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HomeMy WebLinkAboutAGENDA REPORT 1984 0905 CC REG ITEM 10D..... /,''l) .? ':. j I. Y 1 ' J MOORPARK 71:J,1:;(j) 799MOORPARK AVENUE CITY COUNCIL LETA YANCY-SUTTON MAYOR ALBERT PRIETO MAYOR PRO TEM P.O. BOX 701, MOORPARK, CA 93021 (805) 529-6864 TO: FROM: DATE: SUBJECT: M E M O R A N D U M Honorable City Council Niall f'~z, Director of Commurfft~tDevelopment August 31, 1984 GROWTH MANAGEMENT ORDINANCE ROBERT BEAULIEU CLINT HARPER, Ph. 0. JERRY STRAUGHAN At the direction of the City Council, staff has reviewed the growth management ordinance orginally prepared to be adopted by initiative. The City Attorney's office has transcribed this document in the form of a City Ordinance, which is intended as a draft for your Council's review and discussion. There are still technical changes which staff believes need to be included prior to any action. In reviewing the ordinance there are several policy decisions which your Council can consider. These include: --As proposed, the ordinance would exempt from its provisions projects consisting of minimum five acre lots this could be modified to permit hillside cluster- ing by changing the requirement to five acre average lots or one acre minimum with five acre average lots. (16.01.020F) --Whether or not there should be a limit on the number of annual development allotments which can be obtained by a single developer. (16.0l.070C) If unused or expired allotments may be carried over to subsequent years for re-allotment. If any qualifing project may receive an allotment, or must allotments be given in order of ranking. In considering a growth management program there are two h~~ic elements. These are the number of dwelling unit~ allowed to be built annually and the criteria under which development allotments will be provided. As drafted, the ordinance does not specify an annual allotment. Therefore, it does not deal with the issue of overall City growth rate. At the present time, the City General Plan Land Use Element refers to the phasing of development in accordance with the 208 Plan and Air Quality Management Plan. SUB~fECT: GROWTH MANAGEMENT ORDINANCE August 31, 1984 Page 2 Both of these plans are in the process of being updated. City representives and staff are participating in this Countywide Planning Program. The development of a phasing program can occur as part of the City's participation in the revisions to these plans 6r as part of the completion of the General Plan. In developing a phasing schedule, items which should be considered include, in addition to regional air and water quality matters, the ability of City and other agency infrastructure to support growth,, the effects of the rate of growth on the development of a commercial and industrial base, and the desires of the community. Phasing would not be limited to a straight line projection, but may also include exc:ellerated development followed by a slower building period. '11 his is commonly called "front loading" Since the draft ordinance does not include a determination of the rate of growth within the City, what it basicly specifies is a process for the review of projects. The Public Facilities and Services considerations (Section 16.0l.060A) are items considered under the usual subdivision or zoning review of a project. Quality of Design considerations (subsection B) are items for which specific standards could be established and then adopted as ordinance or policy. Therefore, these are matters which could also be reviewed with each project independently of an annual allotment process. The major difference between the draft Growth Management Ordinance and the usual development review process would be the competitive nature of evaluating all projects at one time. The foregoing discussion is presented for your Council's consider- ation as options during your review of the draft ordinance. If your Council desires to consider the adoption of a Growth Manage- ment Ordinance, it is recommended that a public hearing be sched- uled and noticed, and that staff be directed to redraft the ordinance to include technical refinements and any directions your Council may wish to provide at this time. NF/crl ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE BY ADDING TITLE 16 THERETO WHICH SAID TITLE RELATES "TO DEVELOPMENT MANAGEMENT AND BY AMENDING TITLE 16 OF THE MOORPA~ MUNICIPAL CODE BY ADDING THERETO CHAPTER 1 WHICH SAID CHAPTER RELATES TO RESIDENTIAL DEVELOPMENT MANAGEMENT THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. The Moorpark Municipal Code is hereby amended by adding thereto Title 16 which said Title shall read as follows: TITLE 16 DEVELOPMENT MANAGEMENT Section 2. Title 16 of the Moorpark Municipal Code is hereby amended by adding Chapter 1 thereto which said Chapter shall read as follows: Chapter 1 RESIDENTIAL DEVELOPMENT MANAGEMENT Section 16.01.010. Findings: The City Council of the City of Moorpark hereby find and declare as follows: A. The City of Moorpark is i~ the process of adopting a General Plan and city ordinances relating to the regulation of residential development. B. The City of Moorpark is experiencing a period of intense residential development which if not properly regulated and directed could adversely affect the capacity of the streets and local freeway system to meet traffic demands, the capacity of appropriate schools to absorb children, the semi-rural character of the community, the quality of life prevalent in the City of Moorpark and its sphere of influence, and the cost to households of some utilities and municipal services. C. It is the intent of the City Council of the City of Moorpark to achieve a stable and balanced, rather than a fluctuating, overly rapid, rate of resi- dential growth each year in order that the services pro- vided by the City, School, Park, utility and/or service agencies operating in the City can be properly and effec- tively staged in a manner which will not overextend existing facilities, and in order that deficient services may be brought up to required and necessary standards while minimizing, by means of long range planning, the avoidable costs of short sighted facility expansion. D. It is the intent of the City Council of the City of Moorpark to establish control over the quality, distribution and ratio of growth of the City in order to: --Preserve the semi-rural character of the community; --Protect the agricultural land and open space of the City; --Provide a suitable living environment for all citizens of the City; --Ensure the adequacy of municipal, school, utility, recreation and park facilities and services; --Facilitate a balance of housing types and values in the City that will accommodate the housing needs of all economic segments including families of low and moderate income and older families on limited and/or fixed incomes; --Ensure the balanced development of the City; --Prevent further significant deterioration in the local air quality; --Ensure that the traffic demands do not exceed the capacity of streets that are in character with the C~ty's semi-rural nature; --Ensure that the City does not grow in a pattern that places a severe strain on the local freeway system; -2- --Ensure the adequacy of fire protection; and --Ensure adequate water and sanitary sewer systems. E. The City Council of the City of Moorpark have considered the effect of this ordinance on the housing needs of the region in which it is situated and have balanced those needs against the public service needs of its residents and available fiscal and environmental resources. It is hereby found and determined that this ordinance will not reduce the housing opportunities of the region and this ordinance is compatible with the state housing goal and regional housing needs. It is further found and determined that, to the extent this ordinance may be determined to reduce the housing opportunities of the region, the findings contained herein as to the public health, safety and welfare of the City to be promoted by the adoption of this ordinance, justify any such reduc- tion in the housing opportunities of the region. F. It is the purpose of this ordinance to augment the policies of the City of Moorpark as developed in the General Plan and City Ordinances relating to the regulation of residence development. G. In order to accomplish the above purposes, the City must be able to control the rate, distribution, quality and economic level of proposed development on a year-to-year basis. To this end the following Residential Development Management System for the City of Moorpark shall be in effect from and after its effective date until December 31, 1994. Section 16.01.020. Applicability of the Development Manage- ment System. The provisions of the Residential Development Management System shall apply from the effective date to all residential development, including mobile homes, in the City of Moorpark, with the exception of the following: A. Projects of not more than four (4) residen- tial dwellings, limited to only one such project per developer per calendar year; -3- B. Fourplexes or lesser numbered multiple dwellings on a single existing lot; C. Single family residential units on a single existing lot; D. Rehabilitation or remodeling of an existing dwelling or conversion of apartments to condominiums, so long as no additional dwelling units are created; E. Dwelling units of any low income or senior citizen projects funded or subsidized pursuant to the pro- visions of applicable federal, state or local laws or programs; and F. Projects of residential dwellings with a minimum lot size of five (5) acres per dwelling. Section 16.01.030. Establishment of Residential Develop- ment Evaluation Board. In order to administer the system set forth herein, and especially to make the valuations set forth in Section 16.01.060 below, a Residential De- velopment Evaluation Board (hereinafter called "the Board") is hereby established, consisting of the duly appointed members of the Planning Commission of the City of Moorpark. The procedures and by-laws of the Board shall be developed by the Board subject to the approval of the City Council of Moorpark (hereinafter called "the City Council"). The Director of Community Development of the City of Moor- park shall serve as the staff of the Board. Section 16.01.040. Establishment of Allotments of Resi- dential Building Permits Annually. The City Council shall annually, in conjunction with the public hearing provided for in Section 16.01.070, consider the recommendation of / the Planning. Commission, and after closing the public hearing o-'U ~o~~arding any development allotments, the City ,~--------Counci~ by resolution or motion determine the number of development permits that should be awarded that year. In making its determination the City Council shall con- sider all evidence presented at all public hearings re- lating to Residential Development Allottments and in a -4- separate hearing after hearing on each applicant con- sider such other evidence that bears on the purposes set forth in Section 16.01.010 of this Code and there- after make its determination of the number of Residential Development Allotments appropriate for the year based upon the City Council's determination of the number of development allotments that will best serve the public welfare, provide the best balance between the conflicting goals of Section 16.01.010 and best provide for the City's responsibilities to its citizens and the regional housing needs of the area in which the City is located. Section 16.01.050. Development Allptment Application. No building permit of non-exempt projects may be issued unless a development allotment for such project has been granted. ·At any time prior to obtaining a building permit, the developer of proposed projects not exempted from appli- cation for a development allotment pursuant to the provisions of Section 16.01.020 shall apply for a development allot- ment as set forth herein. The approval of all tentative subdivision maps shall be conditioned to comply with the provisions of this Residential Development Management System. Section 16.01.060. Development Allocation Evaluation. The Board shall cortsider annually all applications properly submitted and shall make recommendations to the City Council based on the criteria set forth below: A. Availability of Public Facilities and Ser- vices. The Board shall examine each application for its relations to, or impact upon local public facilities and services, and shall rate each development by the assignment of from zero to ten points (zero indicating "very poor," ten indicating "excellent") on each of the following attributes: 1. The capacity of the water system to provide for the needs of the proposed development without system extensions beyond those normally installed by the developer. 2. The capacity of the sanitary sewers to dispose of the wastes of the proposed development with- out system extensions beyond those normally installed by the developer. -5- 3. The capacity of the drainage facilities to adequately dispose of the surface runoff of the proposed development without system extensions beyond those normally installed by the developer. 4. The ability of the fire department to 'provide fire protection according to the established re- sponse standards of the City without the necessity of establishing a new station or requiring addition of.major equipment or housing facilities to an existing station. 5. The capacity of the appropriate school to absorb the children expected to inhabit a proposed development without necessitating or adding to double sessions or other unusual scheduling or classroom over- crowding. 6. The capacity of major street linkage to provide for the need of the proposed development with- out substantially altering existing traffic patterns or overloading the existing street system, and the availability of other public facilities (such as parks, playgrounds, etc.) to meet the additional demands for vital public ser- vices without extension of services beyond those normally provided by the developer. 7. The capacity of Highway 118 and 23 within the City limits to provide for the traffic needs generated by the proposed development without substan- tially altering the level of service, including freeway access. 8. Developments which have received Tentative TraciMap approval from the City of Moorpark prior to the effective date of this Residential Develop- ment Management System shall receive for each calendar year after 1984 an additional ten points. B. Quality of Design and Contribution of Public Welfare and Amenity. The Board shall examine each application which has not been withdrawn by the applicant for failure to meet criteria A, and shall rate each development by the assignment of from zero to ten points (zero indicating "very poor," ten indicating "excellent") on each of the following attributes: -6- 1. Site and architectural design quality which may be indicated by the harmony of the proposed buildings in terms of size, height, color and location with existing neighboring development. 2. The amount and charater of open-space and slope landscaping. 3. Site and architectural design quality which may be indicated by the arrangement of the site for efficiency of circulation, on and off site traffic safety, privacy, etc. 4. The provision of public and/or private usable open space. 5. Contributions to and extensions of existing systems of foot or bicycle paths, equestrian trails and facilities and/or greenbelts. 6. The provision of needed public facilities such as critical linkages in the major street system, school rooms, functional parks or other vital public facilities. 7. Site and architectural design quality which may be indicated by the amount and character of modification of the topography, including quantity of grading, extent of natural slopes cut and/or filled and impact on ridgeline. 8. Absence of deleterious impact on trees and archeological sites. 9. The provision of significant water conservation features. 10. The provision of energy generation and conservation features, such as additional insulation, house siting and design, solar techniques and other innovative techniques. 11. Absence of deleterious impact on the physical and/or aesthetic environment. 12. Design and features which contribute significantly to the economic feasibility of producing housing at the lowest possible cost given economic and environmental factors, the public health and safety, and the need to facilitate the development of housing for per- sons of low or moderate incomes. -7- C. After having studied each application in accordance with Parts A and B, in regard to each of these criteria, or so many of them as may be applicable, and having assigned evaluation points on a scale of zero to ten in accordance with their finding, the Board shall prepare two lists, one documenting points awarded from Part A and'the other from Part B, arranging the develop- ments in each list in order from that receiving the greatest total number of evaluation points to that re- ceiving the lowest number. In addition to listing the number of actual points awarded in each subcategory of both parts, each part will be totaled and the total shall then be expressed as a percentage of the maximum number of points awardable. The maximum number of points awardable shall not include those elements of the criteria found to be not applicable. D. Having evaluated each development in accor- dance with the foregoing criteria, the Board shall publish in appropriate ways the rating given to each development on each of those criteria. The Board shall then schedule a public hearing to be held within fifteen (15) days of classification of any point assignments made by the Board. 1. Any applicant may request the Board, at said public hearing, to reevaluate the point assignment made on any or all of the criterion. The primary criteria for the Board to alter their point assignment on a par- ticular development is demonstration by the applicant that there exists pertinent information or a project re- design which the Board was not aware of at the time of the original evaluation. 2. Any applicant who is dissatisfied with the Board's reevaluation may submit written notification of such dissent, which will be furnished to the City Council prior to the awarding of Development Allotments. E. Having evaluated each development and clarified all point assignments to the applicants, the Board shall present their lists of evaluations, along with the decisions reached on any appeals, to the City Council for the awarding of Development Allotments. F. The schedule for the submission and considera- tion of applications shall be established by the City Council. -8- G. The criteria set forth in this Section 16.01.060 are for the purpose of addressing the findings, intent and purpose of this ordinance as set forth in Section 16.01.010 and are not to be construed or used for the purpose of rendering infeasible the development of housing for all economic segments of the community. Section 16.01.070. Development Allotment Awards. A. The City Council shall consider, at a public hearing, the recommendations and rankings of the proposed developments on each of the above-described two lists, along with any action taken by the Board concerning appealed decisions, and shall compile one list ranking each of the proposed developments. B. The City Council shall consider at a public hearing the number of residential building development allotments desirable that year to accomplish the purposes set forth in Section 16.01.010 and other applicable requirements of law and administrative regulations and shall adopt a resolution fixing the number of_ residential building permits to be allocated that year. C. No single developer shall, in any one year, be issued development allotments in excess of 35% of the total development allotments authorized by the City Council. D. Minimum Point Requirements. The City Council shall eliminate from consideration any development which. has not been assigned a minimum of 49 percentage points under Section 16.01.050, subparagraph A, herein, or a minimum of 70 percentage points under Section 16.01.050, subpara- graph B. If in a given year the highest ranking development does not at least meet both of the minimum point requirements, the City Council shall make no Development Allotment for that year. Section 16.01.080. An application may be amended upon submi~tal of an additional application made in the same manner as the original application. In addition, the application for an amendment shall set forth the reasons for requesting the amendment. -9- A. The City Council shall review such an amendment application in the same manner as an original application and may grant the amendment as requested, modify the amendment or deny the amendment. B. An amendment or modification shall be granted only if the City Council after reviewing the proposed development in relation to the criteria set forth in Section 16.01.060, subparagraphs A and B shall find that the modified development has earned as many or more evaluation points than the original development for which the Development Allotment was issued. Section 16.01.090. Should a developer fail to initiate construction within twenty-four (24) months after award of the Development Allotment, the City Council, after a hearing, may, by majority vote, rescind all or part of the Development Allotment. Section 16.01.100. Regulations. A. Should the arrangement of projects as pro- vided in Section 16.01.070, subparagraph A produce the situation in which two projects have equal evaluation point scores, but only one project can be permitted within the quota, the City Council may dispose of such a tie in any manner deemed in the public interest by the City Council. B. The City Council may by resolution adopt regulations to implement the procedures of this Chapter including without limitation the fixing of a time for filing applications, a fee for filing applications and other appropriate regulations. Section 16.01.110. Judicial Review. Any legal action to challenge any decision or denial of the Board or any other governmental body performing a function under this Chapter must be filed in a court of competent jurisdiction within thirty (30) days immediately following the action challenged. -10- Section 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this ordinance. The City Clerk shall make a minute of the passage and adoption thereof in the records of the pro- ceedings of the City Council in the minutes of the meeting at which the same is passed and adopted and shall cause the same to be posted once in three (3) conspicuous pub- lic places within the corporate limits of the City within the time and manner as prescribed by law. This ordinance shall take effect and be in full force and effect thirty (30) days after the adoption thereof. APPROVED AND ADOPTED this day of _____ , 1984. CITY OF MOORPARK Mayor ATTEST: City Clerk -11-