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Home My WebLink AboutAGENDA REPORT 1990 0103 CC REG ITEM 12B ITEM 1206.) B, ORDINANCE NO: 89- 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 hearing 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 MOORPARK, 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 10 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 a 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 a:ordlnl.doc/dw4:pp r • 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. a:ordlnl.doc/dw4:pp PASSFD AND �ADOP'rFI) th i- i : :, 1989. Mayor of ti (- % �I '1 .), park, Cal i fornia ATI'E ST : Lillian Kellerman, City Clerk a:ordlnl.doc /dw4:pp N i nut. 1"; I t he C i t N, Co rrr, i 1 tloorpntk CaIifof11i;I t;rnuaI�' •�, l`PM I et rof it the hood would r 1. i ('xpl-ct n:rc.v, t hat 'I f- 1 ho ,,lilt hoc i zc,d t') reI>1 acr t r;! ti r t )T ION Corrnci lmomber: Brown m ,; t iorr to authorize Staff to i1 stove and purchasing a resident of the contractor, the City .o•, i f-r expect ar-:y, that staff and that funds to purchase nn contingency. The voice vote wn 12. ORDTNANCF.S l i i tine i lmemher limper ,;Q(- oii(1e(i ;r i ,i, i, l i in i na t, i ny, the hood ove r t he I tY1 tove; that if, in the opinion t, , c,, r : f it the hood would exceed the r I •d to rep l ai e that equipment; o�II.ipim it be taken from the project r! r;nilu, s 12. A. Consider Adoption of _Ordinance No. 119. An ordinance amending the Moorpark Municipal Code by revising Chapter 4 of Title 5 relative to mobile one part rents. City Attorney Cheryl Kane nd th-� (irdi.nance title. MOTION: Councilmember Perez mo\ •ci arid Councilmember Harper seconded a motion to read the Ordinanr(- •r itl• only. The voice vote was unanimous. MOTION: Councilmember Brown mov�d and Councilmember Harper seconded a motion to declare Ordinance Nf 119 r.iad for the second time and adopted as read. The voice vot• w;rs. nnatrimous. 12. B. Consider Introduction of Ordinance No. 120. An ordinance amending the Public Hearin) Notice Requirements from the current 300 ft. notice requirement o 1,000 ft. with an exception for one single family residence s,,- - ir,g ,, z<-ne variance. City Attorney Cheryl Kane ac. t1w (irdi.nance title. MOTION: Councilmember harper m(.;ed and Councilmember Perez seconded a motion to waive further reading �tnd declare Ordinance No. 120 read in title only. The voice vote wa-; :nr n imo�ur . MOTION: Councilmember Harper mr 'eci and Councilmember Perez seconded a motion to declare Ordinance No ;20 introduced and read for the first time. The motion carried, witli or n, i Irro•mher. Brown dissenting. 13. FUTURE AGENDA ITEMS Councilmember Harper requested hat Staff investigate the extent and quality of the inspections 1,.,rformed by the Building & Safety Department on new homes. In oriel to insure quality inspections, he suggested that Staff determine ,whether the fees should be increased; the regulations outlined in the ordinance should be changed; the building code should be revf� ;c• i; r.nd /or- the City should hire more discretionary inspectors. Mayor Lawrason requested that tt•� recent chimney fires be an item for discussion on the next agenda, riclu(iing a Staff report outlining the