Loading...
HomeMy WebLinkAboutORD 271 2001 0621ORDINANCE NO. 271 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) modifications 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 Resolutions 97 -1312 and 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; SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held Ordinance No. 271 Page 2 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 ATTEST: Deborah S. Traffenst , City Clerk Attachment: Exhibit A: Amended Chapter 17.44 Exhibit B: Amended Chapter 17.60 Ordinance No. 271 Page 3 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 permitted within the zone district (as opposed to a conditional use), 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. Ordinance No. 271 Page 4 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, 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 17.44.050. The application may be denied on the basis that the applicant has not met the applicable burden of proof required by 17.44.030.A.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 zoning 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 Ordinance No. 271 Page 5 sales, provisions for uses for a limited period of time consistent with the zoning district where located. 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 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 by U.S. mail to surrounding property owners within three hundred (300) feet of the property, as identified by the latest equalized assessment role of Ventura County, of the director's intention to approve or deny the permit. 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; a general description, in text or by diagram, of the subject property; and 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 (10th) 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 Ordinance No. 271 Page 6 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 17.44.030.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 area 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. All of the standards of sub - paragraphs a. through f. must be met. The decision - making authority may impose such conditions and limitations, including time limits, it deems necessary 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; 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; and f. Is compatible with the scale, visual character and design of the 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. Ordinance No. 271 Page 7 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; 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: Ordinance No. 271 Page 8 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. 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 17.44.040.H; Ordinance No. 271 Page 9 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 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 D 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 Ordinance No. 271 Page 10 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 remains valid for so long as the use or structure which requires the variance(s) continues. D. Administrative Exception. 1. A request for a minor exception from 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 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— 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 exceed twenty percent (20 %) in any required minimum setback, provided that such exception may Ordinance No. 271 Page 11 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 exceed 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 exceed 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. 265 § 1 (part), 1999; (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 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 Ordinance No. 271 Page 12 procedure. If the project is proposed to be developed in phases, the sequence of such phases shall also be shown. D. Completeness of application. The applicant shall be notified in writing as to whether the application is complete or incomplete, no later than thirty calendar days after the 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. 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 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 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 Ordinance No. 271 Page 13 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 thirty (30) 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) . F. 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. Ordinance No. 271 Page 14 G. Amendments to this Title. An application to amend this title shall be proposed in accordance with Chapter 17.60. H.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. 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. 2. Exemptions. No filing fee shall be charged or collected for any application or appeal filed and signed by two planning commissioners or any individual city councilmember in their official capacity. 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. 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. Failure to Pay. 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. I. 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 Ordinance No. 271 Page 15 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 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 affected by the project; and d. The owners of real property situated within a radius of one - thousand (1,0001) feet, with the exception of discretionary permits identified by Section 17.44.030.A.1.e within the Downtown Specific Plan area, or a variance request associated with one (1) single - family residential dwelling unit, each of which shall have a distance requirement of three hundred (300) feet of the exterior boundaries of the assessor's parcel(s) which is the subject of the application. Names and addresses shall be obtained by the applicant from the latest equalized assessment roll. If the number of owners exceeds one thousand (1,000), a one - eighth (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. Ordinance No. 271 Page 16 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 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. 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 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 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 Ordinance No. 271 Page 17 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. A. Referral of Applications. 1. The director of community development may refer any applications or modifications to applications over which the director of community development has authority 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 referred for any other cause deemed justifiable by the director of community development. 2. The planning commission may refer 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 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. Ordinance No. 271 Page 18 C. Notice of Decision. Not later than thirty (30) calendar days following the effective date of a decision, the city shall provide by U.S. mail 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 until all conditions required to be completed prior to their issuance are 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 unless inaugurated. After expiration of a zoning clearance and /or Ordinance No. 271 Page 19 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 any 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. 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 17.44.040.A. 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 Ordinance No. 271 Page 20 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 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 this Chapter, or by any other affected 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. Ordinance No. 271 Page 21 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. That any term or condition of the permit or variance has not been complied with; 5. 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; 7. 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. 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 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) Ordinance No. 271 Page 22 17.44.090 Appeals A. Authority to Appeal 1. All actions and decisions of the director of community development, authorized by this Chapter, 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. 2. All actions of the planning commission authorized by this 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. B. Time Limit 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 ten (10) business 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 community development. The city council review of the planning commission and the director of community development actions are subject to the following 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 any individual city councilmember within ten (10) 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 project in the same form as reviewed by the planning commission and the review shall be conducted de novo. 3. A request for the city council to review the action(s) of the planning commission shall be subject to the same type of Ordinance No. 271 Page 23 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 provisions as determined by the city 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 Chapter. 17.44.100 Effect of change of zoning regulations. See Section 17.52.110. (Ord. 189 § 3 (8111 -9), 1994) Ordinance No. 271 Page 24 Chapter 17.60 AMENDMENTS TO 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. Major amendments are those which affect 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 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. Ordinance No. 271 Page 25 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 year. 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. Request by the owner(s) or the authorized agent of the owner(s) of the property by filing an application as provided by the community development department, planning division. 2. A change in the General Plan, a specific plan, zoning map or zoning ordinance may be recommended by a resolution of intent from the planning commission to the city council; or may be initiated directly by the city council by resolution of intent. 3. A change in the General Plan, a specific plan, zoning map or zoning ordinance may be initiated by request to the city council by the director of community development. 17.60.040 Applications required. A. All applications to amend the General Plan, an adopted Specific Plan, the zoning map or zoning code must be filed with the city on forms and in substantial compliance with administrative procedures provided by the 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. Textual 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. 189 § 3 (8115 -0), 1994) Ordinance No. 271 Page 26 B. Study of Additional Area. The director of community development, upon review of an application or resolution of intention for an amendment to the General Plan, any specific plan or zoning map may elect to include a larger 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 all major and minor general plan amendments and specific plan amendments. 17.60.070 Planning 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 any proposed amendment, based upon the findings contained in Section 17.60.100. 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 City 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 17.60.100. 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 as defined herein, 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 zoning ordinance Ordinance No. 271 Page 27 amendment may be denied with prejudice as defined herein, on the grounds that two (2) or more similar applications for substantially the same 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 city council, upon being presented with good cause, may permit an applicant to apply for a change on the same property within eighteen (18) months. (Ord. 189 § 3 (8115 -3), 1994) 17.60.100 Findings. A. Findings for Amendments. An amendment may be approved only if all the following findings are made, as applicable to the type of development. 1. Findings required for all 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 affect surrounding properties. 2. Additional Finding for Zoning Map Amendments. The site is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land use /developments. Ordinance No. 271 Page 28 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) ss. I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 271 was adopted by the City Council of the City of Moorpark at a meeting held on the 20th day of June, 2001, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Wozniak, and Mayor Hunter NOES: None ABSENT: Councilmember Harper ABSTAIN: None WITNESS my hand and the official seal of said City this 21s' day of June, 2001. SC �— ' Deborah S. Traffenst , City Clerk (seal)