HomeMy WebLinkAboutORD 177 1993 0818ORDINANCE 177
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING ORDINANCE NO. 137 FOR THE PURPOSE OF
EXTENDING THE TIME IN WHICH AN ITEM MAY BE APPEALED AND
STIPULATING WHO NAY APPEAL MINISTERIAL ACTIONS UNDER
SECTION 8111.8.1 - GENERAL (APPEALS)
Whereas, on February 20, 1991, the City Council rescinded
the previous Zoning Ordinance as well as Ordinance Nos. 74
(Parking/ Setbacks), 76 (Maximum Density), 113 (Signs), 83 (Produce
Stands), 112 (Day Care Facilities), 121 (1,000 foot notification),
and 130 (RPD Zones) in their entirety; and
Whereas, the Council adopted the then current County
Ordinance with several modifications, known as Ordinance 137; and
Whereas, in using the Ordinance, staff has noted that
there has been a need to make several minor modifications in order
to clarify certain sections of the Ordinance and to better fit the
needs of the City; and
Whereas, on June 21, 1993, the Planning Commission
adopted Resolution No. PC 93 -278 recommending that the City Council
make modifications to the City's Zoning Ordinance as recommended by
the Planning Commission in order to clarify the Ordinance and to
better fit the needs of the City; and
Whereas, the City Council opened and closed the public
hearing on July 21, 1993; and
Whereas, the City Council determined that the
modifications to the City's Zoning Ordinance is categorically
exempt pursuant to State CEQA Guidelines Section 15061 (b) (3) in
that the proposed amendments to the Zoning Ordinance does not have
the potential for causing a significant effect on the environment;
and
Whereas, requested changes to the Zoning Ordinance as
directed by the City Council have been made to the Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. That the modifications to the City's Zoning
Ordinance are categorically exempt pursuant to State CEQA
Guidelines Section 15061 (b) (3).
1
SECTION 2. That the Current Zoning Ordinance No. 137 is hereby
amended as found in Section 3.
SECTION 3. Sec. 8111 -8.1 - General - An application for an
appeal concerning any order, requirement, permit, or decision made
in the administration of this Chapter may be filed by an aggrieved
party within sixteen (16) calendar days after the alleged decision -
making error, or on the following work day if the sixteenth day
falls on a weekend or holiday. Approval, denial or conditional
approval of a Zone Clearance or other ministerial action is not
appealable other than by the applicant. Included within this
Section are appeals of the Planning Director's refusal to accept or
process an application until the applicant paid all outstanding
fees and charges in accordance with Sections 8111 -3.1, 8111 -3.9 and
8220. Decisions made regarding enforcement reports, which are not
a part of this Chapter, are not appealable. 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 owed by the appellant, if such issues are raised by the
appellant.
SECTION 4. That if any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held to
be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 5. This Ordinance shall become effective thirty (30)
days after the passage and adoption.
2
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 adoption
thereof, cause the same to be published once in the Moorpark News,
a weekly newspaper of general circulation, as defined in Section
6008 of the Government Code, for the City of Moorpark, and which is
hereby designated for that purpose.
PASSED, APPROVED AND ADOPTED this 18th day of AUGUST 1993.
Paul W. La ason, Jr.
Mayor
ATTEST:
3
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Lillian E. Hare, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Ordinance No. 177 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 18th day of AUGUST , 1993, and that
the same was adopted by the following vote:
AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and the official seal of said City
this 19th day of AUGUST , 1993.
Lillian E. Hare
City Clerk
PAUL W. LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER
Mayor Mayor Pro Tem Counalmembor
BERNARDO M PEREZ JOHN E WOZNIAK
Counalmember Counalmember
11—roO on Rocyriod Pjper