HomeMy WebLinkAboutRES 2001 402 0226r~ X"
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
r-
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.
ATTEST:
Celia LaFleur'
Administrative Secretary
' ice Parvin, Chairperson
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Resolution No. PC- 2001 -402
Page 3
Attachments:
Exhibit A.
Exhibit B.
Zoning Ordinance Amendment, Chapter 17.44
Zoning Ordinance Amendment, Chapter 17.60
M:\ CLafleur \M\PC- resos\2001resos\2001 -402 ZOA2001 -02 reso Chapters 17.44 and 17.60.doc
Sections:
17.60.010
17.60.020
17.60.030
17.60.040
17.60.050
17.60.060
17.60.070
17.60.080
17.60.090
17.60.100
Chapter 17.60
TO THIS GENERAL PLAN, SPECIFIC PLANS, ZONING
MAP AND ZONING CODE
Purpose.
Amendments
Amendment Initiation
Applications Required
Hearing and Notice Requirements.
Approving Body
Commission Action on Amendments.
Council Action
Reapplication.
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 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
on Amendments.
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.
C. Technical Amendments.
Technical amendments are
changes to data base
information, statistical
materials, corrections to
errors
policy or
not alter
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.
s: \Community Development\ Everyone \Chapterl760CLcodestyle.dOCExhib it - B
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.
snap —x+ay Initiation 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 initiated by a resolution
of intent of the planning
commission; or may be
initiated directly by the
city council by resolution of
intent or minute order.
3. A change in the General
Plan, a specific plan, zoning
map or zoning ordinance may
be initiated by request to
the planning commission or
city council by the director
of community development.
4. A change in the text of
the General Plan, a specific
plan or zoning ordinance may
be initiated by action of the
director of community
development provided that
such amendments are
restricted to procedural
issues only.
17.60.040 Applications
or zoning code must be filed
on
forms and in substantial
iance with
as
Council
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)
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 ma
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
S: \Community Development\ Everyone\ Chapterl 760CLcodestyle.docExhibit -B 2
S: \Community Development \ Everyone\ Chapterl760CLcode style. docENhi.bi t - B 3
amendment request. The notice
amendment request based upon
and hearing requirements
the findings in section
shall be the same as those
17.60.070; provided that any
prescribed in Section
modification
17.44.050. (Ord. 189 § 3
(8115 -2), 1994)
A modification shall be
deemed "previously
17.60.060 Approving Body.
considered" if the
The City Council shall
modification of the proposed
approve all major and minor
ordinance or amendment by the
general plan amendments and
city council is based upon
specific plan amendments.
the issues and evidence
The Community Development
initially heard by the
Director shall approve all
planning commission.
technical amendments.
Technical amendments shall be
17.60.090 Reapplication.
approved, denied or modified
A General Plan amendment,
by the Community Development
specific plan amendment or
Director without benefit of
zoning map change may be
public hearing but shall be
denied with prejudice, in
placed upon the next
which event no further
available agenda consent
application shall be filed
calendar for concurrence by
affecting all or part of the
the City Council.
property for the ensuing
eighteen (18) months except
r
17.60.070 Commission Action
as otherwise specified at the
on Amendments.
time of denial. A gexig -mag
Following a public hearing,
ehaege amendment may be
the planning commission shall
denied with prejudice on the
make a written recommendation
grounds that two (2) or more
to the city council whether
similar applications for
to approve, approve in
substantially the same zea-inq
modified form, or disapprove
map changes have been denied
45-he any proposed amendment,
in the past two (2) years, or
based upon the findings
that other good cause exists
contained in Section
for limiting the filing of
17.60.070. Such
applications with respect to
recommendation shall include
the subject property. The
the reasons for the
planning commission, upon
recommendation and the
being presented with good
relationship of the proposed
cause, may permit an
ordinance or amendment to
applicant to apply for a
applicable general and
zoning -map change on the same
specific plans.
property within eighteen (18)
months. (Ord. 189 § 3 (8115-
17.60.080 Council Action on
3), 1994)
Amendments.
Following a public hearing,
17.60.100 Findings.
the city council may approve,
A. Findings for 3exing -Map
modify or disapprove any
er Zening Gede Amendments.
planning commission
An amendment `- the teiet _r
recommendation regarding an
this sening erd ----- er the
S: \Community Development \ Everyone\ Chapterl760CLcode style. docENhi.bi t - B 3
may be
approved only if all the
following findings are made,
as applicable to the type of
development.
1. Findings required for all
erd-inaeee 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
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\ Chapter176OCLcodeatyle .docExhibi t- B 4
Chapter 17.44
ENTITLEMENT -- PROCESS AND
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
conditionally approved, or
delay incident to the normal
!�
denied through a public
processing of an application
hearing process before the
would be detrimental to the
decision - making authority
applicant or the public, the
specified in Table 17.20.060.
director of community
The procedures for notice of
development may grant
the public hearing, conduct
additional ninety (90) day
of the hearing and receipt of
extensions to the temporary
testimony shall be as
special use permit. Temporary
specified in Section
use permits shall be
17.44.090. The application
considered discretionary
may be denied on the basis
permits and as such may be
that the applicant has not
conditioned so as to not be
met the applicable burden of
physically detrimental to the
proof required by subsections
health, safety, life or
A(2) through A(7) of Section
property of the applicant or
17.44.090.
the public.
Prior to approving,
Examples of temporary use
conditionally approving, or
permits include but are not
denying an application, the
limited to; special events
decision- making authority
such as Christmas tree sales,
shall make written findings
promotional parking lot
based upon substantial
sales, church carnivals,
evidence in view of the whole
country days and sidewalk
record to justify the
sales, provisions for uses
decision. With the exception
for a limited period of time
of projects initiated by a
consistent with the zoning
city agency or department and
district where located and
for conditional use permits
the temporary placement of
for alcoholic beverages, when
portable buildings and
the city council is the
structures.
decision - making authority,
These permits may be
the application shall first
reviewed by other affected
be reviewed by the planning
agencies prior to approval.
commission. When the planning
The purpose of the review is
commission is the decision-
to determine if such a
making authority, its
requested use is in any way a
decision to approve,
problem as it relates to the
conditionally approve, or
adjacent uses. A temporary
deny the application may be
use permit may be revoked by
appealed to the city council
the approving authority prior
pursuant to Section
to the expiration date based
17.44.090.
upon information that the
conditions have not been
c. Temporary Special Use
complied with, or other
Permit. (TUP)
justifiable reason as
The director of community
determined by the approving
development may authorize, by
authority.
zone clearance, a use or
structure for a temporary
d. Administrative Permit (AP).
(
period of time (not to exceed
An administrative permit is a
ninety (90) days) Where a
director of community
Exhibit - A
Page 2
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
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
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 (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
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
Exhibit - A
Page 4
processing the application
3. Additional Standards for A-
request that are due for
8 Zone.
payment have been paid, and
In addition to the
if all of the following
provisions of subsection A(2)
standards are met, or if such
of this section, before any
conditions and limitations,
permit is issued for any land
including time limits, as the
use which requires a
decision - making authority
conditional use permit in the
deems necessary, are imposed
A -E zone, the following
to allow the standards to be
standards shall be met or be
met. The applicant shall have
capable of being met with
the burden of proving to the
appropriate conditions and
satisfaction of the
limitations being placed on
appropriate decision - making
the use:
authority that the proposed
a. That the establishment
development:
or maintenance of this use
a. Is consistent with the
will not significantly
intent and provisions of the
reduce, restrict or adversely
city's general plan, and any
affect agricultural resources
applicable specific plan and
or the viability of
this title;
agricultural operations in
b. Is compatible with the
the area;
character of surrounding
b. That structures will be
development;
sited to minimize conflicts
c. Would not be obnoxious
with agriculture, and that.
or harmful, or impair the
other uses will not
utility of neighboring
significantly reduce,
property or uses;
restrict or adversely affect
d. Would not be detrimental
agricultural activities on-
to the public interest,
site or in the area, where
health, safety, convenience
applicable; and
or welfare; and
c. That the use will be
e. If a conditionally
sited to remove as little
permitted use, is compatible
land from agricultural
with existing and planned
production (or potential
land uses in the general area
agricultural production) as
where the development is to
possible.
be located.
f. Is compatible with the
4. Compliance with Other
scale, visual character and
Documents.
design of the of— surrounding
When necessary to ensure
properties, designed so as to
consistency with other city
enhance the physical and
planning documents such as,
visual quality of the
but not limited to, Specific
community, and the
plans, conditions which are
structure(s) have design
more restrictive than the
features which provide visual
standards of this title may
relief and separation between
be imposed on discretionary
land uses of conflicting
permits.
character.
Exhibit - A
Page 4
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.
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
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
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
Exhibit - A
Page 6
r
Ile—
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 8xception.
A request for a minor
exception from eeL-taln 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
J" I
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
adopted tam equalized
assessment roll of Ventura
County. An administrative
exception may be granted,
only in the following
situations:
a. To allow a decrease not
to exceed}sg 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
Exhibit - A
Page 7
Exhibit - A
Page 8
permit approved consistent
accompanied by the
with this code;
appropriate processing fees.
b. To allow a decrease not
to exceed4-xg ten percent
B. Existing Violations.
(10 %) in required parking
No application request for
aisle width or similar
an entitlement shall be
dimensional requirements;
accepted if a violation of
c. To allow walls, fences
the zoning ordinance,
or hedges to exceed the
subdivision ordinance or
height limit regulations by a
municipal code exists on the
maximum of one (1) foot in
lot, provided that the
setback areas, except in a
violation was a result of the
required sight triangle;
actions or inactions of the
d. To allow an increase not
applicant or his
to exceed4xxg ten percent
predecessor(s) in interest,
(10W) for maximum building
until the violation is
coverage, or sign area or
abated, unless the acceptance
sign height.
of the application is
e. To allow a five - percent
necessary to the abatement of
(5%) decrease in the required
the existing violation.
lot area for second units.
. (Ord. 234 §§ 3, 4, 1997;
C. Content of Applications.
Ord. 196 § 3 (part), 1994;
The content of applications
Ord. 189 § 3 (8111 -2), 1994)
shall be determined by the
planning division. Site plans
.-.
17.44.040 Filing and
and elevations (in color,
processing of application
with building materials
requests.
identified), sample floor
A. Submission of Applications.
plans and samples of exterior
An application for a permit
finishing materials may be
or variance may be filed by
required as part of the
the owner of the property or
permit procedure. If the
his /her authorized agent, a
project is proposed to be
lessee who holds a lease
developed in phases, the
whose terms permit the use
sequence of such phases shall
applied for, or by any duly
also be shown.
constituted government
authority or agent thereof.
D. Completeness of
Such application requests
application.
shall be filed with the
Net lateL- than th!Fty (39)
department of community
calc� -a daL- days -" -- the
development. No application
request shall be accepted for
aeeepted an - -Beat .._ ••-de-
filing and processing unless
this title, The applicant
it conforms to the
shall be notified in writing
requirements of this title,
as to whether the application
contains in a full, true and
is complete or incomplete, no
correct form the required
later than thirty calendar
materials and information
days after the planning
prescribed by the forms
division has accepted an
t
supplied by the department of
application under this title,
community development and is
except in the case of zone
Exhibit - A
Page 8
Exhibit - A
Page 9
changes and General Plan
districts which are involved
Amendments, which are
in the review and
legislative acts and thus are
conditioning of projects.
not subject to the thirty
1. Consultant Review. City
(30) day limit. If the
staff may refer any
application is determined to
application request to an
be incomplete, the applicant
independent, qualified
shall be notified in writing
consultant for review and
of the reasons for such
evaluation of issues beyond
determination and of the
the expertise or staffing
information needed to make
capabilities of the city. The
the application complete.
costs for all such consultant
1. Review of Supplemental
work tegether combined with
Information. If an
the administrative charge in
application is deemed
effect at the time for
incomplete and the applicant
management of the consultant
subsequently submits the
contract shall be borne by
required information, a new
the applicant and are
thirty (30) day review period
independent of the fees paid
begins on the day that the
to the planning division for
supplemental information is
the processing of the
submitted.
application request.
2. Termination of
2. Securities. Except as
Incomplete Application. Upon
otherwise specified in this
written notification to the
title, the decision - making
applicant, processing of an
authority may impose a penal
incomplete application may be
and /or performance security
terminated if no reasonable
on any discretionary
effort has been made by the
entitlement as a condition of
applicant to complete the
such entitlement. The
application for a period of
security(s) shall be filed in
ninety (90) days from the
a form acceptable to the city
date of notification of
attorney and certified by the
incompleteness. All unused
city clerk.
fees shall be refunded to the
a. The required amount of
applicant. An extension to
the security(s) may be
this ninety (90) day period
increased periodically by the
may be granted by the
director of community
director of community
development in order to
development upon written
compensate for inflation
request by the applicant
(based on the applicable
showing good cause.
regional Consumer Price
Index) or other factors, so
E. Review and Conditioning of
that the same relative value
Applications.
of the security is maintained
Applications and proposed
over the life of the permit,
uses shall be reviewed to
and to assure that
determine the appropriate
performance securities
environmental document, and,
continue to reflect the
by various city departments
actual anticipated costs for
f as
well as interested parties
completing a required task.
such as cities and special
No security shall be released
Exhibit - A
Page 9
until after all of the
D.O.G. immediately when such
(^
applicable conditions of the
wells are encountered in site
permit have been met.
preparation or construction.
b. In the event of any
Applicants shall bear the
failure by the permittee to
cost of re- abandonment if
perform or comply with any
required prior to project
term or condition of a
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
is found to be over or near
permittee and after a public
any such well(s).
hearing, determine by
resolution the amount of the
F. Nullification.
penalty, and declare all or
Zoning clearances and all
part of the security
licenses issued therefrom,
forfeited. The sureties and
and all other entitlement,
principal will be jointly and
shall become null and void
severally obligated to pay
if:
forthwith the full amount of
1. The application request
the forfeiture to the city.
which was submitted was not
The forfeiture of any
in full, true and correct
security shall not insulate
form.
the permittee from liability
2. The entitlement issued
in excess of the sum of the
does not comply with the
security for damages or
terms and conditions of the
P.
injury, nor from expense or
permit originally granting
liability suffered by the
the use under this title.
city from any breach by the
3. The entitlement was
permittee of any term or
issued erroneously.
condition of the permit or of
any applicable ordinance or
G. Vesting of Rights.
of the security.
No person obtains any right
c. The permittee shall
or privilege to use land or
maintain the minimum
structures for any purpose or
specified amount of a penal
in any manner described in an
security throughout the life
application merely by virtue
of the entitlement. Within
of the city's acceptance of
thirty (30) days of any
an application or approval of
forfeiture of a penal
the subject request.
security, the permittee shall
restore the security to the
H. Amendments to this Title.
required level.
An application to amend this
3. Abandoned Oil /Gas Wells.
title shall be proposed in
All projects will be reviewed
accordance with Chapter
for location over or near any
17.60.
abandoned or idle- deserted
oil or gas well, based on
I.1. Fees.
maps provided by the State of
Each application request for
California Division of oil
any purpose subject to the
and Gas (D.O.G.). In
regulations of this title,
(`
addition, project applicants
except appeals, shall be
shall notify the city and
accompanied by payment of all
Exhibit - A
Page 10
outstanding fees and charges
commenced, prior to the
billed by and owed to the
granting of the required
city by 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 owner 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
r 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 ems}
days of the date of any
effieer, empl_y__ 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 (5%)
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
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
property situated within a
6. At least eleven (11)
radius of three hundred
days prior to the date of the
(300') feet, with the
hearing, the applicant shall
exception of discretionary
post on the property a notice
permits identified by Section
of public hearing. The notice
17.44.030.A.1.e within the
shall be posted in accordance
Downtown Specific Plan area,
with the provisions contained
or a variance request
within Chapter 17.68.
associated with one (1)
single- family residential
B. Hearing Procedures.
dwelling unit, each of which
The decision - making
shall have a distance
authority(s) shall hold at
requirement of three hundred
least one (1) public hearing
(300) feet of the exterior
on any duly filed application
boundaries of the assessor's
that requires a discretionary
parcel(s) which is the
decision. Such hearings shall
subject of the application.
be conducted in such a manner
Names and addresses shall be
as to allow the applicant and
obtained by the applicant
all other interested parties
from the latest equalized
to be heard and present their
assessment roll. If the
positions on the case in
number of owners exceeds one
question, and shall have a
thousand (1,000), a one-
record of the decision kept,
eighth (1/8) page display
along with the findings made
advertisement published at
which supported the decision.
�.
least ten (10) days prior to
Administrative hearings shall
the hearing in a newspaper of
be conducted by the director
general circulation within
of community development or
the jurisdiction of the city
designee as specified in
may be substituted for the
Section 17.44.030.A.1.d. and
direct mailing.
are subject to the notice
e. All parts of this code
provisions of that section.
relating to public hearing
notices shall be adhered to.
C. Referrals.
4. Notification shall also
A decision- making authority
be mailed or delivered, at
may refer a matter back to
least ten (10) days prior to
the preceding hearing body
the hearing, to any person
for further report,
who has filed a written
information or study.
request for such notice with
the director of community
D. Continued Matters.
development.
If it is necessary to
5. In the case of appeal
continue the hearing or
hearings, notice shall also
decision on any matter before
be provided to the appellant
the decision - making
and, if applicable, to the
authority, the person
city official, city council
presiding at the hearing
member, department, board or
shall publicly announce the
commission whose order,
date, time and place certain
requirement, permit, decision
to which the matter will be
or determination is the
continued. Except for the
subject of the appeal.
posting of a notice of
Exhibit - A
Page 13
continued public hearing in a
of new policies; or
(�
public place, no further
d. May be precedent -
notice need be given. (Ord.
setting; or
189 § 3 (8111 -4), 1994)
e. Should be deferred for
any other cause deemed
17.44.060 Decisions.
justifiable by the director
The applicant shall
of community development.
receive notice of the final
2. The planning commission
decision - making authority's
may defer a decision on an
shat render its decision
entitlement to the city
either by the adoption of a
council in cases where two
resolution (for applications
(2) entitlements regarding
decided in a public hearing)
the same property or site are
or by the issuance of a
being processed concurrently,
determination letter (for
and the city council is the
applications decided
decision- making authority for
administratively by the
one (1) of the entitlements.
director of community
development or designee). A
B. Decision Options.
resolution or determination
The decision - making
letter rendering a decision
authority hearing a
on an application request
discretionary matter may
shall recite such conditions
approve, conditionally
and limitations deemed
approve, deny or modify,
necessary by the decision-
wholly or partly, the request
making authority. The
being reviewed. The authority
applicant shall be furnished
may impose such conditions
such decision by U.S. Mail.
and limitations as it deems
necessary to assure that the
A. Deferral of Decisions on
general purpose and intent of
Applications.
this title and its various
1. The director of
chapters will be observed,
community development may
and that the public interest,
defer any decision on a
health, safety, convenience
planned development permit or
and welfare will be served.
conditional use permit
In the absence of any
application (including
provision to the contrary in
modification) to the planning
a decision granting a
commission at any time within
request, said request is
thirty (30) days after the
granted as set forth in the
close of the administrative
application. All conditions
hearing if the project:
and restrictions applied to a
a. May result in
decision on an application
significant adverse
request not appealed shall
environmental impacts which
automatically continue to
cannot be mitigated to
govern and limit the subject
insignificant levels; or
use or structure unless the
b. Involves significant
action of the decision- making
public controversy; or
authority clearly indicates
c. Is in conflict with city
otherwise.
policies, or would
necessitate the establishment
Exhibit - A
Page 14
Exhibit - A
Page 15
C. Notice of Decision.
the consideration of the
Not later than thirty (30)
appeal.
calendar days following the
effective date of a decision,
F. Implementation.
the planning division shall
The director of community
development shall be
responsible for preparing the
mailed a copy of the decision
resolutions or letters
to the applicant or appellant
mentioned in this chapter and
in resolution or letter form,
any other paper or document
in care of the address
required by the planning
appearing on the application
commission or the city
or such other address
council in order to discharge
designated in writing by the
their duties and
applicant or appellant. In
responsibilities under this
addition, the authority
chapter and title. It shall
and /or agency whose decision
be the responsibility of the
is the subject of an appeal
permittee to ensure that all
shall also be notified of the
conditions placed on a permit
decision.
are met. No permits or
Zoning Clearances may be
D. Effective Date of
approved or issued by the
Decisions.
p_- _ -__- -_ ____ -____ by this
1. An administrative
title need be ' •ed until
decision or a decision of the
all conditions required to be
planning commission is
completed preed____ prior to
effective at the expiration
their issuance are eeffiplete
of the decisions appeal
satisfied.
period unless an appeal, in
proper form and addressed to
G. Expiration.
the appropriate decision-
Unless otherwise specified
making authority, is filed
in this title or in the
with the director of
permit conditions, any permit
community development prior
hereafter granted that
to the expiration of the
requires a zoning clearance
appeal period.
becomes null and void if a
2. A decision of the city
zoning clearance is not
council is effective on the
obtained by the permittee
date it is rendered.
within the time specified in
such permit. If no date is
E. Effect of an Appeal.
specified, the permit shall
Neither the applicant nor
expire one (1) year from the
any enforcement agency may
date of issuance unless a
rely on an authority's
zoning clearance has been
decision until the expiration
issued. After expiration of a
of the decision's appeal
permit, the property affected
period or until the appeal
thereby shall be subject to
has been resolved, whichever
the regulations of the
occurs later. See also
applicable zone
Section 17.44.090. Actions
classification and all other
by the decision making
provisions of this title. The
authority are stayed pending
permittee is solely
Exhibit - A
Page 15
responsible for the timely
fundamental change in land
r�
renewal of a permit; the city
use relative to the permit,
has no obligation to notify
would not have a substantial
the permittee of the imminent
adverse impact on surrounding
expiration of the permit.
properties, and would not
(Ord.. 189 § 3 (8111 -5),
change any findings contained
1994)
in the environmental document
prepared for the permit,
17.44.070 Reapplication.
shall be deemed a minor
An application request may
modification and may be acted
be denied with prejudice on
upon by the director of
the grounds that two (2) or
community development or
more similar application
designee through an
requests have been denied in
administrative hearing
the past two (2) years, or
process as provided for in
that other good cause exists
Section 17.44.030.A.1.d.
for limiting the filing of
applications with respect to
3. Major Modification.
the property. If such denial
Any proposed modification
becomes effective, no further
which is considered to be a
application for the request
substantial change in land
shall be filed in whole or in
use relative to the original
part for the ensuing eighteen
permit, and /or would alter
(18) months except as
the findings contained in the
otherwise specified at the
environmental document
time of the denial, or unless
prepared for the permit,
there is a substantial change
shall be deemed a major
in the application. (Ord. 189
modification and be acted
§ 3 (8111 -6), 1994)
upon by the decision - making
authority which approved the
17.44.080 Modification,
original permit.
suspension and revocation.
A. Modification of Permits.
4. Permit Adjustment.
An application for
Any change which would not
modification of a permit or
alter any of the findings
variance pursuant to this
pursuant to this title, nor
section may be filed by any
any findings contained in the
person or entity listed in
environmental document
Section 17.44.040A. Any
prepared for the permit, and
change of an approved
would not have any adverse
discretionary permit is also
impact on surrounding
a discretionary decision and
properties, may be deemed a
is considered to fall into
permit adjustment and acted
one (1) of the following
upon by the director of
three (3) categories:
community development or
1. Reserved.
designee without a hearing.
2. Minor Modification.
There shall be no more than
Any proposed change that
one (1) approved permit
exceeds the criteria of a
adjustment per calendar year.
site plan adjustment, but is
Such changes include, but are
not extensive enough to be
not limited to, the
considered a substantial or
following:
Exhibit - A
Page 16
r
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. 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 following 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;
c. 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 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
Exhibit - A
Page 17
subsequent cause for
administration of this title
revocation or suspension of
may be filed by an aggrieved
the use.
party, 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
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 § 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
director of community
D. Hearing and Notice.
development's refusal to
Upon receipt of a complete
accept an application for the
appeal application form, the
reasons cited herein, the
planning division shall
planning commission shall
establish a date, time and
consider the correctness of
place for the hearing not to
the amount of the outstanding
exceed 90 days from the date
debt or charge and whether
of the filing of a complete
the debt or charge is owed by
application for appeal.
the appellant, if such issues
Notice shall be given in the
are raised by the appellant.
same manner as required for
the original request, and
B. Hearing Body.
shall also be given to the
All appeals shall be filed
applicant and appellant, as
with the community
the case may be.
development department and be
1. The director of
addressed to the decision-
community development shall
making authority hearing the
deliver all pertinent
appeal. The appropriate
information relating to the
decision - making authorities,
matter on appeal to the
unless otherwise stipulated
authority hearing the appeal
in this chapter, are as
prior to the date of the
follows:
hearing, unless otherwise
1. Appeals of
directed by that authority.
administrative decisions (by
2. A matter on appeal may
the director of community
be referred back to the
development or designee)
preceding decision - making
shall be heard by the
authority for further report,
planning commission.
information or study.
2. Appeals of planning
3. Whenever a matter on
commission decisions shall be
appeal has been referred back
heard by the city council.
to the preceding decision -
3. Appeals relating solely
making authority, said
to requests under this
authority shall respond
chapter for waivers or
within thirty (30) calendar
modifications of policies of
days following the date of
the city council need be
such referral, unless
heard only by the city
otherwise specified by the
council.
decision- making authority
making the referral.
C. Appeal Period.
4. Hearings on multiple
The appeal period for
appeals may be consolidated.
appeals to city decision -
making authorities shall end
E. Appellate Decision.
ten (10) days, after the
The decision - making
decision being appealed is
authority shall have the
rendered pursuant to Section
authority to consider the
17.44.060, or on the
entire application anew and
following workday if the last
either approve, deny, or
day of the appeal period
approve with modifications,
falls on a weekday or
the appeal request. (Ord. 189
holiday.
§ 3 (8111 -8), 1994)
Exhibit - A
Page 19
f 17.44.100 Effect of change of
zoning regulations.
See Section 17.52.110.
(Ord. 189 § 3 (8111 -9), 1994)
Exhibit - A
Page 20