HomeMy WebLinkAboutAGENDA REPORT 1993 0505 CC REG ITEM 08BMOORPARK, CAIIF ^��.EM
of S 109,3
ACTION;
AGENDA REPORT d,, G
TO: The Honorable City Council By/--2!4,7
FROM: Jaime Aguilera, Director of Community Development�,-�
Prepared by Paul Porter, Senior Planner
DATE: April 13, 1993 (CC meeting of May 5, 1993)
SUBJECT: REVISIONS TO SECTION 8111 -8 (APPEALS) - TO THE CITY'S
ZONING ORDINANCE
Background
On February 24, 1993, the City Council discussed the proposed
changes to the City's Zoning Ordinance and directed staff to a)
prepare draft changes to the Ordinance prior to taking the matter
back to the Planning Commission for their review and b) Initiate
Council directed changes to the Ordinance immediately regarding: 1)
allowing some retail sales in the industrial zones, and 2)
requiring modifications to IPD's for churches requesting occupancy
to existing buildings and new IPD's on properties with no approved
IPD in the M -1 industrial zone. These proposed changes to the
Zoning Ordinance will be effective on May 7, 1993.
In reviewing the Zoning Ordinance, it appears additional verbiage
needs to be inserted in Section 8111 -8 clarifying when and by whom
the issuance of Zone Clearances may be appealed. It is staff's
opinion that this revision to the Ordinance should be done at this
time, rather than follow the same time frame as the other revisions
to the Ordinance which will be coming back to the Council in the
near future.
Discussion
Section 8111 -8 of the City's Zoning Ordinance states as follows:
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 $eta ;;( calendar days
after the alleged decision - making error, or on the following
work day if the fifteenth aii- 06t�� 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
PP04:13 :93f4:08pmA:\APPEAL.CC 1
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.
Based on a literal reading of this section of the Ordinance,
ministerial actions such as the issuance of a Zone Clearance may be
appealed by any aggrieved party. The Ordinance should clearly
state that such ministerial actions may not be appealed except by
the applicant of the Zone Clearance. The current writing of the
Ordinance states that anyone may appeal the issuance of a
ministerial action such as issuance of a Zone Clearance. This
means that all Zone Clearances must be held for fifteen "
i! days after the decision to approve in order to allow
fort e"filing of appeals. Therefore, staff has rewritten this
section so as to make it clear that only the applicant of a Zone
Clearance may appeal. Staff proposes the following change to
Section 8111 - 8.1 of the Zoning Ordinance.
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 s:n:?} calendar days
after the alleged decision -making error; or on the following
work day if the fifteenth a,�- �e���t day falls on a weekend or
ho 1 idav .i+�t
�4.�:aJ.QF?Xi. „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.
Recommendation:
Adopt the attached resolution directing the Planning Commission to
study, set a public hearing and provide a recommendation to the
City Council pertaining to the proposed change to the City's Zoning
Ordinance.
Attachment: Resolution initiating proceedings to revise the
Zoning Ordinance
PP04:13:9314:08pmA:\APPEAL.CC 2