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Home My WebLink AboutAG RPTS 1985 0912 PC REGf MOORPARK ALBERT PRIETO STEVEN KUENY Mayor City Manager JAMES D. WEAK CHERYL J. KANE Mayor Pro Tern City Attorney THOMAS C. FERGUSON NIALL FRITZ Councilmember Director of DANNY A. WOOLARD Community Councilmember Development LETA YANCY - SUTTON R. DENNIS DELZEIT Councilmember City Engineer DORIS D. BANKUS JOHN V. GILLESPIE City Clerk Chief of Police JOHN C. GEDNEY - A G E N D A City Treasurer PLANNING COMMISSION Thursday, September 12, 1985 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENTS — 3 minutes per speaker. 5. CONSENT CALENDAR A. Tentative Tract No TR -4037, Residential Planned Development° No. RPD -1044 Approval of Resolution No. PC -85- ( Request approval of 16.84 acre single family subdivision containing 66 lots and a companion Residential Planned Development. 6. PUBLIC HEARING: A. Tentative Tract No. TR- 4069(Carlsberg)- Applicant request approval of a single lot subdivision containing 4.6 acres. Site location is southeast and adjacent to intersection of Moorpark Road and Peach Hill Rd. CONTINUED FROM August 29, 1985 B. Development Plan Permit No. DP -316 (Murray Siegel) Applicant is requesting approval to construct a 19,813 square foot industrial building to include 17,135 square feet of manufacturing warehouse area and 2,678 square feet of office space. No specific tentant has been identified. Located on the northwest corner of Commerce Avenue. Continued from August 29 1985 799 Moorpark Avenue Moorpark, California 93021 (805) 529.6864 IU II •I . • MOORPARK ALBERT PRIETO STEVEN KUENY Mayor vPPµ ca, City Manager JAMES D. WEAK o i1 ,v CHERYL J. KANE Mayor Pro Tern a°�/� City Attorney -THOMAS SON —— 040% At NIALL FRITZ Councilmember W. `\i7 Director of DANNY A. WOOLARD o �V ` a Community Councilmember 9`�—" Development LETA YANCY-SUTTON 9oToc ,v R. DENNIS DELZEIT Councilmember City Engineer DORIS D. BANKUS JOHN V. GILLESPIE City Clerk Chief of Police JOHN C. GEDNEY City Treasurer MEORANDUM TO: The Planning Commission FROM: Dick Morton, Interim Director of Community Developmenm DATE: September 12, 1985 SUBJECT: APPEAL PERIOD OF PLANNING COMMISSION ACTIONS BACKGROUND: During the past several months the Council has discussed the issue of what matters should receive final approval by the Planning Commission, and the time period for appeal, and what matters should be forwarded to the Council for a decision. Also under discussion at the same time was the matter of establishing guidelines for screening requests for General Plan Amendments. At it' s June 17th meeting the Council adopted the G.P.A. screening guidelines. At a previous meeting the Council tabled further discussion regarding decision making resolutions until the ordinance extending the appeal period to 15 days was presented. Said ordinance is attached for your consideration. RECOMMENDATION: Adopt the attached resolution. /crl 799 Moorpark Avenue Moorpark, California 93021 (805)529-6864 RESOLUTION NO. PC-85- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF SAID CITY THAT CERTAIN SECTIONS OF ARTICLES 43 AND 44 OF CHAPTER 1 ( ZONING) OF DIVISION 8 (PLANNING AND DEVELOPMENT) OF THE VENTURA COUNTY ORDINANCE CODE, ADOPTED BY THE MOORPARK CITY COUNCIL ON SEPTEMBER 21 , 1983 , BE AMENDED TO PROVIDE FOR A 15-DAY INSTEAD OF A 10-DAY APPEAL PERIOD OF PLANNING COMMISSION AND/OR PLANNING DIRECTOR DECISIONS. WHEREAS, the City Council of the City of Moorpark directed that consideration be given to changing the appeal period of Planning Commission and/or Planning Director decisions from ten ( 10 ) days to fifteen ( 15) days; and WHEREAS, on September 12 , 1985, the Planning Commission held a public hearing to consider such amendment; NOW, THEREFORE, the Planning Commission of said City does hereby recommend to the City Council that Sections 8163-4-1. 3 , of Article 43, of Chapter 1 (Zoning) of Division 8 (Planning and Devel- opment) of the Ventura County Ordinance Code, as adopted by the City of Moorpark on September 21, 1983; and Sections 8164. 13. 2, 8164-13 . 2. 1, and 8164-13. 2. 2 of Article 44 of said chapter 1 of Division 8 of said Ventura County Ordinance Code, be amended to provide a 15-day appeal period instead of a 10-day appeal period of decisions of the Planning Commission and/or the Planning Director, as set forth in the attached Ordinance designated as EXHIBIT A; and BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to the City Council of the City of Moorpark; and BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately. PASSED AND ADOPTED this 12 day of September, 1985 . ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING CHAPTERS 43 AND 44 OF CHAPTER 1 (ZONING) OF DIVISION 8 (PLANNING AND DEVELOPMENT) OF THE VENTURA COUNTY ORDINANCE CODE, ADOPTED BY THE MOORPARK CITY COUNCIL ON SEPTEMBER 21, 1983, IN VARIOUS PARTICULARS TO PROVIDE FOR A 15-DAY INSTEAD OF A10-DAY APPEAL PERIOD OF DECISIONS OF THE PLANNING COMMISSION AND/OR PLANNING DIRECTOR OF SAID CITY. WHEREAS, the City Council of the City of Moorpark directed that consideration be given to changing the appeal period of Planning Commission and/or Planning Director decisions from ten (10) days to fifteen (15) days; and WHEREAS, on September 12, 1985, the Planning Commission of said City held a public hearing to consider such amendment; and WHEREAS, by its Resolution No. PC-85- , adopted September 12, 1985, the Planning Commission recommended that Chapters 43 and 44 of Chapter 1 (zoning) of Division 8 (Planning and development) of the Ventura County Ordinance Code, adopted on September 21, 1983, be amended in various particulars to provide for a 15-day instead of a 10-day appeal period of decisions of the Planning Commission and/or Planning Director of said City; and WHEREAS, the City Council of said City has held a duly noticed public hearing regarding such recommended Code amendment, has considered any and all testimony offered at said public hearing, and has reached its decision: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 8163-4.1.3 of Chapter 1 of Division 8 of the Ventura County Ordinance Code, adopted by the Moorpark City Council on September 21, 1983, be amended to read as follows: "Sec. 8163-4.1.3 - Appeals - An appeal concerning any order, requirement, permit, determination, or decision made in the administration or enforcement of this Chapter may be filed by an aggrieved party within fiften (15) calendar days after the decision is rendered, or the following work day of the fifteen (15) day falls on a weekend or holiday. Appeals included within this Section 8163-4.1.3 are appeals where it is alleged by the appellant that the Planning Director erred in refusing to accept or process an application for failure to pay outstanding fees and charges under Sections 8163-4.2, 8164-3, 8165-0 and 8220. In hearing and deciding such an appeal of the Planning Director's refusal, the Planning Commission shall consider the correctness of the amount of the outstanding debt or charge and whether the debt or charge is owned by the appellant, if such issues are raised by the appellant. -1- . • "Unless otherwise provided in this Chapter, an appeal shall be handled in the same manner as other discretional application - requests set forth in this Article and in accordance with the following:" SECTION 2. That Section 8164-13.2 of said Chapter 1, Division 8 of said Ventura County Ordinance Code be amended to read as follows: "Sec. 8164-13.2 - Adoption Recommendation Only - In all cases of proposed zone changes and amendments initiated by a verified application, the Commission shall forward to the City Council by resolution those applications for which the Commission recomends the adoption of an ordinance by the City Council. In case of applications which the Commission has denied and for which it does not recommend the adoption of an ordinance, the application shall not be forwarded to the City Council, and the action of the Planning Commission shall become final upon the expiration of fifteen (15) days following such denial, unless:" SECTION 3. That Section 8164-13.2.1 of said Chapter 1, Division 8 of said Ventura County Ordinance Code be amended to read as follows: "Sec. 8164-13-2.1 - An aggrieved party files within fifteen (15) calendar days after such denial a written appeal application with the Planning Commission, requesting that the matter be forwarded to the City Council for further consideration. Such an appeal application shall not be accepted unless it contains all information, data and papers prescribed by the forms supplied by the Planning Department;" SECTION 4. That Section 8164-13-2.2 of said Chapter 1, Division 8 of said Ventura County Ordinance Code be amended to read as follows: "Sec. 8164-13-2.2 - The party filing such application submits a filing fee as specified by the City of Moorpark; provided, however, that no filing fee shall be submitted with an applica- tion filed on behalf of the City of Moorpark. "Upon receipt of the proper application and fee within fifteen (15) days after a denial, the Planning Commission shall forward to the City Council, within thirty (30) days, the resolution denying the application, and all reports relating thereto. Upon receipt of such resolution and reports, the City Clerk shall set the matter for public hearing in the manner set forth in Section 8164-15." SECTION 5. That this ordinance shall take effect thirty (30) days after its passage and adoption. SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the -2 - proceedings of the City Council at which the 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 News, a weekly newspaper of general ciruclation, 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 , 1985. Mayor of the City of Moorpark, California ATTEST: City Clerk (SEAL) -3- AGENDA - PLANNING COMMISSION Pg. 2 - September 12, 1985 6. (cont.) C. Development Plan Permit No. DP -317 (Murray Siegel) Applicant is requesting approval to construct a 53,182 square foot industrial building to include 47,542 square feet of manufacturing warehouse area and 5,100 square feet of office space. No specific tenant has been identified. Located at the northeast corner of Commerce and Poindexter Avenue. D. Development Plan No.DP -318 (Kavlico)- Request amendment to the Land -Use Element from ( "R -H" Residential Rural High) to I -1 (Light Industrial), Revision of the existing zoning designation from "R -E -1 AC (Rural Exclusive, one acre minimum lot size) to "M -1" (Industrial Park), a two lot subdivision creating lots 26.08 and 29.93 acres and a 130,228 square foot industrial building. E. Planned Development No. PD- 1046 - Tentative Tract No. TR -4095 Request approval of a 30 unit Condominium complex and a Tract Map for a one -lot subdivision located at the southeast corner of Moorpark Road and Charles Street. F. Development Plan No. DP -335 (Norman Baker) Applicant is requesting approval to place a temporary modular building of 1,080 square feet (area to be used as an equipment rental yard). Located along the North side of Los Angeles Avenue between Gabbert Road and Goldman Avenue. G. Minor Modification PD -85.1 (U.S Condominium) Presentation by Interim Director of Community Development. H. Preliminary Draft on the Housing Element (Frank Wein) Discussion and application of transmittal of State Housing - Community Development 7. INFORMATIONAL A. City Council Actions re: PD -1010 (Palmer) TR- 3525/TR -3019 (Warmington) B. Notice of Award of Contract for correction of sewer system infiltration. C. Appeal Period of Planning Commission Actions 8. COMMISSION COMMENTS AGENDA - PLANNING COMMISSION to� Pg. 3 - September 12, 1985 9. STAFF COMMENTS A. Report concerning Areas of Contribution B. City Engineer- Background information of Development Projects. 10. ADJOURNMENT