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HomeMy WebLinkAboutAGENDA REPORT 1985 0204 CC REG ITEM 08B ...015r.3110L- MOORPARK 8: a ALBERT PRIETO STEVEN KUENY Mayor � City Manager JAMES D.WEAK ! CHERYL J. KANE Mayor Pro Tem F14101Pri City Attorney THOMAS C. FERGUSON � �'� NIALL FRITZ Councilmember Director of DANNY A. WOOLARD �'o+.����• Development Councilmember LETA YANGY-SUTTON N,* : R. DENNIS DELZEIT Councilmember City Engineer DORIS D. BANKUS JOHN V. GILLESPIE Chief of Police City Clerk JOHN C. GEDNEY City Treasurer TO: The Honorable City Council FROM: Niall Frit Director of Community Development DATE: February 4, 1985 SUBJECT: DECISION MAKING RESOLUTIONS At the joint City Council/Planning Commission meeting, staff was directed to prepare revisions to Items I and M for your consideration. A revised resolution is attached. At its regular meeting of January 8, 1985, the Planning Commission took unanimous action to recommend to your Council that Items E - M of the Resolution be amended to indicate that the Planning Commission would be the decision-making body with their decision appealable to your Council. In addition, on Item K, the Commission is also recommending that Parcel Map Waivers and Lot Line Adjust- ments be acted upon by the Director of Community Development with his decision appealable to the Commission. The Commission felt that Items A - D are legislative in nature, requiring Council action, but that the remaining permit decisions were administrative and should be delegated to the Commission. As was noted to the Commission, the implementation of the recommended changes to Item J, would also require the amendment of the Subdivision Ordinance. At your last meeting, when considering this matter, staff was directed to prepare a second resolution indicating the Planning Commission recommendations. This resolution is also attached, along with the presently adopted resolution. The Council also directed staff to identify what may be some of the "pitfalls" of the Planning Commission' s recommendation. The major considerations involved with giving the Planning Commission greater approval authority would be keeping your Council informed of their decisions and possible limitations on your Council ' s 799 Moorpark Avenue Moorpark, California 93021 (805)529.6864 The Honorable City Council February 4, 1985 Pg. 2 SUBJECT: DECISION MAKING RESOLUTIONS ETC. ability to act if you disagree with the decision of the Planning Commission. 1. Members of the Council may not be fully aware of development projects being decided upon the Planning Commission. -- Staff reports distributed to the Planning Commission could at the same time be distributed to the Council for their information. -- Immediately following a Planning Commission decision, an "action" or "summary" memo could be prepared to inform Council members of the Commission' s action. This memo could be distributed immediately via Council members "in baskets" at City Hall. 2. Council members may not agree with the Commission' s action. -- If this was the case, the only opportunity for the Council to officially review or alter the Commission ' s decision would be through an appeal of their decision. Presently the appeal period is 10 days. However, your Council has directed that the appeal period be lengthened to 15 days, and that any appeal must, if it is made on behalf of the Council, authorized by the majority of the Council. The Planning Commission at their January 22, 1985 meeting decided to change their regularly scheduled meeting dates from the second and fourth Tuesday to the second and fourth Thursday of the month. The time between a Commission meeting and your next Council meeting is very short, which reduces the opportunity for Council members to be informed. -- If the Council decides to appeal a Commission decision, the hearing may be at the following Council meeting two weeks later or not until the second Council meeting, four or five weeks later. The scheduling of an appeal hearing would be dependant upon other items previously scheduled for your Council' s agenda and staff workload. If your Council directs a priority for the scheduling for such appeals, in most cases the matter should be on the following Council agenda. In scheduling an appeal, a separate legal notice must be prepared and mailed to all property owners within 300 feet ten days prior to hearing. -- To determine whether the Council wishes to appeal an item, the Council may request information of staff equivalent to a hearing on the case. The Honorable City Council February 4, 1985 Pg. 3 SUBJECT; DECISION MAKING RESOUTIONS ETC. -- An alternative appeal process which may simplify this situation would be to have a "call-up" procedure whereby any member of the Council may request that a Planning Commission decision be placed on the next available Council agenda for full Council review. Other City' s Approval Process Several neighboring cities were surveyed on that subject. The results were as follows: Thousand Oaks -- Planning Commission approves residential, commercial and industrial permits, as well as subdivisions . In limited circumstances staff approves commercial/industrial permits. Simi Valley -- same as Thousand Oaks. Camarillo -- Planning Commission approves residential, commercial and industrial permits. Tentative tract maps require Council action. Filmore -- same as Cammarillo. Santa Paula -- same as Camarillo, except that if a project involves both a tract and a planned development permit, then both require Council action. PLnww, wt CO min i g3aop/ REeoivis ,'1 EN 0ATI®(/ RESOLUTION NO. 85- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DIRECTING THAT CERTAIN FORMER VENTURA COUNTY PERMIT APPROVAL PROCESSES BE PER- FORMED BY CERTAIN CITY OFFICIALS; AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH. WHEREAS, by Ordinance No. 6, adopted September 21, 1983, the Moorpark City Council adopted by reference various ordinances of the County of Ventura; and WHEREAS, Section 17(c) of said Ordinance No. 6 provides as follows: "(c) Whenever in the enactments of the County of Ventura which are adopted by reference by the City there is a reference to an officer, office, official title, or other designatin, the reference shall be enterpreted to mean that office, title, or designation in the governmental structure of the City, or if there is none, any official or titleholder in the City who has been specifically directed by the City Council or the City Manager to perform the functions referred to or the duties imposed."; and WHEREAS, pursuant to Section 17(d) of said Ordinance No. 6 the City Council seeks to clarify and specify those offices of the City structure comparable to those of the County structure; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Moorpark that the following permit approvals will be performed by the following City offices: (a) General Plan adoption or major revision - City Planning Commission is to make a recommendation for action to the City Council; the City Council is to take final action approving or disapproving the proposal. (b) General Plan Amendment - City Planning Commission is to make a recommendation for action to the City Council; the City Council is to take final action approving or disapproving the proposal. (c) Ordinance Adoption/Amendment - City Planning Commission is to make a recommendation for action to the City Council; the City Council is to take final action approving or disapproving the proposal. (d) Zone Change - City Planning Commission may make a recommendation of approval to City Council for final action; the City Planning Commission may disapprove the project, in which case the denial must be appealed to the City Council. -1- (e) Commercial Planned Development Permit - City Planning Commission shall approve or disapprove proposals of less than 20,000 square feet of gross floor space; the Planning Commission's decision is appealable to the City Council. dation o . to the City Council on pro- posals of 20,000 sq - or more of gross floor space; the City Counci - e final (f) Industrial Development Plan Permit - City Planning Commission shall approve or disapprove proposals of less than 20,000 square feet of gross floor space; the Planning Commission's decision is appealable to the City Council. dation ' .n to the City Council in pro- posals of 20,000 sq'. - -t or more of gross floor space; the City Counci . .ke final (g) Administrative Clearance - City Planning Com- mission may approve or disapprove the proposal. The Planning Commission's decision is appealable to the City Council. (h) Planning Director Conditional Use Permit (oil wells, caretaker mobile homes) - City Planning Commission may approve or disapprove the proposal. The Plan- ning Commission's decision is appealable to the City Council. (i) Planning Commission Conditional Use Permit (two- story commercial building) - City Planning Commission may approve or disapprove the proposal. The Planning Commission's decision is appealable to the City Council. (j) Tentative Tract Map (subdivision of 5 or more (NOTE: this lots) - City Planning Commission (would require as may approve or disapprove (amendment to the the proposal. The Plan- OIL, 0-,.....11 L. t t 1. f ., l .._t_.,.. r_ .___ (Subdivision ping Commissions ' s d (Ordinance decision is appealable to the City Council{k) Parcel Map1 Par 8i %) mi�u ' niyyLave 2o�me�n ment }t�d nay appy ve or disapprove the proposal. The Li d C ' Director' s decision is appealable to the Planning Commission. • -2- (1) Residential Planned Development Permit - City Planning Commission igamoopmavoltpsorpositoinin may approve or disapprove •1 • the proposal. The Plan- _ . ning Commission' s 1 _ decision is appealable to the City Council{m) Variance (setback, height limitations) - City Planning Commission may approve or disapprove the proposal. The Planning Commission's decision is appealable to the City Council. ector.,o ommunity Development (n) Minor Modification - City .._____ ___ _c may approve or disapprove the proposal. The Planning Director's decision is appealable to the Planning Commission. ; and BE IT FURTHER RESOLVED, that Resolution No. 83-29, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK DIRECTING THAT CERTAIN FORMER VENTURA COUNTY PERMIT APPROVAL PROCESSES BE PERFORMED BY CERTAIN CITY OFFICIALS, adopted September 7, 1983, and Resolution No. 83-49, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK AMENDING SECTIONS (e) AND (f) OF RESOLUTION NO. 83-29, ADOPTED SEPTEMBER 7, 1983 REGARDING PERMIT APPROVAL PROCESSES, adopted October 19, 1983, are hereby repealed. PASSED, APPROVED AND ADOPTED this 16th day of January, 1985. Mayor of the City of Moorpark, California ATTEST: City Clerk (SEAL) -3- /1W)EN DEO AS DIRECTED B RESOLUTION NO. 85- Cit,iv'c.i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DIRECTING THAT CERTAIN FORMER VENTURA COUNTY PERMIT APPROVAL PROCESSES BE PER- FORMED BY CERTAIN CITY OFFICIALS; AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH. WHEREAS, by Ordinance No. 6, adopted September 21, 1983, the Moorpark City Council adopted by reference various ordinances of the County of Ventura; and WHEREAS, Section 17(c) of said Ordinance No. 6 provides as follows: "(c) Whenever in the enactments of the County of Ventura which are adopted by reference by the City there is a reference to an officer, office, official title, or other designatin, the reference shall be enterpreted to mean that office, title, or designation in the governmental structure of the City, or if there is none, any official or titleholder in the City who has been specifically directed by the City Council or the City Manager to perform the functions referred to or the duties imposed."; and WHEREAS, pursuant to Section 17(d) of said Ordinance No. 6 the City Council seeks to clarify and specify those offices of the City structure comparable to those of the County structure; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Moorpark that the following permit approvals will be performed by the following City offices: (a) General Plan adoption or major revision - City Planning Commission is to make a recommendation for action to the City Council; the City Council is to take final action approving or disapproving the proposal. (b) General Plan Amendment - City Planning Commission is to make a recommendation for action to the City Council; the City Council is to take final action approving or disapproving the proposal. (c) Ordinance Adoption/Amendment - City Planning Commission is to make a recommendation for action to the City Council; the City Council is to take final action approving or disapproving the proposal. (d) Zone Change - City Planning Commission may make a recommendation of approval to City Council for final action; the City Planning Commission may disapprove the project, in which case the denial must be appealed to the City Council. -1- (e) Commercial Planned Development Permit - City Planning Commission shall approve or disapprove proposals of less than 20,000 square feet of gross floor space; the Planning Commission's decision is appealable to the City Council. City Planning Commission shall make a recommen- dation for action to the City Council on pro- posals of 20,000 square feet or more of gross floor space; the City Council shall take final action approving or disapproving the proposal. (f) Industrial Development Plan Permit - City Planning Commission shall approve or disapprove proposals of less than 20,000 square feet of gross floor space; the Planning Commission's decision is appealable to the City Council. City Planning Commission shall make a recommen- dation for action to the City Council in pro- posals of 20,000 square feet or more of gross floor space; the City Council shall take final action approving or disapproving the proposal. (g) Administrative Clearance - City Planning Com- mission may approve or disapprove the proposal. The Planning Commission's decision is appealable to the City Council. (h) Planning Director Conditional Use Permit (oil wells, caretaker mobile homes) - City Planning Commission may approve or disapprove the proposal. The Plan- ning Commission's decision is appealable to the City Council. (i) Planning Commission Conditional Use Permit (two- story commercial building) - City Planning Commission may approve or disapprove the proposal. The Planning Commission's decision is appealable to the City Council. (j) Tentative Tract Map (subdivision of 5 or more lots) - City Planning Commission is to make a recommendation for action to the City Council; the City Council is to take final action approving or disapproving the proposal. (k) Parcel Map, Parcel Map Waiver and Lot Line Adjust- ment - City Planning Commission may approve or disapprove the proposal. The Planning Commission's decision is appealable to the City Council. -2- (1) Residential Planned Development Permit - City Planning Commission is to make a recommendation for action to the City Council; the City Council is to take final action approving or disapproving the proposal. (m) Variance (setback, height limitations) - City Planning Commission may approve or disapprove the proposal. The Planning Commission's decision is appealable to the City Council. (n) Minor Modification - City Planning Director may approve or disapprove the proposal. The Planning Director's decision is appealable to the Planning Commission. ; and BE IT FURTHER RESOLVED, that Resolution No. 83-29, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK DIRECTING THAT CERTAIN FORMER VENTURA COUNTY PERMIT APPROVAL PROCESSES BE PERFORMED BY CERTAIN CITY OFFICIALS, adopted September 7, 1983, and Resolution No. 83-49, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK AMENDING SECTIONS (e) AND (f) OF RESOLUTION NO. 83-29, ADOPTED SEPTEMBER 7, 1983 REGARDING PERMIT APPROVAL PROCESSES, adopted October 19, 1983, are hereby repealed. PASSED, APPROVED AND ADOPTED this 16th day of January, 1985. Mayor of the City of Moorpark, California ATTEST: City Clerk • (SEAL) -3- RESOLUTION NO. 83-29_ /43-1. 1.) E 4 F A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK DIRECTING THAT CERTAIN FORMER VENTURA COUNTY 3 - 9 PERMIT APPROVAL PROCESSES BE PERFORMED BY CERTAIN CITY OFFICIALS ( /19 - '9-$'3 WHEREAS, on July 2, 1983 the City Council of the City of Moorpark, pursuant to California Government Code Section 35441 , adopted Ordinance Number 1, which extended for 120 days the applicability of the Ventura County Ordinance Code to the City of Moorpark; and WHEREAS, Ordinance Number 1 provides at Section 3 (b) as follows: "Whenever in the enactments of the County of Ventura which are continued in effect by the City there is a reference to an officer, office, official title, or other designation, the reference shall be interpreted to mean that office, title , or designation in the governmental structure of the City, or if there is none, any official or titleholder in the City who has been specifically directed by the City Council or the City Manager to perform the functions referred to or the duties imposed. " ; and WHEREAS, pursuant to Section 3 (c) of Ordinance 1 the City Council seeks to clarify and specify those offices of the City structure comparable to those of the County structure; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorpark that the following permit approvals will be performed by the following City offices : (a) General Plan adoption or major revision - City Planning Commission is to make a recommendation for action to the City Council ; the City Council is to take final action approving or disapproving the proposal. (b) General Plan Amendment - City Planning Commission is to make a recommendation for action to the City Council; the City Council is to take final action approving or disapproving the proposal. (c) Ordinance Adoption/Amendment - City Planning Commission is to make a recommendation for action to the City Council; the City Council is to take final action approving or disapproving the proposal . (d) Zone Change - City Planning Commission may make a recommendation of approval to City Council for final action; the City Planning Commission may disapprove the project, in which case the denial mustIappealed to the City Council. l.-c- (e) Commercial Planned Development Permit - City or Dov Planning Commission may approve or disapprove the proposal. The Planning Commission's t - i7144A-0 decision is appealable to the City Council. (f) Industrial Development Plan Permit - City J'0- p Planning Commission may approve or disapprove the proposal. The Planning Commission' s decision is appealable to the City Council. (g) Administrative Clearance - City Planning Commission may approve or disapprove the proposal . The Planning Commission's decision is appealable to the City Council. (h) Planning Director Conditional Use Permit (oil wells, caretaker mobile homes) - City Planning Commission may approve or disapprove the proposal. The Planning Commission' s decision ff is appealable to the City Council. t \/(i) Planning Commission Conditional Use Permit (two story commercial building) - City Planning Commission is to make a recommendation for action to the City Council; the City Council is to take final action approving or disapproving the proposal. (j) Tentative Tract Map (subdivision of 5 or more lots) - City Planning Commission is to make a recommendation for action to the City Council; the City Council is to take final action approving or disapproving the proposal . (k) Parcel Map, Parcel Map Waiver and Lot Line Adjustment - City Planning Commission may approve or disapprove the proposal. The Planning Commission' s decision is appealable to the City Council. (1) Residential Planned Development Permit - City Planning Commission is to make a recommendation for action to the City Council; the City Council is to take final action approving or disapproving the proposal. -2- (m) Variance (setback, height limitations) - City Planning Commission is to make a recommendation for action to the City Council ; the City Council is to take final action approving or disapproving the proposal. (n) Minor Modification - City Planning Director may approve or disapprove the proposal. The Planning Director's decision is appealable to the Planning Commission. Passed, approved and adopted this 7th day of September, 1983. 'ayor . e 7 o Moorpark, lifornia ATTEST : 111 City Clerk (SEAL) 111001000r 4*. p , 0 „‹.75 STATE OF CALIFORNIA COUNTY OF VENTURA ) SS. CITY OF MOORPA R K ) I, Doris D. Bankup , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 83-29 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 7th day of September _ , 19 83 , and that the same was adopted'by the following vote, to wit: AYES: Councilmen Straughan, Harper, Beaulieu, Prieto and Mayor Yancy-Sutton; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 7th day of September , 19 83 CITY CLERK (SEAL) RESOLUTION NO. 83-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK AMENDING SECTIONS (e) AND (f) OF RESOLUTION NO. 83-29, ADOPTED SEPTEMBER 7, 1983 REGARDING:.PERMIT APPROVAL PROCESSES THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS : SECTION 1. That Sections (e) and (f) or Resolution No. 83-29 , entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK DIRECTING THAT CERTAIN.;:FORMER VENTURA COUNTY PERMIT APPROVAL PROCESSES BE PERFORMED BY CERTAIN CITY OFFICIALS, adopted September 7, 1983, be amended to read as follows : (e) Commercial Planned Development Permit - City Planning Commission shall approve or disapprove proposals of less than 20,000 square: feet of gross floorspace ; the Planning Commission's decision is appealable to the City Council. City Planning Commission shall make a recomen- dation for action to the City Council on pro- posals of 20,000 square feet or more of gross floor space ; the City Council shall take final action approving or disapproving the proposal. (f) Industrial Development Plan Permit - City Planning Commission shall approve or disapprove proposals of less than 20,000 square feet of gross floor space ; the Planning Commissions decision is appealable to the City Council. City Planning Commission shall make a recomen- dation for action to the City Council on pro- posals of 20,000 square feet or more of gross floor space ; the City Council shall take final action approving or disapproving the proposal. SECTION 2. That this resolution shall take effect immediately. PASSED, APPROVED and ADOPTED this /�"/ day of October , 1983. 0+' c�t. ATTEST: °P ��i r��. /_ ��.► ( 7 .$ OR s / City Clerk �* / (seal) STATE OF CALIFORNIA COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Doris D. Bankus , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 83-49 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 19th day of October , 19 83 , and that the same was adopted by the following vote, to wit: AYES: Councilmembers Harper, Straughan, Beaulieu and Prieto; NOES: Mayor Yancy-Sutton; ABSENT: None. WITNESS my hand and the official seal of said City this 19th day of October , 19 R3 • CITY CLERK (SEAL) t. oro; e r_ o