HomeMy WebLinkAboutAGENDA REPORT 1992 0415 CC REG ITEM 09GITEM AL&.,
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
'OORPARK, CALIFORNIA
Cting
of
ACTIO N; 4z - , /
MEMORANDUM
TO: The Honorable City Council By
FROM: Patrick J. Richards, Director of Community Development
DATE: April 7, 1992 (CC Meeting of 4- 15 -92)
SUBJECT: AMENDMENT TO ARTICLE 11 OF ZONING CODE PERTAINING TO
REVISING TIME PERIOD FOR APPEALS
Background
On March 25, 1992, the City Council adopted a resolution directing
the Planning Commission to set a public hearing and provide a
recommendation regarding amending the appeal period for appeals to
City decision - making authorities from ten calendar days to fifteen
calendar days after the decision being appealed is rendered. On
April 6, 1992, the Planning Commission held a public hearing and
adopted a resolution (Attachment 1) recommending that the city
Council adopt an ordinance amending Sections 8111 -8.1 and 8111 -8.3
of the Zoning Code to change the time period for appeals from ten
days to fifteen days. Refer to the attached Planning Commission
staff report dated March 27, 1992, (Attachment 2) for further
background information.
Discussion
Refer to Discussion and Environmental Determination sections in
attached Planning Commission staff report. Also attached is a
draft ordinance (Attachment 3) which staff is recommending be
introduced for first reading.
Recommendation
Introduce attached Ordinance for first reading to amend Sections
8111 -8.1 and 8111 -8.3 of the Zoning Code to change the time period
for appeals from ten days to fifteen days.
Attachments:
Attachment 1 - Planning Commission Resolution
Attachment 2 - Planning Commission Staff Report
Attachment 3 - Draft Ordinance
PJR /DST
PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR.
Mayor Mayor Pro Tom Councilmember Councilmember Councilmember
Printed On Recycled Paper
a
ATTACHMENT 1
RESOLUTION NO. PC -92 -260
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL ADOPT AN ORDINANCE
AMENDING SECTIONS 8111 -8.1 AND 8111 -8.3 OF
ARTICLE 11, OF THE ZONING CODE TO CHANGE THE
TIME PERIOD FOR APPEALS
WHEREAS, at a duly noticed public hearing on April 6, 1992,
the Moorpark Planning Commission considered a proposed amendment to
Sections 8111 -8.1 and 8111 -8.3, Article 11, Division 8, Chapter 1
(Zoning Code) of the Moorpark Municipal Code to revise the appeal
time period for appeals to City decision - making authorities from
ten (10) calendar days to fifteen (15) calendar days after the
decision being appealed is rendered; and
WHEREAS, the Planning Commission after review and
consideration of the information contained in the staff report
dated March 27, 1992, concurs that the proposed Zoning Code
amendment will not have a significant effect on the environment and
is exempt from CEQA; and
WHEREAS, at its meeting of April 6, 1992, the Planning
Commission considered said proposed Zoning Code amendment at a
public hearing and reached its decision;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of the California
Environmental Quality Act (CEQA), the Planning Commission concurs
that the project is exempt based on Section 15061(b) (3) of the
State CEQA Guidelines, and recommends that a Notice of Exemption be
filed.
SECTION 2. The Planning Commission hereby finds that adoption
of the proposed Zoning Code amendment, would not result in an
inconsistency with the City's General Plan.
SECTION 3. The Planning Commission hereby recommends that the
City Council adopt an ordinance amending Sections 8111 -8.1 and
8111 -8.3 of Article 11 of the Zoning Code as follows (new language
is shown by highlighting and proposed deletions are shown by
strikeout):
Resolution No. PC -92 -260
Page 2
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 } calendar
days after the alleged decision - making:... error, or on the
following work day if the tenth tt day falls on a
weekend or holiday. 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 -3.11 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.
Sec. 8111 -8.3 - Appeal Period - The appeal period for
appeals to City decision - making authorities shall end ten
f1 calendar days after the decision being
appealed' is rendered pursuant to Section 8111 -5, or on
the following workday if the tenth day falls on
a weekend or holiday.
The action with the foregoing direction was approved by the
following roll call vote:
AYES: Commissioners May, Miller, Torres, Brodsky, and
Chairman Wesner
NOES: None
ABSTAIN: None
ABSENT: None
PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF APRIL, 1992.
Chairman:
Michael H. Wesner, Jr.
ATTEST:
Celia La Fleur
Secretary
ATTACE RENT 2
MOORPARK
ITEM 9, A-.--
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
CITY OF MOORPARK
PLANNING COMMISSION
STAFF REPORT - March 27, 1992
SECTION I - GENERAL INFORMATION
A. HEARING DATE: B. HEARING TIME:
April 6, 1992
C. HEARING LOCATION:
City Council Chambers
799 Moorpark Avenue
Moorpark, CA 93021
E. STAFF CONTACT:
Deborah S. Traffenstedt
Senior Planner
G. PROPOSED PROJECT:
7:00 p.m.
D. CASE NO.:
Amendment to Article 11 of
Zoning Code Pertaining to
Revising Appeal Time Period
F. APPLICANT:
City Initiated
Amendment to Sections 8111 -8.1 and 811 -8.3 of Article 11,
Division 8 of Chapter 1 (Zoning Code) of Moorpark Municipal
Code to change the appeal time period for appeals to City
decision - making authorities from ten (10) calendar days to
fifteen (15) calendar days after the decision being appealed
is rendered.
H. REQUESTED ACTION AND STAFF RECOMMENDATION:
1. Open the public hearing and accept public testimony.
2. Review environmental determination that proposed Zoning
Code amendments are exempt from the California
Environmental Quality Act (CEQA) based upon Section
15061(b)(3) of the State CEQA Guidelines.
3. Adopt attached resolution (Attachment 1) recommending
that the City Council approve the proposed amendments to
Sections 8111 -8.1 and 8111 -8.3 of the Zoning Code to
change the time period for appeals.
1
PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR.
Mayor Mayor Pro Tom Councilmember Councilmember Councilmember
Printed On Recycled Paper
I. RACRGROUND 4.
On March 25, 1992, the City Council adopted a resolution
directing the Planning Commission to set a public hearing and
provide a recommendation regarding amending the appeal +eriod
for appeals to City decision - making authorities from ten
calendar days to fifteen calendar days after the decision
being appealed is rendered. The appeal time period was
inadvertently changed from fifteen days to ten days when the
City Council adopted a revised version of the County Zoning
Code in 1991 as the interim City Zoning Code.
J. DISCUSSION
Staff is recommending that Sections 8111 -8.1 and 8111 -8.3 be
revised as follows (new language is shown by highlighting and
proposed deletions are shown by strikeout):
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
tear f� fteen (� 5), calendar days after the alleged
.:........................
decision - making error, or on the following work ay
if the tenth f, ; teentY day falls on a weekend or
holiday. 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.
Sec. 8111 -8.3 -
for appeals to
shall end tear f
decision being
Section 8111 -5,
tenth f1fteentY
Appeal Period - The appeal period
City decision- making authorities
Lfteen (15'j calendar days after the
appealed" is rendered pursuant to
or on the following workday if the
day falls on a weekend or holiday.
R. ENVIRONMENTAL DETERMINATION
It is staff's recommendation that the proposed Zoning Code
revisions be.found categorically exempt from the California
Environmental Quality Act (CEQA) . Section 15061(b)(3) of the
2
State CEQA Guidelines allows an exemption where it can be seen
with certainty that there is no possibility that the activity
in question may have a significant effect on the environment.
L. STAFF RECOMMENDATION
That the Planning Commission adopt the attached resolution
recommending that the City Council adopt an ordinance amending
Sections 8111 -8.1 and 8111 -8.3 of the Zoning Code to change the
time period for appeals from ten days to fifteen days.
Prepared by: Approved by:
Deborah S. Traffenstedt ?-P�aStt3�ic;kJ. Richards
Senior Planner rector of Community
evelopment
Attachments:
1. Draft Resolution
2. Sections 8111 -8.1 and 8111 -8.3 of Zoning Code
3
a
V ATTACHMENT 1
RESOLUTION N0: PC -92-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING -#v.
THAT THE CITY COUNCIL ADOPT AN ORDINANCE
AMENDING SECTIONS 8111 -8.1 AND 8111 -8.3 OF
ARTICLE 11, OF THE ZONING CODE TO CHANGE THE
TIME PERIOD FOR APPEALS
WHEREAS, at a duly noticed public hearing on April 6, 1992,
the Moorpark Planning Commission considered a proposed amendment to
Sections 8111 -8.1 and 8111 -8.3, Article 11, Division 8, Chapter 1
(Zoning Code) of the Moorpark Municipal Code to revise the appeal
time period for appeals to City decision - making authorities from
ten (10) calendar days to fifteen (15) calendar days after the
decision being appealed is rendered; and
WHEREAS, the Planning Commission after review and
consideration of the information contained in the staff report
dated March 27, 1992, concurs that the proposed Zoning Code
amendment will not have a significant effect on the environment and
is exempt from CEQA; and
WHEREAS, at its meeting of April 6, 1992, the Planning
Commission considered said proposed Zoning Code amendment at a
public hearing and reached its decision;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of the California
Environmental Quality Act (CEQA), the Planning Commission concurs
that the project is exempt based on Section 15061(b)(3) of the
State CEQA Guidelines, and recommends that a Notice of Exemption be
filed.
SECTION 2. The Planning Commission hereby finds that adoption
of the proposed Zoning Code amendment, as shown in Exhibit A to
this resolution, would not result in an inconsistency with the
City's General Plan.
SECTION 3. The Planning Commission hereby recommends that the
City Council adopt an ordinance amending Sections 8111 -8.1 and
8111 -8.3 of Article 11 of the Zoning Code as follows (new language
is shown by highlighting and proposed deletions are shown by
strikeout):
4
a ++
Resolution No. PC -92-
1--r Page 2
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 � ti fQen{:15.x:: calendar
days after the alleged decision- makngerror, or on the
following work day if the nth fifteenth day falls on a
weekend or holiday. Included wtri 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.
Sec. 8111 -8.3 - Appeal Period - The appeal period for
appeals to City decision - making authorities shall end ten
f ifeen1 calendar days after the decision being
appealed'i.s rendered pursuant to Section 8111 -5, or on
the following workday if the tenth ft .'f ... nt day falls on
a weekend or holiday.
The action with the foregoing direction was approved by the
following roll call vote:
AYES:
NOES:
ABSENT:
PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF APRIL, 1992.
ATTEST:
Celia La Fleur
r
Secretary
Chairman
ATTACHMENT 2
health, safety or general welfare or as to constitute a
nuisance; 4
e. That changes in technology, or in the type or amoou�}nt of
development in the vicinity of the use, or otheT'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 City Council 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 City 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 City 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.
Sec. 8111 -8 - APPEALS - Unless otherwise provided in this Chapter,
an appeal shall be processed in the same manner as other
discretionary application requests set forth in this Article and in
accordance with the following:
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 ten calendar days after the alleged decision - making
error, or on the following work day if the tenth day falls on a
weekend or holiday. 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
151
'1.1 the appellant.
Sec. 8111 -8.2 - Hearing Body - All appeals shall be filed with
the Planning Division and be addressed to the decision- making
authority hearing the appeal. The appropriate decision- making
authorities, unless otherwise stipulated in this Article, are
as follows:
a. Appeals of Administrative Decisions (by the Planning
Director or designee) shall be heard by the Planning
Commission.
b. Appeals of Planning Commission decisions shall be heard by
the City Council.
c. Appeals relating solely to requests under this Chapter for
waivers or modifications of policies of the City Council
need be heard only by the City Council.
Sec. 8111 -8.3 - Appeal Period - The appeal period for appeals to
City decision - making authorities shall end ten calendar days
after the decision being appealed is rendered pursuant to
Section 8111 -5, or on the following workday if the tenth day
falls on a weekend or holiday.
Sec. 8111 -8.4 - Hearing and Notice - Upon receipt of a complete
appeal application form, the Planning Division shall establish
a date, time and place for the hearing. Notice shall be given
in the same manner as required for the original request, and
shall also be given to the applicant and appellant, as the case
may be.
Sec. ..8111-8.4.1 _.The .Planning Director shall deliver all
pertinent information relating to the matter on appeal to the
authority hearing the appeal prior to the date of the
hearing, unless otherwise directed by that authority.
Sec. 8111 -8.4.2 - A matter on appeal may be referred back to
the preceding decision - making authority for further report,
information or study.
Sec. 8111 -8.4.3 - Whenever a matter on appeal has been
referred back to the preceding decision - making authority,
said authority shall respond within 30 calendar days
following the date of such referral, unless otherwise
specified by the decision- making authority making the
referral.
Sec. 8111 -8.4.4 - Hearings on multiple appeals may be
consolidated.
152
ATTACHMENT 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING SECTIONS
8111 -8.1 AND 8111 -8.3 OF ARTICLE 11, DIVISION
8, CHAPTER 1, OF THE MOORPARK MUNICIPAL CODE
TO REVISE THE TIME PERIOD FOR APPEALS
WHEREAS, at a duly noticed public hearing on April 15, 1992,
the Moorpark City Council considered a proposed amendment to
Sections 8111 -8.1 and 8111 -8.3, Article 11, Division 8, Chapter 1
(Zoning Code), of the Moorpark Municipal Code to revise the time
period for appeals to City decision - making authorities from ten
(10 ) calendar days to fifteen (15 ) calendar days after the decision
being appealed is rendered; and
WHEREAS, the Planning Commission held a public hearing on
April 6, 1992, and adopted a resolution recommending City Council
approval of a revision to the appeal time period from ten days to
fifteen days; and
WHEREAS, the City Council after review and consideration of
the information contained in the staff report dated April 7, 1992,
concurs that the proposed Zoning Code amendment will not have a
significant effect on the environment and is exempt from the
California Environmental Quality Act (CEQA) based on Section
15061(b)(3) of the State CEQA Guidelines; and
WHEREAS, at its meeting of April 15, 1992, the City Council
opened the public hearing, took public testimony, closed the public
hearing, and reached its decision;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to the provisions of CEQA, the City
Council concurs that the proposed Zoning Code amendment is exempt
based on Section 15061(b)(3) of the State CEQA Guidelines, and
recommends that a Notice of Exemption be filed.
SECTION 2. The City Council hereby finds that the proposed
amendment to Sections 8111 -8.1 and 8111 -8.3 of the Zoning Code
would not result in an inconsistency with the City's General Plan.
SECTION 2. Sections 8111 -8.1 and 8111 -8.3 of Article 11,
Division 8, Chapter 1 (Zoning Code), of the Moorpark Municipal Code
are hereby amended to read as follows:
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 fifteen (15) calendar days
after the alleged decision - making error, or on the
following work day if the fifteenth day falls on a
Ordinance No.
Page 2
weekend or holiday. 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.
Sec. 8111 -8.3 - Appeal Period - The appeal period for
appeals to City decision - making authorities shall end
fifteen (15) calendar days after the decision being
appealed is rendered pursuant to Section 8111 -5, or on
the following workday if the fifteenth day falls on a
weekend or holiday.
SECTION 4. The City Council hereby deems that this ordinance
shall take effect 30 days after passage and adoption.
SECTION 5. The City Council hereby directs that the City
Clerk shall certify the passage and adoption of this ordinance,
shall enter this ordinance in the book of original ordinances of
the City of Moorpark, shall make a minute of the passage and City
Council which adopted this ordinance, and shall within fifteen (15)
days after passage and adoption cause this ordinance to be
published in a manner described by law.
PASSED, APPROVED AND ADOPTED THIS DAY OF , 1992.
MAYOR
ATTEST:
Lillian E. Kellerman
City Clerk