The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 1993 0721 CC REG ITEM 09AV-01 ITEM 9• A AGENDA REPORT The Honorable City Council Jaime Aguilera, Director of Community Development,�y Prepared by Paul Porter, Senior Planner June 28, 1993 (CC meeting of July 21, 1993) SDA7ECT: REVISIONS TO SECTION 8111 -8 (APPEALS) - TO THE CITY'S I ZONING ORDINANCE Backaround At the City Council meeting of May 5, 1993, the City Council dir cted the Planning Commission to study, set a public hearing and pro ide a recommendation to the City Council pertaining to the pro osed changes to Section 8111 -8 of the City's Zoning Ordinance. At Cit fol to :he Planning Commission hearing of June 7, 1993, the Planning fission adopted Resolution No. PC -93 -278 recommending that the Council make modifications to the City's Zoning Ordinance as .ows in order to clarify certain sections of the Ordinance and getter fit the needs of the City: zne <run s er al App�va; . ;lncluaea wiLnin Lnis 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. PP06 :* :93 112 :23pmA: \APEL.CC 1 Ba Or Cl ve ma mi th Re 1. 2. 3. �d on a literal reading of the existing section of the Lnance, ministerial actions such as the issuance of a Zone 3rance may be appealed by any aggrieved party. The additional Aage clarifies when and by whom the issuance of Zone Clearances be appealed. The Ordinance as revised states that such isterial actions may not be appealed except by the applicant of Zone Clearance. Attl tions: Open the public hearing, accept public testimony, and close the public hearing. Determine that the modifications to the City's Zoning Ordinance is categorically exempt pursuant to State CEQA Guidelines pursuant to 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. Introduce the Ordinance for first reading. ichments: 1. Planning Commission Resolution No. PC 93 -278 2. Draft Ordinance PP06:2 #:93 122:23pmA: \APEL.CC 2 RESOLU'T'ION NO. PC -93 -278 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA APPROVING RECOMMENDATION TO THE CITY COUNCIL PERTAINING TO THE PROPOSED CHANGES TO THE CITY'S ZONING ORDINANCE SECTION 8111- 8.1 - APPEALS. Whereas, on February 20 1991, the City Council rescinded the previous Zoning Ord nance as well as Ordinance Nos. 74 (Parking/Setbacks), 76 (Maximum Density), 113 (Si ), 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 -ations. and Whereas, in using the Ordinance, staff has noted that there has been a need to make minor modifications in order to clarify certain sections of the Ordinance and to fit the needs of the City; and Whereas, Section 8115 -1.1. a of Article 15 of Division 8, Chapter 1 of the Municipal Cod provides that the City Council may initiate proceedings to consider amendments to the oning Code by the adoption of a resolution of intention requesting the Planning Conimission to set the matter for study, public hearing, and recommendation within a reas nable time; and Whereas, on May 5, 1993, the City Council directed the Planning Commission to stud , set a public hearing and provide a recommendation to the City Council pertaining to S ction 8111 -8 et. seq. of the Zoning Ordinance; and Whereas, at a duly noticed hearing on ,Tune 21, 1993, the Planning Commission held a pu lic hearing on this matter; and Whereas, the Planning Commission determined that the modifications to the City's Zoni ig Ordinance is categorically exempt pursuant to State CEQA Guidelines pursuant to Secti n 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. NOW, T �EREFORE, THL'. PLANNING COMMISSION OF THE CITY OF MO ARK, CALIFORNIA, DOf-S RF.SOIXF. AS FOLLOWS: Res lution No. PC -93 -278 Pa 2 SECTION 1. On June 21, 1993, the Planing Commission studied, held a public hea g, and recommended the City Council make the attached modifications to the City's Zoning Ordinance in order to clarify certain sections of the Ordinance and to better fit the neec s of the City. the lSECTION 2. That the Planning Commission recommends that the City Council for ity of Moorpark: filed %1 811 of t Plar a W a. That the modifications to the City's Zoning Ordinance is categorically exempt pursuant to State CEQA Guidelines pursuant to 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. b. The City Council make modifications to the City's Zoning Ordinance as found in Section 3 as recommended by the Planning Commission in order to clarify certain sections of the Ordinance and to better fit the needs of the City. SECTION 3. Sec. 8111-8.1 - General - An application for an appeal concerning any requirement, permit, or decision made in the administration of this Chapter may be by an aggrieved party within sixteen (16) calendar days after the alleged decision - g error, or on the following work day if the sixteenth day falls on a weekend or ay. Approval of a 'Lone Clearance or other ministerial approvals are not appealable than by the applicant of the Ministerial Approval. Included within this Section are is of the Planning Director's refusal to accept or process an application until the ant paid all outstanding fees and charges in accordance with Sections 8111 -3.1, -3.9 and 8220. Decisions made regarding enforcement reports, which are not a part is Chapter, are not appealable. In hearing and deciding such an appeal of the r.ng Director's refusal, the Planning Commission shall consider the correctness of the lit of the outstanding debt or charge and whether the debt or charge is owed by the lant, if such issues are raised by the .appellant. PASSED, APPROVED, AND ADOPTED 'PHIS 21ST DAY OF JUNE, 1993. AYES: Wesner, 'Torres, Brodsky, Miller and May NOES: None. rd LaFleur, Secretary Chairman: Michael 14. Wesner Jr. ST TE OF CALIFORNIA ) SS CO NTY OF VENTURA ) I, lia LaFleur, do hereby certify that I am the secretary of the Planning Commission of the City of Moorpark, California and that the. foregoing resolution was duly adopted on _ J ne 21 1993 by the following vote: A Ayes: Wesner, "Torres, Brodsky, Miller and May Noes: i LaFleur, Secretary SEC ION 6. The City Clerk shall certify to the passage and ado tion of this Ordinance; shall enter the same in the book of on final ordinances of said city; shall make a minute of the pas age and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and sha 1, within fifteen (15) days after the passage and adoption the eof, cause the same to be published once in the Moorpark News, a ekly newspaper of general circulation, as defined in Section 600 of the Government Code, for the City of Moorpark, and which is her by designated for that purpose. PASPED, APPROVED AND ADOPTED this day of , 1993. Paul W. Lawrason, Jr. Mayor :ST: Li Van E. Hare Ci Clerk PP06428:93111:23pmA: \APEL.cc 7