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Home My WebLink AboutRES 1999 381 0809RESOLUTION NO. PC- 99 -381 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF MOORPARK, ADOPT ZONING CODE AMENDMENT 99 -08 TO AMEND CHAPTER 17.44, ENTITLEMENT- PROCESS AND PROCEDURES, TO ESTABLISH PROVISIONS FOR DOWNTOWN SPECIFIC PLAN DISCRETIONARY PERMITS, AMEND NOTICE REQUIREMENTS RELATED TO SAID PERMITS, ESTABLISH APPEALS OF SAID PERMITS, AND ESTABLISH FEE GUIDELINES FOR SUCH PERMITS WHEREAS, the City Council of the City of Moorpark having received a report from the Affordable Housing /Community Development Committee recommending that the City Council consider a change to Title 17 of the Municipal Code of the City of Moorpark to establish provisions for downtown specific plan discretionary permits, amend notice requirements related to said permits, establish appeals of said permits, and establish fee guidelines for such permits determined that said amendment should be studied by the Planning Commission and a recommendation for said amendment submitted by the Planning Commission for subsequent City Council public hearing and consideration, the City Council through Resolution 99 -1606 referred said request to the Planning Commission. 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 to consider Zone Code Amendment 99 -08 on August 9, 1999. WHEREAS, at its public hearings the Planning Commission took testimony from all those wishing to testify on the project, closed the public hearing on the project on August 9, 1999; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon the information and testimony presented to the Planning Commission, including but not limited to, staff reports and staff and public testimony, the Planning Commission hereby makes the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: 1. That an environmental analysis of the project was considered for Zoning Code Amendment 99 -08 and it has been determined that in compliance with CEQA (Division 13 of the Planning Commission Resolution No. PC -99 -381 Page 2 Public Resources Code of the State of California)and the City's CEQA Procedures, the project is exempt. ZONE CODE AMENDMENT FINDINGS: 3. The approval of Zone Code Amendment No. 99 -08 is consistent with the City's General Plan AND Zoning Code. 4. Adoption of Zoning Code Amendment 99 -08 provides for a process and procedure for the review and consideration of discretionary permits within the Downtown Specific Plan Area, necessary to implement portions of the Downtown Specific Plan economic development strategies. 5. Zoning Code Amendment 99 -08 provides flexibility in the administration and control of entitlement reviews within the Downtown Specific Plan to provide incentives for the rejuvenation of properties within the Downtown area. SECTION 2. The Planning Commission hereby recommends that the City Council adopt an ordinance to amend the City Zoning Code by amending Chapter 17.44 to provide language related to discretionary / permits within the Downtown Specific Plan area as shown within Exhibit A attached to this resolution, and incorporated by reference. THE ACTION WITH THE FOREGOING DIRECTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES: Commissioners Haller, Parvin, Otto, Landis, DiCecco NAYES: PASSED AND ADOPTED THIS 9TH T)AV nF ATTCSTT.9T _ l 999 ATTEST: Celia LaFleur, Secretary Attachment: Exhibit A: Recommended Code Amendments to Chapter 17.44 PLANNING COMMISSION RECOMMEND CODE ADZMDMENT- DISCRZTXONAM PERMITS WITHIN THE DOWNTOWN SPECIFIC PLAN AREA 17.44.030 ENTITLEMENT. Subsection A. is amended as follows: A. Discretionary Permits. 1. Types of Discretionary Permits _q.(Added)DOwntown Specific Plan Discretionary Permits. Discretionary permits within the boundaries of the Downtown Specific Plan that may be required 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 subiect to the review and approval of the community development director. Notice and hearing shall be given in the same manner as that reouired for an Administrative Permit as set forth in Section 17.44.030.A.1.d. The director's decision is subiect to an appeal period which shall end ten (10) days after the director's decision. is rendered pursuant to Section 17.44.060. Plans similar in content and information to those typically required for a commercial planned development permit shall be prepared and submitted as a portion of the application for all discretionary permits within the Downtown Specific Plan area as established by this section. 17.44.040. Filing and processing of application requests. Subsection I is amended as follows: I. 1. Fees. (Amended) Add to the end of the section the following wording: F �3- -�L�, 3�FSS�'.i�F�l�l7�F�CF •4'L- T --I<i8 rq �1��i3•r- -S!1!1 �= 1t1 =1•! ll�ia =1•t S�i•2.S•)1t•2. • . • cf. 17.44.050 Notice and hearing procedure. Subsection A. is amended as follows: A. Notice. 3. d. (Amended). The owners of real property situated within a radius of one thousand (11000) feet, with exception of discretionary permits identified by Section 17.44.030.A.I. . within the Downtown Specific Plan area, or a variance requests associated with one (1) single- family residential dwelling unit, each of which shall have a distance requirement of three - hundred (300) feet of the exterior boundaries of the assessor's parcel(s) which is the subject of the application. Names and addresses shall be obtained by the applicant from the latest equalized assessment roll. If the number of owners exceeds one thousand (1,000), a one - eighth page advertisement published at least ten (10) days prior to the hearing in a newspaper of general circulation may be substituted for the direct mailing. 17.44.090 Appeals. Subsections A and C are amended as follows: A. General. Unless otherwise prescribed by law. an application for an appeal concerning any order, requirement, permit or decision made in the administration of this title may be filed by an aggrieved party within „�i{E', (; &Q fifteen 115)days after the alleged decision- making error, or on the following work day if the ik.k4# fifteenth day falls on a weekend or holiday. Applications referenced within Section 17.44.030.A.1.e shall be subject to a ten (10) day EXHIBIT A Downtown Discretionary Permits PC Recommendation - 8/9/99 Page 2 appeal period. Approval of a Zone Clearance or other ministerial approvals are not appealable other than by the applicant of the ministerial approval. Included within this section are appeals of the director of community development's refusal to accept or process an application until the applicant paid all outstanding fees and charges in accordance with subsections A,(1)(1) and (I)(3) of Section 17.44.040. Decisions made regarding enforcement report, which are not a part of this title, are not appealable. In hearing and deciding such an appeal of the director of community development'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 owed by the appellant, if such issues are raised by the appellant. C. Appeal Period. The appeal period for appeals to city decision- making authorities shall end sixteen fifteen days. or in the case of permits referenced by Section 17.44.030.A.1.e ten (10) days. after the decision being appealed is rendered pursuant to Section 17.44.060, or on the following work day if the fi°`L,'' last day of the appeal period falls on a woekd4, weekend day or holiday.