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Home My WebLink AboutORD 057 1985 1202ORDINANCE NO. 57 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING 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, 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. 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- 63 , adopted September 12, 1985, the Planning Commission recommended that Articles 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 Article 43 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 fifteen (15) calendar days after the decision is rendered, or the following work day of the fifteenth (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. "Unless otherwise provided in this Chapter, an appeal shall be handled in the same manner as other discretional applicatian requests set forth in this Article and in accordance--mdth the following: " SECTION 2. That Section 8164 -13.2 of Article 44, Chapter 1, Divi- sion 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 Article 44, Chapter 1, Divi- sion 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 8264 - 13.2.2 of Article 44, Chapter 1, Divi- sion 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 2nd day of ATTEST: City Clerk -3- December , 1985. Mb�yor of the City of Moorpark, California 11 STATE OF CALIFORNIA } COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, DORIS D. BANKUS , City Clerk of the City of Moorpark, Calfiornia, do hereby certify that the foregoing Ordinance No. 57 was adopted by the City Council of the City of Moorpark, at a regular meeting thereof, held on the 2nd day of December , 1985, and that the same was adopted by the following vote, to wit: AYES: Councilmembers Yancy- Sutton, Prieto, Ferguson, Woolard and Mayor Weak; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 2nd day of December if 1985.- CITY CLERK Proof of Publication in the matter of Fictitious Business Name Stater 4 _........f— �� t STATE OF CALIFORNIA, County of Ventura City of Moorpark I am a citizen of the Uniled States and a residw-1 of the Gounty aforesaid; I am over the age of eighteen years. and not a party to or interested it the above enl lied matter. I ani the principal clerk of The Moorpark News �, uewspaoer of general circulation publi--.hed m !ht: c:•ly o' Moo,Qaik. County o' Ventura. and w•hrc;'' been adjudged a newspaper of gene•.,, -irc;. ,,• or. !.y Me Superior Court o' thn County ,f '✓enlur,, 1 :' if C3''' >r• a. under thi; (MIPof Ap,it 27 11181 Case number SP49672, that the not ce. "' which the an hexed is a printed copy (set In jyp(> nc: srna,ir,r ;•,kn nonpareil), has been published in each regular and en lire issue of said newspaper an(; not ni any 5,uj?U1ement triert•c ;± nn the following dates, to wit all in the year 19 . A.5` I certify (or declare) under penalty W nr' p ry that the foregoing is true and correct. Dated at Moorpark, Cal nta. this_ 1L. _ IN. ,t of __. 19 - - -- ��, ;nature MOORPARK NEVv: 7240 Moorpark A.v• P.O 5,-3y. 776 V. c n, j ;a: k. CA W ;'i ;. This ;) o f.P Is for the Cc it niy tai• - r i n: - Iq h'., I.,; ORDINANCE NO. 57 AN ORDINANCE OF THE CITY' OF MOORPARK, _ CALIFORNIA., AMENDNG ARTICLES 43 AND 44 OF, i CHAPTER 1 (ZONING) OF DIVISION 8 (PLANNINGfAND' DEVELOP OF THE VENTURA COUNTYOR, DINANCE CODE, ADOPTED BY THE MOORPARK CITY COUNCIL` ON SEPTEMBER 21,191A IN VARIOUS PAR- TICUI:ARS TO PROVIDE FOR A 15-DAY INSTEAD OF A 10-DAY APPEAL PERIOD OF DECISIONS OF THE PLANNING COMMISSION AND/OR PLANNING DIREC- ""R OF SAID CITY. WHEREAS, the City Council of the City of Moorpark direc- ted that consideration be given to changing the appeal period of PlArmanc Commission and/or Planning Director decisions from ten (lb) days to fifteen (15) dirys; and i WHEREAS, an September 12, 1985, the Planning Com- mission of said City held a public hearing to consider such amemdment;,and WHEREAS, by.its Resolution No.- PC-815-63, adopted Sep• _' t4mber 12, 1885, the Planning Commission recommended that �Crti 43 and 44 of Chapter 1(ton. of Division 8 (Planning and development) of the Venture Aounty Ordinance Code, adopted on September 21, '1883, be amended in various par- ticulare to provide fora 15-day instead o a 10day app� period of decisions of the Plannin g Commissions and/or ]i]an- nmg Director of said City; and WHEREAS, the City Council of said City has held a dui} noticed public such recommended Code end amment, has any and all testimony offered at said public, hearing, ajfd has reached its decision: Xxow,'THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK. CALIFORNIA,'DOES ORDAIN AS FOLLOW$: SECTION L That Section 8163.4.1.3 of Article 43. of Chapter 1 of.Divisibn 8 of the Ventura County Ordinance' Code; adopted "by tbe'Moorpark:,C y Coatncil on September 21, 1983, be amended to read as follows: "Sec- 8162 4.1.8 - Appeals • An, appeal concerning any der, requirement, permit, determination, or decision made in the _-administration or enforcement of this Chapter may be filed bYe as aWwved party within fifteen (15) calendar days after the decision is rendered, or the following work day of the fifteenth (15) day falls on a weekend or'holiday. Appeals included within this Section 8163 -CM3 are appeals -where it is alleged by the appellant that the PLnningDirector erred in refusing to accept or process,an.appbeation for failm.to pay outstanding fees and chat= under Sections 1116 -4.1.2, 8164 -3, 816" and 8220.. In beating 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. "Unless otherwise provided in this Chopter, an appeal shall be handled in the same manner as other discretional application rwMests set forth i:i this Article and in accordance with the SECTION 2. That Section 8164 -13.2 of Article 44, Chapter 1, Division 8 of %id Ventura County Ordinance Code be amended to read as fo 8164 -13.2 - Adoption Recommendation Only - In all cases cop zone changes and amendments initiated . by a veafiad application, the Commission shall forward to the City Council by resolution those applications for which the Com- mission recommends 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; G�dina4ce, the application shall not be forwarded to the City . o and the action of the Planning Commission shall Proof of Publication , 'tW matter W Fictitious E3usutuss Name bt.re ,cn: No STATE OF CAL f-lir +NIA County of Ventura City of Moorpark I am a citizen of the United States and d reSntt'i, ;1 tl t County aforesaid. I am over this ace of aighlee•n vo;1l and not a party to or intereslwl in [tie abov,, :nr:u, rt matter I am the principal clerk of The MuorparK Nev,s -) ewspaper of general ciicula'r,n published n; the ^il y o: Moorpark, County of Ventura v,o Nhu•l newstia;:r.• t, it been adjudged a newsuape, + qu,iwji ::irc,Jat c:, 'he Superior Cciurt of thr, Crn, r r,' rf,r tur. ;l C ;diiornia. un;,. tit 0,i1.., f A; Case number SF49672. that :hr nnti(.0 o! nexed is a printed copy .set I typa ri.;i nonpareil) has been published .r, ,Tarr turr issue of said ,lnwspapei ar:.l 1,,, , ,; ,,. ,, :h,9nx:•° Or, the ':iliov, -,ng dates. U. ..I; ail in the year 19 certify for deciare; under penally ui Derju y ttiai :nc foregoing is true and correct Dated at Moorpark. California this of Jlli r;a;,;l •' VOCPPA;2K Nib • .'vD Mi�orpar.. G.;;. F ii E3c>a 7 ;, This s0acE•.� Icn fht'';uunly'Clan n F,linq Stand beooms final upon the expiration of fifteen (15) days following -,—arBFh denial, uOma:' SECTION 9. That Section 816413.2.1 of Article 44, Chapter 1, Division 8 of said Ventura County Ordinance Code be amen- ded to read as follows: "Sea 8164-13.2.1 - An ag�eved party files within fifteen (15) f calendar days after such denial a written appeal application with the Planning Commission, eating that the matter be -forwarded to the City Council for further consideration. Such an appW app' application shall not be accepted unless it contains all information, data and papers presceibed by the forms sup- plied by the Planning Department;" SECPION 4. That Section 8264 - 13.2.2 -The party filing such application submits a fling fee as specified by the City of Moorpark; provided, however, that no filing fee shall be sub- mitted with an application filed on behalf of the City of Moor- park U n receipt of the proper application and fee within fifteen (16rdays after a denial, =the Commission shall forward to the City Council, within thirty (30) days, the resolution denying the application, and all reports, the City Clerk shall set the matter for public hearing in the manner set forth in Section SECTION 5. That this ordinance shall take effect thrity (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 proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adop- _,pon thereof, cause the same to be published once in the Moor- park News, a weekly newspaper of general chiculation, as j defined in Section 6008 of the Government Code, for the City of i Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this 2nd day of December, 1985. Jim Weak Mayor of the City of Moorpark, California ATTEST: Doris Bankus ( V Cit Clerk AL) STATE OF CALIFORNIA 1 COUNTY OF VENTURA ) as. CITY OF MOORPARK ) I, DORIS D. BANKUS, City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Ordinance No. 67 was adopted by the City Council of the City of Moorpark, at a regular meeting thereof, held on the 2nd day of December, 1985, and that the same was adopted by the following vote, to wit: AYES: Councilmembers Yancy- Sutton, Prieto, Ferguson, - -Woolard and Mayor Weak; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 2n day of December, 1986. Doris D. Baiilcu City Cleric (SEAL) Publish. December 11, 1985