HomeMy WebLinkAboutAGENDA REPORT 1999 0721 CC REG ITEM 10E- 2- . tom
ITEM- 10. E.
CITY OF MOORPARK, CALIFORNIA
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FROM: Wayne Loftus, Acting Director of Community Development
Prepared by: John Libiez, Principal Planner''-.�'--
Date: July 9, 1999 (For CC Meeting of July 21, 1999)
SUBJECT: CONSIDER ADOPTION OF A RESOLUTION DIRECTING THE
PLANNING COMMISSION TO SET A PUBLIC HEARING AND
PROVIDE A RECOMMENDATION ON GENERAL PLAN AND ZONING
AMENDMENTS NECESSARY TO IMPLEMENT PROVISIONS OF VOTER
APPROVED MEASURE "S" UPON ALL LANDS WITHIN THE
BOUNDARIES OF SPECIFIC PLAN NO. 8, HIDDEN CREEK RANCH.
BACKGROUND:
At their June 2, 1999, meeting City Council requested that a
resolution be prepared for the July 21, 1999, meeting directing
the Planning Commission to consider appropriate amendments to
the General Plan and Zoning Code related to implementing
provisions of voter approved Measure "S" (SOAR) within the
Specific Plan No. 8 area. Adoption of the attached resolution
will direct the Planning Commission to initiate the appropriate
study, and hearings in order to amend the General Plan and
Zoning Code as needed to properly address provisions of the
Measure "S" Initiative.
DISCUSSION:
The attached Resolution for Council consideration will direct
the Planning Commission to consider changes to the General Plan
and establishment of appropriate uses and designations upon
those lands within the Hidden Creek Ranch Specific Plan
(Specific Plan No. 8) area necessary to provide consistency with
the adopted voter initiative.
STAFF RECOMMENDATION:
Adopt Resolution 99-
ATTACHMENT: A. Resolution 99-
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RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, DIRECTING THE PLANNING
COMMISSION TO STUDY, SET A PUBLIC HEARING AND PROVIDE
A RECOMMENDATION TO THE CITY COUNCIL PERTAINING TO
AMENDMENTS TO THE GENERAL PLAN AND ZONING CODE RELATED
TO THOSE PROPERTIES CONTAINED WITHIN THE BOUNDARIES OF
SPECIFIC PLAN NO. 8 /HIDDEN CREEK RANCH NECESSARY TO
BRING SAID PROPERTIES INTO CONSISTENCY WITH INITIATIVE
MEASURE "S" ADOPTED BY THE VOTERS OF THE CITY OF
MOORPARK ON JANUARY 12, 1999.
WHEREAS, Section 65350 et. seq. of Article Six of the
Government Code of the State of California provides the
authority to cities to amend an adopted General Plan, subject to
the procedure as contained in such Article; and
WHEREAS, Section 17.60.020 of the Municipal Code provides
that the City Council may initiate proceedings to consider
amendments to the Zoning Code by the adoption of a resolution of
intention requesting the Planning Commission to set the matter
for study, public hearing, and recommendation within a
reasonable time.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council does hereby authorize
the initiation of proceedings to consider amendments to the
General Plan, Zoning Map and Zoning Code of the City of
Moorpark, for the purpose of considering and establishing land
use designations, zoning districts and other appropriate
provisions consistent with the voter adopted initiative, Measure
"S" (SOAR), that may be necessary to implement Measure "S" as it
may apply to those properties incorporated within the boundary
of Specific Plan No. 8, Hidden Creek Ranch.
SECTION 2. That
directed to study, set
recommendation to the
amendments to the City of
as specified within Secti
voter adopted initiative
the Planning Commission is hereby
a public hearing, and provide a
City Council pertaining to those
Moorpark General Plan and Zoning Code,
on 1 above, necessary to implement the
measure, Measure "S" (SOAR) upon all
ATTACHMENT A
000027
Resolution No. 99-
Page 2
properties incorporated within the boundary of Specific Plan No.
8, Hidden Creek Ranch.
SECTION 3. The City Clerk shall certify to the adoption
of this resolution and shall cause a certified resolution to be
filed in the book of original resolutions.
PASSED AND ADOPTED this 21st day of July, 1999.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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MESSENGER INVESTMENT COMPANY
ITEM
959 South Coast Drive
Suite 490
Costa Mesa, CA 92626
Tel: 714/546 -1300
Fax: 714/546 -1050
FACSIMILE COVER LETTER
DATE: July 21, 1999
TO: Blanca
City Council
FAX TEL: (805)529 -8270
FROM: Bruce Peotter
TOTAL NUMBER OF PAGES 3 (INCLUDING THIS PAGE).
IF THERE IS A PROBLEM WITH THE TRANSMISSION OF THIS FAX, PLEASE
NOTIFY SENDER AT 714/546 -1300.
COMMENTS:
CC ACC /
JUL 21 199 17 36 714 546 1050 PAGE.01
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HIDDEN
CREEK
RANCH
July 21, 1999
VIA TELECOPIER & FEDERAL EXPRESS
The Honorable Patrick Hunter, Mayor
and Members of the City Council Members
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Re: Consideration of Adoption Directing City Planning Commission to Initiate General
Plan and Zoning Amendments for Implementation of Voter Approved Measure "S"
Within the Boundaries of Specific Plan No. 8
Dear Mayor Hunter and City Council Members:
This communication comments on your proposed consideration of the adoption of a
resolution directing the Planning Commission to initiate proceedings on General Plan and City
Zoning Code Amendments necessary to implement the provisions of voter approved Measure "S"
on all those lands within the boundaries of Specific Plan No. 8, Hidden Creek Ranch ( "Subject
Property ").
As owners of the Subject Property we believe the initiation of such an action is the first step
by the City Council in eliminating any viable economic use of the property as currently exists, or as
may be subsequently confirmed by litigation involving the Subject Property.
Therefore, we believe that careful consideration of the proposal is warranted by your
Council as ultimate adoption and implementation would result in a claim for compensation under
both state and federal law for an unauthorized taking, as there would be no viable economic use of
the property.
We further note that the implementation procedure including this action is a project under
the California Environmental Quality Act which should be assessed for its impact on the physical
environment and related economic impacts.
We believe the two page Staff Summary currently advanced in support of the proposed
adoption and action by your Council does not deal with the legal and financial implications
advanced by this communication and the internal consistency that such an action may have with
respect to the City's General Plan and its obligation to continue to generate all levels of housing
opportunities.
959 SOUTH COAST DRIVE, SUITE 490,
COSTA MESA, CALIFORNIA 92626
TELEPHONE: 714/546 -1300
FAX: 714/2546 -1050
JUL 21 '99 17 37 714 546 1050 PAGE.02
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Page 2 July 21, 1999
Your review and consideration of this matter is respectfully requested.
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