HomeMy WebLinkAboutORD 121 1990 0117ORDINANCE N0. _12_1 *__4a�
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AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, EXPANDING THE
HEARING NOTICE REQUIREMENTS FOR ZONING MATTERS FROM 300 FEET TO
1,000 FEET WITH AN EXCEPTION FOR ZONING VARIANCES ASSOCIATED WITH
ONE SINGLE FAMILY RESIDENTIAL DWELLING UNIT.
WHEREAS, on May 15, 1989, the Planning Commission requested that
staff place the subject of public hear=ing notice requirements on their
agenda for discussion and on June 5, 1989 the Commission discussed the
matter to consider a 1,000 foot radius requirement rather than the current
300 foot requirement and recommended to the City Council that the 1,000
foot radius requirement be used, with an exception for variances associated
with one single family residential dwelling unit;
WHEREAS, on June 21, 1989, the Council considered the
Commission's recommendation and directed staff to initiate the work
necessary to expand the public hearing notice requirement, and add a
Spanish text directing the reader to call City Hall for information
regarding the notice;
WHEREAS, public notice having been given in time, form, and
manner as required by law, the City Council for the City of Moorpark held. a.
public hearing on July 19, 1989, received testimony regarding said subject,
considered subject ordinance, and reached its decision; and
WHEREAS, this ordinance is exempt from CEQA according to the
General Rule that CEQA applies only to projects which have the
potential for causing a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF MOORPAR.K,
CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 8163 -5.1 of the Moorpark Municipal Code is
to read as follows:
"Whenever an application request or modification thereof is duly
filed and a hearing is required to be held before the application can
be acted upon or whenever_ revocation of an entitlement granted
pursuant to a hearing is held pursuant to City Council Resolution No.
86 -276, the City shall give notice of the public hearing by mailing a
written notice, postage prepaid, containing a date, time and place of
the hearing, not less than 1.0 days prior to the hearing, to the
applicant, the owners of the property involved., and the owners and
apartment tenants of the property within 1,000 feet of the exterior
boundaries of the property which is the subject of the application.
The following shall also be required:
"a. Each applicant shall submit ri typewritten list and two sets of
legal sized envelopes, with gummed mailing labels attached, of
the property owners and their addresses for all parcels within
1,000 feet of the exterior boundaries of the property which is
the subject of the application. Names and addresses of the
surrounding property owners shall be obtained from the last
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equalized assessment roll or from such other records of the
assessor or the tax collector which may contain more recent
addresses. In addition, a typewritten list and two sets of legal
sized envelopes with gummed mailing labels attached shall be
submitted for all apartment tenants within 1000 feet of the
exterior boundaries of the subject property. The name of each
apartment tenant shall be shown as occupant.
"b. For variance requests associated with one single family
residential dwelling unit, the distance requirement listed in
section (a) is reduced from 1,000 feet to 300 feet.
"c. A notice of hearing shall also be sent by the City to affected
public agencies pursuant to Government Code Section 65091 (a)
(2). In addition to the mailed notice, notice may be given by
publication in a newspaper of general circulation pursuant to
Ordinance No. 15 of the City.
"d. The City staff shall add a Spanish text to hearing notices
directing the reader to call. City Hall for information regarding
the notice."
SECTION 2. That Section 8163- -15.2 of the Zoning Ordinance is
amended to read as follows:
Section 8163 -15.2. Notice - Upon the filing of an application,
the Director of Community Development shall require notice to be
sent to surrounding property owners and apartment tenants
pursuant to Section 8163 -5 of the Zoning Ordinance.
SECTION 3. That Section 8164 -9 of the Zoning Ordinance is
amended to read as follows:
Section. 8164.9. Notice of._ Hearing -For the required public
hearing before the public hearing body of a proposed change of
the boundaries of a zoned area, or of the zone classification of
any property, or on a proposed amendment to this Chapter, the
notice provisions of Government Code sections 65854 and of
Section 8163 -5 of the Zoning Ordinance, shall be observed.
SECTION 4. That this ordinance shall become effective thirty
(30) days after its passage and adoption;
SECTION 5. That the City Clerk shall certify the adoption of
this ordinance and cause the same to be published in the manner .required by
law.
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PASSED AND ADOPTED this 17thday of Januar,y____ 190.
Mayor of the City of Moorpark, California
Paul W. Law son Jr.
ATTEST:
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Lillian Kellerman, City Clerk
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MOORPARK
PAUL W. LAWRASON, Jr.
Mayor
SCOTT MONTGOMERY
Mayor Pro Tern
ELOISE BROWN
Councilmember
CLINT HARPER, Ph.D.
Councilmember
BERNARDO M. PEREZ
Councilmember
LILLIAN KELLERMAN
City Clerk
STATE OF CALIFORNIA )
COUNTY OF VENTURA )
CITY OF MOORPARK )
SS.
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
RICHARD T. HARE
City Treasurer
I, Lillian E. Kellerman, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that the
foregoing Ordinance No. 121 was adopted by the City Council of
the City of Moorpark at a meeting held on the 17th .day of
January , 1990, and that the same was adopted by the
following vote:
AYES: Councilmember Scott Montgomery, Eloise Brown, Clint Harper,
Bernardo M. Perez and Mayor Paul W. Lawrason Jr.
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 19th day
of Janaur_y , 1990.
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799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864