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HomeMy WebLinkAboutAGENDA REPORT 1999 0818 CC REG ITEM 10HTo. From: Date: AGENDA REPORT City of Moorpark Honorable City Council ITEM _ �L -L:_ k 1tv Coune;i :Meeting of AC11i)N 'nom Wayne Loftus, Acting Director of Community Developmenvwwe August 10, 1999 (City Council Meeting of 8/18/99) Subject: CONSIDER RECONSIDERATION OF THE VOTE TO ADOPT RESOLUTION NO.99 -1637 AND ADOPT REVISED 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 July 9, 1999, meeting the City Council adopted Resolution No. 99 -1637 (Attachment D) 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. During the Council discussion of the proposed resolution, public comment was offered concerning specific language requested to be incorporated into the document. City Council adopted the resolution in the form that had been submitted by Staff but requested review by the City Attorney concerning the language offered by the public speaker. DISCUSSION On July 9, 1999, the City Council asked that the City Attorney evaluate the language proposed by Roseann Mikos who addressed the provisions of the proposed Resolution to direct the Planning Commission concerning Measure "S" (SOAR). Specifically, the speaker requested that(See Attachment B): 00027S Honorable City Council August 10, 1999 Page 2 • California, Government Code Section 65860 (C) (Attachment C) be referenced relating to amendment of the zoning ordinance to be consistent with the General Plan. • Requested more specific language relating to the lack of consistency of the Zoning code and Ordinance No. 244 (Adopted Specific Plan No. 8 and the development standards) and the passage of the SOAR Initiative, and including reference to considering amendments to the Zoning Map and Zoning Code in the General Plan • Recommended substituting the word "implement" for the word "enforce" in Section 2 of the Resolution and substituting the word "situated" for the word "incorporated" in Sections 1 and 2 of the Resolution. The City Attorney has evaluated the recommended wording changes presented to the City Council on July 21, 1999, concerning the subject resolution and has concluded that the wording change noted below is minor in nature and is not necessary. However it is at Council's discretion if the change is viewed as desired. • Substitute the word "situated" for the word "incorporated" in Sections 1 and 2 of the Resolution approved by the City Council on July 21, 1999. The City Attorney's conclusion and recommendation is that the Resolution as adopted by City Council on July 21, 1999, is adequate to give direction to the Planning Commission concerning future implementation of provisions approved through Measure "S ". Substituting the word "situated" in the resolution for the word "incorporated" may be preferred wording but is not required from a legal perspective. Additionally, the other proposed changes in the view of the City Attorney add no enhanced meaning to the direction being given by the City Council and because of the more specific nature of the words proposed, may hamper the effort that the City Council has directed. Reference to the California Government Code Section 65860 (C) is not necessary and Ordinance No. 244 was not part of the Initiative measure. The requested inclusion relating to the "Zoning Map and Zoning Code" as part of the "General Plan" in the sentence that relates to the documents that are to be amended is not accurate. The use of the word "implement" in the resolution (speaker suggested M: \KSchmidt \M \City Council Agenda Reports \CC - 990818 HIDDEN CREEK.doc 0002769 Honorable City Council August 10, 1999 Page 3 enforce) is consistent with phrasing used in the planning process to place a proposed action or process into motion. As written the existing Resolution attached to this agenda report is worded appropriately for the Planning Commission to carry out the direction and intent of the City Council. STAFF RECOMMENDATIONS 1. Consider reconsideration of the vote to adopt City Council Resolution No. 99 -1637; 2. Leave Resolution No. 99 -1637 in place. ATTACHMENTS A. Resolution No. 99 -1637 B. Draft Minutes excerpt 7 -21 -99 C. Government Code Section 65860 M: \KSchmidt \M \City Council Agenda Reports \CC - 990818 HIDDEN CREEK.doc O O O 2 E 0 RESOLUTION NO. 99 -1637 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. directed to study, recommendation to That the Planning Commission is hereby set a public hearing, and provide a the City Council pertaining to those amendments to the City of Moorpark General Plan and Zoning Code, as specified within Section 1 above, necessary to implement the voter adopted initiative measure, Measure "S" (SOAR) upon all properties incorporated within the boundary of Specific Plan No. 8, Hidden Creek Ranch. ATTACHMENT" A 11 0002S1 Resolution No. 99 -1637 Page 2 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 M:\ JLibiez\ M\ Sp- 8\ SP8SoarConsistencyccreso991637 .doc 0 0 0 2 5 2 Roseann Mikos, 14371 E. Cambridge Street, thanked the Council for placing the matter on the agenda. She suggested the following language be included in the resolution: "Whereas, Section 65860(C) of the Government Code of the State of California provides that 'In the event that a zoning ordinance becomes inconsistent with a general plan by reason of amendment to the plan or to any element to the plan, the zoning ordinance shall be amended within a reasonable time so that it is consistent with the general plan as amended. ", and 'Whereas, Title 17.70 of the Moorpark Zoning Code adopted as Ordinance No. 244 is not consistent with the current Moorpark General Plan as amended as of the passage of the Moorpark SOAR on January 12, 1999." She suggested that Section 1 be modified to read: "That the City Council does hereby authorize the initiation of proceedings to bring the Zoning Map and Zoning Code of the City of Moorpark into compliance with the General Plan amendment that was adopted on January 12, 1999, and became effective on February 13, 1999, as part of the voter approved initiative Measure S (Soar), including but not limited to considering amendments to the Zoning Map and Zoning Code in the General Plan." She stated reference to Section 65860 is necessary. She also recommended changing "implement" to "enforce" in Section 2 and "incorporated" to "situated" in Sections 1 and 2. ATTACHMENT 11 15 11 000283 The Planning and Zoning Law pursuant to Section 65090 and public hearing, the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four - fifths vote for adoption. Not more than two extensions may be adopted. (b) Alternatively, an interim ordinance may be adopted by a four- fifths vote following notice pursuant to Section 65090 and public hearing, in which case it shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may by a four- fifths vote extend the interim ordinance for 22 months and 15 days. (c) The legislative body shall not adopt or extend any interim ordinance pursuant to this section unless the ordinance contains legislative ** *findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, build- ing permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare. (d) Ten days prior to the expiration of an interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. (e) When an interim ordinance has been adopted, every subse- quent ordinance adopted pursuant to this section, covering the whole or a part of the same property, shall automatically termi- nate and be of no further force or effect upon the termination of the first interim ordinance or any extension of the ordinance as provided in this section. (f) Notwithstanding subdivision (e), upon termination of a prior interim ordinance, the legislative body may adopt another interim ordinance pursuant to this section provided that the new interim ordinance is adopted to protect the public safety, health, and welfare from an event, occurrence, or set of circumstances different from the event, occurrence, or set of circumstances that led to the adoption of the prior interim ordinance. (Amended by Stars. 1982, Ch. 1108; Amended by Stars. 1984, Ch. 1009; Amended by Stars. 1988, Ch. 1408; Amended by Stars. 1992, Ch. 231 ;Amended by Stars. 1997, Ch. 129. NOTE: Ch. 129 also reads: In enacting this act to amend Section 65858 of the Govern- ment Code by adding subdivision (f) to that section, it is the intent of the Legislature that an ordinance that complies with that subdivision and was in existence on or before April 14, 1997, shall not be invalidated if challenged pursuant to subdivision (e) of Section 65858 of the Government Code. 65859. A city may, pursuant to this chapter, prezone unincor- porated territory to determine the zoning that will apply to that territory upon annexation to the city. The zoning shall become effective at the same time that the annexation becomes effective. (b) Pursuant to Section 56375, those cities subject to that provision shall complete prezoning proceedings as required by law. (c) If a city has not prezoned territory which is annexed, it may 74 - 1998 Planning, Zoning, and Development Laws adopt an interim ordinance pursuant to Section 65858. (Amended by Stats. 1980, Ch. 1132, Amended by Stats. 1994. Ch. 939. Effective September 28, 1994.) 65860. (a) County or city zoning ordinances shall be consistent with the general plan of the county or city by January 1, 1974. A zoning ordinance shall be consistent with a city or county general plan only if: (i) the city or county has officially adopted such a plan, and (ii) the various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses, and programs specified in such a plan. (b) Any resident or property owner within a city or a county, as the case may be, may bring an action in the superior court to enforce compliance with the provisions of subdivision (a). Any such action or proceedings shall be governed by Chapter 2 (commencing with Section 1084) of Title l of Part 3 of the Code of Civil Procedure. Any action or proceedings taken pursuant to the provisions of this subdivision shall be taken within 90 days of the enactment of any new zoning ordinance or the amendment of any existing zoning ordinance as to said amendment or amend- (c) In the event that a zoning ordinance becomes inconsistent with a general plan by reason of amendment to such a plan, or to any element of such a plan, such zoning ordinance shall be amended within a reasonable time so that it is consistent with the general plan as amended. a charter city of 2,000,000 or more population to a zoning ordinance adopted prior to January 1, 1979, which zoning ordi- nance shall be consistent with the general plan of such city by July 1, 1982. (Amended by Stars. 1979, Ch. 304.) 65861. When there is no * ** planning commission, the legis- lative body of the city or county shall do all things required or authorized by this chapter of the * ** planning commission. (Added by Stars. 1965, Ch. 1880; Amended by Stars. 1995, Ch. 686. Effective on October 10, 1995.) 65862. When inconsistency between the general plan and zoning arises as a result of adoption of or amendment to a general plan, or any element thereof, hearings held pursuant to Section 65854 or 65856 for the purpose of bringing zoning into consis- tency with the general plan, as required by Section 65860, may be held at the same time as hearings held for the purpose of adopting or amending a general plan, or any element thereof. However, the hearing on the general plan amendment may, at the discretion of the local agency, be concluded prior to any consid- eration of adoption of a zoning change. It is the intent of the Legislature, in enacting this section, that local agencies shall, to the extent possible, concurrently process applications for general plan amendments and zoning changes which are needed to permit development so as to expedite processing of such applications. (Repealed and added by Stars. 1980, Ch. 1152.) 65863.4. (a) Prior to noticing a public hearing on a proposed zoning ordinance or amendment to a zoning ordinance reducing the density permitted on property authorized for multifamily dwelling uses, the planning commission and legislative body shall approve a nonconforming use ordinance for multifamily ATTACHMENT it 11 000204