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Home My WebLink AboutAGENDA REPORT 1989 1206 CC REG ITEM 11J 1 I a.5(Ll)(a) • ITEM I I • 7641 , MOORPARK ELOISE BROWN PP,,PK �q`� STEVEN KUENY Mayor 0111rMil 0�`�9 City Manager BERNARDO M. PEREZ CHERYL J. KANE Mayor Pro Ter City Attorney CLINT HARPER, Ph. D. ` 'WOW PATRICK RICHARDS, A.I.C.P. Councilmember oDirector of PAUL LAWRASON 9°0Community Development Councilmember E' �` R. DENNIS DELZEIT SCOTT MONTGOMERY City Engineer Councilmember JOHN V. GILLESPIE RICHARD T. HARE Chief of Police City Treasurer MEMORANDUM TO: , The Honorable City Council FROM: Patrick J. Richards, Director of Commimi.ty Development DATE: November 28, 1989 (CC Meeting of 12-6-89) SUBJECT: REPORT DESCRIBING THE MEASURW:TC EN TO AT.T.EVIATE THE CONDITION WHICH REQUIRED THE ADOPTION OF ORDINANCE NO. 117 (WHICH IMPOSED A MORATORIUM ON THE DEVELOPMENT OF VACANT PROPERTY IN THE R-1 AND R-E ZONES) Background On November'` 15, 1989, the City Council approved an urgency ordinance, Ordinance No. 117, .to impose a moratorium on the development of vacant property in the R-1 and R-E Zones. Ordinance No. 117 will expire on December 30, 1989. (A copy of Ordinance No. 117 is attached). Section 65858 of the California Government Code requires that 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. This staff report is intended to act as the Council's written report. Report Since adoption of the subject interim ordinance, Staff has continued to research the options available to provide a process for review of the design and improvement' of proposed residential projects in the R-1 and R-E Zones to ensure the protection of existing urbanized neighborhoods. Staif.f is currently preparing a staff report and will be recommending rezoning certain properties from R-1 and E--E: to RPD (Residential Planned Development). • 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 The Honorable City Council Page 2 November 28, 1989 Because the existing interim ordinance (No. 117) will expire on December 30, 1989, staff will be requesting that the Council adopt an ordinance extending the moratorium an additional 120 days to allow adequate time for preparation of a staff report. Due to the ten-day written report requirement, Staff will be requesting the City Council to approve an ordinance at the December 20, 1989, Council meeting extending the expiration date for Ordinance No. 117 from December 30, 1989, to April 29, 1990. Staff's schedule is to complete the staff report for the rezoning proposal by January 29, 1990 and to schedule this matter before the Planning Commission on February 5, 1990, and before the City Council on February 21, 1990. Recommendation Acknowledge that this staff report shall serve as the City Council's written report describing the measures taken to alleviate the condition which led to the adoption of Ordinance No. 117. Attachment: Ordinance No. 117 PJR/DST MOORPARK, CALIFORNIA City Council Meeting of �. 198g ACTIO : 8y ORDINANCE NO. 117 AN INTERIM ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTED ON AN URGENCY BASIS, IMPOSING A MORATORIUM ON THE DEVELOPMENT OF VACANT PROPERTY IN THE R-1 AND R-E ZONES THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and declares that the R-1 and R-E zones provide for residential development of an urbanized nature. The current R-1 and R-E zoning regulations do not provide a process for review of the design and improvement of proposed residential projects. Without such a process , the residential character of existing urbanized neighborhoods cannot be protected; nor can the compatible and orderly development of urban residential projects be promoted. Furthermore, the processing of applications for such projects in the R-1 and R-E zone would perpetuate the zoning and land use problems that a process of development review seeks to remedy. SECTION 2. The City Council hereby directs the planning department to conduct a study relative to providing a comprehensive system for the compatible and orderly residential development of vacant property that is presently zoned R-1 or R-E. In connection with said study, the City Council contemplates the consideration of a general plan or zoning proposal within a reasonable time, which proposal may provide for changing the zoning on vacant property from R-1 or R-E to RPD (Residential Planned Development) . SECTION 3. For the period of time that this ordinance is in full force and effect no application for any land use entitlement related to vacant property that is zoned R-1 or R-E shall be accepted for filing with, or issued or approved by, the City, which property is shown on Exhibit 1 attached hereto and by this reference made a part hereof. For purposes of this ordinance, land use entitlement means a general plan amendment, a zone charge, a subdivision or a building permit. SECTION 4. Pursuant to Government Code Sections 36937 and 65858, the City Council hereby finds and declares this Ordinance to be an urgency ordinance requiring the immediate enactment thereof, because there is a current and immediate danger and threat to the public health, safety or -1- welfare of the City and its citizens and the same is necessary for the immediate preservation of the public peace, health or safety of the City and its citizens . In addition, the City Council finds and declares that accepting for filing, issuing or approving any land use entitlement for any vacant R-1 or R-E zoned property would result in a threat to the public health, safety or welfare. The facts constituting such urgency and threat are as set forth in Section 1 of this Ordinance. SECTION 5. This Ordinance shall be effective immediately upon its adoption, and shall expire and be of no further force and effect as of December 30 , 1989, unless sooner extended after notice pursuant to Government Code Section 65090 and a public hearing. SECTION 6. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared invalid. SECTION 7 . The City Clerk shall certify to the passage of this ordinance by not less than a four-fifths vote of the City Council; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen ( 15) days after the passage and adoption thereof, cause the same to be published in the Moorpark News-Mirror, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this 15th day of November, 1989 . Mayor of the City of Moorpark, California ATTEST: City Clerk -2- CJK/ORN81541 ( 11/13/89)