HomeMy WebLinkAboutAGENDA REPORT 1999 0818 CC REG ITEM 10IFrom:
Date:
AGENDA REPORT
City of Moorpark
Honorable City Council
Wayne Loftus, Acting Director of
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CITY OF MOORPARK, CALIFORNIA
City Council Meeting
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August 10, 1999 (City Council Meeting of 8/18/99)
Subject: CONSIDER ACTION TO RESCIND ORDINANCE NO. 244 ADOPTING
SPECIFIC PLAN NO. 8 ZONING DESIGNATION FOR PROPERTIES
WITHIN THE HIDDEN CREEK RANCH SPECIFIC PLAN, (SPECIFIC
PLAN 93 -1) INCLUDING DEVELOPMENT STANDARDS FOR SAID
PROPERTIES.
BACKGROUND
At their July 21, 1999, meeting the City Council directed staff
to return information to the Council on August 18, 1999, for the
possible rescinding of Ordinance No. 244, relating to the Hidden
Creek Ranch Specific Plan. Ordinance No. 244 adopted by City
Council on August 19, 1998, approved the zoning designation and
development standards for Specific Plan 93 -1 /Specific Plan 8.
City Council asked for information relating to the possibility
of rescinding Ordinance No. 244 as part of an effort to
implement the recent voter approved Measure S (SOAR) which
limits the development of property outside the City Sphere of
Influence line (City Boundary) as it existed on January 1, 1998.
Should the City Council determine that consideration be given to
rescinding Ordinance No. 244, the procedures and issues outlined
below should be evaluated and staff directed as deemed
appropriate.
DISCUSSION
Rescinding or repealing an ordinance is an action that may be
taken by the City Council, however, the currently adopted
(Resolution 99 -1613) City Council Rules of Procedure do not
provide for the "rescinding" or "repeal" of an ordinance or
resolution. The Council may suspend the rules, through a
"Motion to Suspend" (Section 7.9) allowing for discussion and a
motion to direct that a rescinding action begin. Because of the
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Honorable City Council
August 10, 1999
Page 2
need to follow "Due Process" the Council should adopt a
resolution directing the Planning Commission to conduct public
hearings to consider the issue. The same process that was
followed (public hearings by the Planning Commission and City
Council) to adopt Ordinance No. 244 must be followed to
"rescind"' or "repeal" the ordinance.
The procedure required to insure "Due Process" is well defined,
however, the final result that may be achieved requires
explanation. The subject property, Hidden Creek Ranch (Specific
Plan 8) is currently designated by the General Plan Land Use
Element as Specific Plan 93 -1 /Specific Plan 8 and is zoned
Specific Plan. Ordinance No. 244 as adopted by the City Council
added Chapter 17.70 to the Municipal Code which defines the
zoning and development standards that apply to the land use sub-
areas established by Specific Plan 8 approved by the City
Council Resolution 98 -1487 on July 15, 1998. The development
standards included in Chapter 17.70 of the Municipal Code also
appear in the Specific Plan document.
California Government Code Section 65300 et seq., requires each
county and city to adopt a comprehensive, long -term general plan
for the physical development of the county or city, and any land
outside its boundaries which are judged by the planning agency
to bear a relation to its planning. Additionally, Section 65860
of the Government Code requires a zoning ordinance to be
consistent with an adopted General Plan. Since the City has an
adopted General Plan there must be a zoning ordinance (Zoning)
which is consistent with that plan. Rescinding or repealing the
zoning on Hidden Creek (Ordinance No. 244) may occur, however, a
replacement zoning designation would be required. Additionally,
because the Hidden Creek Ranch project is a Specific Plan as
authorized by Section 65450 et seq., of the Government Code,
certain specific text and diagrams are required to specify
details of the plan including standards and criteria by which
development will proceed. In this case the City has chosen to
include these standards in its Zoning Ordinance (Chapter of
Municipal Code) as Chapter 17.70. Also Section 65454 of the
Government Code provides that "No specific plan may be adopted
or amended unless the proposed plan or amendment is consistent
with the general plan ".
Based upon the above discussion, insuring that all actions taken
to change zoning or the land use designation on the Hidden Creek
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August 10, 1999
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Ranch are consistent with the adopted General Plan is required
under provisions of State law. Additionally, the provisions of
Measure S (SOAR) which were approved by a vote of the electorate
on January 12, 1999, must be applied to the area (Specific Plan
8) as identified by the Initiative. The City Council, on July
21, 1999, adopted Resolution 99 -1637 directing that the Planning
Commission 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.
Based upon the direction of Resolution 99 -1637 to the Planning
Commission the Zoning, various General Plan Elements and
Specific Plan No. 8 would all potentially be amended to reflect
the content of Measure "S ". Because of this direction to the
Planning Commission, additional consideration to rescind
Ordinance No. 244 appears to be unnecessary, as the "Due
Process" procedure would duplicate the process that has already
been directed by City Council Resolution 99 -1637.
STAFF RECOMMNDATIONS
Direct staff as deemed appropriate.
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