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HomeMy WebLinkAboutRES CC 1999 1578 1999 0303RESOLUTION NO. 99 -1578 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RESCINDING RESOLUTION NO. 94 -1055, AND ADOPTING NEW GUIDELINES FOR THE SCREENING OF GENERAL PLAN AMENDMENT REQUESTS WHEREAS, Resolution No. 94 -1055 established guidelines for the screening of General Plan Amendments; and, WHEREAS, the City Council has determined that Resolution 94 -1055 should be rescinded; and, WHEREAS, Government Code Section 65300 directs adoption of a comprehensive, long term General Plan for the physical development of the City, and any land outside its boundaries which in the planning agency's judgment bears relation to its planning; and WHEREAS, Government Code Section 65358 provides for the amendment of the General Plan; and WHEREAS, the City Council deems it desirable to establish a procedure for the pre- screening review of General Plan Amendments, and to determine, based upon adopted criteria, those requests for General Plan Amendment which the City will accept as formal General Plan Amendment applications. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Resolution 94 -1055 is hereby rescinded in its entirety. SECTION 2. The City Council hereby adopts the administrative procedure set forth in Exhibit "A ", attached hereto and incorporated by reference, as the procedure for the processing, review, and determination of General Plan Pre- screening Review requests received by the City of Moorpark. SECTION 3. The City Council hereby declares that General Plan Pre - screening reviews shall be subject to full cost accounting practices of the City and shall be subject to deposits, fees and charges as established by City resolution. Resolution No. 99 -1578 Page 2 SECTION 4. The City Clerk shall this resolution, and shall cause be filed in the book of original PASSED, APPROVED, AND ADOPTED T ATTEST: S, tam Deborah S. Traf enstedt City Clerk certify to the adoption of a certified resolution to resolutions. 17th DAY OF March, 1999. ATTACHMENT: Exibit A: General Plan Amendment Pre - screening Review Procedure Resolution No. 99 -1578 Page 3 CITY OF MOORPARK GENERAL PLAN AMENDMENT FRE- SCREENING PROCEDURE CCIRKwjTy DzyzLOPM1tNT DEPARTMENT, CITY OF MOORPARK, 799 MOORPARK RD., MOORPARK, CALIFORNIA, 93021 PURPOSE: To provide a process that property owners, or their agents, may use to present information to the City Council related to proposals for changes in land use designations on property under the applicants' control. SUBMISSIONS: A General Plan Pre - Screening application is submitted to the City on the forms and with the prescribed deposits and exhibits to support the application. Any application submitted without appropriate deposits or required attachments will be considered incomplete and will not be scheduled for review until proper and complete documentation is received. An incomplete submittal will cause the application to be postponed until the next cycle. Attachments to the application shall include a site plan, grading analysis, diagrams to define current and proposed General Plan and zoning designations, and any draft diagrammatic or textual changes to existing General Plan Elements or Specific Plans affected by the application. Applications and information materials may be obtained from the Community Development Department, Moorpark City Hall, 799 Moorpark Ave. Moorpark, California, 93021. Completed applications must be submitted to the Community Development Department. APPLICATIONS: Two application review periods are provided each calendar year for which General Plan Pre - screening Reviews may be submitted. APPLICATION DUE DATES: Cycle 1 complete applications must be filed not later than November 30 preceding the review cycle. Cycle 2 complete applications must be filed not later than May 30 preceding the review cycle. APPLICATION REVIEW HEARINGS: All complete applications for General Plan Pre - Screening shall be reviewed by the Affordable Housing /Community Development Committee who shall provide a recommendation to the City Council. The City Council shall conduct a Public Hearing on each application and shall make a determination to approve or deny the filing of a formal General Plan Amendment. IM 11: Resolution No. 99 -1578 Page 4 GENERAL PLAN PRE- SCREENING APPLICATIONS PAGE 2 APPLICATION HEARING SCHEDULE: ACTION CYCLE 1 CYCLE 2 Application Deadline November 30 May 30th Community Development January Meeting(1) July Meeting(1) Committee Review City Council Public March to May, September to Hearing Depending on November, Depending Committee Review on Committee Review (1) The Affordable Housing /Community Development Committee may take up to 60 days to complete review and recommendations. APPLICATION DECISIONS: AFFORDABLE HOUSING /COMMUNITY DEVELOPMENT COMMITTEE: The Affordable Housing /Community Development Committee will review the application and supporting materials. The Committee shall make a recommendation to the City Council and identify any issues and concerns regarding the request that the City Council may wish to consider in its deliberations. All applications filed for any cycle shall be scheduled for hearing before the Affordable Housing /Community Development Committee on the same date within the cycle review period. The Committee may review these items over a sixty period. The Committee shall present a recommendation to the City Council on all pre- screening applications it reviews. In developing a recommendation the Committee shall determine the extent to which each application conforms to adopted General Plan element goals and policies for each element upon which the pre- screening application may have an effect. In developing a recommendation, the Committee shall use the same criteria which the City Council shall utilize in reaching its decision. The Committee may recommend approval, denial, or modifications to the pre- screening request the Committee feels shall be necessary to insure compatibility with adjacent uses and in such a way as may implement General Plan goals and policies. The report of the Committee to the City Council shall present findings in support of the recommendation for City Council consideration. 1 Resolution No. 99 -1578 Page 5 GENERAL PLAN PRE - SCREENING APPLICATIONS PAGE 3 CITY COUNCIL: City Council shall conduct a noticed Public Hearing on each General Plan Amendment Pre - screening application. After the close of the review item, City Council will provide the applicant with a determination upon the General Plan Pre - screening Review request. Council will normally render one of the following decisions: APPROVAL- Approval means that the applicant is allowed to prepare and submit a formal application for General Plan Amendment to be reviewed and heard by the Planning Commission and City Council at a subsequent point in time. Council may prescribe additional considerations, materials, and /or studies to be included within the formal application as a condition to approving the pre- screening review. Approval of the pre- screening review is not an approval of the General Plan Amendment and does not guarantee or imply that approval of the formal application for General Plan Amendment will occur once filed. DENIAL- Denial of the pre- screening review means that no formal General Plan Amendment application for the project site will be accepted. Denial of any pre- screening shall disqualify the property from consideration for any additional General Plan Amendment application submittal for a period of one year from the denial date. ACTIONS FOLLOWING DECISIONS: After the City Council has rendered its decision on a pre- screening review, the following actions will occur: APPROVAL- Applicant will be advised in writing of the decision of the City Council. Thereafter, applicant shall file the necessary forms, fees, environmental information and materials to complete a formal General Plan Amendment application with the Community Development Department. Additionally, an applicant shall be required to submit formal applications for a new specific plan, or amendments to an existing specific plan, and /or applications Resolution No. 99 -1578 Page 6 GENERAL PLAN PRE - SCREENING APPLICATIONS PAGE 4 for any change of zoning necessary to ensure consistency of the requested land use designations of the proposed General Plan Amendment. DENIAL- Applicant will be advised in writing of the decision of the Council and advised of the limitation on any further General Plan Amendment requests. A new pre- screening review submittal will be required for any subsequent filings as permitted by this procedure. CONTINUANCE- Applicant will be advised verbally at the pre- screening review of the date and time for continuance and the materials or requirements necessary to aid the Council in its final decision. Failure of the applicant to provide any required material or data may result in a denial at the appointed continuance hearing date. CRITERIA FOR DECISIONS ON PRE - SCREENING REVIEWS: In reaching a decision on any General Plan Pre - Screening Review, the following criteria, included but not limited to, will be used in making determinations. APPROVAL 1. Request demonstrates conformity with the adopted goals, policies and implementation strategies of the adopted General Plan. 2. Request provides potential for compatibility with existing and planned uses in the area. 3. Requests which facilitate a significant contribution to the provision of affordable housing. 4. Projects submitted by other public agencies which will enhance the public health and safety of the community. 5. The proposed amendment is in conformity with other City Council adopted policies. 6. The proposed amendment has the potential to provide, through the project approval process, public improvements, public services, public amenities, and /or financial contributions that the City Council determines to be of substantial public benefit to the community. Resolution No. 99 -1578 Page 7 GENERAL PLAN PRE - SCREENING APPLICATIONS PAGE 5 DENIAL: 1. The request does not demonstrate or is in conflict with any of the criteria for approval. 2. Marked similarities between the application and previously considered requests denied within the last twelve months in the same general area, or on the same property or portion thereof. 3. Requests for intensification or densification within the boundary area of any project, specific plan or planned development approved less than one year prior to the application date. 4. Creation of an island of substantially higher urban density, inconsistent with the goals and policies of the General Plan, in an area of more rural character. 4. Requests which are incompatible with adjacent uses or may induce conflict and /or other incompatibilities. 5. Requests clearly in conflict with any urban restriction limitations criteria adopted by local ordinance or initiative. 6. Requests that induce significant impacts upon viable agricultural uses or diminish prime agricultural lands. 7. Requests that significantly impact prime habitat areas for endangered, threatened or protected species. 8. When the request site is located in an area where the Council has initiated a General Plan Amendment, zone change, or land use study scheduled for a public hearing within the next twelve months. Resolution No. 99 -1578 Page 8 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) ss. I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 99 -1578 was adopted by the City Council of the City of Moorpark at a meeting held on the 3rd day of March, 1999, and that the same was adopted by the following vote: AYES: Councilmembers and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None Evans, Harper, Rodgers, Wozniak WITNESS my hand and the official seal of said City this 19th day of May, 1999. Deborah S. Traffenste , City Clerk (seal)