HomeMy WebLinkAboutORD MEASURE S 1999 1203 SOARI
MEASURE " S"
The Measure "S" Initiative Ordinance
was adopted by a majority of the voters
at a Special Municipal Election held on
January 12, 1999, and became effective
on February 13, 1999, pursuant to
Moorpark City Council Resolution No.
99 -1572, adopted on February 3, 1999
To the Honorable Clerk of the City of Moorpark: We,
the undersigned, registered and qualified voters of
the City of Moorpark hereby propose an initiative
measure to amend the Moorpark City General Plan. We
petition you to submit this measure to the City
Council for adoption without change, or for submission
of the measure to the voters of the City of Moorpark
at a SPECIAL ELECTION. The measure provides as
follows:
SAVE OPEN -SPACE AND AGRICULTURAL RESOURCES
MOORPARK CITY URBAN RESTRICTION BOUNDARY
FULL TEXT OF RESOLUTION
The people of the City of Moorpark do hereby ordain as
follows:
Section 1. Title.
This initiative measure shall be known as the Moorpark Save
Open -space and Agricultural Resources, or Moorpark SOAR,
initiative.
Section 2. Purpose and Findings.
A. Purpose. The purpose of this initiative is to adopt
for the City of Moorpark an Urban Restriction Boundary. The
Moorpark City Urban Restriction Boundary (Moorpark CURB) line
has the following objectives:
1. To promote stability in long term planning for the
City by establishing a cornerstone policy within the General
Plan designating the geographic limits of long term urban
development and allowing sufficient flexibility within those
limits to respond to the City's changing needs over time;
Measure "S"
2. To encourage efficient growth patterns and protect
the City of Moorpark's quality of life by concentrating future
development largely within existing developed areas consistent
with the availability of infrastructure and services;
3. To promote c
ongoing natural resource
Government Code Section
natural resources, public
that foster public health
for farming enterprises;
i lands outside the Moorpark CURB line
and open -space uses as defined in
65560(b), such as preservation of
and private outdoor recreation, uses
and safety, and productive investment
4. To manage the City's growth in a manner that
fosters and protects the small town and semi -rural character of
Moorpark while encouraging appropriate economic development in
accordance with the City's unique local conditions; and
5. To allow the City to continue to meet its
reasonable housing needs for all economic segments of the
population, especially low and moderate income households, by
directing the development of housing into areas where services
and infrastructure are more efficiently available.
6. To ensure that the preservation and protection of
(1) open- space, (2) environmentally sensitive habitat, and (3)
agricultural production are inviolable against transitory short -
term political decisions and that watershed, viewshed, open -
space, and agricultural lands are not prematurely or
unnecessarily converted to other non - agricultural or non -open-
space uses without public debate and a vote of the people.
B. Findings.
1. Continued urban encroachment into open- space,
watershed, viewshed, or agricultural areas will threaten the
public health, safety and welfare by causing increased traffic
congestion, associated air pollution, and potentially serious
water problems, such as pollution, depletion, and sedimentation
of available water resources not only for the City but for its
jurisdictional neighbors and severely impact the viability of
adjacent agricultural lands. Such urban encroachment would
eventually result in both the unnecessary, expensive extension
of public services and facilities and inevitable conflicts
between urban, agricultural and open -space uses.
2. The unique character of the City of Moorpark and
quality of life of City residents depend on the protection of a
substantial amount of open- space, rural and agricultural lands
2
Measure "S"
and their associated visual resources. The protection of such
lands not only ensures the continued viability of agriculture,
but also protects the available water supply and contributes to
flood control and the protection of wildlife, environmentally
sensitive areas, and irreplaceable natural and visual resources.
As importantly, adopting a geographic urban limit line around
the City of Moorpark would promote the formation and
continuation of a cohesive community by defining the boundaries
and by helping to prevent urban sprawl. Such a boundary would
promote efficient municipal services and facilities by confining
urban development to defined development areas.
3. The protection of existing open- space, watershed,
viewshed, and agricultural lands, within and surrounding the
City of Moorpark is of critical importance to present and future
residents of the City of Moorpark. Agriculture has been and
remains a major contributor to the economy of the Moorpark area
and County of Ventura, directly and indirectly creating
employment for many people and generating substantial tax
revenues for the City and its surrounding area.
4. In particular, the City of Moorpark is a component
of Ventura County and a gate- keeper to the surrounding area,
with its unique combination of soils, micro - climate and
hydrology, which has become one of the finest growing regions in
the world. Vegetable and fruit production from the County of
Ventura and more particularly from the soils and silt from the
Arroyo Simi, the entire Calleguas watershed area, the Tierra
Rejada Valley and alluvial plains adjacent to the City have
achieved international acclaim, enhancing the City's economy and
reputation.
5. This initiative ensures that the Goals and
Policies relating to Agriculture (Goal 11 and Policies 11.1
through 11.3) and Preservation of Environmental Quality (Goal 14
and 15) and Policies 14.1 through 14.6 and Policies 15.1 through
15.3, 15.5, and 15.8 of the General Plan are inviolable against
transitory short -term political decisions and that agricultural,
watershed and open -space lands are not prematurely or
unnecessarily converted to other non - agricultural or non -open-
space uses without public debate and a vote of the people.
Accordingly, the initiative requires that until December 31,
2020, the City of Moorpark shall, with minor exceptions,
restrict the provision of urban services, and creation of urban
uses, other than in certain circumstances and according to
specific procedures set forth in the initiative, to within the
City Urban Restriction Boundary created by the initiative.
3
Measure "S" 1. 1
6. Although established in the same location as the
Sphere of Influence line as it exists as of January 1, 1998, :he
CURB is not intended to and shall in no way inhibit the Local
Agency Formation Commission from changing or altering the Sphere
of Influence line in accordance with state law. The two lines,
although coincidentally coterminous as of one point in time are
independent one from the other in legal significance and
purpose. While the Sphere of Influence line may be altered by
the Local Agency Formation Commission, and addresses the issue
of annexation, the City Urban Restriction Boundary is a local
planning policy addressing the issue of land uses and shall not
be changed except as herein provided.
Section 3. General Plan Amendment,
The Moorpark SOAR Initiative hereby inserts as "Section
8.0 ", et seq., to the Land Use Element of the City of Moorpark
General Plan, the following:
"8.0 MOORPARK CITY URBAN RESTRICTION BOUNDARY
Introduction
The electorate of the City of Moorpark have, through the
initiative process, adopted an urban growth boundary line
denominated the Moorpark City Urban Restriction Boundary
(Moorpark CURB). Its purpose, principals, implementation
procedures, and methodologies for amendment are set forth in
this Section.
8.1 PURPOSE
The City of Moorpark and surrounding area, with its unique
combination of soils, microclimate and hydrology, has become one
o the finest growing regions in the world. Vegetable and fruit
production from the County of Ventura and in particular
production from the soils and silt from the Arroyo Simi, the
entire Calleguas watershed, the Tierra Rejada Valley, and
alluvial plains adjacent to the City have achieved international
acclaim, enhancing the City's economy and reputation.
The purpose of the Moorpark CURB is:
A. To promote stability in long term planning for the
City by establishing a cornerstone policy within the General
Plan designating the geographic limits of long term urban
development and allowing sufficient flexibility within those
limits to respond to the City's changing needs over time;
4
Measure S"
B. To encourage efficient growth patterns and protect
the City of Moorpark's quality of life by concentrating future
development .largely within existing developed areas consistent
with the availability of infrastructure and services;
C. To promote c
ongoing natural resource
Government Code Section
natural resources, public
that foster public health
for farming enterprises;
)n lands outside the Moorpark CURB line
and open -space uses as defined in
65560(b), such as preservation of
and private outdoor recreation, uses
and safety, and productive investment
D. To manage the City's growth in a manner that
fosters and protects the "small town" and semi -rural character
of Moorpark while encouraging appropriate economic development
in accordance with the City's unique local conditions;
E. To allow the City to continue to meet its
reasonable housing needs for all economic segments of the
population, especially low and moderate income households, by
directing the development of housing into areas where services
and infrastructure are more efficiently available; and
F. To ensure that the preservation and protection of
(1) open- space, (2) environmentally sensitive habitat, and (3)
agricultural production are inviolable against transitory short -
term political decisions and that watershed, viewshed, open -
space, and agricultural lands are not prematurely or
unnecessarily converted to other non - agricultural or non -ooen-
space uses without public debate and a vote of the people.
8.2 PRINCIPLES.
A. Continued urban encroachment into open - space,
viewshed, watershed and agricultural areas will impair
agriculture, negatively impact sensitive environmental areas,
and intrude on open -space irrevocably changing its beneficial
utility. By diminishing such beneficial uses, urban
encroachment also diminishes the quality of life and threatens
the public health, safety and welfare by causing increased
traffic congestion, associated air pollution, alteration of
sensitive lands in flood plains and causing potentially serious
water problems, such as pollution, depletion, and sedimentation
of available water resources not only for the City of Moorpark
but for its jurisdictional neighbors. Such urban sprawl would
eventually result in both the unnecessary, expensive extension
61
Measure "S"
of public services and facilities and inevitable conflicts
between urban and open- space /agricultural uses.
B. The unique character of the City of Moorpark and
quality of life of City residents depend on the protection of a
substantial amount of open- space, watershed and agricultural
lands. The protection of such lands through the implementation
of this General Plan Amendment by initiative not only ensures
the continued viability of agriculture, but also protects the
available water supply and contributes to flood control and the
protection of wildlife, environmentally sensitive areas, and
irreplaceable visual and natural resources. As importantly,
adopting a City Urban Restriction Boundary around the City of
Moorpark will promote the formation and continuation of a
cohesive community by defining the boundaries and by helping to
prevent urban sprawl. Such a City Urban Restriction Boundary
will promote efficient municipal services and facilities by
confining urban development to defined development areas.
8.3 IMPLEMENTATION OF CURB
A. The City of Moorpark hereby establishes and
adopts a Moorpark City Urban Restriction Boundary (Moorpark
CURB) line. The Moorpark CURB shall be established coterminous
with and in the same location as the Sphere of Influence line
established by the Local Agency Formation Commission as it
exists as of January 1, 1998, or as altered or modified pursuant
to the Amendment Procedures set forth below. Graphic
representation of that line is shown at Exhibit "A ".
B. Until December 31, 2020, the City of Moorpark
shall restrict urban services (except temporary mutual
assistance with other jurisdictions) and urbanized uses of land
to within the Moorpark City Urban Restriction Boundary, except
as provided herein, and except for the purpose of completing
roadways designated in the circulation element of the Moorpark
General Plan as of January 1, 1998, construction of public
potable water facilities, public schools, public parks or other
government facilities. Other than for the exceptions provided
herein, upon the effective date of this General Plan Amendment
the City and its departments, boards, commissions, officers and
employees shall not grant, or by inaction allow to be approved
by operation of law, any general plan amendment, rezoning,
specific plan, subdivision map, conditional use permit, building
permit or any other ministerial or discretionary entitlement,
which is inconsistent with the purposes of this Section, unless
in accordance with the Amendment Procedures of Section 8.4.
R
Measure "S"
C. "Urbanizes uses of land" shall mean any
development which would require the establishment of new
community sewer systems or the significant expansion of existing
community sewer systems; or, would result in the creation of
residential lots less than 20 acres in area; or, would result in
the establishment of commercial or industrial uses which are not
exclusively agriculturally- related.
D. The Moorpark City Urban Restriction Boundary may
not be amended, altered, revoked or otherwise changed prior to
December 31, 2020, except by vote of the people or by the City
Council pursuant to the procedures set forth in Section 8.4.
E. Implementation of this initiative will in no way
preclude the Moorpark City Council from making land use
decisions regarding lands inside the Moorpark City Urban
Restriction Boundary.
8.4 AMENDMENT PROCEDURES
Until December 31, 2020, the foregoing Purposes, Principles
and Implementation provisions of this Section of the Land Use
Element may be amended only by a vote of the people commenced
pursuant to the initiative process by the public, or pursuant to
the procedures set forth below:
A. The City Council may amend the City Urban
Restriction Boundary if it deems it to be in the public
interest, provided that the amended boundary is within or
coextensive with the limits of said City Urban Restriction
Boundary.
B. The City Council, following at least one public
hearing for presentations by an applicant and by the public, and
after compliance with the California Environment Quality Act,
may amend the City Urban Restriction Boundary in order to comply
with State regulations regarding the provision of housing for
all economic segments of the community, provided that no more
than 10 acres of land may be brought within the CURB for this
purpose in any calendar year. Such amendment may be adopted
only if the City Council makes each of the following findings:
1) The City is in violation of State regulations
regarding its fair share of housing stock.
2) The land is immediately adjacent to existing
compatibly developed areas and the applicant for
the inclusion of land within the Urban
7
Measure "S"
Restriction Boundary has provided to the City
evidence that the Fire Department, Police
Department, Department of Public Works, the
Community Services Department, applicable water
and sewer districts, and the School District with
jurisdiction over such land have adequate
capacity to accommodate the proposed development
and provide it with adequate public services; and
3) That the proposed development will address the
highest priority need identified in the analysis
by which the City has determined it is not in
compliance with State regulations, i.e., low and
very low income housing; and
4) That there is no existing residentially
designated land available within the Urban
Restriction Boundary to accommodate the proposed
development; and
5) That it is not reasonably feasible to accommodate
the proposed development by redesignating lands
within the Urban Restriction Boundary.
C. The City Council following at least one public
hearing for presentations by an applicant and by the public, and
after compliance with the California Environmental Quality Act,
may amend the Urban Restriction Boundary described herein, if
the City Council makes each of the following findings:
1) The land proposed for receiving urban services,
urbanized land uses, or inclusion within the
Urban Restriction Boundary is immediately
adjacent to areas developed in a manner
comparable to the proposed use;
2) Adequate public services and facilities are
available and have the capacity and capability to
accommodate the proposed use;
3) The proposed use will not have direct, indirect,
or cumulative adverse significant impacts to the
area's agricultural viability, habitat, scenic
resources, or watershed value;
4) The proposed use will not adversely affect the
stability of land use patterns in the area (i.e.,
the parcel affected will not introduce or
Measure "S"
facilitate a use that is incompatible with
adjoining or nearby uses);
5) The land proposed for reception of public
services, urbanization or inclusion within the
Urban Restriction Boundary has not been used for
agricultural purposes in the immediately
preceding 2 years and is unusable for agriculture
due to its topography, drainage, flooding,
adverse soil conditions or other physical
reasons; and
6) The land proposed for reception of public
services, urbanization or inclusion within the
Urban Restriction Boundary does not exceed 40
acres for any one landowner in any calendar year,
and one landowner's property may not similarly be
removed from the protections contemplated by this
Initiative more often than every other year.
Landowners with any unity of interest are
considered one landowner for purposes of this
limitation.
D. The City Council following at least one public
hearing for presentation by an applicant and by the public, and
after compliance with the California Environmental Quality Act,
may amend the CURB if the City Council makes each of the
following findings:
1) Failure to amend the CURB would constitute an
unconstitutional taking of a landowners property
for which compensation would be required or would
deprive the landowner of a vested right; and
2) The amendment and associated land use
designations will allow additional land uses only
to the minimum extent necessary to avoid said
unconstitutional taking of the landowner's
property or to give effect to the vested right.
E. The City Council following at least one public
hearing for presentations by an applicant and by the public, and
after compliance with the California Environmental Quality Act,
may place any amendment to the Urban Restriction Boundary or the
provisions of this initiative on the ballot pursuant to the
mechanisms provided by State Law.
w�
Measure "S"
E. The City Council may amend the CURB line location
to encompass lands contemplated for construction of public
potable water facilites, public schools, public parks or other
government facilities, all uses exempted from the provisions of
this General Plan Amendment by the provisions of Section 8.3,
but only to the minimum amount reasonably necessary to
accommodated said uses.
G. The City Council may reorganize, renumber or
reorder the individual provisions of the General Plan, including
the provisions of this Section 8 sequence, in the course of
ongoing updates of the General Plan in accordance with the
requirements of state law.
Section 4. Conforming Amendments.
In light of the General Plan Land Use Element amendments
set forth above, the City of Moorpark General Plan is hereby
further amended as set forth below in order to promote internal
consistency among the various elements of the General Plan.
Text to be inserted into the General Plan is indicated in bold
italic type while text to be stricken is presented in
st i=ike 1=ti=e ejh type; text in standard type currently appears in
the General Plan and remains unchanged by this initiative.
Occasionally, ellipses [* * *] are introduced to indicate
significant blocks of text remain unchanged within a section.
The language adopted in the following conforming amendments may
be further amended as appropriate without a vote of the people
in the course of future updates and revisions to the General
Plan provided the same are not amended in such a manner as to
create inconsistencies within the General Plan.
1. The Last paragraph of Section 2.2 of the Land Use
Element, at page 6 is amended as follows:
The future development of lands surrounding
the City boundary outside of the City Urban
Restriction Boundary is to be discouraged
and generally shall not be permitted in the
absence of a vote of the electorate. Other
exceptions to this policy are found at
Section 8.4. require that adequate jaublie
serviees and iii- fTCrstrueture be e tend-eel to
these areas in e enjune ton with e r Prier t e
2. Policy 2.1 of the Land Use Element at page 11 is
amended as follows:
10
Measure "S"
The City shall strive to obtain and maintain
sphere of influence boundaries consistent
with the City Urban Restriction Boundary.
The planned urban area en the adepted band
Use Plan
3. Goal 11 of the Land Use Element at page i6 is
amended as follows:
Identify and encourage the preservation of
viable agricultural resources in the City
and its Area of Interest. Unless property
has not been used for agricultural purposes
in the immediately preceding 2 years and is
unusable for agriculture due to its
topography, drainage, flooding, adverse soil
conditions, or other physical reasons, it
shall deemed viable.
4. Policy 11.1 of the Land Use Element at page 16 is
amended as follows:
An agricultural land use designation should
be retained for farmlands within the City's
Area of Interest, which have been identified
as Prime and /or Statewide Importance unless
the property has not been used for
agricultural purposes in the immediately
preceding 2 years and is unusable for
agriculture due to its topography, drainage,
flooding, adverse soil conditions or other
physical reasons. as leng as eeenefflieally
viable—.
5. Section 5.2 SPECIFIC PLAN DESIGNATION - SP, of the
Land Use Element, at page 28, is amended as follows:
Exhibits 3 and 4 of this document identify
the location and the proposed land use mix
of specific plan areas 1, 2, 9, and 10,
which are within the existing City limits,
the -- unineer- genes- planning Specific
plan area 3 (proposed within the City
limits) and specific plan areas 4, 5, 6, 7
(proposed within the unincorporated planning
area) were studied but were found not to be
11
Measure "S"
appropriate for urban development for the
foreseeable future durring the tiffie per -1
bell eut and were not approved.
Specific plan areas 1, 2, 8, 9, and 10 have
been delineated based on ownership, landform
and circulation considerations.
6. Planning Area Land Use Plan Map, City of Moorpark
General Plan, Land Use Element Exhibit 4 is amended to
demonstrate the Moorpark CURB line, as well as to delete the
references to SP #8, Specific Plan No. 8 Boundary. "Exhibit 4"
to the Land Use Element is amended to reflect that consideration
of development of Specific Plan 8 is abandoned. See Exhibit "B"
to this initiative.
7. Section 5.2 SPECIFIC PLAN DESIGNATION - SP, of the
Land Use Element, at page 35, at the subtitle "Planning Area
Outside City Limits ", through page 37, comprising approximately
20 paragraphs, addressing primarily "Specific Plan 8" is amended
as follows:
Planning Area Outside Limits
has been
designated
plan area
eut-side ef the
Plan Ne. 8)
the
fer
within
-ef the-
a,-ea prepesed
here influenee:
expansien
A- -Plan
feltd
- -ef
speeifie
-is
area ±9 -=gair=`'
—epee
T
yiewshed,, si3ee,
and
eireulat; en.
Specific plan areas 4, 5, 6, a+�d 7 and 8
(proposed within the unincorporated planning
area) were analyzed in conjunction with the
updating of the Land Use Element, but were
found to be outside the sphere of influence
and outside of the CURB (See Section S. 0,
et. seq.) and accordingly not t= e ---be
appropriate for urban development prier- te
t-lie — year -Z2010 (Geire n Plan 13,,; , de ,� ) and
were, therefore, not approved.
12
Measure "S"
Specific Plan 8 (Deleted)
T e pe y - E m ist r g steep
h =llsrd-es r -,r i thri -ft
-
-- dne€fy ntial
pet
e cra-rn t s
'
,
fp yy,ibi }{-
Par -k.
G nera
1
this
a,
speeifie plan
b__mss i ei
e tefrain
earfently elesignated as
T e pe y - E m ist r g steep
h =llsrd-es r -,r i thri -ft
-
-- dne€fy ntial
pet
e cra-rn t s
fp yy,ibi }{-
i
taiae-e— eeer-ses, surraee
-- dne€fy ntial
pet
13
Measure "S"
B iele eie a l
bielegiEat r-
e e g
The
h
-e i gniflea
Ee —ef
Try ea k ii
whi
"
Fflay eeear—
ensit- .'
/
eneiaRHered plants-
e e s /
and
threatened,
r""`
ruT�
l l
Zniffi
[ls/
ete. SL
Within the 131. n ei s er-vi Ee—e t ensie ors
frnrn ex' st in y tL-ar sfflishiefi ---- liaes in the
l r f}d e
area. Sewer serviee is net
p�- eyidEd —few -11 urban uses. T evaluatien
this e—plan regaz d i n g r eq u i r e•a --std
�
r�ies.
14
adeiress the
viability
? ce`i PrYffl
"
and -- Rlainte n a n Ee- -e f the
"Sta`cewid
Fa
far-ffi=ands „hiFh
and
-eEe
"
tir within the plan -area.
Within the 131. n ei s er-vi Ee—e t ensie ors
frnrn ex' st in y tL-ar sfflishiefi ---- liaes in the
l r f}d e
area. Sewer serviee is net
p�- eyidEd —few -11 urban uses. T evaluatien
this e—plan regaz d i n g r eq u i r e•a --std
�
r�ies.
14
Measure "S"
WIN
The faber
dwelling
eeel
2,400,
of
units
the
shall
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net
1
ewe
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Th
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designated
e-app reprate-
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Space,
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L=al, er
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--plan
8. Section 6.0 of the Land Use Element, LAND USE PLAN
STATISTICAL SUMMARY, at page 38, is amended as follows:
As identified on Table 3, a combined total
of up to =4-91 12,511 dwelling units could
be constructed in the overall planning area,
based on maximum density estimates. The
resulting buildout population for the
Moorpark planning area would be
approximately 40,856 34,280 persons, based
on the County's 2.74 population dwelling
unit factor for the year 2010. Note however
that the resulting buildout for the Moorpark
planning area would be approximately (a)
41,799 persons, based on the California
Department of Finance Demographic Research
Unit's "Ventura County Population and
Housing Estimates" for Moorpark which
average 3.341 persons per household for the
15
Measure "S"
years 1994 -1997 inclusive; or, (b) 40,785
persons, based on the "VCOG 2020 Population
Per Dwelling Unit Ratio Forecast" for the
City of Moorpark (3.26 persons per dwelling
unit). The Table 3 buildout figures were
calculated using the smaller county -wide
ratios and are considered a conservative
population estimate for the City.
9. Table 3 of the Land Use Element at pages 39 -40 is
amended below to delete SP 8 "Messenger ", its associated du, and
total population figures. It is the purpose of this amendment
to conform the table to the changes in the General Plan made by
this amendment only. It is recognized that the City of Moorpark
has passed certain resolutions amending the General Plan that
would additionally affect the population figures set forth in
Table 3, by virtue of the Carlsberg project (Permit #SP 92 -1,
Resolution #94 -1061 adding 147 dwelling units); the Bollinger
Project (Permit #94 -1, Resolution #96 -1197 adding 85 dwelling
units); the SDI project (Permit #95 -1, Resolution # 96 -1222
deleting 1 dwelling unit) ; and the Jones project (Permit # 96 -2,
Resolution #97 -1310 deleting 21 dwelling units).
Notwithstanding those General Plan Amendments Table 3 has not
been updated by the City. It is not the purpose of this
conforming amendment to update Table 3 other than to reflect the
amendments in this initiative. To the extent that the official
City Table 3 should be modified as a result of Resolution
Numbers 94 -1061, 96 -1197, 96 -1222, and 97 -1310, Table 3
continues to need modification.
16
Measure "S"
Table 3
LAND USE PLAN - STATISTICAL SUMMARY
City
Land Use Designation Area
* * *
SP SPECIFIC PLAN*
* * *
SP 8 MESSENGER
* * *
Unincorporated Total Planning
Area Area Combined
TOTAL DWELLING UNITS ** 12,511 du 2,400 -iu 12,511 14,911du
(At Buildout -Year 2010)
TOTAL POPULATION * ** 34,280 6'5:�6 34,280 4@;856
(At Buildout -Year 2010)
TOTAL CITY AREA ACRES (Approximate) 7,916 ac
TOTAL UNINCORPORATED AREA ACRES (Approximate) -0- 4;,208 ac
TOTAL PLANNING AREA COMBINED (Approximate) 7,916 12,116 ac
[NOTE: fn * and fn * ** remain unchanged. fn ** is modified:]
** Residential Density calculations for specific plan areas
are based on the maximum density. Section 5.2 of the Land
Use Element allows the City Council to approve a density
exceeding the maximum density, up to an identified density
limit, if public improvements, public services, and /or
financial contributions are provided that the City Council
determines to be of substantial public benefit to the
community. If the density limit is approved for SP's 1, 2,
9, and 10, and 8, the total dwelling units would increase
from 1�,911 12,511 to 46-z 1 13,070 and the total
population would increase from 41,850 34,280 to 44,63T
35,812 (these density limit estimates were used as the
basis for determining the significance of impacts in the
Final Environmental Impact Report and the Findings required
by Section 15091 of CEQA).
10. Section 7.0 IMPLEMENTATION, of the Land Use
Element, at Implementation Measure 16, at page 44, is amended as
follows:
17
Measure S"
16. Ensure that all applications
to the
Ventura County Local Agency
Formation Commission (LAFCO) to
amend the City's sphere of
influence boundary, are consistent
with the approved Land Use Plan,
and in particular the Moorpark
City Urban Restriction Boundary,
to allow for proper planning
within e7f the probable, ultimate
physical boundaries and service
area of the City.
11. The last paragraph of Section 5.0 of the Circulation
Element (Roadway Circulation Plan), at page 20 is amended as
follows:
Provision of an eastern extension of
Broadway Road potentially connecting with
Alamos Canyon Road and the SR -118 Freeway to
serve circulation needs of potential future
deve epffie t agricultural, open- space, or
recreational uses in the portion of the
planning area northeast of the City limits.
Section 5. Insertion Date.
A. Upon the effective date of this initiative, it shall
be deemed inserted as Section 8.0, et seq. of the Land Use
Element of the City of Moorpark's General Plan as an amendment
thereof; and the Conforming Amendments of Section 4 shall be
appropriately inserted in the General Plan replacing the amended
provisions, except, if the four amendments of the mandatory
elements of the general plan permitted by state law for any
given calendar year have already been utilized prior to the
effective date of this initiative, this General Plan amendment
shall be deemed inserted in the City's General Plan on January 1
of the calendar year immediately following the date this
initiative is adopted.
B. The City of Moorpark General Plan in effect at the
time the Notice of Intention to circulate this initiative
measure was submitted to the City Clerk of Moorpark, and that
General Plan as amended by this initiative measure, comprise an
integrated, internally consistent and compatible statement of
policies for the City. In order to ensure that the City of
Measure "S"
Moorpark General Plan remains an integrated, internally
consistent and compatible statement of policies for the City as
required by state law and to ensure that the actions of the
voters in enacting this initiative are given effect, any
provision of the General Plan that is adopted between the
submittal date and the date that this initiative measure is
deemed inserted into the General Plan, shall, to the extent that
such interim - enacted provision is inconsistent with the General
Plan provisions adopted by section 3 of this initiative measure,
be amended as soon as possible and in the manner and time
required by state law to ensure consistency between the
provisions adopted by this initiative and other elements of the
City's General Plan. In the alternative, such interim - enacted
inconsistent provision shall be disregarded.
Section 6. Severability.
This measure shall be interpreted so as to be consistent
with all federal and state laws, rules, and regulations. If any
section, sub - section, sentence, clause, phrase, part, or portion
of this measure is held to be invalid or unconstitutional by a
final judgement of a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions
of this measure. The voters hereby declare that this measure,
and each section, sub - section, sentence, clause, phrase, part,
or portion thereof would have been adopted or passed even if one
or more sections, sub - sections, sentences, clauses, phrases,
parts, or portions are declared invalid or unconstitutional. If
any provision of this initiative is declared invalid as applied
to any person or circumstance, such invalidity shall not affect
any application of this measure that can be given effect without
the invalid application. This initiative shall be broadly
construed in order to achieve the purposes stated in this
initiative. It is the intent of the voters that the provisions
of this measure shall be interpreted by the City and others in a
manner that facilitates the confinement of urban uses thereby
protecting agricultural, open -space and rural lands, and
preventing urban sprawl.
Section 7. Amendment or Repeal.
Except as otherwise provided herein, this initiative may be
amended or repealed only by the voters of the City of Moorpark
at an election held in accordance with state law.
19
Measure "S"
Section 8. Competing Measures.
In the event there are competing measures on the same
ballot with this measure that purport to address the same
subject matter of this measure, the following rules shall apply:
If more than one such measure passes, the both measures shall go
into effect except to the extent that particular provisions of
one initiative are in direct, irreconcilable conflict with
particular provisions of another initiative. In that event, as
to those conflicting provisions only, the provisions of the
initiative which received the most votes shall prevail.
20
EXHIBIT A
21
EXHIBIT B
.%
AREA OF INTEREST 00 '••`
.•• •
TABLE OF CONTENTS
0000ceo CURRENT CITY LIMITS AND SPHERE OF INFLUENCE AND CURB LINE
.e..ee.ee AREA OFINTEREST
r r r r r 6PEgfF76- ptgN�g- BgUplgAf#'F
VENTURA COUNTY LAND USE DESIGNATIONS FOR
EXHIBIT B AREAS OUTSIDE THE CURRENT CITY LIMITS:
®EXISTING COMMUNITY
(PER AREA PLAN OR COMMUNITY MAP)
® RURAL
(1 ACRE 4)
®AGRICULTURAL
(40 ACRE .)
OPEN SPACE
(10 ACRE .)
`,j�
ul
't' 5 ACRES MINIMUM
EXHIBIT 4
NOTE, P1eeve- reiert6 -!
Planning Area Land Use Plan
CITY OF MOORPARK GENERAL PLAN
NO SPECIFIC SCALE
22
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of
Moorpark, California, do hereby certify under penalty of perjury
that the foregoing Measure "S" Ordinance was adopted by a
majority of the voters, voting on the proposed ordinance at a
Special Municipal Election on January 12, 1999, and pursuant to
Resolution No. 99 -1572, reciting the fact of the Special
Municipal Election and declaring the election results and such
other matters as required by law, and adopted by the City
Council of the City of Moorpark at a meeting held on the 3rd day
of February, 1999, the City Council declared and determined that
the Measure "S" Ordinance was to go into effect ten (10) days
after adoption of Resolution No. 99 -1572.
WITNESS my hand and the official seal of said City chis 3rd
day of December, 1999.
Deborah S. Traffenste t, City Clerk
(seal)
23