HomeMy WebLinkAboutRES CC 1998 1519 1998 1007RESOLUTION NO. 98 -1519
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, JANUARY 12,
1999, FOR THE SUBMISSION OF AN ORDINANCE TO
THE QUALIFIED VOTERS
WHEREAS, pursuant to authority provided by statute, a petition
has been filed with the legislative body of the City of Moorpark,
California, signed by more than 15 percent of the number of
registered voters of the City to submit a proposed Moorpark Save
Open Space and Agricultural Resources (SOAR) Ordinance to the
voters at a special election; and
WHEREAS, the City Clerk has ascertained that the petition has
been signed by the requisite number of voters and has so certified;
and
WHEREAS, the City Council has not voted in favor of the
adoption of the initiative ordinance; and
WHEREAS, the City Council is authorized and directed by
statute to submit the proposed ordinance to the voters;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws
of the State of California relating to General Law Cities, there is
called and ordered to be held in the City of Moorpark, California,
on Tuesday, January 12, 1999, a Special Municipal Election for the
purpose of submitting the following ordinance:
Shall the ordinance entitled the Moorpark
Save Open -Space and Agricultural Resources be
Yes
adopted?
No
SECTION 2. That the text of the ordinance to be submitted
to the voters is attached as Exhibit A.
SECTION 3. That the ballots to be used at the election
shall be in form and content as required by law.
SECTION 4. That the polls for the election shall be open
at seven o'clock a.m. of the day of the election and shall remain
open continuously from that time until eight o'clock p.m. of the
Resolution No. 98 -1519
Page 2
same day, when the polls shall be closed, except as provided in
Section 14401 of the Elections Code of the State of California.
SECTION 5. That in all particulars not recited in this
Resolution, the election shall be held and conducted as provided by
law for holding municipal elections.
SECTION
the election
and directed
election, in
6. That notice of the time and place of holding
is given and the City Clerk is authorized, instructed
to give such further or additional notice of the
time, form, and manner required by law.
SECTION 7. That the City Clerk of the City of Moorpark is
hereby directed to file a certified copy of this Resolution with
the Board of Supervisors and the County Clerk of the County of
Ventura.
SECTION 8. That the City Clerk shall certify to the passage
and adoption of this Resolution and enter it into the book of
original Resolutions.
PASSED, APPROVED AND ADOPTED/thVs 7th day,o y October, 1998.
ck Hunttr, Mayor
ATTEST:
Deborah S. Traffens edt, City Clerk
Exhibit A: Moorpark Save Open Space and Agricultural Resources
(SOAR) Ordinance
EXHIBIT A
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. Pin-pose. 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;
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 on lands outside the Moorpark CURB line ongoing natural
resource and open space uses as defined in Government Code section 65560(b), such as
preservation of natural resources, public and private outdoor recreation, uses that foster public
health and safety, and productive investment for farming enterprises;
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
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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, (231
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 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
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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 Agriculwre (Goal
11 and Policies 11.1 through 11.3) and Preservation of Environmental Quality (Goal 1� 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.
6. Although established in the same location as the Sphere of Influence line as it
exists as of January 1, 1998, the 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 ", ei 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, micro -
climate and hydrology, has become one of the finest growing regions in the world. Vegetable and
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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:
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;
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 on lands outside the Moorpark CURB line ongoing natural
resource and open space uses as defined in Government Code section 65560(b), such as
preservation of natural resources, public and private outdoor .recreation, uses that foster public
health and safety, and productive investment for farming enterprises;
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 -open 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
4
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 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 belo% . Graphic representation of that line is
shown at Exhibit "A ".
B. Until December 3 1, 2020, the Cite 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 Cite 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.
C. "Urbanized 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
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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 3 1, 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 Environmental 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 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
6
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 with in 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 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 presentations 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: '
I) 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.
F. The City Council may amend the CURB line location to encompass lands
contemplated for construction of public potable water facilities, 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 StFiketh;Ough 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 mote of the electorate. Other exceptions to this policy are
found at Section 8.4.
infrastructure be extended
prior to approval- of— any-devel .
2. Policy 2.1 of the Land Use Element at page l l is amended as follows:
The City shall strive to obtain and maintain sphere of influence
boundaries consistent with the City Urban Restriction Boundary.
hulannecl (-ban r ea n-t-he- adepted T „ � nl
3. Goal 1 1 of the Land Use Element at page 16 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 (roses 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 be deented 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. b as eeenot i allly- able.
5. Section 5.2 SPECIFIC PLAN DESIGNATION - SP, of the Land Use
Element, at page 28, is amended as follows:
9
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 at�d specific l�Ian aroma S, wl�ieh is
within- tkie -uni c-&rporated- planning -area. Specific plan area 3
(proposed within the city limits) and specific plan areas 4,5,6, and 7
(proposed within the unincorporated planning area) were studied ,
but were found not to be appropriate for urban development for the '
foreseeahle.future duiing4he-firne-pefimed covered by this Land Use
Element (year 20 10 b i}doul) and were not approved.
Specific plan areas 1, 2, S, 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 52 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 City Limits
As -noted - en-the- -Lai }d -Use- Waii,—one-spee4fic�1an are has- been - designated outsid
o€- t11e- ex4stiiig Ot3F -of- Moorpark ainiits -{ ec fic Flan A 0 - -8); wit]iiiT-the -area
proposed )ansifl ere of in,", uence. - speciflc— plan -fbr -this
afea is- require d-, and--n}ust- address- c- o-tapr-eh variety- e land- use - issues
iic1ud-i"pogr*iy, -v ewslied;- ope"pa -c-e- 'feWatio� . njinimum of 25
percent- open -space must -be-pievided.
Specific plan areas 4, 5, 6, and 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 he outside the sphere of influence and outside of the
CURB (See Section 8. 0, et seq.) and accordingly not tome appropriate for urban
development -pr-ior to t ie-yeaf-�14- (General Plan bu-il cut) and were, therefore,
not approved.
A deseriptioia�f the�x�sti��g� landsesot�atial planning issues (opportur�i+eszand
10
con sti- t a -nd4ie- pr- oposed- lzifid- use - mix- for-th"ne- specific- Plan-- afea-PFopesed
in-t -he unineer-pof= aced -- planning- area -is provided- below-
Specific Plan 8 (Deleted)
• SA.".X'
413-pef•tUnities a-nd- Constraints
Spec-i i"- af-i-afea- development - issues -tfl -be - add- ressed- dufiiig- spe6fic -plan
pr�pafati6Band- ,ubsequent- Fevi inel i e:
Topogfa}3}iy-£ �+"eep- hi]Wdes— it- lin-the-,peEi€>" an- afea -req ire a
Eet��plere-- evaluatel�- ofJsteep�lopes�lj�st- able�eils, arfd�ta�eF- potent+a�
geoteeh��i�al- Eenstf- --aint� -o�taf e- plafr- aj�a- dtrFing-- t��e�evelopf�en�/review�f -tfii�
speEiffEPlan ensist�nt �vit11 Eit olic �f ading�s- restrictted�f� slopes -gr -eater
tba n 20 per- -ent -a tad - development- pr -eliibited -iii if- eas-vliere- potei�14ia-zafds
c-ar':net- -be-fit y m4i<gated.
Hydfolog al�atioff of- e�ci�tin�� drainage�orffses st}F#�ee rt�f�o# potential
€food- haz-aiAs- aiid-etliel liydi-olo`.;ical- consH-ai{it s- will-- be- condoc- ted-di}fi"e
develepf�ent�Fevte�v- o€- ta�is�pecif c- 131an.
Viewshed - -- The visuahinpoi-t -a nce -e€ i'111 ide iefi-zon- lines/premiiient- ri��=elines
with ti�is�peci#+E plan area ftef�� stir -FOB ndifg- aF-ea& -,AA, be e alaat-ed dttfingg tl e
pr-e�on and Feview -o€- this- spe6fic -plan. Cluster- iffg- ef- dw- e44+g-u;,its�hould be
censi eFed where apprapf-- fate -fl- aonser-ve and flatUFaT resource.
i�- lolflgt cal- ��SOt# FEeS��l1e�I�nI�Ea11C- e-- Of- b+6lo� �al�'eS @u;�;;��o' �Cll- n3a�- -o6E�f
on-site (i.e., eak tees tlifeatened, - raFe,-endafl,,c red -plan s-an4- ai,,iin is et.ball -be
detefn- fined- dufing speci e laii- pf-epaf-at�and review. The-ff-e�en Of an
f-esauf:ees deteFfffi�4-& be- sigfiiflc- ant - shall -be -ene -e r ged4lwoug"abitat
pf= esery tion, e nhzin eement- er replacement.
11
Arc- liaeoleg-y -- The-sPeerfe -oatf- area -- will-- be- evaltiat�t- e�tfffl�ie ,V,,hetl}ef
at,eliaeolegieal- +eseuFees occ-i -r witati"le -ev- rill- Pl -aiv,- e d4hei- petetittal
significance.
Agi- 'teull -ure T : is -speci € i"taii- will - address t13e�iability-and-- maliitenanee ef-t1ie
ltr ijted "lei tiie aii iew de Si�,mific- anee!24afii}laiids which oeeuf- o mn-the
plait --at ea:
r
.e s
Paf- k-s— an- evkiatlen- will -lie conducted - duff",., the development of ttiis- sPec-ife
plaii,4-e denti"uifed- pai -3:laiid- dedie- ation- eonsistent -wit 4he-Git iii�
Gode- and-Cyeiiera�R an requirements-
Circulat -ice -te- spec -i- fie- plafr- af-ea-6ilc4at}on- netwo all provide consideration
for its re nsliip to topo,,,mi)liic-- al -eonstfaiiits annd- viewshed- issues an
eetisidefafien -'ef comectio}i -o-f-t- tie- SR-- I4- afid -SR 3- firee� a ° a , t ^^ *�
Inroad- way- extensionT -he specif c- 13ta+i�tial� ensHe Niarea
ai-"roteeted foF lie- planfled- i�adway- u�rades�tiiprevelnents and ad +'ons -as
iden4f edema} tie Eit-y's circ4ation- plait.
lei - opesed- l-arid -Uses
�he�iuniber of dwellinS iitits shall itot �e�ed 4{�O trless�lie-speci plan area
pf-epeiAy- ewner- a�i -ees- to-j3ro vide- public-ifl j)r —oernent -", u
of substant4l��
€Efiatie���l conbtttons] tat tate� ity Ct�HftEil�et�riii +ties�e b
benefit to t et
exceed 3,2221 Tt to belles
Park, Seheel,, -AgF- cif ral; or-aiy --o lief- a7ppf- opriate !andttse designation, will b
detefni,;�*tt;e-t rn, -- of specifi"lan- pfepa rat ion ei ,Wreval.
S. 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 14,9 -11 12,511
dwelling units could be constructed in the overall planning area,
12
based on maximum density estimates. The resulting buildout
population for the Moorpark planning area would be approximately
40-56 34,280 persons, based on the County's 2.74 population
dwelling unit factor for the year 2010. :Tote hoiPerer that the
resulting huildout for the Moor /)urh planning area iPould he
approximately (a) 41, 799 persons, based on the California
Department of Finance Demographic Research Unit's "Ventura
County Population and Housing Estimates "for llloorpark which
mwerage 3.341 persons per household for the years 1994 -1997
inclush,e, or, (b) 40, 785 persons, based on the "VCOG 2020
Population Per DiPelling Unit Ratio Forecast ".for the City of
Moorpark (3.26 persons per (1welling unit). The Table 3 huildout
figures were calculated using the smaller county- u,irle ratios and
are considered a conser),atihe 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 p -,pulation 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 494 -1, Resolution 996-1197 adding 85 dwelling units); the SDI project
(Permit # 95 -1, Resolution 496 -1222 deleting 1 dwellir� = 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 Cite. 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 reed modification.
13
Table 3
LAND USE PLAN - STATISTICAL SUMMARY
City Unincorporated Total Planning
Land Use Desianation Area Area Area Combined
* * *
SP SPECIFIC PLAN* ?
* * *
SP 8 MES-QI-NG -R 4,200 a^ 2,4 u 4,200 ae 2,400 du
TOTAL DWELLING UNITS ** 12,51 1du 2-,40"u 12,511 du
(At Buildout -Year 20 10)
TOTAL POPULATION * * * 34 280 6 _i4,280 49 $SFi
(At Buildout -Year 2010)
TOTAL CITY AREA ACRES (Approximate) 7,916 ac
TOTAL UNINCORPORATED AREA ACRES (Approximate) -0- 4,'98 ac
TOTAL PLANNING AREA COMBINED (Approximate) 7,916 12,116 ac
[NOTE: fn * and fn * ** remain unchanged. fii ** 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, u)id 10, and -S-, the total dwelling units would increase from
14,911 12,511 to 44- M 13,070 and the total population would increase from 41,856
34,280 to 44;G3-7 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:
16. Ensure that all al)lVic tion1s S- ubrrHil -an - applies lion
to the Ventura County Local Agency Formation
14
Commission (LAFCO) to amend the City's sphere
Of influence boundary, (ire consistent with the
approved Land Use Plan, and in particular the
Aloorpark City Urban Restriction Boundary, to
allow for proper planning within of the probable,
ultimate physical boundaries and service area of the
City.
i
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
fHttffe opment agricultural, open space, or
recreational uses in the portion of the planning area
northeast of the city limits.
Section 5. insertion Dite
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 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.
15
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 judgment of a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this easure.
The voters hereby declare that this measure, and each section, sub - section, sentence, c use,
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.
Section 8. Com )etin 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.
16
IN,
EXHIBIT A
- L
--7
AREA OF INTEREST •,
I
TABLE OF CONTENTS
6'a CURRENT CITY LIMITS AND SPHERE OF INFLUENCE AND CURB LINE
.00.000.9 AREA OF INTEREST
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.)
®AGRICULTURAL
(40 ACRE a)
OPEN SPACE
(10 ACRE a)
01
'1' 5 ACRES MINIMUM
EXHIBIT 4
NeTE. Re s- felef le ihe - 51 the Land Use Elei ens o a
Planning Area Land Use Plan
CITY OF MOORPARK GENERAL PLAN
NO SPECIFIC SCALE
Resolution No. 98 -1519
Page 21
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 Resolution No. 98 -1519 was adopted by the City Council of
the City of Moorpark at a meeting held on the 7th day of October,
1998, and that the same was adopted by the following vote:
AYES: Councilmembers Perez, Teasley, Wozniak and Mayor Hunter
NOES: None
ABSENT: Councilmember Evans
ABSTAIN: None
WITNESS my hand and the official seal of said City this 12th
day of October, 1998.
Deborah S. Traffen dt, City Clerk
(seal)