HomeMy WebLinkAboutAGENDA REPORT 1989 1018 CC REG ITEM 08DELOISE BROWN
Mayor
BERNARDO M. PEREZ
Mayor Pro Tern
CLINT HARPER, Ph. D.
Councilmember
PAUL LAWRASON
Councilmember
SCOTT MONTGOMERY
Councilmember
RICHARD T. HARE
City Treasurer
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FROM:
MOORPARK STEM $'.D
STEVEN KUENY
City Manager
CHERYL J. KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
M E M O R A N D U M
The Honorable City Council.
Patrick J. Richards, Director of Community Development
DATE: October 6, 1989 (CC meeting, of October. 1.8, 1989)
SUBJECT: MINOR MODIFICATION PROCESS
B ack,ground
Since., mid 1986 City staff has been operating wader Council direction to
have all requests for minor modification passed before them prior to any
final. action being taken by staff. Section 8163 -4.4.1 of the Zoning Code
allows for approvals of minor modifications to a discretionary permit (such
as a Residential Planned Development) without a hearing.
This subject was brought before your Coi.inci l on September 20, 1989. At
issue at that time was the amount of time and expense associated with a
minor modification process to accomplish a .room add:it:i.on for the homeowner.
This report is being written to kee,, the Council informed of recent
discussions staff has had recently with the Planning Commission concerning
adoption of the current Ventura County Zoning Ordinance.
Discussion
The decision of the Council on September 20, 1989 . was to allow the Director
to approve such modifications for room additions to single family
residences "over the counter" as al.l.owcd fn Zoning Code. The Council also
directed staff to revise the existing Code and create a modi.ficati.on to the
it permit section ". This new section would have a. Purpose, General. Provisions
and Findings component.
Since the hearing of September 20, 1.989, staff has been discussing with the
Planning Commission the adoption of the latest County Zoning Code. The
current County Code more clearly defines the modification. process (see
attached).
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
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TO: The Honorable City Council
FROM: Patrick J. Richards, Director of Community Development
DATE: October 6, 1989 (CC meeting of October 18, 1989)
SUBJECT: MINOR MODIFICATION PROCESS
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Inasmuch as staff intends to recommend to the City Council adoption of the
present County Zoning Code with appropriate Planning Commission recommended
changes within the next few months, it is staff's opinion that a
modification to the City's current Zoning Code is not necessary at this
time
Recommended Action
That the Council direct staff to not make any amendments to the
modification section of the the City Zoning Code but to work on the
adoption of the County Zoning Code as an interim City code.
Attachments:
Section 81.63 -4.4.1 Moorpark Code
Section 8111 -7.1.2 et seq. County Code
MOORPARK, CALIFORNIA
City Council Misting
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Sec. 8163 -4.2.6 - Fees Prepaid - No application or appeal shall
be accepted for filing or shall be processed unless the applicant
complies with Section 8163 -4.2. (AM. ORD. 3598 - 5/-18/82)
® Sec. 8163 -4.2.7 - Penalty Fees - Where a use is inaugurated, or
construction to that end is commenced, without first obtaining
the required permit or variance, the fee for said permit or
variance shall be doubled. 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. In no
event shall such double fee exceed the application fee plus five
hundred dollars ($500.00). ADD. ORD. 2437 - 4/13171; AM. ORD.
3034 - 6/24/75)
Sections 8163 - 4.2.89 8163- 4.2.9, 8163- 4.3.9.1, 8163 - 4.2.9.2,
8163 - 4.3.9.3, 8163- 4.2.9.4, 8163- 4.3.10, 8163 - 4.2.10.1,
8163 - 4.2.10.2 are hereby deleted by ORD. 3034 - 6/24/75
Sec.-8163 -4.3 - Revealed by Ord. 3638 - 2/22/83
Sec. 8163 -4.4 - Processin -
(ADD.ORD. 363'9-2/22/83
Sec. 8163 -4.4.1 - All discretionary application requests shall be decided
after an administrative or public hearing has been held on the subject case
as required by this chapter, except that all minor modifications of
administrative permits whose approval would not result in a significant or
substantial adverse effect on neighboring property interests may be decided
with an administrative hearing. (ADD. ORD. 3638 - 2/22/83) -
Sec. 8163 -4.4.2 - Deferral of Discretionary Administrative Decisions - The
Planning Director may defer to the Planning Commission any administrative
® decision on a discretionary permit for one or more of the reasons listed
r below: (ADD. ORD. .3638-2/-22/83) _
a) Projects which,result,in significant environmental impacts which cannot
be mitigated to insignificant levels;
b) Projects which involve significant public controversy;
c) Projects which are.: in,; conflict, with County policies or would
necessitate the establishment -of new County policy;
d) Projects which are potentially precedent - setting; or
^ *_-cause deemed justifiable by the Planning Director.
(ADD. ORD. 3638- 2/22/83).
Sec. 8163 -5 - HEARING AND NOTICES
Sec. 8163 -5.1 - Whenever. an application request, which requires that a
hearing be held before the application can be acted on, is duly filed, the
Planning Division shall set a date, time, and place for the matter to be
heard and shall give notice of said hearing by mailing a written notice,
postage prepaid, containing--the date, time, and place of the hearing, not
less than ten calendar days prior to the date of the hearing, to the
applicant, the owners of the property involved, and the owners of the
property situated in whole or part within a radius of 300 feet of the
exterior boundaries of the Assessor's Parcel(s) on which the proposed use is
to be located. Names and addresses shall be obtained by the applicant from
® the last equalized assessment,- roll. In addition to or in lieu of mailed
C notice, notice may be given by both publication in a newspaper of general
circulation in accordance with Sec. 65854 of the Government Code and posting
said notice in conspicuous places close to the property. (AM . o RD . 2437-4/13/71
CB83d4
(AM.ORD. 2845- 5 /14 /74- AM.ORD. 3638 - 2/22/83) -
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Sec. 8111 -6 REAPPLICATION - An application request may be denied with prejudice
on the grounds that two or more similar application requests have been denied
the past two years, or that other good cause exists for limiting the filing o�
applications with respect to the property. If such denial becomes effective, no
further application for the request shall be filed in whole or in part for tre
ensuing 18 months except as otherwise specified at the time of the denial,
unless there is a substantial change in the application. or
Sec. 8111 -7 - MODIFICATION, SUSPENSION AND REVOCATION
Sec. 8111 -7.1 - Modification of Permits - An application for modification of ,
Permit or variance pursuant to this Section may be filed by any person or
entity listed in Sec. 8111 -3.1. . Any change of an approved discretionar:
permit is also a discretionary decision and is considered to fall into one o'
the following three categories:
Sec. 8111 -7.1.1 - Permit Adjustment - Any change which would not alter an:
of the findings made pursuant to Sec. 8111 - 2.1.2, nor any
contained is the environmental document prepared for the permit, and would
not have any adverse impact on surrounding properties, may be deemed ,.
permit adjustment and acted upon by the Planning Director or designee
without a hearing. Such changes include,, but are not limited to,
following: the
a. Any increase or decrease of not more, than ten percent in floor or
Permit area, or in the area - of__walls, fences or similar structures;
used as screening, or is height, provision ,of 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;
c. Any change is use - where they.
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 bot:i
cases, that any increase in parking space requirements can be
accommodated . oa -site. :(ADD.ORD.3810- 5/5/87)_-_
Sec. 8111 -7.1:2 - Minor Modification Any, proposedz change that exceeds'tbe
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 n. change ; any - findings contained in `the
environmental document prepared for: the' permit, shall be deemed a minor
modification and be acted upon.by the Planning Director or designee through
an administrative hearing process.-',.
Sec. 8111 -7.1.3 - Major Modification Any proposed modification which is
considered to be a substantial change in land use relative to the original
Permit, and /or would:, alter :_the,, findings" 'contained in the environmental
document prepared for the permit,-shall be- deemed '-a major modification and
be acted upon by the decision- making - authority which approved the original '
permit.
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Sec. 8111-7.2 - 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 Chapter. An application for such
modification, suspension or revocation may be filed by any person or entity
listed in Sec. 8111 -3.1, or by any other aggrieved person. The applicant for
such modification suspension or revocation shall have the burden of proving
one 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 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 .vici.nity 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.
Sec. 8111 -7.2.1 - .Nonwaiver The failure of the Planning Director,
Planning Commission or Board of Supervisors 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:
Sec. 8111 -7.2.2 - 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 County 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 County 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.
c.; 8111 -8 APPEALS - Unless otherwise provided in -this Chapter, an appeal
all be processed in the.same manner as other discretionary application requests
t:forth in this Article and in accordance with the following:
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