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HomeMy WebLinkAboutAGENDA REPORT 1998 0624 CC SPC ITEM 05Ba, (off • '� :_ �P,� ITEM AGENDA REPORT CITY OF MOORPAIM CALIFORNIA City Council Meeting CITY OF MOORPARK Of — 2 N — 9 S ACTION: Ada j2 t TO: The Honorable City Council �`n A),P - 19 79 FROM: Nelson Miller, Director of Community Development' � 5 DATE: June 19, 1998 (For City Council Meeting of June 24, 1998) SUBJECT: Consider Potential Ballot Measures Relating to Preservation of Open -Space and Agricultural Uses and Creation of a Moorpark Urban Restriction Boundary and Special Tax Measures for Open Space Acquisition and Legal Defense Costs. DISCUSSION: At the City Council meeting of June 17, 1998, City Council reviewed and discussed the Ad Hoc Committee (Councilmembers Evans and Teasley) recommendations relating to potential ballot measures relating to Preservation of Open -Space and Agricultural Uses and Creation of a Moorpark Urban Restriction Boundary and Special Tax Measures for Open Space Acquisition and Legal Defense Costs. Councilmember Evans discussed a measure which was generally the same as the proposed SOAR initiative, but included modifications to the urban restriction boundary to reflect the planning area included in the 1992 General Plan update, changing the effective date of the measure to July 1, 1999, changing the term of the measure from twenty years to ten years to be more consistent with the County of Ventura Agriculture Policy Working Group (APWG) recommendations, making a change in the acreage from forty acres per property owner to an aggregate of 160 acres per year based upon any of the findings specified, and various wording changes to reflect a ballot measure rather than initiative, to be consistent with the above changes and to be more consistent with the language of the General Plan goals and policies. Attached to the draft resolution is a copy of the potential ballot measure incorporating these changes (Attachment 1A). Attachment 2 is a copy of this same draft measure shown in legislative format with strikeout for deletions and highlighting for additions indicating changes from the proposed SOAR initiative. Sections which are shown as strikeout and highlighted are sections which the proposed Soar initiative was deleting, but are to be retained by the proposed alternative measure. At the meeting of June 17, 1998, City Council continued to June 24, 1998, these potential measures for additional review and discussion. A copy of the proposed SOAR initiative is also attached as Attachment 3. C :\M \CCRPTS \SOAR6174. RPT Potential Ballot Measures City Council Report for June 24, 1998 Page 2 During its deliberations, the Ad Hoc Committee also requested staff to prepare two financing measures for Council consideration that could be placed on the ballot as well (Attachments 1B & 1 C). One of these measures would provide for a million dollars per year for ten years to purchase open space lands. This might provide for purchase of approximately 200 to 250 acres over a ten year period. The other measure would provide for funding of potential costs for defending a SOAR measure, which is estimated to cost as much as $500,000. Both of these measures were based upon a formula similar to the proposed parks maintenance measure. Should Council wish to place these measures on the ballot for the November election, the measures need to be acted on by June 24 and the final language needs to be delivered to the County on the morning of June 25, 1998. A resolution has been prepared and is attached for Council consideration to facilitate that. There are some corrections and minor modifications to the three potential measures which are attached to the resolution, from the potential measures which were considered on June 17, 1998. It was also suggested that the Council could adopt the proposed measure as recommended by the Ad Hoc Committee, instead of placing it on the ballot. Since this would involve an amendment to the General Plan, it would need to first be reviewed by the Planning Commission, with recommendations to the City Council. Also, since it would be adopted by the City, rather than a vote of the people, it would be subject to the California Environmental Quality Act (CEQA) and appropriate environmental documents would need to be prepared. If this is the direction, then City Council should direct staff to prepare a resolution directing initiation of a General Plan Amendment and directing the Planning Commission to hold public hearings and make recommendations to the City Council. RECOMMENDATION: Direct Staff as deemed appropriate. Attachments: 1. Draft Resolution Directing Placement of Ballot Measure: A. Preservation of Open -Space and Agricultural Uses and Creation of a Moorpark City Urban Restriction Boundary Measure B. Special Tax for Open Space Acquisition C. Special Tax for Legal Defense Costs 2. Preservation of Open -Space and Agricultural Uses and Creation of a Moorpark City Urban Restriction Boundary Measure shown in legislative format. 3. Save Open -Space and Agricultural Resources Moorpark City Urban Restriction Boundary Initiative, or Moorpark SOAR Initiative. CAM \CC RPTS \SOAR6174. RPT RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPAIM CALIFORNIA REQUESTING THE PLACEMENT OF CERTAIN MEASURES TO PRESERVE OPEN SPACE AND AGRICULTURAL USES AND ESTABLISH AN URBAN RESTRICTION BOUNDARY FOR THE CITY OF MOORPAIM AND TO FINANCE THE COSTS RELATED TO LAND ACQUISITIONS NECESSARY TO ADMINISTER SAID PRESERVATION, AND TO FINANCE THE COST OF POTENTIAL LITIGATION CREATED BY THE EXERCISE OF PRESERVATION ACTIONS, AND REQUESTING THAT THE CITY CLERK OF THE CITY OF MOORPARK CONSOLIDATE SAID REQUEST WITH A RESOLUTION OF THE CITY COUNCIL CALLING FOR THE CONDUCT OF A GENERAL MUNICIPAL ELECTION UPON THE GENERAL ELECTION ON NOVEMBER 3,1998 PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 3, 1998, for the election of municipal officers; and, WHEREAS, the City Council of the City of Moorpark, California, desires to submit to the voters of the City of Moorpark at a General Municipal Election a proposed ordinance related to the preservation of open space and agricultural uses and establishment of an urban growth boundary; and, WHEREAS, the City Council of the City of Moorpark has determined that the preservation of open space areas, protection of agricultural uses and limitation of urban growth to specific areas within the City's Area of Interest is a vital concern of the citizens of Moorpark; and, WHEREAS, the City Council appointed an Ad Hoc Committee to study these issues and make recommendations to the Council for its action; and, WHEREAS, the Ad Hoc Committee conducted public meetings to receive responses from interested parties and has caused the preparation of certain ballot measures for the consideration by the City Council; and, WHEREAS, the City Council has deliberated the recommendation of the Ad Hoc Committee to consider placing certain measures before the voters of the City of Moorpark relative to the preservation of open space and agricultural uses and establishing an urban growth boundary for the City and to finance acquisition and legal costs associated with such measures; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: ATTACHMENT 1 Section 1. That the City Clerk of the City of Moorpark is directed to file those ballot measures identified as: 1) City of Moorpark Preservation of Open Space and Agricultural Uses and Creation of a Moorpark City Urban Restriction Boundary; 2) Special Tax Measure For Open Space Acquisition, and 3) Special Tax Measure For Legal Defense Costs, for inclusion on the next General Municipal Election to be held within the City of Moorpark on November 3, 1998; Section 2. Copies of ballot measures shall be provided to the public upon approval as to form and substance by the City Attorney and the County Registrar. Section 3. The Call for General Municipal Election, Resolution No. of the City Council of the City of Moorpark, and this resolution shall be consolidated. Section 4. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED, AND ADOPTED THIS 17TH DAY OF JUNE, 1998. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk Attachments: PRESERVATION OF OPEN -SPACE AND AGRICULTURAL USES AND CREATION OF A MOORPARK CITY URBAN RESTRICTION BOUNDARY FULL TEXT OF RESOLUTION The people of the City of Moorpark do hereby ordain as follows: Section 1. Title. This measure shall be known as the Moorpark Preservation of Open -space And Agricultural Uses And Creation of a Moorpark City Urban Restriction Boundary measure. Section 2. Purpose and Findings. A. Purpose. The purpose of this measure is to adopt for the City of Moorpark an Urban Restriction Boundary. The Moorpark City Urban Restriction Boundary (Moorpark CURB) line has the following objectives: 1. To promote stability in long term planning for the City by establishing a cornerstone policy within the General Plan designating the geographic limits of long term urban development and allowing sufficient flexibility within those limits to respond to the City's changing needs over time; 2. To encourage efficient growth patterns and protect the City of Moorpark's quality of life by concentrating future development largely within existing planned areas consistent with the availability of infrastructure and services; 3. To promote on lands outside the Moorpark CURB line continuing natural resource and open space uses as defined in Government Code section 65560(b), such as preservation of natural resources, public and private outdoor recreation, uses that foster public health and safety, and productive investment for farming enterprises; 4. To manage the City's growth in a manner that fosters and protects the small town and semi -rural character of Moorpark while encouraging appropriate economic development in accordance with the City's unique local conditions; and 5. To allow the City to continue to meet its reasonable needs and requirements for all economic segments of the population, particularly low and moderate income households, by directing the development of housing into areas where services and infrastructure are more efficiently available. 6. To ensure that the preservation and protection of (1) open space, (2) environmentally sensitive habitat, and (3) agricultural production are inviolable against 1 ATTACHMENT 1A transitory short-term decisions and that watershed, viewshed, open space, and agricultural lands are not prematurely or unnecessarily converted to other non - agricultural or non -open space uses without public debate and a vote of the people. B. Findings. 1. Continued urban encroachment into open space, watershed, viewshed, or agricultural areas may threaten the public health, safety and welfare by causing increased traffic congestion, associated air pollution, and potentially serious water problems, such as pollution, depletion, and sedimentation of available water resources not only for the City but for its jurisdictional neighbors and may severely impact the viability of adjacent agricultural lands. Such urban encroachment may eventually result in both the unnecessary, expensive extension of public services and facilities and inevitable conflicts between urban, agricultural and open space uses. 2. The unique character of the City of Moorpark and quality of life of City residents depend upon the protection of a substantial amount of open space, rural and agricultural lands and their associated visual resources. The protection of such lands not only ensures the continued viability of agriculture, but also protects the available water supply and contributes to flood control and the protection of wildlife, environmentally sensitive areas, and irreplaceable natural and visual resources. As importantly adopting a geographic urban limit line around the City of Moorpark would promote the formation and continuation of a cohesive community by defining the boundaries and by helping to prevent urban sprawl Such a boundary would promote efficient municipal services and facilities by confining urban development to defined planned areas. 3. The protection of existing open- space, watershed, viewshed and agricultural lands, within and surrounding the City of Moorpark is of critical importance to present and future residents of the City of Moorpark. Agriculture has been and remains a major contributor to the economy of the Moorpark area and County of Ventura, directly and indirectly creating employment for many people and generating substantial tax revenues for the City and its surrounding area. 4. The City of Moorpark with its unique combination of soils, micro - climate and hydrology is a gate- keeper to Ventura County. 5. This initiative ensures that the Goals and Policies relating to Agriculture (Goal 11 and Policies 11.1 through 11.3) and Preservation of Environmental Quality (Goal 14 and 15) and Policies 14.* through 14.6 and Policies 15.1 through 15.3, 15.5, and 15.8 of the General Plan are inviolable against transitory short-term decisions and that agricultural, watershed and open space lands are not prematurely or unnecessarily converted to other non - agricultural or non -open space uses without public debate and a vote of the people. Accordingly, the measure requires that until December 31, 2009, the City of Moorpark shall, 2 with minor exceptions, limit the provision of urban services, and creation of urban uses, other than in certain circumstances and according to specific procedures set forth in the measure, to within the City Urban Restriction Boundary created by the measure. 6 The CURB is not intended to and shall in no way inhibit the Local Agency Formation Commission from changing or altering the Sphere of Influence line in accordance with state law. While the Sphere of Influence line may be altered by the Local Agency Formation Commission, and addresses the issue of annexation, the City Urban Restriction Boundary is a local planning policy addressing the issue of land uses and shall not be changed except as herein provided. Section 3. General Plan Amendment. The Moorpark Measure hereby inserts as "Section 8.0 ", et seq., to the Land Use Element of the City of Moorpark General Plan. the following: "8.0 MOORPARK CITY URBAN RESTRICTION BOUNDARY" Introduction The City of Moorpark has adopted an urban growth boundary line denominated the Moorpark City Urban Restriction Boundary (Moorpark CURB). Its purpose, principals, implementation procedures, and methodologies for amendment are set forth in this Section. 8.1 PURPOSE The City of Moorpark is a component of Ventura County and a gate- keeper to the surrounding area, with its unique combination of soils, micro - climate and hydrology. The purpose of the Moorpark CURB is: A. To promote stability in long term planning for the City by establishing a cornerstone policy within the General Plan designating the geographic limits of long term urban development and allowing sufficient flexibility within those limits to respond to the City's changing needs over time; B. To encourage efficient growth patterns and protect the City of Moorpark's quality of life by concentrating future development largely within existing planning areas consistent with the availability of infrastructure and services; C. To promote on lands outside the Moorpark CURB line continuing natural resource and open space uses as defined in Government Code section 65560(b), such as preservation of natural resources, public and private outdoor recreation, uses that foster public health and safety, and productive investment for farming enterprises; D. To manage the City's growth in a manner that fosters and protects the "small town" and semi -rural character of Moorpark while encouraging appropriate economic development in accordance with the City's unique local conditions; E. To allow the City to continue to meet its reasonable needs and requirements for all economic segments of the population, particularly low and moderate income households, by directing the development of housing into areas where services and infrastructure are more efficiently available; and F. To ensure that the preservation and protection of (I) open space, (2) environmentally sensitive habitat, and (3) agricultural production are inviolable against transitory short-term decisions and that watershed, viewshed, open space, and agricultural lands are not prematurely or unnecessarily converted to other non - agricultural or non -open space uses without public debate and a vote of the people. 8.2 PRINCIPLES. A. Continued urban encroachment into open- space, viewshed, watershed and agricultural areas may impair agriculture, negatively impact sensitive environmental areas, and intrude on open space irrevocably changing its beneficial utility. By diminishing such beneficial uses, urban encroachment may diminish the quality of life and threatens the public health, safety and welfare by causing increased traffic congestion, associated air pollution, alteration of sensitive lands in flood plains and causing potentially serious water problems, such as pollution, depletion, and sedimentation of available water resources not only for the City of Moorpark but for its jurisdictional neighbors. Such urban sprawl may eventually result in both the unnecessary, expensive extension of public services and facilities and inevitable conflicts between urban and open space agricultural uses. B. The unique character of the City of Moorpark and quality of life of City residents depend on the protection of a substantial amount of open space, watershed and agricultural lands. The protection of such lands through the implementation of this General Plan Amendment not only ensures the continued viability of agriculture, but also protects the available water supply and contributes to flood control and the protection of wildlife, environmentally sensitive areas, and irreplaceable visual and natural resources. As importantly, adopting a City Urban Restriction Boundary around the City of Moorpark will promote the formation and continuation of a cohesive community by defining the boundaries and by helping to prevent urban sprawl. Such a City Urban Restriction Boundary will promote efficient municipal services and facilities by confining urban development to defined development areas. 8.3 IMPLEMENTATION OF CURB A. The City of Moorpark hereby establishes and adopts a Moorpark City Urban Restriction 4 Boundary (Moorpark CURB) line. The City Urban Restriction Boundary is a local planning policy addressing the issue of land uses and shall not be changed except as herein provided. The Moorpark CURB shall be established coterminous with and in the same location as the Sphere of Influence line established by the Local Agency Formation Commission as it exists as of, June 24,1998 plus the Specific Plan 8 area described in the Land Use Element of the General Plan or as altered or modified pursuant to the Amendment Procedures set forth below. B. Until December 31, 2009, The City of Moorpark shall restrict urban services (except temporary mutual assistance with other jurisdictions) and urbanized uses of land to within the Moorpark City Urban Restriction Boundary, except as provided herein and except for the purpose of completing roadways designated in the circulation element of the Moorpark General Plan as of January 1,1999, construction of public potable water facilities, public schools, public parks or other government facilities. Other than for the exceptions provided herein, upon the effective date of this General Plan Amendment The City and its departments, boards, commissions, officers and employees shall not grant, or by inaction allow to be approved by operation of law, any general plan amendment, rezoning, specific plan, subdivision map, conditional use permit, building permit or any other ministerial or discretionary entitlement, which is inconsistent with the purposes of this Section unless in accordance with the Amendment Procedures of Section 8.4. C. "Urbanized uses of land" shall mean any development which would require the establishment of new community sewer systems or the significant expansion of existing community sewer systems; or, would result in the creation of residential lots less than 20 acres in area; or, would result in the establishment of commercial or industrial uses which are not exclusively agriculturally- related. D. The Moorpark City Urban Restriction Boundary may not be amended, altered, revoked or otherwise changed prior to December 31, 2009, except by vote of the people or by the City Council pursuant to procedures set forth in Section 8.4. E. Implementation of this measure will in no way preclude the Moorpark City Council from making land use decisions regarding lands inside the Moorpark City Urban Restriction Boundary. 8.4 AMENDMENT PROCEDURES Until December 31, 2009, the foregoing Purposes, Principles and Implementation provisions of this Section of the Land Use Element may be amended only by a vote of the people commenced pursuant to the electoral process by the public, or pursuant to the procedures set forth below: A. The City Council may amend the City Urban Restriction Boundary if it deems it to be in the public interest, provided that the amended boundary is within or coextensive with the limits of said City Urban Restriction Boundary. B. The City Council, following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may amend the City Urban Restriction Boundary in order to comply with State regulations regarding the provision of housing for all economic segments of the community, provided that no more than 10 acres of land may be brought within the CURB for this purpose in any calendar year. Such amendment may be adopted only if the City Council makes each of the following findings: 1) The City is in violation of State regulations regarding its fair share of housing stock. 2) The land is immediately adjacent to existing compatibly developed areas and the applicant for the inclusion of land within the Urban Restriction Boundary has provided to the City evidence that the Fire Department, Police Department, Department of Public Works, the Community Services Department, applicable water and sewer districts, and the School District with jurisdiction over such land have adequate capacity to accommodate the proposed development and provide it with adequate public services; and 3) That the proposed development will address the highest priority need identified in the analysis by which the City has determined it is not in compliance with State regulations, i.e., low and very low income housing; and 4) That there is no existing residentially designated land available within the Urban Restriction Boundary to accommodate the proposed development; and 5) That it is not reasonably feasible to accommodate the proposed development by redesignating lands within the Urban Restriction Boundary. C. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may amend the Urban Restriction Boundary described herein, if the City Council makes any of the following findings: 1) The land proposed for receiving urban services, urbanized land uses, or inclusion within the Urban Restriction Boundary is immediately adjacent to areas developed in a manner comparable to the proposed use; 2) Adequate public services and facilities are available and have the capacity and capability to accommodate the proposed use; 3) The proposed use will not have direct, indirect, or cumulative adverse significant impacts to the area's agricultural viability, habitat, scenic resources, or watershed value; 31 4) The proposed use will not adversely affect the stability of land use patterns in the area (i.e., the parcel affected will not introduce or facilitate a use that is incompatible with adjoining or nearby uses); 5) The land proposed for reception of public services, urbanization or inclusion within the Urban Restriction Boundary has not been used for agricultural purposes in the immediately preceding 2 years and is unusable for agriculture due to its topography, drainage, flooding, adverse soil conditions or other physical reasons; 6) The land proposed for reception of public services, urbanization or inclusion within the Urban Restriction Boundary does not exceed more than an aggregate of 160 acres. D. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may amend the CURB if the City Council makes each of the following findings: 1) Failure to amend the CURB would constitute an unconstitutional taking of a landowners property for which compensation would be required or would deprive the landowner of a vested right; and 2) The amendment and associated land use designations will allow additional land uses only to the minimum extent necessary to avoid said unconstitutional taking of the landowner's property or to give effect to the vested right. E. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may place any amendment to the Urban Restriction Boundary or the provisions of this measure on the ballot pursuant to the mechanisms provided by State Law. F. The City Council may amend the CURB line location to encompass lands contemplated for construction of public potable water facilities, public schools, public parks, or other government facilities, all uses exempted from the provisions of this General Plan Amendment by the provisions of Section 8.3, but only to the minimum amount reasonably necessary to accommodated said uses. G. The City Council may reorganize, renumber or reorder the individual provisions of the General Plan, including the provisions of this Section 8 sequence, in the course of ongoing updates of the General Plan in accordance with the requirements of state law. Section 4. Conforming Amendments. In light of the General Plan Land Use Element amendments set forth above, the City of Moorpark General Plan is hereby further amended as set forth below in order to promote internal consistency among the various elements of the General Plan. Text to be inserted into the General 7 Plan is indicated in bold italic type while text to be stricken is presented in strike threttgh type; text in standard type currently appears in the General Plan and remains unchanged by this initiative. Occasionally, ellipses [ * * *] are introduced to indicate significant blocks of text remain unchanged within a section. The language adopted in the following conforming amendments may be further amended as appropriate without a vote of the people in the course of future updates and revisions to the General Plan provided the same are not amended in such a manner as to create inconsistencies within the General Plan. 1. The last paragraph of Section 2.2 of the Land Use Element, at page 6 is amended as follows: The future development of lands surrounding the City boundary outside of the City Urban Restriction Boundary is to be discouraged and generally shall not be permitted in the absence a vote of the electorate. Other exceptions to this policy are found at Section 8.4. 2. Policy 2.1 of the Land Use Element at page 11 is amended as follows: The City shall strive to obtain and maintain sphere of influence boundaries consistent with the City Urban Restriction Boundary. 3. Goal 11 of the Land Use Element at page 16 is amended as follows: Identify and encourage the preservation of viable agricultural resources in the City and its Area of Interest. Unless property has not been used for agricultural purposes in the immediately preceding 2 years or is unusable for agriculture due to insufficient or inadequate water supply, topography, drainage, flooding, adverse soil conditions or other physical reasons, it shall be deemed viable. 4. Policy 11.1 of the Land Use Element at page 16 is amended as follows: An agricultural land use designation should be retained for farmlands within the City's Area of Interest, which have been identified as Prime and/or Statewide Importance unless the property has not been used for agricultural purposes in the immediately preceding 2 years or is unusable for agriculture due to insufficient or inadequate water supply, topography, drainage, flooding, adverse soil conditions or other physical reasons. as long as eeonomieally -viable. 5. Section 5.2 SPECIFIC PLAN DESIGNATION - SP, of the Land Use Element, at page 28, is amended as follows: Exhibits 3 and 4 of this document identify the location and the proposed land use mix of specific plan areas 1, 2, 9, and 10, which are within the existing City limits and specific plan area 8, which is within the unincorporated planning area. Specific plan area 3 (proposed E within the city limits) and specific plan areas 4, 5, 6, and 7 (proposed within the unincorporated planning area) were studied but were found not to be appropriate for urban development during the time period covered by this Land Use Element (year 2010 buildout) and were not approved. Specific plan areas 1, 2, 8, 9, and 10 have been delineated based on ownership, landform, and circulation considerations. 6. Planning Area Land Use Plan Map, City of Moorpark General Plan, Land Use Element Exhibit 4 is amended to demonstrate the Moorpark CURB line. 7. Section 5.2 SPECIFIC PLAN DESIGNATION - SP, of the Land Use Element, at page 35, at the subtitle "Planning Area Outside City Limits ", through page 37, comprising approximately 20 paragraphs, is unchanged and remains in effect. 8. Section 6.0 of the Land Use Element, LAND USE PLAN STATISTICAL SUMMARY, at page 38, is unchanged. 9.Table 3 of the Land Use Element at pages 39 -40 is unchanged. 10. Section 7.0 IMPLEMENTATION, of the Land Use Element, at Implementation Measure 16, at page 44, is amended as follows: 16. Ensure that all applications to the Ventura County Local Agency Formation Commission (LAFCO) to amend the City's Sphere of Influence boundary, are consistent with the approved Land Use Plan, and in particular the Moorpark City Urban Restriction Boundary, to allow for proper planning within the probable, ultimate physical boundaries and service area of the City. Section 5. Insertion Date A. This measure shall be deemed inserted as Section 8.0, et seq. of the Land Use Element of the City of Moorpark's General Plan as an amendment thereof, and the Conforming Amendments of Section 4 shall be appropriately inserted in the General Plan replacing the amended provisions on July 1, 1999. B. The City of Moorpark General Plan in effect at the time the Notice of Intention to circulate this measure was submitted to the City Clerk of Moorpark, and that General Plan as amended by this measure, comprise an integrated, internally consistent and compatible statement of policies for the City. In order to ensure that the City of Moorpark General Plan remains an integrated, internally consistent and compatible statement of policies for the City as required by state law and to ensure that the actions of the voters in enacting this measure are given effect, any provision of the General Plan that is adopted between the submittal date and the date that this measure is deemed inserted into the 6 General Plan, shall, to the extent that such interim - enacted provision is inconsistent with the General Plan provisions adopted by section 3 of this measure, be amended as soon as possible and in the manner and time required by State law to ensure consistency between the provisions adopted by this measure and other elements of the City's General Plan. In the alternative, such interim - enacted inconsistent provision shall be disregarded. Section 6. Severability. This measure shall be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub - section, sentence, clause, phrase, part, or portion of this measure is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. The voters hereby declare that this measure, and each section, sub - section, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, sub - sections, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this measure is declared invalid as applied to any person or circumstance, such invalidity shall not affect any application of this measure that can be given effect without the invalid application. This measure shall be broadly construed in order to achieve the purposes stated in this measure. It is the intent of the voters that the provisions of this measure shall be interpreted by the City and others in a manner that facilitates the confinement of urban uses thereby protecting agricultural, open space and rural lands, and preventing urban sprawl. Section 7. Amendment or Repeal. Except as otherwise provided herein, this measure may be amended or repealed only by the voters of the City of Moorpark at an election held in accordance with state law. Section 8. Competing Measures. In the event there are competing measures on the same ballot with this measure that purport to address the same subject matter of this measure, the following rules shall apply: If more than one such measure passes, then both measures shall go into effect except to the extent that particular provisions of one measure are in direct, irreconcilable conflict with particular provisions of another measure. In that event, as to those conflicting provisions only, the provisions of the measure which received the most votes shall prevail. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Citymgr /ParkSpecia: ORDINANCE NO. AN ORDINANCE OF THE PEOPLE OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A SPECIAL TAX FOR OPEN SPACE ACQUISITION WHEREAS, the City has historically relied upon development conditions and exactions to insure that certain properties are retained as natural open space; and WHEREAS, the City desires to acquire certain parcels of real property so as to insure they remain as open space; and WHEREAS, Proposition 218, in pertinent part, limits the imposition of most special assessments and requires that special taxes be approved by a two - thirds vote of the people; and WHEREAS, this ordinance provides for the enactment of a special property tax that will provide a stable source of revenues to fund the acquisition of real property for a period of ten years and in the approximate amount of one million dollars ($1,000,000.00) for each year; and WHEREAS, pursuant to Government Code sections 37100.5 and 50075 and the California Supreme Court decision in Heckendorn v. City of San Marino (1986) 42 Cal.3d 481, the City may propose for adoption by the voters a special tax on parcels of property for open space land acquisition purposes, provided that the tax rate is not applied to the assessed value of the property; .Tax. ATTACHMENT 1 B 1 NOW, THEREFORE, THE PEOPLE OF THE CITY OF MOORPARK DO HEREBY 2 ORDAIN AS FOLLOWS: 3 SECTION 1. Addition of Chapter 2,30. The Moorpark 4 Municipal Code is hereby amended by adding Chapter 3.30, entitled 5 6 "OPEN SPACE ACQUISITION SPECIAL TAX ", to read as follows: 7 "Chapter 3.30 8 OPEN SPACE ACQUISITION SPECIAL TAX 9 Sections: 10 3.30.010 Definitions. 11 12 3.30.020 Establishment of the special tax. 13 3.30.030 Purpose of the special tax. 14 3.30.040 Establishment of a special fund. 15 3.30.050 Collection of the special tax. 16 3.30.060 Exempt property. 17 18 3.30.070 Expiration of the special tax. 19 3.30.080 Amendment of this chapter. 20 113.30.010 Definitions. 21 As used in this chapter, the following words and 22 phrases shall have the following meanings: 23 "Acquisition" shall mean purchase of fee title, 24 25 easements or development rights or lease for twenty (20) years or 26 longer. 27 "City" shall mean the City of Moorpark. 28 Citymgr /ParkSpecialTax. 2 1 "City Council" shall mean the City Council of the City 2 of Moorpark. 3 "County" shall mean the County of Ventura. 4 "Land use classification" shall mean the use code that 5 6 is applied to a parcel of property located within the City 7 by the county assessor as of July 1 for the fiscal year in 8 which the special tax is imposed. 9 "Parcel of property" shall mean a unit of real property 10 as shown in the records of the county tax assessor as of 11 July 1 for the fiscal year in which the special tax is 12 13 imposed. 14 "Open Space" shall mean real property that would be 15 acquired by the city and that is intended by the city to 16 remain as open space as such is defined in Government Code 17 Section 65560 (b) (1) , (2) , (3) , or (4) . 18 19 "3.30 020 Imposition of the special tax 20 A. Annually, commencing with fiscal year 1999 -2000 and 21 ending with fiscal year 2008 -2009, a special tax shall be 22 imposed on each parcel of property within the city that is 23 classified as set forth in subsection B at the maximum rate 24 specified in subsection B. 25 26 B. The classifications and maximum rates shall be as 27 follows: 28 Citymgr /ParkSpecialTax. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Maximum Rate Land Use Category $79.80 Single Family Residence $59.85 Mobile Home and Trailer Parks; Residential Income (2 - 4 units); Condominium; Apartments (5+ units) - PER UNIT $116.51 Business: Petroleum and Gas; Auto Sales /Repair $232.22 Agricultural and Business: Poultry; Flowers /Seed Production; Orchards; Truck Crops; Pasture of Graze (Dry); Field Crops (Dry); Feed Lots; Tree Farms; Theater; Pasture (Permanent) $348.73 Retail Stores (Single Story); Store and Office (Combination); Banks /Savings and Loans; Industrial Condos /Co- Ops /PUDs; Office Building (Single Story); Mineral Processing; Service Stations; Restaurants /Cocktail Lounges $465.23 Warehousing $697.45 Retail Stores (Multi- Story); Office Stores (Multi - Story); $1161.89 Shopping Centers (Neighborhood) $1394.90 Light Manufacturing $3486.46 Shopping Centers (Regional) C. For any fiscal year that the special tax is in effect, the city council may, by resolution, levy the special tax at rates that are less than the maximum rates specified in subsection B, provided that all of the rates are adjusted proportionately, so that the relationship between the rates for the various classifications remains constant. A reduction in the rates for one fiscal year shall not prevent the City Council from levying the special tax at the maximum rates specified in subsection B for any Citymgr /ParkSpecialTax. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 one or more of the succeeding years. In no event may the City Council levy the special tax at rates that exceed the maximum rates specified in subsection B. D. The special tax imposed by this section shall be a flat dollar amount on the parcel and shall not be measured by the value of the property. 113.30.030 Purpose of the special tax The purpose of the special tax is to provide revenues to the city to pay for: 1. The costs associated with the acquisition of real property. The real property may either be in the City or in the City's "Area of Interest" as such is shown in the City's General Plan as of June 30, 1998; and 2. The costs associated with maintaining the properties acquired with the proceeds of this special tax; and 3. The costs of administering and enforcing the special tax, including refunds. "3.30.040 Establishment of a special fund A. A special fund, entitled the "Open Space Acquisition Special Tax Fund ", is hereby established. All of the revenues collected pursuant to this chapter shall be deposited into the special fund and that money and any Citymgr /ParkSpecialTax. 5 1 interest that accrues thereon shall be used exclusively for 2 the purposes specified in this chapter and for no other 3 purpose whatsoever. Any money in the special fund, 4 including accrued interest, that remains unencumbered at the 5 6 end of any fiscal year shall be used in succeeding fiscal 7 years only for the purposes specified in this chapter. 8 B. Nothing in subsection A. shall prevent 9 disbursements from the special fund to reimburse the general 10 fund if, and only if, money has been advanced from the 11 general fund to pay for the purposes provided for in this 12 13 chapter. 14 C. Nothing in Subsection A. shall prevent the 15 subsequent sale of any real property acquired with 16 any money from the special fund so long as the 17 proceeds of such sale are used for the purposes 18 19 provided for in this chapter. 20 113.30.050 Collection of the special tax 21 A. The city council shall provide for the collection 22 of the special tax imposed p p pursuant to this chapter in the 23 same manner, on the same dates, and subject to the same 24 25 penalties as, or with, other charges and taxes fixed and 26 collected by the city or by the county on behalf of the 27 city. If the special tax is collected by the county on 28 Citymgr /ParkspecialTax. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 behalf of the city, the county may deduct its reasonable costs incurred for the service before remitting the balance to the city. B. The special tax, together with all penalties thereon, shall constitute a lien upon the parcel of property against which it is levied until it has been paid in full, and the tax, together with all penalties thereon, shall constitute a personal obligation to the city until paid in full by the persons owning, claiming, possessing or controlling the parcel. 113.30.060 Exempt property. The special tax imposed by this chapter shall not be levied on any parcel of property that is owned by any federal, state or local governmental entity or on any other parcel of property if such levy would otherwise be in violation of the Constitution of the United States or the Constitution of the State of California. 113 30 070 Expiration of the special tax The special tax imposed by this chapter shall expire as of July 1, 2009 and this chapter shall be inoperative and shall have no effect on and after that date, unless imposition of the special tax beyond the 2008 -2009 fiscal year is sooner extended. Imposition of the special tax may Citymgr /ParkSpecialTax. 7 1 only be extended with the approval of the electorate by a 2 two - thirds vote, unless the applicable law at the time of 3 the election authorizes a lesser number of votes or does not 4 require a vote. 5 "3 -30 080 Amendment of the chapter. 6 7 The procedural provisions of this chapter may be 8 amended, from time to time, by an ordinance duly enacted by 9 a majority vote of the members of the City Council, provided 10 that the amendment is consistent with the intent of the 11 ordinance by which this chapter was originally enacted." 12 13 SECTION 2. Effective Date. This ordinance shall be adopted 14 if approved as an initiative measure by two - thirds (2/3) of the 15 electorate voting at an election to be held on November 3, 1998. 16 This ordinance shall be effective 10 days following the date upon 17 which the City Council declares by resolution the vote of the 18 19 general election held on November 3, 1998. 20 SECTION 3. Section Headings. All section headings 21 contained in this ordinance are for convenience of reference only 22 and are not intended to define or limit the scope of any 23 provision hereof. 24 SECTION 4. Severabilitx. If any section, subsection, 25 26 sentence, clause, phrase, part or portion of this ordinance is 27 for any reason held to be invalid or unconstitutional, such 28 Citymgr /ParkSpecialTax. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, phrases, parts and portions thereof. The people hereby declare that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part and portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. ADOPTED BY THE ELECTORATE AT THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 1998. Citymgr /ParkSpecialTax. — 9 ORDINANCE NO. AN ORDINANCE OF THE PEOPLE OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A SPECIAL TAX FOR LEGAL DEFENSE COSTS WHEREAS, the residents of the City of Moorpark will vote on one or more initiative measures at the November 3, 1998 election; and WHEREAS, the City is required by the laws of the State of California to defend any and all challenges against local voter approved initiatives; and WHEREAS, the City or Moorpark does not have sufficient funds available to pay for the legal costs that will result from court challenges to any initiative without negatively affecting the provision of City services; and WHEREAS, Proposition 218 was adopted as an initiative measure at the general election that was held on November 5, 1996; and WHEREAS, Proposition 218, in pertinent part, limits the imposition of most special assessments, and requires that special taxes be approved by a two- thirds vote of the people; and WHEREAS, this ordinance provides for the enactment of a. one time special property tax that will pay for the estimated cost of potential legal challenges to any initiative measure approved at the November 3, 1998 election; WHEREAS, pursuant to Government Code sections 37100.5 and 50075 and the California Supreme Court decision in Heckendom v. City of San Marino (1986) 42 Cal.3d 481, the City may propose for adoption by the voters a special tax on parcels of property for general purposes, provided that the tax rate is not applied to the assessed value of the property; NOW, THEREFORE, THE PEOPLE OF THE CITY OF MOORPARK DO HEREBY ORDAIN AS FOLLOWS: SECTION 1. Addition of Chapter 3.31, The Moorpark Municipal Code is hereby amended by adding Chapter 3.31, entitled "LEGAL DEFENSE SPECIAL TAX ", to read as follows: CitymgrlLegalDefenseCosts. 1 ATTACHMENT 1 C "Chapter - - - -- LEGAL DEFENSE SPECIAL TAX Sections: 3.31.010 Definitions. 3.31.020 Establishment of the special tax. 3.31.030 Purpose of the special tax. 3.31.040 Establishment of a special fund. 3.31.050 Collection of the special tax. 3.31.060 Exempt property. 3.31.070 Expiration of the special tax. 3.31.080 Amendment of this chapter. "3.31.810 Definitions. As used in this chapter, the following words and phrases shall have the following meanings: "City" shall mean the City of Moorpark. "City Council" shall mean the City Council of the City of Moorpark. "County" shall mean the County of Ventura. "Initiative Measures" shall mean any measure placed before the voters at the November 3, 1998 General Election that addresses the City's General Plan. "Land use classification" shall mean the use code that is applied to a parcel of property by the county assessor as of July 1 of the fiscal year in which the special tax is imposed. "Legal defense" shall mean all attorneys' fees, court costs and other direct costs associated with legal challenges to the S.O.A.R. initiative, including but not limited to the retention of expert witnesses and creation of an administrative record. "Parcel of property" shall mean a unit of real property as shown in the records of the county assessor as of July 1 of the fiscal year in which the special tax is imposed." "3.31.020 Imposition of the special tax. A. During the fiscal year following final disposition of any legal challenge to one or more Initiative Measures, a special tax shall be imposed on each parcel of property within the city that is classified as set forth in subsection B at the rate specified in subsection B. B. The classifications and maximum rates shall be as follows: Citymgr \LegalDefenseCosts. 2 Maximum Rate Land Use Classifications $40.00 Single Family Residence $30.00 Mobile Home and Trailer Parks; Residential Income(2 -4 Units); Condominium; Apartments(5+ Units) -PER UNIT Land Use Classifications Maximum Rate Business: Petroleum and Gas; Auto Sales /Repair $59.00 $116.00 Agricultural and Business: Poultry; Flowers /Sees Production; Orchards; Truck Crops; Pasture of Graze (Dry); Field Crops (Dry); Feed Lots; Tree Farms; Theater; Pasture (Permanent) $175.00 Retail Stores (Single Store); Store and Office (Combination); Banks /Savings and Loans; Industrial Condos/ Co- Ops /PUDs; Office Building (Single Store); Mineral Processing; Service Stations; Restaurants /Cocktail Lounges $233.00 Warehousing $349.00 Retail Stores (Multi- Store); Office Stores (Multi- Store) $580.00 Shopping Centers (Neighborhood) $698.00 Light Manufacturing $1,743.00 Shopping Centers (Regional) C. For the fiscal year that the special tax is in effect, the city council shall, by resolution, levy the special tax at rates that do not exceed the maximum rates specified in subsection B, provided that all of the rates are adjusted proportionately, so that the relationship between the rates for the various classifications remains constant. In no event may the city council levy the special tax at rates that exceed the maximum rates specified in subsection B. D. The special tax imposed by this section shall be a flat dollar amount on the parcel and shall not be measured by the value of the property. Citymgr\LegalDefenseCosts. 3 "3.31.030 Purpose of the special tax. The purpose of the special tax is to provide revenues to the city in an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) to pay for: 1. the costs associated with defending legal challenges to the initiative. 2. The costs of administering and enforcing the special tax, including refunds. "3.31.040 Establishment of a special fund. A. A special fund, entitled the "Legal Defense Special Tax Fund," is hereby established. All of the revenues collected pursuant to this chapter shall be deposited into the special fund and that money and any interest that accrues thereon shall be used exclusively for the purposes specified in this chapter and for no other purpose whatsoever. B. Nothing in subsection A shall prevent disbursements from the special fund to reimburse the general fund if, and only if, money has been advanced from the general fund to pay for the purposes provided for in this chapter. "3.31.050 Collection of the special tax. A. The city council shall provide for the collection of the special tax imposed pursuant to this chapter in the same manner, on the same dates, and subject to the same penalties as, or with, other charges and taxes fixed and collected by the city or by the county on behalf of the city. B. The special tax, together with all penalties thereon, shall constitute a lien upon the parcel of property against which it is levied until it has been paid in full, and the tax, together with all penalties thereon, shall constitute a personal obligation to the city until paid in full by the persons owning, claiming, possessing or controlling the parcel. "3.31.060 Exempt property. The special tax imposed by this chapter shall not be levied on any parcel of property that is owned by any federal, state or local governmental entity or on any other parcel of property if such levy would otherwise be in violation of the Constitution of the United States or the Constitution of the State of California. "3.31.070 Expiration of the special tax. The special tax imposed by this chapter shall be levied for one fiscal year only and shall expire after the one fiscal year in which the special tax levy is Citymgr \LegalDefenseCosts. 4 established by the city council. Imposition of the special tax may only be extended with the approval of the electorate by a two- thirds vote, unless the applicable law at the time of the election authorizes a lesser number of votes or does not require a vote. "3.31.080 Amendment of the chapter. The procedural provisions of this chapter may be amended, from time to time, by an ordinance duly enacted by a majority vote of the members of the city council, provided that the amendment is consistent with the intent of the ordinance by which this chapter was originally enacted." SECTION 2. Effective Date. This ordinance shall be adopted if approved as an initiative measure by two- thirds (2/3) of the electorate voting at an election to be held on November 3, 1998. This ordinance shall be effective 10 days following the date upon which the City Council declares by resolution the vote of the general election held on November 3, 1998. SECTION 3. Section Headings. All section headings contained in this ordinance are for convenience of reference only and are not intended to define or limit the scope of any provision hereof. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, phrases, parts and portions thereof. The people hereby declare that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part and portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. ADOPTED BY THE ELECTORATE AT THE GENERAL ELECTION HELD ON NOVEMBER 3, 1998. Citymgr\LegalDefenseCosts. 5 SSE PRESERVATION OF OPEN -SPACE AND AGRICULTURAL USES nnrGr4RGF AND CREATION OF A MOORPARK CITY URBAN RESTRICTION BOUNDARY FULL TEXT OF RESOLUTION The people of the City of Moorpark do hereby ordain as follows: Section 1. Title. This initiative measure shall be known as the Moorpark SSE PRESERVATION OF OPEN -SPACE AND AGRICULTURAL USES AND CREATION OF A MOORPARK CITY URBAN RESTRICTION BOUNDARY Saye Agriettitttral Resottrees, or Moorpark S0,6rR, initiative measure. Section 2. Purpose and Findings. A. Purpose. The purpose of this irtitiative measure is to adopt for the City of Moorpark an Urban Restriction Boundary. The Moorpark City Urban Restriction Boundary (Moorpark CURB) line has the following objectives: 1. To promote stability in long term planning for the City by establishing a cornerstone policy within the General Plan designating the geographic limits of long term urban development and allowing sufficient flexibility within those limits to respond to the City's changing needs over time; 2. To encourage efficient growth patterns and protect the City of Moorpark's quality of life by concentrating future development largely within existing developed planned areas consistent with the availability of infrastructure and services; 3. To promote on lands outside the Moorpark CURB line ongoing continuing natural resource and open space uses as defined in Government Code section 65560(b), such as preservation of natural resources, public and private outdoor recreation, uses that foster public health and safety, and productive investment for farming enterprises; 4. To manage the City's growth in a manner that fosters and protects the small town and semi -rural character of Moorpark while encouraging appropriate economic development in accordance with the City's unique local conditions; and 5. To allow the City to continue to meet its reasonable housing needs and requirements for all economic segments of the population, espeeially particularly low and moderate income households, by directing the development of housing into areas where services and infrastructure are more efficiently available. 6. To ensure that the preservation and protection of (1) open space, (2) environmentally sensitive habitat, and (3) agricultural production are inviolable against transitory short-term pelitieal decisions and that watershed, viewshed, open space, and agricultural lands are not prematurely or unnecessarily converted to other non - agricultural or non -open space uses without public debate and a vote of the people. ATTACHMENT 2 B. Findings. 1. Continued urban encroachment into open space, watershed, viewshed, or agricultural areas wild may threaten the public health, safety and welfare by causing increased traffic congestion, associated air pollution, and potentially serious water problems, such as pollution, depletion, and sedimentation of available water resources not only for the City but for its jurisdictional neighbors and may severely impact the viability of adjacent agricultural lands. Such urban encroachment weld may eventually result in both the unnecessary, expensive extension of public services and facilities and inevitable conflicts between urban, agricultural and open space uses. 2. The unique character of the City of Moorpark and quality of life of City residents depend on upon the protection of a substantial amount of open space, rural and agricultural lands and their associated visual resources. The protection of such lands not only ensures the continued viability of agriculture, but also protects the available water supply and contributes to flood control and the protection of wildlife, environmentally sensitive areas, and irreplaceable natural and visual resources. As importantly adopting a geographic urban limit line around the City of Moorpark would promote the formation and continuation of a cohesive community by defining the boundaries and by helping to prevent urban sprawl Such a boundary would promote efficient municipal services and facilities by confining urban development to defined development planned'' areas. 3. The protection of existing open- space, watershed, viewshed and agricultural lands, within and surrounding the City of Moorpark is of critical importance to present and future residents of the City of Moorpark. Agriculture has been and remains a major contributor to the economy of the Moorpark area and County of Ventura, directly and indirectly creating employment for many people and generating substantial tax revenues for the City and its surrounding area. 4. in parliettlar,,Tthe City of Moorpark with its unique combination of soils, micro - climate and hydrology is a gate- keeper to Ventura County and a to the suffounding afeft,. , Y ..... ,,......y — _, watefshed e the Tierra Relada Valley and aHttvial plains adjaeent to the Gity have aeltieve 5. This initiative ensures that the Goals and Policies relating to Agriculture (Goal 11 and Policies 11.1 through 11.3) and Preservation of Environmental Quality (Goal 14 and 15) and Policies 14.* through 14.6 and Policies 15.1 through 15.3, 15.5, and 15.8 of the General Plan are inviolable against transitory short-term politieal decisions and that agricultural, watershed and open space lands are not prematurely or unnecessarily converted to other non - agricultural or non -open space uses without public debate and a vote of the people. Accordingly, the initiative measure requires that until December 31, 242-0 2009, the City of Moorpark shall, with minor exceptions, limit the provision of urban services, and creation of urban uses, other than in certain circumstances and according to specific procedures set forth in the initiative measure, to within the City Urban Restriction Boundary created by the ittitiative measure. 6 of 4anttafy 1, 1998 th-e The CURB is not intended to and shall in no way inhibit the Local Agency 2 Formation Commission from changing or altering the Sphere of Influence line in accordance with state law. , one from the othef itt legal signifiettnee and purpose. While the Sphere of Influence line may be altered by the Local Agency Formation Commission, and addresses the issue of annexation, the City Urban Restriction Boundary is a local planning policy addressing the issue of land uses and shall not be changed except as herein provided. Section 3. General Plan Amendment. The Moorpark SOAR T--ve Measure hereby inserts as "Section 8.0 ", et seq., to the Land Use Element of the City of Moorpark General Plan. the following: "8.0 MOORPARK CITY URBAN RESTRICTION BOUNDARY" Introduction The 'crcct�wrnvr the City of Moorpark has ,adopted an urban growth boundary line denominated the Moorpark City Urban Restriction Boundary (Moorpark CURB). Its purpose, principals, implementation procedures, and methodologies for amendment are set forth in this Section. 8.1 PURPOSE in paftiett�, Tthe City of Moorpark with its unique combination of soils, micro - climate and hydrology is a gate- keeper to Ventura County The purpose of the Moorpark CURB is: A. To promote stability in long term planning for the City by establishing a cornerstone policy within the General Plan designating the geographic limits of long term urban development and allowing sufficient flexibility within those limits to respond to the City's changing needs over time; B. To encourage efficient growth patterns and protect the City of Moorpark's quality of life by concentrating future development largely within existing developed planning areas consistent with the availability of infrastructure and services; 3 M__ WWWAWWWWWMI ;- - WAVINI - The purpose of the Moorpark CURB is: A. To promote stability in long term planning for the City by establishing a cornerstone policy within the General Plan designating the geographic limits of long term urban development and allowing sufficient flexibility within those limits to respond to the City's changing needs over time; B. To encourage efficient growth patterns and protect the City of Moorpark's quality of life by concentrating future development largely within existing developed planning areas consistent with the availability of infrastructure and services; 3 C. To promote on lands outside the Moorpark CURB line angoin continuing natural resource and open space uses as defined in Government Code section 65560(b), such as preservation of natural resources, public and private outdoor recreation, uses that foster public health and safety, and productive investment for farming enterprises; D. To manage the City's growth in a manner that fosters and protects the "small town" and semi -rural character of Moorpark while encouraging appropriate economic development in accordance with the City's unique local conditions; E. To allow the City to continue to meet its reasonable loosing needs and requirements for all economic segments of the population, espeeially particularly low and moderate income households, by directing the development of housing into areas where services and infrastructure are more efficiently available; and F. To ensure that the preservation and protection of (I) open space, (2) environmentally sensitive habitat, and (3) agricultural production are inviolable against transitory short-term pelitieal decisions and that watershed, viewshed, open space, and agricultural lands are not prematurely or unnecessarily converted to other non - agricultural or non -open space uses without public debate and a vote of the people. 8.2 PRINCIPLES. A. Continued urban encroachment into open- space, viewshed, watershed and agricultural areas will may impair agriculture, negatively impact sensitive environmental areas, and intrude on open space irrevocably changing its beneficial utility. By diminishing such beneficial uses, urban encroachment a4so may diminishes the quality of life and threatens the public health, safety and welfare by causing increased traffic congestion, associated air pollution, alteration of sensitive lands in flood plains and causing potentially serious water problems, such as pollution, depletion, and sedimentation of available water resources not only for the City of Moorpark but for its jurisdictional neighbors. Such urban sprawl weu44-may eventually result in both the unnecessary, expensive extension of public services and facilities and inevitable conflicts between urban and open space agricultural uses. B. The unique character of the City of Moorpark and quality of life of City residents depend on the protection of a substantial amount of open space, watershed and agricultural lands. The protection of such lands through the implementation of this General Plan Amendment by iftitiative not only ensures the continued viability of agriculture, but also protects the available water supply and contributes to flood control and the protection of wildlife, environmentally sensitive areas, and irreplaceable visual and natural resources. As importantly, adopting a City Urban Restriction Boundary around the City of Moorpark will promote the formation and continuation of a cohesive community by defining the boundaries and by helping to prevent urban sprawl. Such a City Urban Restriction Boundary will promote efficient municipal services and facilities by confining urban development to defined development areas. 8.3 IMPLEMENTATION OF CURB A. The City of Moorpark hereby establishes and adopts a Moorpark City Urban Restriction Boundary (Moorpark CURB) line. The City Urban Restriction Boundary is a local planning policy 4 addressing the issue of land uses and shall not be changed except as herein provided. The Moorpark CURB shall be established coterminous with and in the same location as the Sphere of Influence line established by the Local Agency Formation Commission as it exists as of janttafy 4, 1 , June 24,1998 plus the Specific Plan 8 area described in the Land Use Element of the General Plan or as altered or modified pursuant to the Amendment Procedures set forth below. Grap4iie representation of that line is shown at Exhijbit "A,— B. Until December 31, 2828 2009, The City of Moorpark shall restrict urban services (except temporary mutual assistance with other jurisdictions) and urbanized uses of land to within the Moorpark City Urban Restriction Boundary, except as provided herein and except for the purpose of completing roadways designated in the circulation element of the Moorpark General Plan as of January 1, 498 1999, construction of public potable water facilities, public schools, public parks or other government facilities. Other than for the exceptions provided herein, upon the effective date of this General Plan Amendment The City and its departments, boards, commissions, officers and employees shall not grant, or by inaction allow to be approved by operation of law, any general plan amendment, rezoning, specific plan, subdivision map, conditional use permit, building permit or any other ministerial or discretionary entitlement, which is inconsistent with the purposes of this Section unless in accordance with the Amendment Procedures of Section 8.4. C. "Urbanized uses of land" shall mean any development which would require the establishment of new community sewer systems or the significant expansion of existing community sewer systems; or, would result in the creation of residential lots less than 20 acres in area; or, would result in the establishment of commercial or industrial uses which are not exclusively agriculturally- related. D. The Moorpark City Urban Restriction Boundary may not be amended, altered, revoked or otherwise changed prior to December 31, 2828 2009, except by vote of the people or by the City Council pursuant to procedures set forth in Section 8.4. E. Implementation of this initiative measure will in no way preclude the Moorpark City Council from making land use decisions regarding lands inside the Moorpark City Urban Restriction Boundary. 8.4 AMENDMENT PROCEDURES Until December 31, 2828 2009, the foregoing Purposes, Principles and Implementation provisions of this Section of the Land Use Element may be amended only by a vote of the people commenced pursuant to the =--motive electoral process by the public, or pursuant to the procedures set forth below: A. The City Council may amend the City Urban Restriction Boundary if it deems it to be in the public interest, provided that the amended boundary is within or coextensive with the limits of said City Urban Restriction Boundary. B. The City Council, following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may amend the City Urban Restriction Boundary in order to comply with State regulations regarding the provision of housing for all economic segments of the community, provided that no more than 10 acres of land may be brought within the CURB for this purpose in any calendar year. Such amendment may be adopted only if the City Council makes each of the following findings: 5 1) The City is in violation of State regulations regarding its fair share of housing stock. 2) The land is immediately adjacent to existing compatibly developed areas and the applicant for the inclusion of land within the Urban Restriction Boundary has provided to the City evidence that the Fire Department, Police Department, Department of Public Works, the Community Services Department, applicable water and sewer districts, and the School District with jurisdiction over such land have adequate capacity to accommodate the proposed development and provide it with adequate public services; and 3) That the proposed development will address the highest priority need identified in the analysis by which the City has determined it is not in compliance with State regulations, i.e., low and very low income housing; and 4) That there is no existing residentially designated land available within the Urban Restriction Boundary to accommodate the proposed development; and 5) That it is not reasonably feasible to accommodate the proposed development by redesignating lands within the Urban Restriction Boundary. C. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may amend the Urban Restriction Boundary described herein, if the City Council makes eae43 any of the following findings: 1) The land proposed for receiving urban services, urbanized land uses, or inclusion within the Urban Restriction Boundary is immediately adjacent to areas developed in a manner comparable to the proposed use; 2) Adequate public services and facilities are available and have the capacity and capability to accommodate the proposed use; 3) The proposed use will not have direct, indirect, or cumulative adverse significant impacts to the area's agricultural viability, habitat, scenic resources, or watershed value; 4) The proposed use will not adversely affect the stability of land use patterns in the area (i.e., the parcel affected will not introduce or facilitate a use that is incompatible with adjoining or nearby uses); 5) The land proposed for reception of public services, urbanization or inclusion within the Urban Restriction Boundary has not been used for agricultural purposes in the immediately preceding 2 years and is unusable for agriculture due to its topography, drainage, flooding, adverse soil conditions or other physical reasons; am4 6) The land proposed for reception of public services, urbanization or inclusion within the Urban Restriction Boundary does not exceed more than an aggregate of 49160 acres for an e landovvme in any calendar year., ftnd one 4andovmer's 1 from the proteetiotis eontemplated by this initiative measure mofe often tha-n evefy 6 D. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may amend the CURB if the City Council makes each of the following findings: 1) Failure to amend the CURB would constitute an unconstitutional taking of a landowners property for which compensation would be required or would deprive the landowner of a vested right; and 2) The amendment and associated land use designations will allow additional land uses only to the minimum extent necessary to avoid said unconstitutional taking of the landowner's property or to give effect to the vested right. E. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may place any amendment to the Urban Restriction Boundary or the provisions of this i "rgt atrve measure on the ballot pursuant to the mechanisms provided by State Law. F. The City Council may amend the CURB line location to encompass lands contemplated for construction of public potable water facilities, public schools, public parks, or other government facilities, all uses exempted from the provisions of this General Plan Amendment by the provisions of Section 8.3, but only to the minimum amount reasonably necessary to accommodated said uses. G. The City Council may reorganize, renumber or reorder the individual provisions of the General Plan, including the provisions of this Section 8 sequence, in the course of ongoing updates of the General Plan in accordance with the requirements of state law. Section 4. Conforming Amendments. In light of the General Plan Land Use Element amendments set forth above, the City of Moorpark General Plan is hereby further amended as set forth below in order to promote internal consistency among the various elements of the General Plan. Text to be inserted into the General Plan is indicated in bold italic type while text to be stricken is presented in type; text in standard type currently appears in the General Plan and remains unchanged by this initiative. Occasionally, ellipses [ * * *] are introduced to indicate significant blocks of text remain unchanged within a section. The language adopted in the following conforming amendments may be further amended as appropriate without a vote of the people in the course of future updates and revisions to the General Plan provided the same are not amended in such a manner as to create inconsistencies within the General Plan. 1. The last paragraph of Section 2.2 of the Land Use Element, at page 6 is amended as follows: The future development of lands surrounding the City boundary outside of the City Urban Restriction Boundary is to be discouraged and generally shall not be permitted in the absence a vote of the electorate. Other exceptions to this policy are found at Section 8.4.E adequate p4iie serviees atid infrastmeture. be extended to these afeas in eat��etioll with or to approval of aity development propas&]-s7. 7 2. Policy 2.1 of the Land Use Element at page 11 is amended as follows: The City shall strive to obtain and maintain sphere of influence boundaries consistent with the City Urban Restriction Boundary. The planned urban area on the adopted 17and �4se Plait 3. Goal l 1 of the Land Use Element at page 16 is amended as follows: Identify and encourage the preservation of viable agricultural resources in the City and its Area of Interest. Unless property has not been used for agricultural purposes in the immediately preceding 2 years a d or is unusable for agriculture due to insufficient or inadequate water supply, its topography, drainage, flooding, adverse soil conditions or other physical reasons, it shall be deemed viable. 4. Policy 11.1 of the Land Use Element at page 16 is amended as follows: An agricultural land use designation should be retained for farmlands within the City's Area of Interest, which have been identified as Prime and/or Statewide Importance unless the property has not been used for agricultural purposes in the immediately preceding 2 years aftw or is unusable for agriculture due to insufficient or inadequate water supply, its topography, drainage, flooding, adverse soil conditions or other physical reasons. as long as eeonofniettily viab 5. Section 5.2 SPECIFIC PLAN DESIGNATION - SP, of the Land Use Element, at page 28, is amended as follows: Exhibits 3 and 4 of this document identify the location and the proposed land use mix of specific plan areas 1, 2, 9, and 10, which are within the existing City limits and specific plan area 8, which is within the unincorporated planning area. Specific plan area 3 (proposed within the city limits) and specific plan areas 4, 5, 6, and 7 (proposed within the unincorporated planning area) were studied but were found not to be appropriate for urban development during the time period covered by this Land Use Element (year 2010 buildout) and were not approved. Specific plan areas 1, 2, 8, 9, and 10 have been delineated based on ownership, landform, and circulation considerations. 6. Planning Area Land Use Plan Map, City of Moorpark General Plan, Land Use Element Exhibit 4 is amended to demonstrate the Moorpark CURB line. , as well as to —delete the _..re_.._ees SP# eonsideration of development of Speeifie Plan 8 is abandoned. See Ex-hibit "B" to this initial'. 7. Section 5.2 SPECIFIC PLAN DESIGNATION - SP, of the Land Use Element, at page 35, at the subtitle "Planning Area Outside City Limits ", through page 37, comprising approximately 20 paragraphs, . is unchanged and remains in effect. ; - Ltozzit • -- - .. .: Will . . In ; .: . . . . . . . . . . . . . . . . .. -;:- Will . . In ; .: . . . . . . . . . . . . . . . . .. -;:- .: . . . . . . . . . . . . . . . . In : 13 = • : WE 1= : : ,j WON at the time of speeifte plait preparation or approval: • Section • of • Use Element, LAND USE PLAN STATISTICAL I • page • unchanged. I• ii• iii• i i iiii ........... _ i• ;� ii ;� �- - - •I i i ...... i 1 1 1 / i / •/ I I -/ Wv9w1Rrw1& / 1 ' 1 1 1 1 I �/ � I • ♦� �/ ♦• r � r I I I � /• i ........... / 10 • W. WW • _ _ __ _ _ _ _ _ �- �. ii �. i _ _ _ _ _ _ _ - - _•_ - i : i iii • • . • _ i : • _ _ i : i i _ Y_ - _ : i _ i i _ _ " won PINWORM ,j WON at the time of speeifte plait preparation or approval: • Section • of • Use Element, LAND USE PLAN STATISTICAL I • page • unchanged. I• ii• iii• i i iiii ........... _ i• ;� ii ;� �- - - •I i i ...... i 1 1 1 / i / •/ I I -/ Wv9w1Rrw1& / 1 ' 1 1 1 1 I �/ � I • ♦� �/ ♦• r � r I I I � /• i ........... / 10 11.Table 3 of the Land Use Element at pages 39 -40 is amended to i-efleet exktitrg an ptwposed developments through Mar, 1998; it is the pttrpose ofthis amendrneFA to eaftfa the table to the ttpproved and pending ehaftges in the Getteral Plan considetyd by this amen unchanged. 11 Mmorlin - ; ;: NIT •-- . . • .. . - - .. .. wo •; _ . _ • - .. ._ _. 0 ;_ ._ ., :. Pff 11.Table 3 of the Land Use Element at pages 39 -40 is amended to i-efleet exktitrg an ptwposed developments through Mar, 1998; it is the pttrpose ofthis amendrneFA to eaftfa the table to the ttpproved and pending ehaftges in the Getteral Plan considetyd by this amen unchanged. 11 10. Section 7.0 IMPLEMENTATION, of the Land Use Element, at Implementation Measure 16, at page 44, is amended as follows: 16. Ensure that all applications submit an applieatio to the Ventura County Local Agency Formation Commission (LAFCO) to amend the City's Sphere of Influence boundary, are consistent with the approved Land Use Plan, and in particular the Moorpark City Urban Restriction Boundary, to allow for proper planning within of the probable, ultimate physical boundaries and service area of the City. Section 5. Insertion Date A. This measure initiative, it shall be deemed inserted as Section 8.0, et seq. of the Land Use Element of the City of Moorpark's General Plan as an amendment thereof, and the Conforming Amendments of Section 4 shall be appropriately inserted in the General Plan replacing the amended provisions exeept, ifthe fi5tw amendments ofthe mandatory elements of the getteral plan permitted by state law for any gi-een ealendar year have already been tAilized in 1998, prior to the effeetive date of this . titiative, this General Plan amendment shall be deemed inserted in the Gity's General Pla". on 3an-ttar-Y July 1, 1999. B. The City of Moorpark General Plan in effect at the time the Notice of Intention to circulate this initiative measure was submitted to the City Clerk of Moorpark, and that General Plan as amended by this initiative measure, comprise an integrated, internally consistent and compatible statement of policies for the City. In order to ensure that the City of Moorpark General Plan remains an integrated, internally consistent and compatible statement of policies for the City as required by state law and to ensure that the actions of the voters in enacting this eve measure are given effect, any provision of the General Plan that is adopted between the submittal date and the date that this initiative measure is deemed inserted into the General Plan, shall, to the extent that such interim - enacted provision is inconsistent with the General Plan provisions adopted by section 3 of this ittitiative measure, be amended as soon as possible and in the manner and time required by State law to ensure consistency between the provisions adopted by this initiative measure and other elements of the City's General Plan. In the alternative, such interim - enacted inconsistent provision shall be disregarded. 12 Section 6. Severability. This eve measure shall be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub - section, sentence, clause, phrase, part, or portion of this initiative measure is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this initiative measure. The voters hereby declare that this initiative measure, and each section, sub - section, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, sub - sections, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this initiative measure is declared invalid as applied to any person or circumstance, such invalidity shall not affect any application of this initiative measure that can be given effect without the invalid application. This ittitiative measure shall be broadly construed in order to achieve the purposes stated in this i•'native measure. It is the intent of the voters that the provisions of this ittitiative measure shall be interpreted by the City and others in a manner that facilitates the confinement of urban uses thereby protecting agricultural, open space and rural lands, and preventing urban sprawl. Section 7. Amendment or Repeal. Except as otherwise provided herein, this i--tive measure may be amended or repealed only by the voters of the City of Moorpark at an election held in accordance with state law. Section 8. Competing Measures. In the event there are competing measures on the same ballot with this measure that purport to address the same subject matter of this measure, the following rules shall apply: If more than one such measure passes, then both measures shall go into effect except to the extent that particular provisions of one initiative measure are in direct, irreconcilable conflict with particular provisions of another :_tee measure. In that event, as to those conflicting provisions only, the provisions of the inifittte measure which received the most votes shall prevail. 13 RECEIVED MAR 10 1998 CITY OF MOORPARK CITY OF MOORPARK SAVE OPEN -SPACE AND AGRICULTURAL RESOURCES MOORPARK CITY URBAN RESTRICTION BOUNDARY Notice of Intent to Circulate Petition To the Honorable Clerk of the City of Moorpark: Notice is hereby given by the persons whose names appear hereon of their intention to circulate the petition within the City of Moorpark for the purpose of qualifying the petition for the November 3, 1998 ballot. A statement of the reasons of the proposed action as comtemplated in the petition is as follows: Prevention of urban sprawl, protection of open space and agricultural resources, and the maximization of infrastructure is a primary concern of the citizens of Moorpark. This initiative advances those objectives by requiring a vote of the citizens of the City for an expansion of urban land uses beyond the limits of the Moorpark City Urban Restriction Boundary (CURB) set forth in this initiative. Respectfully Submitted. March 6, 1998 11611 Pinedale Road Moorpark, CA 93021 o . qZ, . q2 y6e O. Thompson 166 Rivergrove Street Moorpark, CA 93021 ann Mikos 14371 East Cambridge Street Moorpark, CA 93021 ATTACHMENT 3 RECEIVED MAR 10 1998 - SAVE OPEN -SPACE AND AGRICULTURAL RESOURCES CITY OF MOORPARK MOORPARK CITY URBAN RESTRICTION BOUNDARY FULL TEXT OF RESOLUTION The people of the City of Moorpark do hereby ordain as follows: Section 1. Title. This initiative measure shall be known as the Moorpark Save Open -space and Agricultural Resources, or Moorpark SOAR, initiative. Section 2. Purpose and Findings. A. PuTose. The purpose of this initiative is to adopt for the City of Moorpark an Urban Restriction Boundary. The Moorpark City Urban Restriction Boundary (Moorpark CURB) line has the following objectives: 1. To promote stability in long term planning for the City by establishing a cornerstone policy within the General Plan designating the geographic limits of long term urban development and allowing sufficient flexibility within those limits to respond to the City's changing needs over time; 2. To encourage efficient growth patterns and protect the City of Moorpark's quality of life by concentrating future development largely within existing developed areas consistent with the availability of infrastructure and services; 3. To promote on lands outside the Moorpark CURB line ongoing natural resource and open space uses as defined in Government Code section 65560(b), such as preservation of natural resources, public and private outdoor recreation, uses that foster public health and safety, and productive investment for farming enterprises, 4. To manage the City's growth in a manner that fosters and protects the small town and semi -rural character of Moorpark while encouraging appropriate economic development in accordance with the City's unique local conditions; and 5. To allow the City to continue to meet its reasonable housing needs for all economic segments of the population, especially low and moderate income households, by directing the development of housing into areas where services and infrastructure are more efficiently available. 1 6. To ensure that the preservation and protection of (1) open space, (2) environmentally sensitive habitat, and (3) agricultural production are inviolable against transitory short-term political decisions and that watershed, viewshed, open space, and agricultural lands are not prematurely or unnecessarily converted to other non - agricultural or non -open space uses without public debate and a vote of the people. B. Findirngs. 1. Continued urban encroachment into open space, watershed, viewshed, or agricultural areas will threaten the public health, safety and welfare by causing increased traffic congestion, associated air pollution, and potentially serious water problems, such as pollution, depletion, and sedimentation of available water resources not only for the City but for its jurisdictional neighbors and severely impact the viability of adjacent agricultural lands. Such urban encroachment would eventually result in both the unnecessary, expensive extension of public services and facilities and inevitable conflicts between urban, agricultural and open space uses. 2. The unique character of the City of Moorpark and duality of life of City residents depend on the protection of a substantial amount of open space, rural and agricultural lands and their associated visual resources. The protection of such lands not only ensures the continued viability of agriculture, but also protects the available water supply and contributes to flood control and the protection of wildlife, environmentally sensitive areas, and irreplaceable natural and visual resources. As importantly, adopting a geographic urban limit line around the City of Moorpark would promote the formation and continuation of a cohesive community by defining the boundaries and by helping to prevent urban sprawl. Such a boundary would promote efficient municipal services and facilities by confining urban development to defined development areas. 3. The protection of existing open- space, watershed, viewshed and agricultural lands, within and surrounding the City of Moorpark is of critical importance to present and future residents of the City of Moorpark. Agriculture has been and remains a major contributor to the economy of the Moorpark area and County of Ventura, directly and indirectly creating employment for many people and generating substantial tax revenues for the City and its surrounding area. 4. In particular, the City of Moorpark is a component of Ventura County and a gate- keeper to the surrounding area, with its unique combination of soils, micro - climate and hydrology, which has become one of the finest growing regions in the world. Vegetable and fruit production from the County of Ventura and more particularly from the soils and silt from the Arroyo Simi, the entire Calleguas watershed area, the Tierra Rejada Valley and alluvial plains adjacent to the City have achieved international acclaim, enhancing the City's economy and reputation. 5. This initiative ensures that the Goals and Policies relating to Agriculture (Goal 11 and Policies 11.1 through 113) and Preservation of Environmental Quality (Goal 14 and 15) and Policies 14.1 through 14.6 and Policies 15.1 through 15.3, 15.5, and 15.8 of the General Plan 2 are inviolable against transitory short-term political decisions and that agricultural, watershed and open space lands are not prematurely or unnecessarily converted to other non - agricultural or non - open space uses without public debate and a vote of the people. Accordingly, the initiative requires that until December 31, 2020, the City of Moorpark shall, with minor exceptions, restrict the provision of urban services, and creation of urban uses, other than in certain circumstances and according to specific procedures set forth in the initiative, to within the City Urban Restriction Boundary created by the initiative. 6. Although established in the same location as the Sphere of Influence line as it exists as of January 1, 1998, the CURB is not intended to and shall in no way inhibit the Local Agency Formation Commission from changing or altering the Sphere of Influence line in accordance with state law. The two lines, although coincidentally coterminous as of one point in time are independent one from the other in legal significance and purpose. While the Sphere of Influence line may be altered by the Local Agency Formation Commission, and addresses the issue of annexation, the City Urban Restriction Boundary is a local planning policy addressing the issue of land uses and shall not be changed except as herein provided. Section 3. General Plan Amendment. The Moorpark SOAR Initiative hereby inserts as "Section 8.0 ", et sect., to the Land Use Element of the City of Moorpark General Plan, the following: "8.0 MOORPARK CITY URBAN RESTRICTION BOUNDARY Introduction The electorate of the City of Moorpark have, through the initiative process, adopted an urban growth boundary line denominated the Moorpark City Urban Restriction Boundary (Moorpark CURB). Its purpose, principals, implementation procedures, and methodologies for amendment are set forth in this Section. 8.1 PURPOSE The City of Moorpark and surrounding area, with its unique combination of soils, micro - climate and hydrology, has become one of the finest growing regions in the world. Vegetable and fruit production from the County of Ventura and in particular production from the soils and silt from the Arroyo Simi, the entire Calleguas watershed, the Tierra Rejada Valley, and alluvial plains adjacent to the City have achieved international acclaim, enhancing the City's economy and reputation. The purpose of the Moorpark CURB is: A. To promote stability in long term planning for the City by establishing a cornerstone policy within the General Plan designating the geographic limits of long term urban development and allowing sufficient flexibility within those limits to respond to the City's changing needs-over time; B. To encourage efficient growth patterns and protect the City of Moorpark's quality of life by concentrating future development largely within existing developed areas consistent with the availability of infrastructure and services; C. To promote on lands outside the Moorpark CURB line ongoing natural resource and open space uses as defined in Government Code section 65560(b), such as preservation of natural resources, public and private outdoor recreation, uses that foster public health and safety, and productive investment for farming enterprises; D. To manage the City's growth in a manner that fosters and protects the "small town" and semi -rural character of Moorpark while encouraging appropriate economic development in accordance with the City's unique local conditions; E. To allow the City to continue to meet its reasonable housing needs for all economic segments of the population, especially low and moderate income households, by directing the development of housing into areas where services and infrastructure are more efficiently available, and F. To ensure that the preservation and protection of (l) open space, (2) environmentally sensitive habitat, and (3) agricultural production are inviolable against transitory short-term political decisions and that watershed, viewshed, open space, and agricultural lands are not prematurely or unnecessarily converted to other non - agricultural or non -open space uses without public debate and a vote of the people. 8.2 PRINCIPLES. A. Continued urban encroachment into open- space, viewshed, watershed and agricultural areas will impair agriculture, negatively impact sensitive environmental areas, and intrude on open space irrevocably changing its beneficial utility. By diminishing such beneficial uses, urban encroachment also diminishes the quality of life and threatens the public health, safety and welfare by causing increased traffic congestion, associated air pollution, alteration of sensitive lands in flood plains and causing potentially serious water problems, such as pollution, depletion, and sedimentation of available water resources not only for the City of Moorpark but for its jurisdictional neighbors. Such urban sprawl would eventually result in both the unnecessary, expensive extension of public services and facilities and inevitable conflicts between urban and open space/ agricultural uses. 4 B. The unique character of the City of Moorpark and quality of life of City residents depend on the protection of a substantial amount of open space, watershed and agricultural lands. The protection of such lands through the implementation of this General Plan Amendment by initiative not only ensures the continued viability of agriculture, but also protects the available water supply and contributes to flood control and the protection of wildlife, environmentally sensitive areas, and irreplaceable visual and natural resources. As importantly, adopting a City Urban Restriction Boundary around the City of Moorpark will promote the formation and continuation of a cohesive community by defining the boundaries and by helping to prevent urban sprawl. Such a City Urban Restriction Boundary will promote efficient municipal services and facilities by confining urban development to defined development areas. 8.3 IMPLEMENTATION OF CURB A. The City of Moorpark hereby establishes and adopts a Moorpark City Urban Restriction Boundary (Moorpark CURB) line. The Moorpark CURB shall be established coterminous with and in the same location as the Sphere of Influence line established by the Local Agency Formation Commission as it exists as of January 1, 1998, or as altered or modified pursuant to the Amendment Procedures set forth below. Graphic representation of that line is shown at Exhibit "A ". B. Until December 31, 2020, the City of Moorpark shall restrict urban services (except temporary mutual assistance with other jurisdictions) and urbanized uses of land to within the Moorpark City Urban Restriction Boundary, except as provided herein, and except for the purpose of completing roadways designated in the circulation element of the Moorpark General Plan as of January 1, 1998, construction of public potable water facilities, public schools, public parks or other government facilities. Other than for the exceptions provided herein, upon the effective date of this General Plan Amendment the City and its departments, boards, commissions, officers and employees shall not grant, or by inaction allow to be approved by operation of law, any general plan amendment, rezoning, specific plan, subdivision map, conditional use permit, building permit or any other ministerial or discretionary entitlement, which is inconsistent with the purposes of this Section, unless in accordance with the Amendment Procedures of Section 8.4. C. "Urbanized uses of land" shall mean any development which would require the establishment of new community sewer systems or the significant expansion of existing community sewer systems, or, would result in the creation of residential lots less than 20 acres in area; or, would result in the establishment of commercial or industrial uses which are not exclusively agriculturally - related. D. The Moorpark City Urban Restriction Boundary may not be amended, altered, revoked or otherwise changed prior to December 31, 2020, except by vote of the people or by the City Council pursuant to the procedures set forth in Section 8.4. 5 E. Implementation of this initiative will in no way preclude the Moorpark City Council from making land use decisions regarding lands inside the Moorpark City Urban Restriction Boundary. 8.4 AMENDMENT PROCEDURES Until December 31, 2020, the foregoing Purposes, Principles and Implementation provisions of this Section of the Land Use Element may be amended only by a vote of the people commenced pursuant to the initiative process by the public, or pursuant to the procedures set forth below: A. The City Council may amend the City Urban Restriction Boundary if it deems it to be in the public interest, provided that the amended boundary is within or coextensive with the limits of said City Urban Restriction Boundary. B. The City Council, following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may amend the City Urban Restriction Boundary in order to comply with State regulations regarding the provision of housing for all economic segments of the community, provided that no more than 10 acres of land may be brought within the CURB for this purpose in any calendar year. Such amendment may be adopted only if the City Council makes each of the following findings: 1) The City is in violation of State regulations regarding its fair share of housing stock. 2) The land is immediately adjacent to existing compatibly developed areas and the applicant for the inclusion of land within the Urban Restriction Boundary has provided to the City evidence that the Fire Department, Police Department, Department of Public Works, the Community Services Department, applicable water and sewer districts, and the School District with jurisdiction over such land have adequate capacity to accommodate the proposed development and provide it with adequate public services; and 3) That the proposed development will address the highest priority need identified in the analysis by which the City has determined it is not in compliance with State regulations, i.e., low and very low income housing; and 4) That there is no existing residentially designated land available within the P Urban Restriction Boundary to accommodate the proposed development; and 5) That it is not reasonably feasible to accommodate the proposed development by redesignating lands within the Urban Restriction Boundary. C. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may amend the Urban Restriction Boundary described herein, if the City Council makes each of the following findings: 1) The land proposed for receiving urban services, urbanized land uses, or inclusion within the Urban Restriction Boundary is immediately adjacent to areas developed in a manner comparable to the proposed use; 2) Adequate public services and facilities are available and have the capacity and capability to accommodate the proposed use; 3) The proposed use will not have direct, indirect, or cumulative adverse significant impacts to the area's agricultural viability, habitat, scenic resources, or watershed value; 4) The proposed use will not adversely affect the stability of land use patterns in the area (i.e., the parcel affected will not introduce or facilitate a use that is incompatible with adjoining or nearby uses); 5) The land proposed for reception of public services, urbanization or inclusion within the Urban Restriction Boundary has not been used for agricultural purposes in the immediately preceding 2 years and is unusable for agriculture due to its topography, drainage, flooding, adverse soil conditions or other physical reasons, and 6) The land proposed for reception of public services, urbanization or inclusion within the Urban Restriction Boundary does not exceed 40 acres for any one landowner in any calendar year, and one landowner's property may not similarly be removed from the protections contemplated by this Initiative more often than every other year. Landowners with any unity of interest are considered one landowner for purposes of this limitation. D. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, 7 may amend the CURB if the City Council makes each of the following findings: _1) Failure to amend the CURB would constitute an unconstitutional taking of a landowners property for which compensation would be required or would deprive the landowner of a vested right, and 2) The amendment and associated land use designations will allow additional land uses only to the minimum extent necessary to avoid said unconstitutional taking of the landowner's property or to give effect to the vested right. E. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may place any amendment to the Urban Restriction Boundary or the provisions of this initiative on the ballot pursuant to the mechanisms provided by State Law. F. The City Council may amend the CURB line location to encompass lands contemplated for construction of public potable water facilities, public schools, public parks or other government facilities, all uses exempted from the provisions of this General Plan Amendment by the provisions of Section 8.3, but only to the minimum amount reasonably necessary to accommodated said uses. G. The City Council may reorganize, renumber or reorder the individual provisions of the General Plan, including the provisions of this Section 8 sequence, in the course of ongoing updates of the General Plan in accordance with the requirements of state law. Section 4. Conforming Amendments. In light of the General Plan Land Use Element amendments set forth above, the City of Moorpark General Plan is hereby further amended as set forth below in order to promote internal consistency among the various elements of the General Plan. Text to be inserted into the General Plan is indicated in hold italic type while text to be stricken is presented in str ,RethFoUgh type; text in standard type currently appears in the General Plan and remains unchanged by this initiative. Occasionally, ellipses [ * * *] are introduced to indicate significant blocks of text remain unchanged within a section. The language adopted in the following conforming amendments may be further amended as appropriate without a vote of the people in the course of future updates and revisions to the General Plan provided the same are not amended in such a manner as to create inconsistencies within the General Plan. L The last paragraph of Section 2.2 of the Land Use Element, at page 6 is amended as follows: E3 The future development of lands surrounding the City boundary outside of the City Urban Restriction Boundary is to be -discouraged and generally shall not he permitted in the absence of a note of the electorate. Other e-rceptions to this policy are . found at Section 8.4. 2. Policy 2.1 of the Land Use Element at page 11 is amended as follows: The City shall strive to obtain and maintain sphere of influence boundaries consistent with the City Urban Restriction Boundary. The planned urban aFea on the adopted Land Use Plan 3. Goal 11 of the Land Use Element at page 16 is amended as follows: Identify and encourage the preservation of viable agricultural resources in the City and its Area of Interest. Unless property has not been used for agricultural purposes in the immediately preceding 2 years and is unusable for agriculture due to its topography, drainage, flooding, adverse soil conditions or other physical reasons, it shall he deemed 1 able. 4. Policy 11.1 of the Land Use Element at page 16 is amended as follows: An agricultural land use designation should be retained for farmlands within the City's Area of Interest, which have been identified as Prime and /or Statewide Importance unless the property has not been used for agricultural purposes in the immediately preceding 2 years and is unusable for agriculture due to its topography, drainage, flooding, adverse soil conditions or other physical reasons. as long as eeenefnieallyy 5. Section 5.2 SPECIFIC PLAN DESIGNATION - SP, of the Land Use Element, at page 28, is amended as follows: Exhibits 3 and 4 of this document identify the location and the proposed land use mix of specific plan areas 1, 2, 9, and 10, which are within the existing City limits, and speeifie plan area 8, whieh is Specific plan area 3 (proposed within the city limits) and specific plan areas 4,5,6, and 7 (proposed within the unincorporated planning area) were studied 9 but were found not to be appropriate for urban development for the foreseeable future dafing the time pefied eeYeFed by this Land Use -Element o t (yea,. 2010 buil,�etto and were not approved. Ll Specific plan areas 1, 2, 8, 9, and 10 have been delineated based on ownership, landform and circulation considerations. 6. Planning Area Land Use Plan Map, City of Moorpark General Plan, Land Use Element Exhibit 4 is amended to demonstrate the Moorpark CURB line, as well as to delete the references to SP #8, Specific Plan No. 8 Boundary. "Exhibit 4" to the Land Use Element is amended to reflect that consideration of development of Specific Plan 8 is abandoned. See Exhibit "B" to this initiative. 7. Section 5.2 SPECIFIC PLAN DESIGNATION - SP, of the Land Use Element, at page 35, at the subtitle "Planning Area Outside City Limits ", through page 37, comprising approximately 20 paragraphs, addressing primarily "Specific Plan 8" is amended as follows: Planning Area Outside City Limits Specific plan areas 4, 5, 6, and 7 and 8 (proposed within the unincorporated planning area) were analyzed in conjunction with the updating of the Land Use Element, but were found to he outside the sphere of influence and outside of the CURB (See .Section 8 0, et seq.) and accordingly not to-be appropriate for urban development and were, therefore, not approved. 10 Specific Plan 8 (Deleted) REM RMI lam IWITC 11 8. Section 6.0 of the Land Use Element, LAND USE PLAN STATISTICAL SUMMARY, at page 38, is amended as follows: As identified on Table 3, a combined total of up to X1.12,511 dwelling units could be constructed in the overall planning area, based on maximum density estimates. The resulting buildout population for the Moorpark planning area would be approximately 40,856 34,280 persons, based on the County's 2.74 population dwelling unit factor for the year 2010. Note however that the resulting buildout for the Moorpark planning area would be approximately (a) 41, 799 persons, based on the California 12 Department of Finance Demographic Research Unit's "Ventura County Population and Housing Estimates "for Moorpark which nverage 3:341 persons per household for the years 1994 -1997 inclusive; or, (b) 40,785 persons, based on the "VCOG 2020 Population Per Dwelling Unit Ratio Forecast" for the City of ,Moorpark (3.26 persons per (h veiling unit). The Table 3 Buildout figures ivere calculated using the smaller county-)vide ratios and are considered a conservative population estimate for the City. 9. Table 3 of the Land Use Element at pages 39 -40 is amended below to delete SP 8 "Messenger ", its associated du, and total population figures. It is the purpose of this amendment to conform the table to the changes in the General Plan made by this amendment only. It is recognized that the City of Moorpark has passed certain resolutions amending the General Plan that would additionally affect the population figures set forth in Table 3, by virtue of the Carlsberg project (Permit # SP 92 -1, Resolution # 94 -1061 adding 147 dwelling units), the Bollinger project (Permit 494 -1, Resolution #96 -1197 adding 85 dwelling units); the SDI project (Permit # 95 -1, Resolution #96 -1222 deleting 1 dwelling unit); and the Jones project (Permit # 96 -2, Resolution #97 -1310 deleting 21 dwelling units). Notwithstanding those General Plan Amendments Table 3 has not been updated by the City. It is not the purpose of this conforming amendment to update Table 3 other than to reflect the amendments in this initiative. To the extent that the official city Table 3 should be modified as a result of Resolution Numbers 94 -1061, 96 -1197, 96 -1222, and 97 -1310, Table 3 continues to need modification. Table 3 LAND USE PLAN - STATISTICAL' SUMMARY City Unincorporated Total Planning Land Use Designation Area _ Area Area Combined * * * SP SPECIFIC PLAN* SP 8 MESSPIGEIR 4,200 ae 7,400 du 4,200 ae 2,4 * * * * * * TOTAL DWELLING UNIT_ S ** 12,51 1du 2,499 -da 12,511 du (At Buildout -Year 20 10) TOTAL POPULATION * ** 34,280 6,--1-76 34,280 40,856 (At Buildout -Year 20 10) 13 TOTAL CITY AREA ACRES (Approximate) 7,916 ac TOTAL UNINCORPORATED AREA ACRES (Approximate) -0- 4,2-W ac TOTAL PLANNING AREA COMBINED (Approximate) 7,916 12,116 ac [NOTE: fn * and fn * ** remain unchanged. fn ** is modified:] ** Residential Density calculations for specific plan areas are based on the maximum density. Section 5.2 of the Land Use Element allows the City Council to approve a density exceeding the maximum density, up to an identified density limit, if public improvements, public services, and /or financial contributions are provided that the City Council determines to be of substantial public benefit to the community. If the density limit is approved for SP's 1, 2, 9, and 10, and-&, the total dwelling units would increase from 14,911 12,511 to 16,291 13,070 and the total population would increase from 41,856 34,280 to 44-637 35,812 (these density limit estimates were used as the basis for determining the significance of impacts in the Final Environmental Impact Report and the Findings required by Section 15091 of CEQA). 10. Section 7.0 IMPLEMENTATION, of the Land Use Element, at Implementation Measure 16, at page 44, is amended as follows: 16. Ensure that all applications Submit an applieatien to the Ventura County Local Agency Formation Commission (LAFCO) to amend the City's sphere of influence boundary, are consistent with the approved Land Use Plan, and in particular the Moorpark City Urban Restriction Boundary, to allow for proper planning within of the probable, ultimate physical boundaries and service area of the City. 11. The last paragraph of Section 5.0 of the Circulation Element (Roadway Circulation Plan), at page 20 is amended as follows: Provision of an eastern extension of Broadway Road potentially connecting with Alamos Canyon Road and the SR -118 freeway to serve circulation needs of potential future deyeiepment agricultural, open space, or recreational uses in the portion of the planning area northeast of the city limits. 14 Section 5. Insertion Date A. Upon the effective date of this initiative, it shall be deemed inserted as Section 8.0, et seq. of the Land Use Element of the City of Moorpark's General Plan as an amendment thereof, and the Conforming Amendments of Section 4 shall be appropriately inserted in the General Plan replacing the amended provisions, except, if the four amendments of the mandatory elements of the general plan permitted by state law for any given calendar year have already been utilized in 1998, prior to the effective date of this initiative, this General Plan amendment shall be deemed inserted in the City's General Plan on January 1, 1999. B. The City of Moorpark General Plan in effect at the time the Notice of Intention to circulate this initiative measure was submitted to the City Clerk of Moorpark, and that General Plan as amended by this initiative measure, comprise an integrated, internally consistent and compatible statement of policies for the City. In order to ensure that the City of Moorpark General Plan remains an integrated, internally consistent and compatible statement of policies for the City as required by state law and to ensure that the actions of the voters in enacting this initiative are given effect, any provision of the General Plan that is adopted between the submittal date and the date that this initiative measure is deemed inserted into the General Plan, shall, to the extent that such interim - enacted provision is inconsistent with the General Plan provisions adopted by section 3 of this initiative measure, be amended as soon as possible and in the manner and time required by State law to ensure consistency between the provisions adopted by this initiative and other elements of the City's General Plan. In the alternative, such interim - enacted inconsistent provision shall be disregarded. Section 6. Severability. This measure shall be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub - section, sentence, clause, phrase, part, or portion of this measure is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. The voters hereby declare that this measure, and each section, sub - section, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, sub - sections, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this initiative is declared invalid as applied to any person or circumstance, such invalidity shall not affect any application of this measure that can be given effect without the invalid application. This initiative shall be broadly construed in order to achieve the purposes stated in this initiative. It is the intent of the voters that the provisions of this measure shall be interpreted by the City and others in a manner that facilitates the confinement of urban uses thereby protecting agricultural, open space and rural lands, and preventing urban sprawl. 15 Section 7. Amendment or Repeal. Except -as otherwise provided herein, this initiative may be amended or repealed only by the voters of the City of Moorpark at an election held in accordance with state law. Section 8. Competing Measures. In the event there are competing measures on the same ballot with this measure that purport to address the same subject matter of this measure, the following rules shall apply: If more than one such measure passes, the both measures shall go into effect except to the extent that particular provisions of one initiative are in direct, irreconcilable conflict with particular provisions of another initiative. In that event, as to those conflicting provisions only, the provisions of the initiative which received the most votes shall prevail. 16 AREA OF INTEREST 000 • TABLE OF CONTENTS CURRENT CITY LIMITS AND SPHERE OF INFLUENCE AND CURB LINE sees.•.•• AREAOFINTEREST wm. mm. VENTURA COUNTY LAND USE DESIGNATIONS FOR EXHIBIT B AREAS OUTSIDE THE CURRENT CITY LIMITS: ®EXISTING COMMUNITY (PER AREA PLAN OR COMMUNITY MAP) ® RURAL (1 ACRE +) ®AGRICULTURAL (40 ACRE +) OPEN SPACE{ (10 ACRE +) '1' 5 ACRES MINIMUM EXHIBIT 4 Planning Area Land Use Plan CITY OF MOORPARK GENERAL PLAN NO SPECIFIC SCALE