right
or privilege to use land or
structures for any purpose or
in any manner described in an
application merely by virtue
of the city's acceptance of
an application *e3 apprev
*GH. Amendments to this
Title. An application to
amend this title shall be
proposed in accordance with
Chapter 17.60.
*H-I-.1. Fees.
Each application request for
any purpose subject to the
regulations of this title,
except appeals, shall be
accompanied by payment of all
outstanding fees and charges
billed by and owed to the
City by the applicant or by
persons, partnerships,
corporations or other
entities owned or controlled
by the applicant. * er ewni:ng
Rar- thermere, Each application
request for any purpose,
including appeals and
requests for presubmittal
review, shall be accompanied
by the fee specified by
resolution of the City
council, before it is
accepted for filing and
processing. *The fees far
a l l ew eersae rs iens f remit
residei"itial to eeffhaer-eial er
residential te- e€ftee -ZSSc
&\Community DevelopmentlEveryone2one Ordinance Amendments\Chapter 1744codestyleAdoc 4/26/2001 3:24 PM
Exhibit -A
Page 11
Plan area shall be eae -haif
of the - standard - -fee as
eenta-ined i-a the Gity Fee
G 1 n. .mil „t-, er the
aetual eest - ef r=---
1 ieatien t-.. its
eempiet-ien whiehever
less.
2. Exemptions. *Ne F l = J ^
r
fee Reed aeeempany
app l i eat-ren €ems aetivities
4-H eiubs and little , . ,
whieh are- selely yeidth-
erien -ed—No filing fee shall
be charged or collected for
any application or appeal
filed and signed by City
ear, -- p . _ twe beard
Membera, two * Planning
Commissioners or
individual City
Councilmember. *mat
appeal is filed en behalf e-f
the ,-.
3. Penalty Fees. Where a
use actually commences, or
construction to that end is
commenced, prior to the
granting of the required
permit or variance, the fee
for said permit or variance
shall be doubled, provided
that the City has notified
the property owner of the
violation. *in- e - event -a mil
at- ehdetiie €ee- exeeed he
app l ieat ien fee met fah by
eeuae l =eselutieR p as ____
-
theusand- dellars
Payment of such double fee
shall not relieve persons
from fully complying with the
requirements of this code,
nor from any other penalties
prescribed herein.
*4. Billing Methed. Gnee
regarding as entitlement, -the
apps ie an:t shall be bi l l eQ
the ba- lanee -ef fees an
to re}mb-a:Fse -t€ie- Cites - €eF the
aetual- -east e€
Sheu ld final ee s t-s be less
than the- depesit fee, the
shall be refunded t9 the
aeeeuntinq e € -all fees and
applieant shall be
reeFaes t , er the
require, ineremental billing
f er- preeess int j ees t-s -ef- an
app Beat ien- request . All fees
and eharges shall be elue and
payable- within thirty (38 )
bii-1 -iRg if}i*eiee . if b; , , e
fees and -edges -are mid
within thirty (3
the - irsveiee- date, a penalt=y
eharge of five pere ent (S%)
e€ the - unpaid - ba-lanee -will be
added to the baianee -due.
naeh ffieRth thereafter, an
interest eharge- e€-twe
pereen-t (2%) e f the -ieagaid-
baianee shall be added —aR
eempeunded unti! the bill
paid in lull. henever fees
and eharges aEe net paid as
prey erib ed the -C3 ty-shall
pursue ee l ieeb ieR ef- -sa-id
fees aitd char -a
diligent fan-r. .
*4.-5-- Failure to Pay.
*While the ^l
City cheese
net te step preeessl:Rg
-1
applieatien €er wh;„h +h
applieable billed fees nd-
SACommunity DevelopmenhEveryoneVone Ordinance AmendmentslChapter 1744codestyleV4.doc 4/26/20013:24 PM
Exhibit -A
Page 12
tie -Cif , after -a
applieatien based
app} e a> tt '-s- a i lttre -te-a
said fees and eharges.
*The City may include as a
condition of approval the
requirement to pay all
outstanding fees and charges
consistent with the adopted
City Fee Resolution.
*I3. Continuance of Permit
During Application Renewal
Process.
1. Unless otherwise
provided in the conditions of
the permit, permits being
processed for renewal shall
remain in full force and
effect until the renewal
request is acted on and all
administrative appeals have
been exhausted, provided that
the renewal application was
accepted as complete by the
City prior to the expiration
of the permit.
2. All the terms and
conditions of the original
permit must be followed at
all times. (Ord. 189 § 3
(8111 -3), 1994)
17.44.050 Notice and hearing
procedures.
A. Notice.
1. Hearing notices prepared
pursuant to this chapter for
subdivision matters, Planned
Development Permits, General
Plan Amendments and Zone
Changes, shall include the
date, time and place of the
hearing, the identity of the
hearing body or officer, a
general explanation of the
matter to be considered, and
a general description, in
text or by diagram, of the
subject property.
2. Whenever a hearing is
required under this chapter
before an application can be
acted upon, the *planning
divisia City shall set a
date, time and place for the
matter to be heard, and shall
give public notice of the
hearing by publication in a
newspaper of general
circulation within the
Jurisdiction of the City at
least ten (10) days prior to
the hearing. * The property
shall be posted with a sign
as required by
applicable provisions of this
Chapter.
3. In addition, if the
hearing involves a
discretionary permit (other
than an emergency use
authorization) or
modification thereto, a
variance or modification or
revocation thereof, an appeal
regarding any variance or
discretionary permit, or a
zoning ordinance amendment
which affects the permitted
uses of property, then a
written notice, postage
prepaid, shall be mailed to
all of the following,
pursuant to Government Code
Section 65091, as the same
may be amended from time to
time:
a. The owner of the subject
property or the owner's duly
authorized agent;
b. The applicant, if
different from the owner;
c. Each local agency whose
ability to provide essential
services or facilities to the
project may be significantly
S:1Community DevelopmenhEveryonegone Ordinance Amendments\Chapter 1744codestyleV4.doc 4/26120013:24 PM
Exhibit -A
Page 13
affected by the project; and
d. 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.O3O.A.l.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 (1/8) page display
advertisement published at
least ten (10) days prior to
the hearing in a newspaper of
general circulation within
the jurisdiction of the City
may be substituted for the
direct mailing.
e. All parts of this code
relating to public hearing
notices shall be adhered to.
4. Notification shall also
be mailed or delivered, at
least ten (10) days prior to
the hearing, to any person
who has filed a written
request for such notice with
the director of community
development.
5. In the case of appeal
hearings, notice shall also
be provided to the appellant
and, if applicable, to the
City official, City
Councilmember, department,
board or commission whose
order, requirement, permit,
decision or determination is
the subject of the appeal.
6. At least eleven (11)
days prior to the date of the
hearing, the applicant shall
post on the property a notice
of public hearing. The notice
shall be posted in accordance
with the provisions contained
within *this Chapter 4768.
B. Hearing Procedures.
The decision - making
authority(s) shall hold at
least one (1) public hearing
on any duly filed application
that requires a discretionary
decision. Such hearings shall
be conducted in such a manner
as to allow the applicant and
all other interested parties
to be heard and present their
positions on the case in
question, and shall have a
record of the decision kept,
along with the findings made
which supported the decision.
Administrative hearings shall
be conducted by the director
of community development or
designee as specified in
Section 17.44.O3O.A.l.d. and
are subject to the notice
provisions of that section.
C. Referrals.
A decision - making authority
may refer a matter back to
the preceding hearing body
for further report,
information or study.
D. Continued Matters.
If it is necessary to
continue the hearing or
decision on any matter before
S:1Community DevelopmentlEveryonelZone Ordinance AmendmentslChapter 1744codestyleV4.doc 4126120013:24 PM
Exhibit -A
Page 14
the decision - making
authority, the person
presiding at the hearing
shall publicly announce the
date, time and place certain
to which the matter will be
continued. Except for the
posting of a notice of
continued public hearing in a
public place, no further
notice need be given. (Ord.
189 § 3 (8111 -4), 1994)
17.44.060 Decisions.
The applicant shall receive
notice of the final decision -
making authority's el
render -i decision either by
the adoption of a resolution
(for applications decided in
a public hearing) or by the
issuance of a determination
letter (for applications
decided administratively by
the director of community
development or designee). A
resolution or determination
letter rendering a decision
on an application request
shall recite such conditions
and limitations deemed
necessary by the decision -
making authority. *The
applieant shall be furnished
sueh deel:SR:eR by U.S. Mail.
A. *Referral of Deeisiens
Applications.
1. The director of
community development may
rdefer any * applications or
modifications to applications
over which the director of
community development has
authority deeisien en —a
to the Planning
Commission at any time within
thirty (30) days after the
close of the administrative
hearing if the project:
a. May result in
significant adverse
environmental impacts which
cannot be mitigated to
insignificant levels; or
b. Involves significant
public controversy; or
c. Is in conflict with City
policies, or would
necessitate the establishment
of new policies; or
d. May be precedent -
setting; or
e. Should be *dreferred for
any other cause deemed
justifiable by the director
of community development.
2. The Planning Commission
may rdefer a decision on an
entitlement to the City
Council in cases where two
(2) entitlements regarding
the same property or site are
being processed concurrently,
and the City Council is the
decision - making authority for
one (1) of the entitlements.
*3. Additional applications
or modifications to an
application that has been
referred to and approved by a
decision making body shall
also be referred to that
decision making body.
B. Decision Options.
The decision - making
authority hearing a
discretionary matter may
approve, conditionally
approve, deny or modify,
wholly or partly, the request
being reviewed. The authority
may impose such conditions
and limitations as it deems
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Exhibit -A
Page 15
necessary to assure that the
general purpose and intent of
this title and its various
chapters will be observed,
and that the public interest,
health, safety, convenience
and welfare will be served.
In the absence of any
provision to the contrary in
a decision granting a
request, said request is
granted as set forth in the
application. All conditions
and restrictions applied to a
decision on an application
request not appealed shall
automatically continue to
govern and limit the subject
use or structure unless the
action of the decision - making
authority clearly indicates
otherwise.
C. Notice of Decision.
Not later than thirty (30)
calendar days following the
effective date of a decision,
the City shall eausc —he
deeisien te- he provide by
U.S. mailed a copy of the
decision to the applicant or
appellant in resolution or
letter form, in care of the
address appearing on the
application or such other
address designated in writing
by the applicant or
appellant. In addition, the
authority and /or agency whose
decision is the subject of an
appeal shall also be notified
of the decision.
D. Effective Date of
Decisions.
1. An administrative
decision or a decision of the
Planning Commission is
effective at the expiration
of the decision's appeal
period unless an appeal, in
proper form and addressed to
the appropriate decision -
making authority, is filed
with the director of
community development prior
to the expiration of the
appeal period.
2. A decision of the City
Council is effective on the
date it is rendered.
E. Effect of an Appeal.
Neither the applicant nor
any enforcement agency may
rely on an authority's
decision until the expiration
of the decision's appeal
period or until the appeal
has been resolved, whichever
occurs later. See also
Section 17.44.090. Actions
by the decision making
authority are stayed pending
the consideration of the
appeal.
F. Implementation.
The director of community
development shall be
responsible for preparing the
resolutions or letters
mentioned in this chapter and
any other paper or document
required by the Planning
Commission or the City
Council in order to discharge
their duties and
responsibilities under this
chapter and title. It shall
be the responsibility of the
permittee to ensure that all
conditions placed on a permit
are met. No permits or
Zoning Clearances may be
approved or issued e
preyedui- as— deseribed by—tk c
S:1Community DevelopmentlEveryone2one Ordinance AmendmentslChapter 1744codestyleW.doc 4/26/20013:24 PM
Exhibit -A
Page 16
() "K_13
title need he until
all conditions required to be
completed p =Feee ent prior to
their issuance are �c:� -e-_ te,a
satisfied.
G. Expiration.
Unless otherwise specified
in this title or in the
permit conditions, any permit
hereafter granted that
requires a zoning clearance
becomes null and void if a
zoning clearance is not
obtained by the permittee
within the time specified in
such permit. If no date is
specified, the permit * and
zoning clearance shall expire
one (1) year from the date of
issuance a _____ g el =
r .J
has been issued- unless
*inaugurated e�Eer eised. After
expiration of a * zoning
clearance and/or permit, the
property affected thereby
shall be subject to the
regulations of the applicable
zone classification and all
other provisions of this
title. The permittee is
solely responsible for the
timely renewal of apermit.
The City has no obligation to
notify the permittee of the
imminent expiration of the
permit. (Ord.. 189 § 3 (8111-
5), 1994)
17.44.070 Reapplication.
An application request may
be denied with prejudice on
the grounds that two (2) or
more similar application
requests have been denied in
the past two (2) years. *, er
that ether geed eause emls�
far limiting the filing e f
apgli-eatiens --with r- eepeet
the prep__ty. If such denial
becomes effective, no further
application for the request
shall be filed in whole or in
part for the ensuing eighteen
(18) months except as
otherwise specified at the
time of the denial, or unless
there is a substantial change
in the application. (Ord. 189
§ 3 (8111 -6) , 1994)
17.44.080 Modification,
suspension and revocation.
A. Modification of Permits.
An application for
modification of a permit or
variance pursuant to this
section may be filed by any
person or entity listed in
Section 17.44.040A. Any
change of an approved
discretionary permit is also
a discretionary decision and
is considered to fall into
one (1) of the following
three (3) categories:
1. Reserved.
2. Minor Modification.
Any proposed change that
exceeds the criteria of a
site plan adjustment, but is
not extensive enough to be
considered a substantial or
fundamental change in land
use relative to the permit,
would not have a substantial
adverse impact on surrounding
properties, and would not
change any findings contained
in the environmental document
prepared for the permit,
shall be deemed a minor
modification and may be acted
upon by the director of
community development or
designee through an
administrative hearing
process as provided for in
S:1Community Development EveryoneVone Ordinance AmendmentslChapter 1744codestyleW.doc 4126120013:24 PM
Exhibit -A
Page 17
Section 17.44.030.A.1.d.
3. Major Modification.
Any proposed modification
which is considered to be a
substantial change in land
use relative to the original
permit, and /or would alter
the findings contained in the
environmental document
prepared for the permit,
shall be deemed a major
modification and be acted
upon by the decision - making
authority which approved the
original permit.
4. Permit Adjustment.
Any change which would not
alter any of the findings
pursuant to this title, nor
any findings contained in the
environmental document
prepared for the permit, and
would not have any adverse
impact on surrounding
properties, may be deemed a
permit adjustment and acted
upon by the director of
community development or
designee without a hearing.
There shall be no more than
one (1) approved permit
adjustment per calendar year.
Such changes include, but are
not limited to, the
following:
a. An increase or decrease
of not more than ten percent
(10 %) in floor or permit area
and an expansion of less than
five thousand (5,000) square
feet, whichever is less, or
in the area of walls, fences
or similar structures used as
screening, or in height,
provision for landscaping or
similar standards or
dimensions, provided that any
increase in parking space
requirements can be
accommodated on -site;
b. Internal remodeling or
minor architectural changes
or embellishments involving
no change in basic
architectural style or any
change in use where the new
use requires the same or a
lesser permit than the
existing use; or the
establishment of a new use in
an unoccupied building that
has been granted a permit;
provided, in both cases, that
any increase in parking space
requirements can be
accommodated on -site.
B. Modification, Suspension
and Revocation for Cause.
Any permit or variance
heretofore or hereafter
granted may be modified or
revoked, or its use
suspended, by the same
decision - making authority and
procedure which would approve
the permit or variance under
this title * provided that in
all instances the permittee
shall be given notice -v- -a-by
U.S. mail * at least ten (10)
days prior to the date of the
proposed revocation,
modification, or suspension
and have an opportunity to be
heard by the issuing body
prior to any such revocation,
modification or suspension.
An application for such
modification, suspension or
revocation may be filed,
along with applicable fees,
by any person or entity
listed in *"er -this
Chapter 17.44.949-.A., or by
any other *affected ieve gg JJ
SACommunity DevelopmentlEveryoWZone Ordinance Amendments\Chapter 1744codestyleV4.doc 4/26/20013:24 PM
Exhibit -A
Page 18 �
person. The applicant for
such modification, suspension
or revocation shall have the
burden of proving one (1) or
more of the following causes:
1. The application request,
which was submitted, was not
in full, true and correct
form.
2. The *entitlement,
clearance, permit or license
issued does not comply with
the terms and conditions of
the permit originally
granting the use under this
title.
3. The *entitlement
*clearance, permit or— license
was issued erroneously.
4. -a. That any term or
condition of the permit or
variance has not been
complied with;
5.b. That the property
subject to the permit or
variance, or any portion
thereof, is or has been used
or maintained in violation of
any statute, ordinance, law
or regulation;
6.e. That the use for
which the variance or permit
was granted has not been
exercised for at least twelve
(12) consecutive months has
ceased to exist, or has been
abandoned;
7A. That the use for
which the permit or variance
was granted has been so
exercised as to be
detrimental to the public
health, safety or general
welfare or as to constitute a
nuisance;
8.e. That changes in
technology, or in the type or
amount of development in the
vicinity of the use, or other
good cause warrants
modification of conditions of
operation or imposition of
additional conditions of
operation to assure that the
use remains compatible with
existing and potential uses
of other property within the
general area in which the use
is located.
*C.-- Nonwaiver. The
failure of the director of
community development,
Planning Commission or City
Council to revoke a variance
or permit, or to suspend its
use, whenever cause therefor
exists or occurs, does not
constitute a waiver of such
right with respect to any
subsequent cause for
revocation or suspension of
the use.
*D�. Prohibition. No
person shall carry on any of
the operations authorized to
be performed under the terms
of any permit during any
period of suspension thereof,
or after the revocation
thereof, or pending a
judgment of court upon any
application for writ taken to
review the decision or order
of the final appeal body in
the City in suspending or
revoking such permit;
provided, however, that
nothing herein contained
shall be construed to prevent
the performance of such
operations as may be
necessary in connection with
a diligent and bona fide
effort to cure and remedy the
default, noncompliance or
violation, for which a
suspension of the permit was
ordered by the applicable
SACommunity DevelopmentlEveryone2one Ordinance Amendments \Chapter 1744codestyleV4.doc 4126/20013:24 PM
Exhibit -A
Page 19 {
L CS
City entity, or such
operations as may be required
by other laws and regulations
for the safety of persons and
the protection and
preservation of property.
(Ord. 189 § 3 (8111 -7), 1994)
17.44.090 Appeals
*T TT=l C. i+:-�
SACommunity DevelopmentlEveryone2one Ordinance AmendmentslChapter 1744codestyleV4.doc 4126120013:24 PM
Exhibit -A
Page 20
I I Q021?
■
•
•
• •
•
SACommunity DevelopmentlEveryone2one Ordinance AmendmentslChapter 1744codestyleV4.doc 4126120013:24 PM
Exhibit -A
Page 20
I I Q021?
■
•
SACommunity DevelopmentlEveryone2one Ordinance AmendmentslChapter 1744codestyleV4.doc 4126120013:24 PM
Exhibit -A
Page 20
I I Q021?
in this ehapter, are
1. Appeals ef
adnAnistrativy. deeislens !ti„y
the direete
deve lepment e- designee)
shall be heard by the
Gem ie i en �' = e i s iens shall be
heard by the t j
3. Appeals relating s_, _,.
- l'
to reEfae t-s under -thle
ehapber- fer waivers --
1
the r_, G _nei
,-1' _e be
-
heard- e1:rly by the-Git-y
sir
B. Appellate Deeisien.
aim- herity shall have zri'ic
autherrteto eenB}der- the
entire applieatlen anew an
either appreve, deny, er
app eve with
the - appeal - refirest. (Ord. 1$9
� 3 (811:1 8) , 1994T
*A. Authority to Appeal
(1) All actions and
decisions of the director of
community development,
authorized by this Chapter
*Ghapter 1-7.4.4 Title--14, the
Develepftent --cede may be
appealed to the Planning
Commission *or may be
appealed by any two Planning
Commissioners *unless
otherwise specified. All such
appeals shall be filed *in
writing with the Planning
Commission secretary.
SACommunity DevelopmentlEveryone\Zone Ordinance AmendmentslChapter 1744codestyleV4.doc 4/26120013:24 PM
Exhibit -A
Page 21
f,,, w 0 0 2 8
OWN
B. Appellate Deeisien.
aim- herity shall have zri'ic
autherrteto eenB}der- the
entire applieatlen anew an
either appreve, deny, er
app eve with
the - appeal - refirest. (Ord. 1$9
� 3 (811:1 8) , 1994T
*A. Authority to Appeal
(1) All actions and
decisions of the director of
community development,
authorized by this Chapter
*Ghapter 1-7.4.4 Title--14, the
Develepftent --cede may be
appealed to the Planning
Commission *or may be
appealed by any two Planning
Commissioners *unless
otherwise specified. All such
appeals shall be filed *in
writing with the Planning
Commission secretary.
SACommunity DevelopmentlEveryone\Zone Ordinance AmendmentslChapter 1744codestyleV4.doc 4/26120013:24 PM
Exhibit -A
Page 21
f,,, w 0 0 2 8
All actions of the
Planning Commission
authorized by * this
Bevelepment G-ede Chapter may
be appealed to the City
Council. All such appeals
shall be filed in writing
with the City Clerk.
(3) Any person may appeal
a decision of the director of
community development or
Planning Commission in
accordance with the terms of
this Chapter.
(4) The City Council
shall be the final approval
authority for all actions.
denied by the G t y reuse.,
are net siabjeet to appeal,
B. Time Limit fei=- *to File
an Appeal or Request for City
Council Review.
All *requests for appeals
must be *received by
the city no later than the
close of business within ten
(10) business r' * -i days
after the date of the final
action by the director of
community development or
Planning Commission.
C. Fees
Persons filing appeals shall
pay all applicable fees in
effect at the time of the
appeal as established by
Resolution of the City
Council.
D. City Council Review of
Planning Commission Actions
and Decisions by the director
of community development
The City Council is
specifically empowered to
review all actions of the
Planning Commission and the
director of communit
development. *far -ate
The City Council review of
the Planning Commission and
the director of community
development actions is
subject to the followi
requirements:
(1) A request for the
City Council to review the
action(s) taken by the
Planning Commission or the
director of community
development pursuant to this
section shall be valid if
filed with the City Clerk by
tie -�zT any City
Councilmembere within ten
(10) r-�business days of
the date of the action(s) of
the Commission or the
director of community
development.
(2) The City Council
shall review the smote project
* in the same form as
reviewed by the Planning
Commission and the review
shall be conducted de nova.
(3) A request for the
City Council to review the
action(s) of the Planning
Commission shall be subject
to the same type of public
action (i.e.. action item
without public hearing or
public hearing item) and
public noticing at the City
Council as at the Planning
Commission or as required for
decisions made by the
director of community
development.
(4) An item or item(s)
which are called for review
shall be scheduled for the
next available City Council
meeting following completion
of the required legal notice
S:ICommunity DevelopmentlEveryoneVone Ordinance AmendmentslChapter 1744codestyleW.doc 4126120013:24 PM
Exhibit -A
Page 22
provisions as determined by
the City *Maw Clerk.
(5) No fee shall be
required when an item is
called for review by members
of the City Council or the
Planning Commission in
conformance with the
requirements of this eeet4-en
-*Chapter.
17.44.100 Effect of change of
zoning regulations.
See Section 17.52.110.
(Ord. 189 § 3 (8111 -9), 1994)
SACommonity DevelopmentlEveryone2one Ordinance AmendmentslChapter 1744codestyleW.doc 4/26/20013:24 PM
Exhibit -A
Page 23
r^o. F2, ti t
Chapter 17.60
AMENDMENTS TO THIS TIT-LB—THE GENERAL PLAN, SPECIFIC PLANS, ZONING
MAP AND ZONING CODE
Sections:
17.60.010
Purpose.
17.60.020
Amendments
17.60.030
Amendment Initiation
17.60.040
Applications Required
17.60.050
Hearing and Notice Requirements.
17.60.060
Approving Body
17.60.070
Commission Action on Amendments.
17.60.080
Council Action on Amendments.
17.60.090
Reapplication.
17.60.100
Findings.
17.60.010 Purpose.
The purpose of this chapter
is to establish procedures
for amending the General
Plan,'Specific Plans, the
Zoning Map or Zoning
Ordinance whenever required
by public necessity and
general welfare.
Adoption and amendment of a
General Plan, Specific Plan,_
Zoning Map or Zoning
Ordinance is a legislative
act.
17.60.020 Amendments.
Amendments to the General
Plan, Specific Plan, and
Zoning Map /Code may be either
textual or map. Textual and
mapping changes may be of
*two t-hiFmee types:
create significant and
substantial impact to levels
of public service must be
considered as major.
B. Minor Amendments.
Minor amendments are those
which do not create any need
for the extension of public
services. Some adjustment to
service levels may be needed
to meet other policy
directives, but no new
service levels are created.
A. Major Amendments. -!ter the inteFt--a-nd
Major amendments are those par-pese- of the mateE4,a'
which affect changes to
goals, policies, or With the - eiEeept- iea -ef- se
strategies or would alter a en ient=s- neeeBsary t_ face
basic policy directions of
the existing general plan or element ef -4----he- General -Plan
an adopted specific plan. may- he amended Tfier-e than fe T
Any amendment that would
*Corrections Since Planning Commission review
11MOR_PRI_SERVICity SharelCommunity DevelopmentlEveryonelZone Ordinance AmendmentslChapter1760CLcodestylev4 .doc
04/26/011:46 PM
Exhibit -B
Page 1
3 ;031.
*17.60.030 Amendment
Initiation.
A. Initiation.
Proposals to amend the
General Plan, any specific
plan, the zoning map or this
zoning ordinance may be
initiated by any of the
following methods:
1. A ehan�je in the
map y *Request
by the owner(s) or the
authorized agent of the
owner(s) of the property by
filing an application *on
forms a-s— provided by the
community development
department. , planning
divisien.
2. A change in the General
Plan, a specific plan, zoning
map or zoning ordinance may
be *recommended note by
a resolution of intent from
e€ the planning commission to
the city council; or may be
initiated directly by the
city council by resolution of
intent. Faiffute
3. A change in the General
Plan, a specific plan, zoning
map or zoning ordinance may
be initiated by request to
the * planning
city council by the director
of community development.
the - General Plan, a speeifire
17.60.040 Applications
Required.
All applications to amend the
General Plan, an adopted
Specific Plan, the zoning map
or zoning *eede ordinance
must be filed with the city
p ..r.,: gg divisien on forms
and in substantial compliance
with administrative
procedures provided by the
Planning diviBien community
development department. A
fee, as prescribed by city
council resolution, shall
accompany the application.
Formal applications for
General Plan amendments may
only be accepted and
considered following
successful pre- screening
application reviews as
established by resolution of
the City Council.
Zoning map amendments have
the effect of rezoning
property from one zoning
district to another. Text
Amendments to this zoning
ordinance may modify any of
the regulations enumerated in
Section 65850 of the
Government Code of the State
of California. Amendments to
the provisions of this title
may be adopted similar to
other ordinances adopted by
the City. (Ord. 169 § 3
(8115 -0), 1994)
B. Study of Additional Area.
be initiated by et en e f The director of community
direeter —ef eeffffftunity development, upon review of
devel-epmen-t previded that an application or resolution
sueh amendments —Are of intention for an amendment
restrieted to preeedural to the General Plan, any
specific plan or zoning map
may elect to include a larger
*Corrections Since Planning Commission review
11MOR_PRI— SERVICity Share\Community DevelopmentlEveryoneane Ordinance Amendments \Chapter1760Ctcodestylev4.doc
04/26/011:46 PM
Exhibit -B
Page 2
� C-03,
area or additional land in
the study of the amendment
request. (Ord. 189 § 3 (8115-
1), 1994)
17.60.050 Hearing and Notice
Requirements.
The planning commission and
city council shall each hold
at least one (1) public
hearing on any General Plan,
Specific Plan or zoning
amendment request. The notice
and hearing requirements
shall be the same as those
prescribed in Section
17.44.050. (Ord. 189 § 3
(8115 -2), 1994)
17.60.060
Decision Authority. The City
Council shall * be the
Decision Authority for
apffftffe all major and minor
general plan amendments and
specific plan amendments.
*The Gewftunity Bev
Direeter shall ap reve -- all
-
teehnreal nekne is
contained in Section
17.60.4-74100. Such
recommendation shall include
the reasons for the
recommendation and the
relationship of the proposed
ordinance or amendment to
applicable general and
specific plans.
17.60.080 Council Action on
Amendments.
Following a public hearing,
the city council may approve,
modify or disapprove any
planning commission
recommendation regarding an
amendment request based upon
the findings in section
17.60.4-74100; previded that
any .a.. f <t
A modification shall be
deemed "previously
considered" if the
modification of the proposed
ordinance or amendment by the
city council is based upon
the issues and evidence
initially heard by the
planning commission.
144.reet=er witliaut benefit -af-
17.60.090 Reapplication.
publie hearing -bi t shall be
A General Plan amendment,
plaeed :apen t-he -ne--t-
specific plan amendment or
available agenda —e ,n s ent
zoning map change may be
ealendar €er -eene a ee-by
denied with prejudice as
r,he ^'ty ^..une �_
_1
defined herein, in which
event no further application
17.60.070 Commission Action
shall be filed affecting all
on Amendments.
or part of the property for
Following a public hearing,
the ensuing eighteen (18)
the planning commission shall
months except as otherwise
make a written recommendation
specified at the time of
to the city council whether
denial. A zoning ordinance
to approve, approve in
zening FRap ehange amendment
modified form, or disapprove
may be denied with prejudice
the a� proposed amendment,
as defined herein, on the
based upon the findings
grounds that two (2) or more
*Corrections Since Planning Commission
review
11 MOR_PRI_SERVICity Share\Community DevelopmentlEveryone\Zone Ordinance Amendments \Chapter1760CLcodestylev4.doc
04/26/011:46 PM
Exhibit -B
Page 3
similar applications for
substantially the same g
map change has been denied in
the past two (2) years, or
that other good cause exists
for limiting the filing of
applications with respect to
the subject property. The
city
council, upon being presented
with good cause, may permit
an applicant to apply for an
amendment zening -map ehange
on the same property within
eighteen (18) months of a
denial with prejudice. (Ord.
189 § 3 (8115 -3) , 1994)
17.60.100 *mss
A. Findings for Zening Map
Amendments.
An amendment t=e—the text: e€
this
effieial sening fRap, may be
approved only if all the
following findings are made,
as applicable to the type of
development.
1. Findings required for all
^wee amendments.
a) The proposed amendment is
consistent with the goals,
policies, and
implementation strategies
of the general plan.
b) The proposed amendment
would not be detrimental to
the public, health, safety,
or welfare of the city; and
c) The proposed amendment will
not adversely aeffect
surrounding properties.
of utilities, compatibility
with adjoining land uses, and
absence of physical
constraints) for the
requested zoning designations
and anticipated land
use /developments.
2. Additional Finding for
Zoning Map Amendments.
The site is physically
suitable (including, but not
limited to access, provision
*Corrections Since Planning Commission review
11 MOR_PRI_SERVUty SharelCommunity DevelopmentlEveryone2one Ordinance AmendmentslChapterl760CLcodestylev4 .doc
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Exhibit -B
Page 4
'-- 1;GO3
RESOLUTION NO. PC -2001 -402
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF MOORPARK CONSIDER ADOPTION OF A
ZONING ORDINANCE AMENDMENT (ZOA- 2001 -02) TO
AMEND CHAPTER 17.44 `ENTITLEMENT— PROCESS AND
PROCEDURES "; AND TO AMEND CHAPTER 17.60
"AMENDMENTS TO THIS TITLE" TO THE MUNICIPAL
CODE; (APPLICANT: CITY OF MOORPARK.)
WHEREAS, Public Notice having been given in time, form, and
manner as required by law, the Planning Commission of the City
of Moorpark held a Public Hearing on the proposed Zoning
Ordinance Amendment at its regularly scheduled meeting of
February 12, 2001, and closed said hearing on February 12, 2001,
and on February 26, 2001 determined that the amendment is exempt
from the provisions of the California Environmental Quality Act
(CEQA) Guidelines, Section 15308;
WHEREAS, at its public hearing conducted on February 12,
2001, took testimony from all those wishing to testify on the
amendment, closed the public hearing on the matter and reached
its decision on February 26, 2001, and directed staff to forward
to City Council the Zoning Ordinance text amendment.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Based upon the project information presented to
the Planning Commission, including but not limited to, the staff
reports; staff and public testimony; the Planning Commission
hereby makes the following findings:
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS:
1. Zoning Ordinance Amendment 2001 -02 has been completed
in compliance with CEQA (Division 13 of the Public
Resources Code of the State of California) and the
City's CEQA Procedures.
2. The Planning Commission concurs that the proposed
textual amendment is categorically exempt under
Section 15308 of the CEQA Guidelines in that the
ATTACHMENT 2
C-3C0 '3S
Resolution No. PC- 2001 -402
Page 2
textual amendment does not induce any additional
affects on the environment than the current text would
permit;
ZONE CODE AMENDMENT FINDINGS:
3. The approval of Zone Code Amendment 2001 -02 will
provide clarity, direction and qualitative bases for
processing and decision making of entitlements and
amendments to the Zoning Ordinance.
SECTION 2. The Planning Commission hereby recommends that
the City Council consider adoption of an ordinance to amend the
City Zoning Ordinance by amending Chapter 17.44 as shown on
Exhibit A attached hereto and incorporated by this reference.
SECTION 3. The Planning Commission hereby further
recommends that the City Council consider adoption of an
ordinance to amend the City Zoning Ordinance by amending Chapter
17.60 as shown on Exhibit B attached hereto and incorporated by
this reference.
THE ACTION WITH THE FOREGOING DIRECTION WAS APPROVED BY THE
FOLLOWING ROLL CALL VOTE: .
AYES: Commissioners Landis, DiCecco, Haller, Otto, Parvin
NAYES:
ABSENT:
ABSTAIN:
PASSED, APPROVED, AND ADOPTED THIS 26th DAY OF FEBRUARY 2001.
Ja ice Parvin, Chairperson
ATTEST:
Celia LaFleur'
Administrative Secretary
M:\ CLafleur \M\PC- resos\2001resos\2001 -402 ZOA2001 -02 reso Chapters 17.44 and 17.60.doc
0 C 0
Chapter 17.44
ENTI"ENT -- PROCESS AND PROCEDURES
Sections:
17.44.010 Purpose.
17.44.020 Legal lot requirement.
17.44.030 Entitlement.
17.44.040 Filing and processing of application requests.
17.44.050 Notice and hearing procedures.
17.44.060 Decisions.
17.44.070 Reapplication.
17.44.080 Modification, suspension and revocation.
17.44.090 Appeals.
17.44.100 Effect of change of zoning regulations.
17.44.010 Purpose.
The purpose of this chapter
is to establish procedures
for the processing of land
use entitlement, including
permits and variances. (Ord.
189 § 3 (8111 -0) , 1994)
17.44.020 Legal lot
requirement.
No permit shall be issued
for construction on a lot
which is not a legal lot, as
defined by this title. (Ord.
189 § 3 (8111 -1), 1994)
17.44.030 Entitlement.
A. Discretionary Permits.
Entitlement authorized by
this title include the
following:
1. Types of Discretionary
Permits.
a. Planned Development (PD)
Permit.
A planned development permit
is a permit based on a
discretionary decision
required prior to initiation
of specified uses and
structures which are allowed
as a matter of right, but
which are subject to site
plan review and which may be
conditioned in order to
assure compliance with the
requirements of this title
and with the purposes of the
applicable zone.
Planned development permits
may be granted by the
administrative hearing
process, or by the planning
commission or city council
through a public hearing
process. This includes
industrial planned
development (IPD),
residential planned
development (RPD) and
commercial planned
development (CPD).
b. Conditional Use Permit
(CUP) .
A conditional use permit is a
permit based on a
discretionary decision
required prior to initiation
of particular uses not
allowed as a matter of right.
Such permits are subject to
site plan review and may be
conditioned at the time of
approval. The application for
such a use shall be approved,
Exhibit - A
Page 1 ^ C038
conditionally approved, or
denied through a public
heari vrg process before the
decision-making authority
specified in Table 17.20.060.
The procedures for notice of
the public hearing, conduct
of the hearing and receipt of
testimony shall be as
specified in Section
17.44.090. The application
may be denied on the basis
that the applicant has not
met the applicable burden of
proof required by subsections
A (2 ) through A (7 ) of Section
17.44.090.
Prior to approving,
conditionally approving, or
denying an application, the
decision - making authority
shall make written findings
based upon substantial
evidence in view of the whole
record to justify the
decision. With the exception
of projects initiated by a
city agency or department and
for conditional use permits
for alcoholic beverages, when
the city council is the
decision - making authority,
the application shall first
be reviewed by the planning
commission. When the planning
commission is the decision -
making authority, its
decision to approve,
conditionally approve, or
deny the application may be
appealed to the city council
pursuant to Section
17.44.090.
c. Temporary Special Use
Permit. (TUP)
The director of community
development may authorize, by
zone clearance, a use or
structure for a temporary
period of time (not to exceed
ninety (90) days) Where a
delay incident to the normal
processing of an application
would be detrimental to the
applicant or the public, the
director of community
development may grant
additional ninety (90) day
extensions to the temporary
special use permit. Temporary
use permits shall be
considered discretionary
permits and as such may be
conditioned so as to not be
physically detrimental to the
health, safety, life or
property of the applicant or
the public.
Examples of temporary use
permits include but are not
limited to; special events
such as Christmas tree sales,
promotional parking lot
sales, church carnivals,
country days and sidewalk
sales, provisions for uses
for a limited period of time
consistent with the zoning
district where located and
the temporary placement of
portable buildings and
structures.
These permits may be
reviewed by other affected
agencies prior to approval.
The purpose of the review is
to determine if such a
requested use is in any way a
problem as it relates to the
adjacent uses. A temporary
use permit may be revoked by
the approving authority prior
to the expiration date based
upon information that the
conditions have not been
complied with, or other
justifiable reason as
determined by the approving
authority.
d. Administrative Permit (AP).
An administrative permit is a
director of community
Exhibit - A
Page 2
C^� ,tea < �, ,.- �,. ,
.1 ' v :�_3 .-
development approved permit
based on a discretionary
decision required prior to
initiation of a use or
structure requiring the
permit. Administrative
permits are subject to site
plan review and may be
conditioned in order to
assure compliance with the
requirements of this title
and with the purposes of the
applicable zone. At least ten
(10) days prior to approval
or denial of the permit, the
director shall provide a
notice to surrounding
property owners as identified
by the latest equalized
assessment role of Ventura
County , by U.S. mail, of the
director's intention to
approve or deny the permit to
surrounding property owners
within three hundred (300)
feet of the property. All
notices shall include the
identity of the director of
community development as the
approving authority, a
general explanation of the
matter to be considered, and
a general description, in
text or by diagram, of the
subject property, a final
date by which comments must
be received by the director
for the hearing date. Prior
to approval, conditional
approval, or denial of the
administrative permit, a
hearing date shall be set by
the director of community
development. The public may
attend the hearing and give
testimony. The director's
decision is subject to an
appeal period which shall end
ten (10) calendar days after
the director's decision is
rendered pursuant to Section
17.44.060, or on the
following workday if the
tenth (10`h) day falls on a
weekend or holiday.
e. Administrative Permits
within the Downtown Specific
Plan.
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 (CPD)
shall be prepared and
submitted as a portion of the
application for all
discretionary permits within
the Downtown Specific Plan
are as established by this
section.
2. Permit Standards.
Planned development and
conditional use permits may
only be granted if all billed
fees and charges for
Exhibit - A
Page 3
iC 11 () 01 .1110
processing the application
3. Additional Standards for A-
request that are due for
E Zone.
payment have been paid, and
In addition to the
if all of the following
standards
provisions of subsection A(2)
are met, or if such
conditions and limitations,
of this section, before any
including time limits, as the
hermit is issued for any land
'ase
decision - making authority
which requires a
conditional
deems necessary, are imposed
use permit in the
A -E zone, the following
to allow the standards to be
standards shall be met or be
met. The applicant shall have
the burden of
capable of being met with
proving to the
satisfaction of the
appropriate conditions and
appropriate decision - making
limitations being placed on
the
authority that the proposed
development:
use:
a. That the establishment
a. Is consistent with the
or maintenance of this use
intent and provisions of the
will -not significantly
reduce, restrict or adversely
city's general plan, and any
applicable specific
affect agricultural resources
plan and
this title;
or the viability of
b. Is compatible with the
agricultural operations in
the
character of surrounding
development;
area;
b. That structures will be
c. Would not be obnoxious
sited to minimize conflicts
with agriculture,
-1 or harmful, or impair the
and that.
other uses will not
.. -_ utility of neighboring
significantly reduce,
property or uses;
d. Would not be detrimental
restrict or adversely affect
to the public interest,
agricultural activities on-
site
health, safety, convenience*
or in the area, where
applicable; and
or welfare; and
e. If
c. That the use will be
a conditionally
permitted use, is
sited to remove as little
compatible
with existing and planned
land from agricultural
land uses in the general area
production (or potential
agricultural production)
where the development is to
as
possible.
be located.
f. Is compatible with the
scale, visual character and
4. Compliance with Other
design of the e-f- surrounding
Documents.
When
properties, designed so as to
necessary to ensure
consistency with other city
enhance the physical and
visual quality of the
planning documents such as,
community, and the
but not limited to, Specific
structure(s) have design
plans, conditions which are
features which provide visual
more restrictive than the
relief and separation between
standards of this title may
be imposed
land uses of conflicting
on discretionary
permits.
character.
Exhibit - A
Page 4 4
_''0 0 41
5. Additional Standards for
Overlay Zone.
In addition to the
provisions of subsection A(2)
of this section, development
within any overlay zone
having specific development
standards, pursuant to
Chapter 17.36, must comply
with such standards.
6. Additional Standard for
Hazardous Waste Facilities.
For any proposed development
of a hazardous waste
facility, the following
additional standard must be
made or be capable of being
made with conditions and
limitations being placed on
the use:
a. That the proposed
hazardous waste facility is
consistent with the portions
of the county hazardous waste
management plan which
identifies specific sites or
siting criteria for hazardous
waste facilities.
7. Additional Standards for
Establishments Selling
Alcoholic Beverages.
If the proposed development
is an establishment selling
alcoholic beverages, the
applicant shall have the
burden of proving, in
addition to the provisions of
subsection A(2) of this
section, that:
a. The use will not result
in an over concentration in
the area of establishments
selling alcoholic beverages;
b. The use will serve a
public convenience;
c. The use will not create
the need for increased police
services; �
d. The re=quested use at the
proposed location will not
adversely affect the economic
welfare of the community;
and;
e. The exterior appearance
of the structure will not be
inconsistent with the
external appearance of
commercial structures already
constructed or under
construction on surrounding
properties, or within the
immediate neighborhood so as
to cause blight,
deterioration or
substantially diminish or
impair property values within
the neighborhood.
B. Other Entitlement.
1. Zoning Clearance.
A zoning clearance is a
permit which is granted on
the basis of a ministerial
decision by the director of
community development or
designee without a hearing. A
zoning clearance certifies
that a proposed use of land
or structures meets all
requirements of this title
and the applicable conditions
of any previously approved
permit.
a. Applicability of Zoning
Clearance. Except as provided
in Section 17.20.030, a
zoning clearance is required
prior to the implementation
of uses of land or
structures, construction
requiring building permits,
and the commencement of any
activity authorized by a
permit or subdivision granted
in accordance with the zoning
and subdivision ordinances of
the city. A zoning clearance
shall be issued if the
proposed use of land or
structures:
i. Is permissible under the
present zoning on the land
Exhibit - A
Page 5� 00 2
and the city's zoning and
subdivision ordinances;
ii. Is compatible with
the policies and land use
designations specified in the
general plan, and any
applicable specific plan;
iii. Complies with the
applicable terms and
conditions of any applicable
permit or other entitlement;
iv. Is not located on the
same lot where a violation of
this title exists or of the
terms of an existing permit
covering the lot, unless the
zoning clearance is necessary
to the abatement of the
existing violation;
v. Is not being requested
by or on a site or for the
same party that owes the city
fees for charges under
Section 17.44.040I;
vi. Is not located on the
same lot where a violation
exists of any city ordinance
regulating land use, such as
the city building code or any
grading ordinance; and
vii. Is consistent with
the portions of the county
hazardous waste management
plan which identifies
specific sites or siting
criteria for hazardous waste
facilities.
b. Expiration. Zoning
clearances shall expire one
hundred eighty (180) days
after issuance, unless
otherwise indicated on the
clearance or unless the use
of land or structures or
building construction has
commenced and is being
diligently pursued, as
evidenced by current
inspections and /or valid
building permits.
C. Variances.
Variances are adjustments in
the regulations contained in
this title. Variances are
based on discretionary
decisions and may be granted
to allow deviations from
ordinance regulations
governing such development
factors as setbacks, height,
lot coverage, lot area and
width, signs, off- street
parking, landscaping and
gall, fencing and screening
standards. Variances shall be
processed in accordance with
the provisions of this
chapter. Variances may not be
granted to authorize a use or
activity which is not
otherwise expressly
authorized by the zone
regulations governing the
property. Except as provided
in subsection C(5) of this
section, variance requests
shall be heard-by the
planning commission through,a
public hearing process.
1. Purpose. The sole
purpose of any variance shall
be to enable a property owner
to make reasonable use of his
or her property in the manner
in which other property of
like character in the same
vicinity and zone can be
used.
2. Standards for Variances.
Before any variance may be
granted, the applicant must
establish, and the decision -
making authority must
determine, that all of the
following standards are met:
a. That there are special
circumstances applicable to
the subject property with
regard to size, shape,
topography, location or
surroundings, such that the
strict application of the
Exhibit - A
Page y�
zoning regulations denies the
property owner privileges
enjoyed by other property
owners in the vicinity and
under identical zoning
districts; and
b. That granting the
requested variance will not
confer a special privilege
inconsistent with the
limitations upon other
properties in the same
vicinity and zone; and
c. That strict application
of the zoning regulations as
they apply to the subject
property will result in
practical difficulties or
unnecessary hardships
inconsistent with the general
purpose of such regulations;
and
d. That the granting of
such variance will not be
detrimental to the public
health, safety or general
welfare, nor to the use, -
enjoyment or valuation of
neighboring properties; and
e. That the granting of a
variance in conjunction with
a hazardous waste facility
will be consistent with the
portions of the county's
hazardous waste management
plan (CHWMP) which identifies
specific sites or siting
criteria for hazardous waste
facilities.
3. Burden of Proof. The
applicant shall have the
burden of proving to the
satisfaction of the
appropriate decision - making
authority that the above
standards are met.
4. Duration. Any variance
is considered to run with the
land. An expiration date may
be imposed at the time the
variance is granted.
D. Administrative Exception.
A request for a minor
exception from eertain types
standards of zoning
regulations may be approved
by the director of community
development as an
administrative exception,
upon making the following
findings:
a. That the granting of
the exception will not create
negatively-impacts to
abutting properties; and
b. That the strict
application of the zoning
regulations as they apply to
the subject property will
result in practical
difficulties or unnecessary
hardships inconsistent with
the general purpose of such
regulations; and
c. That the granting of
the exception is consistent
with the General Plan and /or
any applicable specific plan.
The director shall provide
a notice of the request, the
date when the action is to be
taken and a request for
written comments for or
against the request. The
notice shall be mailed to all
surrounding property owners,
within three hundred (300)
feet of the property, whose
names appear on the latest
equalized
assessment roll of Ventura
County. An administrative
exception may be granted,
only in the following
situations:
a. To allow a decrease not
to exceeds twenty percent
(20 %) in any required minimum
setback, provided that such
exception may be granted only
once from �,he minimum
standard - adopted by this code
or any planned development
Exhibit - A
Page 7
30
permit approved consistent
with this code;
b. To allow a decrease not
to exceed•rng ten percent
(10 %) in required parking
aisle width or similar
dimensional requirements;
c. To allow walls, fences
or hedges to exceed the
height limit regulations by a
maximum of one (1) foot in
setback areas, except in a
required sight triangle;
d. To allow an increase not
to exceedi-xg ten percent
(10 %) for maximum building
coverage, or sign area or
sign height.
e. To allow a five - percent
(5 %) decrease in the required
lot area for second units.
. (Ord. 234 §§ 3, 4, 1997;
Ord. 196 § 3 (part), 1994;
Ord. 189 § 3 (8111 -2), 1994)
17.44.040 Filing and
processing of application
requests.
A. Submission of Applications.
An application for a permit
or variance may be filed by'
the owner of the property or
his /her authorized agent, a
lessee who holds a lease
whose terms permit the use
applied for, or by any duly
constituted government
authority or agent thereof.
Such application requests
shall be filed with the
department of community
development. No application
request shall be accepted for
filing and processing unless
it conforms to the
requirements of this title,
contains in a full, true and
correct form the required
materials and information
prescribed by the forms
supplied by the department of
community development and is
accompanied by the
appropriate processing fees.
B. Existing Violations.
No application request for
an entitlement shall be
accepted if a violation of
the zoning ordinance,
subdivision ordinance or
municipal code exists on the
lot, provided that the
violation was a result of the
actions or inactions of the
applicant or his
predecessor(s) in interest,
until the violation is
abated, unless the acceptance
of the application is
necessary to the abatement of
the existing violation.
C. Content of Applications.
The content of applications
shdll be determined by the
planning division. Site plans
and elevations (in color,
with building materials
identified), sample floor
plans and samples of exterior
finishing materials may be
required as part of the
permit procedure. If the
project is proposed to be
developed in phases, the
sequence of such phases shall
also be shown.
D. Completeness of
application.
Net later than -.hi F-t- �
ea l e.x, d -, ��e - .
�3l -� n n i • -� ' L
this title, The applicant
shall be notified in writing
as to whether the application
is complete or incomplete, no
later than thirty calendar
days after the planninq
division has accepted an
application under this title,
except in the case of zone
Exhibit - A
Page 8
') 045
changes and General Plan
Amendments, which are
legislative acts and thus are
not subject to the thirty
(30) day limit. If the
application is determined to
be incomplete, the applicant
shall be notified in writing
of the reasons for such
determination and of the
information needed to make
the application complete.
1. Review of Supplemental
Information. If an
application is deemed
incomplete and the applicant
subsequently submits the
required information, a new
thirty (30) day review period
begins on the day that the
supplemental information is
submitted.
2. Termination of
Incomplete Application. Upon
written notification to the
applicant, processing of an
incomplete application may be
terminated if no reasonable
effort has been made by the
applicant to complete the
application for a period of
ninety ( 90 ) days from the
date of notification of
incompleteness. All unused
fees shall be refunded to the
applicant. An extension to
this ninety (90) day period
may be granted by the
director of community
development upon written
request by the applicant
showing good cause.
E. Review and Conditioning of
Applications.
Applications and proposed
uses shall be reviewed to
determine the appropriate
environmental document, and,
by various city departments
as well as interested parties
such as cities and special
districts which are involved
in the review and
c?p,elitioning of projects.
1. Consultant Review. City
staff may refer any
application request to an
independent, qualified
consultant for review and
evaluation of issues beyond
the expertise or staffing
capabilities of the city. The
costs for all such consultant
work tegeth== combined with
the administrative charge in
effect at the time for
management of the consultant
contract shall be borne by
the applicant and are
independent of the fees paid
to the planning division for
the processing of the
application request.
2. Securities. Except as
otherwise specified in this
title, the decision- making
authority may impose a penal
and /or performance security
on any discretionary
entitlement as a condition of
such entitlement. The
security(s) shall be filed in
a form acceptable to the city
attorney and certified by the
city clerk.
a. The required amount of
the security(s) may be
increased periodically by the
director of community
development in order to
compensate for inflation
(based on the applicable
regional Consumer Price
Index) or other factors, so
that the same relative value
of the security is maintained
over the life of the permit,
and to assure that
performance securities
continue to reflect the
actual anticipated costs for
completing a required task.
No security shall be released
Exhibit - A
Page 9 �, ,r�
C 30046
until after all of the
applicable
D.O.G. immediately when such
conditions of the
permit have been
wells are encountered in site
met.'
b. In the
preparation or construction.
event of any
failure by the permittee to
Applicants shall bear the
perform or comply with any
cost of re- abandonment if
required q r
term or condition of a
prior to project
approval. The city will
discretionary entitlement,
notify D.O.G. of the location
the decision- making authority
of any proposed project that
may, after notice to the
permittee and after a
is found to be over or near
public
hearing, determine by
any such well(s).
resolution the amount of the
F. Nullification.
penalty, and declare all or
Zoning clearances and all
part of the security
forfeited. The
licenses issued therefrom,
sureties and
principal will be jointly and
and all other entitlement,
severally obligated to pay
shall become null and void
if:
forthwith the full amount of
1. The application
the forfeiture to the city.
request
which was submitted
The forfeiture of any
was not
in full, true and
security shall not insulate
correct
form.
the permittee from liability
in
2. The entitlement issued
excess of the sum of the
security for damages or
does not comply with the
injury, nor from expense or
terms and conditions of the
permit originally
.., liability suffered by the
granting
the
city from any breach by the
use under this title.
permittee of any term or
3. The entitlement was
issued
condition of the permit or 6f
erroneously.
any applicable ordinance or'
G. Vesting of Rights.
of the security.
c. The permittee shall
No person obtains any right
maintain the minimum
or privilege to use land or
specified amount of a penal
P
structures for an u
Y P rpose or
in
security throughout the life
any manner described in an
of the entitlement. Within
application merely by virtue
thirty (30) days of any
of the city ' s acceptance of
forfeiture of a penal
an application or approval of
security, the permittee shall'
the subject request.
restore the security to the
required level.
H. Amendments to this Title.
3. Abandoned Oil /Gas Wells.
An application to amend this
title shall be
All projects will be reviewed
for
proposed in
accordance with Chapter
location over or near an Y
17.60.
abandoned or idle- deserted
oil or gas well, based on
I.1. Fees.
maps provided by the State of
California Division of Oil
Each application re quest for
and Gas (D.O.G.). In
any Purpose subject to the
addition, project applicants
regulations of this title,
shall notify the city and
except
P appeals, shall be
accompanied by payment of all
Exhibit - A
Page 10
90047
outstanding fees and charges
commenced; prior to the
billed by and owed to the
granting of the required
city b the applicant or by
permit or variance, the fee
persons, partnerships,
for said permit or variance
corporations or other
shall be doubled, provided
entities owned or controlled
that the city has notified
by the applicant or owning or
the property cwner of the
controlling the applicant.
violation. In no event shall
Furthermore, each application
such double fee exceed the
request for any purpose,
application fee set forth by
including appeals and
council resolution plus one
requests for presubmittal
thousand dollars ($1,000.00).
review, shall be accompanied
Payment of such double fee
by the fee specified by
shall not relieve persons
resolution of the city
from fully complying with the
council, before it is
requirements of this code,
accepted for filing and
nor from any other penalties
processing. The fees for
prescribed herein.
discretionary permits to
4. Billing Method. Once a
allow conversions from
decision becomes effective
residential to commercial or
regarding an entitlement, the
residential to office use
applicant shall be billed for
within the Downtown Specific
the balance of fees and
Plan area shall be one -half
charges as specified by the
of the standard fee as
fee resolution or as required
f:-. contained in the City Fee
to reimburse the city for the
Schedule as adopted by City
actual cost of processing. -
Council Resolution or the
Should final costs be less
actual cost of processing the
than the deposit fee, the
application to its
unused portion of the deposit
completion, whichever is
shall be refunded to the
less.
applicant. Upon request, an
2. Exemptions. No filing
accounting of all fees and
fee need accompany
charges billed to the
applications for activities
applicant shall be made
sponsored by nonprofit
available. An applicant may
organizations such as scouts,
request, or the city may
4 -H clubs and little leagues,
require, incremental billing
which are solely youth-
for processing costs of an
oriented. No filing fee shall
application request. All fees
be charged or collected for
and charges shall be due and
any application or appeal
payable within thirty (30)
filed and signed by any ei t-y
days of the date of any
effieer, empleyee two board
billing invoice. If billed
members, any two
fees and charges are not paid
commissioners or any
within thirty (30) days of
individual city council
the invoice date, a penalty
member when that appeal is
charge of five percent (S%)
filed on behalf of the city.
of the unpaid balance will be
3. Penalty Fees. Where a
added to the balance due.
use actually commences, or
Each month thereafter, an
construction to that end is
interest charge of two
Exhibit - A
Page 11
CUO004-S
percent (2 %) of the unpaid
date, time and place of the
balance shall be added and
hearing, the identity of the
/- compounded until the bill is
hearing body or officer, a
paid in full. Whenever fees
general explanation of the
and charges are not paid as
matter to be considered, and
prescribed, the city shall
a general description, in
pursue collection of said
text or by diagram, of the
fees and charges in a
subject property.
diligent manner.
2. Whenever a hearing is
5. Failure to Pay. While
required under this chapter
the city may choose not to
before an application can be
stop processing an
acted upon, the planning
application for which the
division shall set a date,
applicable billed fees and
time and place for the matter
charges have not been paid,
to be heard, and shall give
the city may, after a
public notice of the hearing
hearing, deny such
by publication in a newspaper
application based on the
of general circulation within
applicant's failure to pay
the jurisdiction of the city
said fees and charges.
at least ten (10) days prior
to the hearing.
J. Continuance of Permit
3. In addition, if the
During Application Renewal
hearing involves a
Process.
discretionary permit (other
1. Unless otherwise
than an emergency use
provided in the conditions of
authorization) or
the permit, permits being
modification thereto, a
processed for renewal shall
variance or modification or
remain in full force and
revocation thereof, an appeal
effect until the renewal
regarding any variance or
request is acted on and all
discretionary permit, or a
administrative appeals have
zoning ordinance amendment
been exhausted, provided that
which affects the permitted
the renewal application was
uses of property, then a
accepted as complete by the
written notice, postage
planning division prior to
prepaid, "shall be mailed to
the expiration of the permit.
all of the following,
2. All the terms and
pursuant to Government Code
conditions of the original
Section 65091, as the same
permit must be followed at
may be amended from time to
all times. (Ord. 189 § 3
time-
(8111-3), 1994)
a. The owner of the subject
property, or the owner's duly
17.44.050 Notice and hearing
authorized agent;
procedures.
b. The applicant, if
A. Notice.
different from the owner;
1. Hearing notices prepared
c. Each local agency whose
pursuant to this chapter for
ability to provide essential
subdivision matters, Planned
services or facilities to the
Development Permits, General
project may be significantly
Plan Amendments and Zone
�'-
affected by the project; and
Changes, shall include the
d. The owners of real
Exhibit — A
Page 12
0 G149
property situated within a
radius of three hundred
(3001) feet, with the
exception of discretionary
permits identified by Section
17.4.030.A.1.e within the
Dow-n---own 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 (1/8) page display
advertisement published at
least ten (10) days prior to
the hearing in a newspaper of
general circulation within
the jurisdiction of the city
may be substituted for the
direct mailing.
e. All parts of this code
relating to public hearing
notices shall be adhered to.
4. Notification shall also
be mailed or delivered, at
least ten (10) days prior to
the hearing, to any person
who has filed a written
request for such notice with
the director of community
development.
S. In the case of appeal
hearings, notice shall also
be provided to the appellant
and, if applicable, to the
city official, city council
member, department, board or
commission whose order,
requirement, permit, decision
or determination is the
subject of the appeal.
6. At least eleven (11)
days prior to the date of the
hearing, the applicant shall
Post on the property a notice
of public hearing. The notice
shall be posted in accordance
with the provisions contained
within Chapter 17.68.
B. Hearing Procedures.
The decision- making
authority(s) shall hold at
least one (1) public hearing
on any duly filed application
that requires a discretionary
decision. Such hearings shall
be conducted in such a manner
as to allow the applicant and
all other interested parties
to be heard and present their
Positions on the case in
question, and shall have a
record of the decision kept,
along with the findings made
which supported the decision.
Administrative hearings shall
be conducted by the director
of community development or
designee as specified in
Section 17.44.030.A.1.d. and
are subject to the notice
provisions of that section.
C. Referrals.
A decision- making authority
may refer a matter back to
the preceding hearing body
for further report,
information or study.
D. Continued Matters.
If it is necessary to
continue the hearing or
decision on any matter before
the decision - making
authority, the person
presiding at the hearing
shall publicly announce the
date, time and place certain
to which the matter will be
continued. Except for the
Posting of a notice of
Exhibit — A
Page 13
C
continued public hearing in a
public place, no further
notice need be given. (Ord.
189 § 3 (8111 -4), 1994)
17.44.060 Decisions.
The applicant shall
receive notice of the final
decision - making authority's
shall render its decision
either by the adoption of a
resolution (for applications
decided in a public hearing)
or by the issuance of a
determination letter (for
applications decided
administratively by the
director of community
development or designee). A
resolution or determination
letter rendering a decision
on an application request
shall recite such conditions
and limitations deemed
necessary by the decision-
making authority. The
..;:% applicant shall be furnished
such decision by U.S. Mail.
A. Deferral of Decisions on
Applications.
1. The director of
community development may
defer any decision on a
planned development permit or
conditional use permit
application (including
modification) to the planning
commission at any time within
thirty (30) days after the
close of the administrative
hearing if the project:
a. May result in
significant adverse
environmental impacts which
cannot be mitigated to
insignificant levels; or
b. Involves significant
public controversy; or
c. Is in,,e6nflict with city
policies, or would
necessitate the establishment
of new policies; or
d. May be precedent -
setting; or
e. Should be deferred for
any other cause deemed
justifiable by the director
of community development.
2. The planning commission
may defer a decision on an
entitlement to the city
council in cases where two
(2) entitlements regarding
the same property or site are
being processed concurrently,
and the city council is the
decision - making authority for
one (1) of the entitlements.
B. Decision Options.
The decision - making
authority hearing a
discretionary matter may
approve, conditionally
approve, deny or modify,
wholly or partly, the request
being reviewed. The authority
may impose such conditions
and limitations as it deems
necessary to assure that the
general purpose and intent of
this title and its various
chapters will be observed,
and that the public interest,
health, safety, convenience
and welfare will be served.
In the absence of any
provision to the contrary in
a decision granting a
request, said request is
granted as set forth in the
application. All conditions
and restrictions applied to a
decision on an application
request not appealed shall
automatically continue to
govern and limit the subject
use or structure unless the
action of the decision- making
authority clearly indicates
otherwise.
Exhibit - A
Page 14
C. Notice of Decision.
Not later than thirty (30)
calendar days following the
effective date of a decision,
the planning division shall
£'ratese- the deelsien —ftaki g
de--- - - to be
mailed a copy of the decision
to the applicant or appellant
in resolution or letter form,
in care of the address
appearing on the application
or such other address
designated in writing by the
applicant or appellant. In
addition, the authority
and /or agency whose decision
is the subject of an appeal
shall also be notified of the
decision.
D. Effective Date of
Decisions.
1. An administrative
decision or a decision of the
planning commission is
effective at the expiration
of the decision's appeal
period unless an appeal, in
proper form and addressed to
the appropriate decision -
making authority, is filed
with the director of
community development prior
to the expiration of the
appeal period.
2. A decision of the city
council is effective on the
date it is rendered.
E. Effect of an Appeal.
Neither the applicant nor
any enforcement agency may
rely on an authority's
decision until the expiration
of the decision's appeal
period or until the appeal
has been resolved, whichever
occurs later. See also
Section 17.44.090. Actions
by the decision making
authority are stayed pending
the consideration of the
appeal.
F. Implementation.
The director of community
development shall be
responsible for preparing the
resolutions or letters
mentioned in this chapter and
any other paper or document
required by the planning
commission or the city
council in order to discharge
their duties and
responsibilities under this
chapter and title. It shall
be the responsibility of the
permittee to ensure that all
conditions placed on a permit
are met. No permits or
Zoning Clearances may be
approved or issued by -t-he
preeedures thia
t i c lenee d- belted until
all conditions required to be
completed r== ^=a=nt prior to
their issuance are eemplete
satisfied.
G. Expiration.
Unless otherwise specified
in this title or in the
permit conditions, any permit
hereafter granted that
requires a zoning clearance
becomes null and void if a
zoning clearance is not
obtained by the permittee
within the time specified in
such permit. If no date is
specified, the permit shall
expire one (1) year from the
date of issuance unless a
zoning clearance has been
issued. After expiration of a
permit, the property affected
thereby shall be subject to
the regulations of the
applicable zone
classification and all other
provisions of this title. The
permittee is solely
Exhibit - A
Page 15
14i
responsible for the timely
renewal of a permit; the city
has no obligation to notify
the permittee of the imminent
expiration of the permit.
(Ord.. 189 § 3 (8111 -5),
1994)
17.44.070 Reapplication.
An application request may
be denied with prejudice on
the grounds that two (2) or
more similar application
requests have been denied in
the past two (2) years, or
that other good cause exists
for limiting the filing of
applications with respect to
the property. If such denial
becomes effective, no further
application for the request
shall be filed in whole or in
part for the ensuing eighteen
(18) months except as
otherwise specified at the
time of the denial, or unless
there is a substantial change
in the application. (Ord. 189
3 (8111 -6), 1994)
17.44.080 Modification,
suspension and revocation.
A. Modification of Permits.
An application for
modification of a permit or
variance pursuant to this
section may be filed by any
person or entity listed in
Section 17.44.040A. Any
change of an approved
discretionary permit is also
a discretionary decision and
is considered to fall into
one (1) of the following
three (3) categories:
1. Reserved.
2. Minor Modification.
Any proposed change that
exceeds the criteria of a
site plan adjustment, but is
not extensive enough to be
considered a substantial or
fundamental change in land
use relative to the permit,
would not have a substantial
adverse impact on surrounding
properties, and would not
change any findings contained
in the environmental document
prepared for the permit,
shall be deemed a minor
modification and may be acted
upon by the director of
community development or
designee through an
administrative hearing
process as provided for in
Section 17.44.030.A.1.d.
3. Major Modification.
Any proposed modification
which is considered to be a
substantial change in land
use relative to the original
permit, and /or would alter
the findings contained in the
environmental document
prepared for the permit,
shall be deemed a major
modification and be acted
upon by the decision- making
authority which approved the
original permit.
4. Permit Adjustment.
Any change which would not
alter any of the findings
pursuant' to this title, nor
any findings contained in the
environmental document
prepared for the permit, and
would not have any adverse
impact on surrounding
properties, may be deemed a
permit adjustment and acted
upon by the director of
community development or
designee without a hearing.
There shall be no more than
one (1) approved permit
adjustment per calendar year.
Such charges include, but are
not limited to, the
following:
Exhibit - A
Page 16
r� 3C
a. An increase or decrease
of not more than ten percent
(100) in floor or permit area
and an expansion of less than
five thousand (5,000) square
feet, whichever is less, or
in the area of walls, fences
or similar structures used as
screening, or in height,
provision for landscaping or
similar standards or
dimensions, provided that any
increase in parking space
requirements can be
accommodated on -site;
b. Internal remodeling or
minor architectural changes
or embellishments involving
no change in basic
architectural style or any
change in use where the new
use requires the same or a
lesser permit than the
existing use; or the
establishment of a new use in
an unoccupied building that
has been granted a permit;
provided, in both cases, that
any increase in parking space
requirements can be
accommodated on -site.
B. Modification, Suspension
and Revocation for Cause.
Any permit or variance
heretofore or hereafter
granted may be modified or
revoked, or its use
suspended, by the same
decision - making authority and
procedure which would approve
the permit or variance under
this title. An application
for such modification,
suspension or revocation may
be filed, along with
applicable fees, by any
person or entity listed in
Section 17.44.040.A., or by
any other aggrieved person.
The applicant for such
modification, suspension or
revocation shall have the
burden of proving one (1) or
more of the followin'causes:
a. That any term or
condition of the permit or
variance has not been
complied with;
b. That the property
subject to the permit or
variance, or any portion
thereof, is or has been used
or maintained in violation of
any statute, ordinance, law
or regulation;
6. That the use for which
the variance or permit was
granted has not been
exercised for at least twelve
(12) consecutive months, has
ceased to exist, or has been
abandoned;
d. That the use for which
the permit or variance was
granted has been so exercised
as to be detrimental to the
public health, safety or
general welfare or as to
constitute a nuisance;
e. That changes in
technology, or in the type or
amount of development in the
vicinity of the use, or other
good cause warrants
modification of conditions of
operation or imposition of
additional conditions of
operation to assure that the
use remains compatible with
existing and potential uses
of other property within the
general area in which the use
is located.
2. Nonwaiver. The failure
of the director of community
development, planning
commission or city council tc
revoke a variance or permit,
or to suspend its use
whenever cause therefor
exists or occurs, does n9t'
constitute a waiver of §uch
right with respect to any
Exhibit - A
Page 17,,,3 ("OS4
subsequent cause for
administration of this title
revocation or suspension of
may be filed by an aggrieved
the use.
part �/any City Council
3. Prohibition. No person
member, or any department or
shall carry on any of the
board or-commission of the
operations authorized to be
City affected by the decision
performed under the terms of
within ten (10) days after
any permit during any period
the alleged decision - making
of suspension thereof, or
error, or on the following
after the revocation thereof,
work day if the tenth day
or pending a judgment of
falls on a weekend or
court upon any application
holiday.
for writ taken to review the
1. An application for
decision or order of the
appeal from the decision of
final appeal body in the city
the community development
in suspending or revoking
director or the
such permit; provided,
administration of the
however, that nothing herein
application process for
contained shall be construed
applications referenced
to prevent the performance of
within Section 17.44.030.A.1e
such operations as may be
may be filed within ten (10)
necessary in connection with
days of the date of which the
a diligent and bona fide
director's decision is
effort to cure and remedy the
rendered. Fees for Downtown
default, noncompliance or
Specific Plan appeals shall
violation, for which a
be one -half the appeal fee
t suspension of the permit was
contained within the most
ordered by the applicable
current fee schedule
city entity, or such
established by resolution of
operations as may be required
the City Council.
by other laws and regulations
2. Approval of a zone
for the safety of persons and
clearance or other
the protection and
ministerial approvals are not
preservation of property.
appealable other than by the
(Ord. 189 S 3 (8111 -7), 1994)
applicant of the ministerial
approval. Included within
17.44.090 Appeals.
this section are appeals of
Unless otherwise provided
the director of community
in this title, an appeal
development's refusal to
shall be processed in the
accept or process an
same manner as other
application until the
discretionary application
applicant has paid or pays
requests set forth in this
all outstanding fees and
chapter and in accordance
charges in accordance with
with the following:
subsections A, (I).(1) and
A. General.
(I) (3) of Section 17.44.040..
Unless otherwise prescribed
3. Decisions made regarding
by this subsection, an
enforcement reports, which
application for an appeal
are not a part of this title,
concerning any order,
are not appealable.
requirement, permit or
4. In hearing and deciding
- decision made in the
such an appeal of the
Exhibit - A
Page 18,✓ ,)C( -),iic
i
director of community
development's refusal to
accept an application f 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.
B. Hearing Body.
All appeals shall be filed
with the community
development department and be
addressed to the decision -
making authority hearing the
appeal. The appropriate
decision - making authorities,
unless otherwise stipulated
in this chapter, are as
follows:
1. Appeals of
administrative decisions (by
the director of community
development or designee)
shall be heard by the
planning commission.
2. Appeals of planning
commission decisions shall be
heard by the city council.
3. Appeals relating solely
to requests under this
chapter for waivers or
modifications of policies of
the city council need be
heard only by the city
council.
C. Appeal Period.
The appeal period for
appeals to city decision -
making authorities shall end
ten (10) days, after the
decision being appealed is
rendered pursuant to Section
17.44.060, or on the
following workday if the last
day of the appeal period
falls on a weekday or
holiday.
D. Hearing and Notice.
Upon receipt of a complete
appeal application form, the
planning division shall
establish a date, time and
place for the hearing not to
exceed 90 days from the date
of the filing of a complete
application for appeal.
Notice shall be given in the
same manner as required for
the original request, and
shall also be given to the
applicant and appellant, as
the case may be.
1. The director of
community development shall
deliver all pertinent
information relating to the
matter on appeal to the
authority hearing the appeal
prior to the date of the
hearing, unless otherwise
dilYected by that authority.
2. A matter on appeal may
be referred back to the
preceding decision - making
authority for further report,
information or study.
3. Whenever a matter on
appeal has been referred back
to the preceding decision -
making authority, said
authority shall respond
within thirty (30) calendar
days following the date of
such referral, unless
otherwise specified by the
decision- making authority
making the referral.
4. Hearings on multiple
appeals may be consolidated.
E. Appellate Decision.
The decision - making
authority shall have the
authority to consider the
entire application anew and
either approve, deny, or
approve with modifications,
the appeal request. (Ord. 189
§ 3 (8111 -8), 1994)
Exhibit - A
Page 19
17.44.100 Effect of change of
zoning ,T,dgulations.
See Section 17.52.110.
(Ord. 189 § 3 (8111 -9), 1994)
�4
Exhibit - A
Page 20
Chapter 17.60
AMENDMENTS TO THIS TIT TZ+ THE GENERAL PLAN, SPECIFIC PLANS, ZONING
MAP AND ZONING CODE
Sections:
17.60.010
Purpose.
17.60.020
Amendments
17.60.030
Amendment Initiation
17.60.040
Applications Required
17.60.050
Hearing and Notice Requirements.
17.60.060
Approving Body
17.60.070
Commission Action on Amendments.
17.60.080
Council Action on Amendments.
17.60.090
Reapplication.
17.60.100
Findings.
17.60.010 Purpose.
The purpose of this chapter
is to establish procedures
for amending the General
Plan, Specific Plans, the
Zoning Map or Zoning
Ordinance whenever required
by public necessity and
general welfare.
Adoption and amendment of a
General Plan, Specific Plan;
Zoning Map or Zoning
Ordinance is a legislative
act.
17.60.020 Amendments.
Amendments to the General
Plan, Specific Plan, and
Zoning Map /Code may be either
textual or map. Textual and
mapping changes may be of
three types:
A. Major Amendments.
Manor amendments are those
which effect changes to
goals, policies, or
strategies or would alter
basic policy directions of
the existing general plan or
an adopted specific plan.
Any amendment that would
create significant and
substantial impact to levels
of public service must be
considered as maior.
B. Minor Amendments.
Minor amendments are those
which do not create any need
for the extension of public
services. Some adjustment to
service levels may be needed
to meet other policy
directives, but no new
service levels are created.
C. Technical Amendments.
Technical amendments are
changes to data base
information, statistical
materials, corrections to
textual errors and changes
which clarify meanings of
policy or strategies but do
not alter the intent and
purpose of the material.
With the exception of those
amendments necessary to meet
housing goals, no mandatory
element of the General Plan
may be amended more than four
times in any one calendar
ear.
S: \Community Development\ Everyone\ Chapterl760CLcodestyle.docExhib i t - B 1
17.60.030 Amendment
compliance with
Initiation.
administrative procedures
A. Initiation.
provided by the planning
Proposals to amend the
division. A fee, as
General Plan, any specific
prescribed by City Council
plan, the zoning map or this
resolution shall accom any
zoning ordinance may be
the application.
initiated by any of the
Formal applications for
following methods:
General Plan amendments may
1•
only be accepted and
map —maw Initiation by the
considered following
owner(s) or the authorized
successful pre - screening
agent of the owner(s) of the
application reviews as
property by filing an
established by resolution of
application as provided by
the City Council.
the community development
department, planning
Zoning map amendments have
division.
the effect of rezoning
2. A change in the General
property from one zoning
Plan, a specific plan, zoning
district to another. Textual
map or zoning ordinance may
Amendments to this zoning
be initiated by a resolution
ordinance may modify any of
of intent of the planning
the regulations enumerated in
commission; or may be
Section 65850 of the
initiated directly by the
Government Code of the State
city council by resolution of
of California. Amendments to
intent or minute order.
the provisions of this title
3. A change in the General
may be adopted similar to
Plan, a specific plan, zoning
other ordinances adopted by
map or zoning ordinance may'
the City. (Ord. 189 § 3
be initiated by request to
(8115 -0), 1994)
the planning commission or
city council by the director
B. Study of Additional Area.
of community development.
The director of community
4. A change in the text of
development, upon review of
the General Plan, a specific
an application or resolution
plan or zoning ordinance may
of intention for an amendment
be initiated by action of the
to the General Plan, any.
director of community
specific plan or zoning map
development provided that
may elect to include a larger
such amendments are
area or additional land in
restricted to procedural
the study of the amendment
issues only.
request. (Ord. 189 § 3 (8115-
1) , 1994)
17.60.040 Applications
Required.
17.60.050 Hearing and Notice
All applications to amend the
Requirements.
General Plan, an adopted
The planning commission and
Specific Plan, the zoning map
city council shall each hold
or zoning code must be filed
at leastone (1) public
with the planning division on
hearing -'on any General Plan,
forms and in substantial
Specific Plan or zoning
S: \Community Development \ Everyone\ Chapterl760CLcodestyle.docExhib it - B 2
0
amendment request. The notice
and hearing requirements
shall be the same as those
prescribed in Section
17.44.050. (Ord. 189 § 3
(8115 -2), 1994)
17.60.060 Approving Body.
The City Council shall
approve all major and minor
general plan amendments and
specific plan amendments.
The Community Development
Director shall approve all
technical amendments.
Technical amendments shall be
approved, denied or modified
by the Community Development
Director without benefit of
public hearing but shall be
placed upon the next
available agenda consent
calendar for concurrence by
the Citv Council.
17.60.070 Commission Action
on Amendments.
Following a public hearing,
the planning commission shall
make a written recommendation
to the city council whether
to approve, approve in
modified form, or disapprove
the ate_ proposed amendment,
based upon the findings
contained in Section
17.60.070. Such
recommendation shall include
the reasons for the
recommendation and the
relationship of the proposed
ordinance or amendment to
applicable general and
specific plans.
17.60.080 Council Action on
Amendments.
Following a public hearing,
the city council may approve,
modify or disapprove any
planning commission
recommendation regarding an
amendment request based upon
the findings in section
17.60.070; provided that any
modification
A modification shall be
deemed "previously
considered" if the
modification of the proposed
ordinance or amendment by the
city council is based upon
the issues and evidence
initially heard by the
planning commission.
17.60.090 Reapplication.
A General Plan amendment,
specific plan amendment or
zoning map change may be
denied with prejudice, in
which event no further
application shall be filed
affecting all or part of the
property for the ensuing
eighteen (18) months except
as otherwise specified at the
time of denial. A
ehange amendment may be
denied with prejudice on the
grounds that two (2) or more
similar applications for
substantially the same zenlng
map changes have been denied
in the past two (2) years, or
that other good cause exists
for limiting the filing of
applications with respect to
the subject property. The
planning commission, upon
being presented with good
cause, may permit an
applicant to apply for a
zening ma change on the same
property within eighteen (18)
months. (Ord. 189 § 3 (8115-
3), 1994)
17.60.100 Findings.
A. Findings for Zening Map
Amendments
An amendment to he tee --ef
this Bening- erdinanee er the
S: \Community Development\ Everyone\ Chapterl760CLcode style. docExhib it - B 3
1121 4--11C
�9
may be
approved only if all the
following findings are made,
as applicable to the type of
development.
1. Findings required for all
erdiiaanee amendments.
a) The proposed amendment is
consistent with the goals,
policies, and
implementation strategies
of the general plan.
b) The proposed amendment
would not be detrimental to
the public, health, safety,
or welfare of the city; and
c) The proposed amendment will
not adversely effect
surrounding properties.
2. Additional Finding for
Zoning Map Amendments.
The site is physically
suitable (including, but not
limited to access, provision
f.. of utilities, compatibility
with adjoining land uses, and
absence of physical
constraints) for the
requested zoning designations
and anticipated land
use /developments.
S: \Community Development \Everyone \Chapterl 7 6 0 CLcode style. docExhib it - B 4
ITEM 9 . Q
CITY OF MOORPARK
PLANNING COMMISSION
AGENDA REPORT
TO: Planning Commission
FROM: John Libiez, Planning Manager /Advanced -;
MOORPARK, CALIFORNIA
Planning Commission ► aeftfg
Of . /.,.
C Lam:
4L
DATE: February 6, 2001 (Meeting of February 12, 2001)
SUBJECT: CONSIDER AN AMENDMENT TO THE CITY OF MOORPARK ZONING
CODE TO AMEND CHAPTERS 17.44 RELATED TO ENTITLEMENTS,
AND CHAPTER 17.60 RELATED TO AMENDMENTS TO THE ZONING
CODE; ZONING CODE AMENDMENT 2001 -02.
BACKGROUND
Section 17.60.020.A.5. permits the Director of Community
Development to propose amendments to the text of the Zoning Code
of the City of Moorpark. In 1997, the City Council initially
directed that staff and the Planning Commission consider and
recommend appropriate code amendments for the subject chapters.
The Director referred several items for study and recommendation
to a selected professional consultant familiar with zoning law
and process. The consultant has completed the requested work
and has provided textual changes related to Amendments to the
Zoning Code and Entitlements Processing and Procedures. It is
recommended that the Planning Commission review these changes
and provide a recommendation to the City Council.
DISCUSSION
Staff has combined both zoning ordinance amendment proposals
within this staff report since both code chapters were included
within the same public notice. It is suggested that the
Planning Commission consider each chapter separately in its
deliberations. Also, a draft resolution has been prepared for
consideration with each proposed amendment attached as an
exhibit. It is suggested that after the Commission completes
discussion and deliberation on each item that a motion and
action be completed on each item.
ATTACHMENTS
Zoning Ordinance Amendment 2001 -02
Chapters 17.44 & 17.60
Planning Commission 2/12/01
Page 2
C AKAJI ?
CHAPTER 17.44 ENTITLEMENTS- PROCESS AND PROCEDURES
The Planning Commission considered Zoning Code Amendment 99 -08
and adopted Resolution PC -99 -381 recommending modification to
provisions of Chapter 17.44. This proposal related to the
processing of development projects involving the conversion of
residential uses and structures to commercial and office uses
within the Downtown Specific Plan area, and, to clarify permit
fees and appeal periods related to such applications at the
August 9, 1999, Commission meeting. The City Council
subsequently considered the Planning Commission recommendations.
and adopted Ordinance 265 on October 6, 1999, incorporating
those recommendations into Chapter 17.44.
During the discussion of Zoning Code Amendment 99 -08, staff and
Commission agreed that additional modifications to the
entitlements and processing provisions should be considered in
the future. The selected consultant was requested to begin that
work and prepare alternatives for staff discussion and
consideration prior to presenting . a recommendation to the
Commission.
The recommended amendments to Chapter 17.44 are attached to this
staff report (Attachments 1 and 2) . Attachment 1 presents the
proposed changes in legislative format and Attachment 2 presents
the amendments in clear text, as prepared by the consultant.
All changes adopted by Ordinance 265 have been incorporated to
these proposed text changes. The City Attorney has reviewed the
proposed amendments and suggested changes or clarifications.
These have been incorporated as appropriate within the proposed
code amendments included within the attached draft resolution.
The exhibit attached to the draft resolution reflects final
language in legislative format so that the Commission may
consider changes to the consultant's language recommended by
staff.
The proposed changes include the following;
• Require all permits and clearances issued to be consistent
with the General Plan and any applicable specific plan.
• Clarifies the standards and circumstances for variance
issuance
• With regard to "Administrative Variance" proposes to
(1)rename these applications to "Administrative Exception ",
(2)provide specific findings for issuance of an exception,
(4)changes the radius of public notice for an exception,
�,, 30063
Zoning Ordinance Amendment 2001 -02
Chapters 17.44 & 17.60
Planning Commission 2/12/01
Page 3
and (5) adds a provision for grant of exceptions for lot
area for a second dwelling unit.
• Clarifies supplemental information considerations for
previously incomplete applications.
• Clarifies nullification of a permit for non - compliance with
conditions.
• Removes extraneous wording from the fee section.
• Exempts from fees certain appeal filings by specific
entities.
• Requires notice publication within a newspaper of general
circulation within the jurisdiction of the city.
• Deletes unneeded sign references under hearing procedures.
• Clarifies posting of continued matters.
• Modifies language for notice of decisions.
• Clarifies the effect of an appeal.
• Clarifies who may file appeals and who receives the appeal
filing.
CHAPTER 17.60 AMENDMENTS TO THIS TITLE
The consultant was also requested to review and suggest
amendments or corrections to Chapter 17.60 for staff discussion
and consideration prior to presenting a recommendation to the
Commission.
The suggested amendments to Chapter 17.60 are attached to this
staff report (Attachments 3 and 4). Attachment 3 presents the
suggested changes in legislative format and Attachment 4
provides the proposed amendments in clear text, as prepared by
the consultant. The City Attorney has reviewed the proposed
amendments and suggested changes or clarifications. These edits
as well as staff recommended edits to the consultant's language
have been incorporated as appropriate within the code style
legislative text attached to the draft resolution.
The proposed changes to Chapter 17.60 are in affect a
substantial re -write of the existing chapter. The proposed
changes simplify the language of the chapter and make it more
user friendly. Principal changes are addition of sections
addressing:
• Commission Action on Amendments
• City Council Action on Amendments
• Re- applications on the same properties.
• Addition of Findings required to approve amendments.
300G4
Zoning Ordinance Amendment 2001 -02
Chapters 17.44 & 17.60
Planning Commission 2/12/01
Page 4
Staff recommends that the Planning Commission consider the
proposed code chapters to be amended as attached as exhibits to
the draft resolutions.
Staff has determined the proposed zoning amendments to be exempt
under the City's rules to implement CEQA.
STAFF RECOMMENDATION
1. Open Public Hearing; receive staff presentation; receive
public testimony;
2. Close Public Hearing; discuss each item;
3. Adopt Resolution PC -2001- recommending to the City
Council approval of an amendment to the Zoning Code to
amend Chapter 17.44.; and, to amend Chapter 17.60.
ATTACHMENTS:
1.
Proposed
Chapter 17.44
Consultant
Legislative version
2.
Proposed
Chapter 17.44
Consultant
Final version
3.
Proposed
Chapter 17.60
Consultant
Legislative version
4.
Proposed
Chapter 17.60
Consultant
Final version
5.
Resolution PC -2001-
with Exhibits
ITEM. 9 b .
`�rt`� riQ1i)fY115S1Qf Rty`�;r. „'ri „`l
CITY OF MOORPARK
PLANNING COMMISSION ;,~ l�po2 d
AGENDA REPORT
TO: Planning Commission
FROM: John Libiez, Planning Manager /Advance
DATE: February 23, 2001 (Meeting of February 26, 2001)
SUBJECT: CONSIDER AN AMENDMENT TO THE CITY OF MOORPARK ZONING
CODE TO AMEND CHAPTERS 17.44 RELATED TO ENTITLEMENTS,
AND CHAPTER 17.60 RELATED TO AMENDMENTS TO THE ZONING
CODE; ZONING CODE AMENDMENT 2001 -02.
BACKGROUND
At the February 12, 2001 meeting staff presented suggested
changes to the Zoning Code related to Chapters 17.44 and 17.60.
The Planning Commission continued consideration of these changes
to the February 26, 2001 meeting.
DISCUSSION
The Planning Commission considered and discussed the staff
proposed changes and offered suggestions and amendments for
inclusion.
The changes presented as attachments to the resolution
accompanying this report address the Commission's expressed
concerns. Strikeout text reflects deleted language. Underlined
text reflects added language.
Staff has determined the proposed zoning amendments to be exempt
under the City's rules to implement CEQA.
STAFF RECOMMENDATION
1. Continue discussion; receive staff presentation;
2. Adopt Resolution PC -2001- recommending to the City
Council approval of an amendment to the Zoning Code to
amend Chapter 17.44.; and, to amend Chapter 17.60.
ATTACHMENT
M:\ JLibiez\ M\ CodeAmnd \PCStfRpt2.26.01ZCAmnds.doc .L_ _F OO
Zoning Ordinance Amendment 2001 -02
Chapters 17.44 & 17.60
Planning Commission 2/12/01
Page 2
ATTACHMENTS: /
1. Resolution PC -2001- with Exhibits