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HomeMy WebLinkAboutAG RPTS 2003 1104 PC REGResolution No. PC- 2003 -452 PLANNING COMMISSION REGULAR MEETING AGENDA TUESDAY - November 4, 2003 7:00 P.M. Moorpark Community Center 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 799 Moorpark Avenue 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 6. CONSENT CALENDAR: A. Regular Meeting Minutes of October 21, 2003. Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting and for Discussion items prior to the beginning of the first item of the Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Copies of each item of business on the agenda are on file in the office of the Community Development Department /Planning and are available for public review. Any questions concerning any agenda item may be directed to the Community Development Department at 517 -6233. S: \Community Development \ADMIN \COMMISSION \AGENDA \2003 \03 1104 pca.doc Planning Commission Agenda November 4, 2003 Page No. 2 7. PUBLIC COMMENTS: 8. PUBLIC HEARINGS: (next Resolution No. 2003 -452) A. Consider General Plan Amendment No. 2001 -05, Zone Change No. 2001 -02, and Specific Plan No. 2001 -01, for 1,650 Housing Units on 3,586.3 Acres Located Generally North of Moorpark College and State Route 118 on Land Immediately Outside City of Moorpark Municipal Boundaries. Applicant: North Park Village, LP (APN: 500 -0- 120 -065; 500 -0- 170 -135; 500 -0 -180 -125, -135, - 145, -155, -165, -175, -185, -195, -205, -215, -225, - 235, -245, -255; 500 -0- 281 -165, -175; 500 -0- 292 -135, - 145, -195, -215, -225; 615 -0 -110 -205, -215; 615- 0 -150- 185) (Continued from October 21, 2003 Meeting) Staff Recommendation: Continue to accept public comments and continue the agenda item with the public hearing open to the November 18, 2003 Planning Commission meeting. 9. DISCUSSION ITEMS: 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. November 18, 2003 Planning Commission Meeting: • General Plan Amendment No. 2001 -05, Zone Change No. 2001 -02, and Specific Plan No. 2001 -01 11. ADJOURNMENT: --------------------------------------------------------------------------------------------------------------------------- In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or participate in this meeting, including auxiliary aids or services, please contact the Community Development Department at (805) 517 -6233. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability- related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102- 35.104; ADA Title II). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ITEM: 6.A. Planning Commission, City of Moorpark, California Minutes of October 21, 2003 Paste 1 The Regular meeting of the Planning Commission was held on October 21, 2003, in the City Council Chambers; Moorpark Civic Center; 799 Moorpark Avenue; Moorpark, California; 93021. 1. CALL TO ORDER: Chair Landis called the meeting to order at 7:02 p.m. 2. PLEDGE OF ALLEGIANCE: David Bobardt led the Pledge of Allegiance. 3. ROLL CALL: Commissioners Lauletta, Peskay and Pozza, Vice Chair DiCecco and Chair Landis were present. Staff attending the meeting included Barry Hogan, Community Development Director; Walter Brown, City Engineer; David Bobardt, Planning Manager; Laura Stringer, Senior Management Analyst; and Gail Rice, Administrative Secretary. 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: None. 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: None. 6. CONSENT CALENDAR: A. Regular Meeting Minutes of October 21, 2003. MOTION: Commissioner Peskay moved and Vice Chair DiCecco seconded a motion that the Planning Commission Regular Meeting Minutes of October 7, 2003, be approved. (Unanimous 5:0 voice vote.) S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \03 1021pcm.doc Planning Commission, City of Moorpark, California Minutes of October 21, 2003 Page 2 1 7. PUBLIC COMMENTS: 2 None. 3 8. PUBLIC HEARINGS: 4 (next Resolution No. 2002 -452) 5 A. Consider General Plan Amendment No. 2001 -05, Zone 6 Change No. 2001 -02, and Specific Plan No. 2001 -01, for 7 1, 650 Housing Units on 3, 586. 3 Acres Located Generally 8 North of Moorpark College and State Route 118 on Land 9 Immediately Outside City of Moorpark Municipal 10 Boundaries. Applicant: North Park Village, LP (APN: 11 500 -0 -120 -065; 500 -0 -170 -135; 500 -0- 180 -125, -1351, - 12 1451 -155, -165, -175, -1850, -195, -205, -215, -225, - 13 235, -245, -255; 500 -0- 281 -165, -175; 500 -0- 292 -135, - 14 145, -195, -215, -225; 615 -0 -110 -205, -215; 615- 0 -150- 15 185) 16 Staff Recommendation: Continue to accept public 17 comments and continue the agenda item with the public 18 hearing open to the November 4, 2003 Planning 19 Commission meeting. 20 David Bobardt provided the staff presentation. 21 Disclosure by the Commission took place. 22 • Chair Landis stated that he had met with the 23 applicant. 24 • Vice Chair DiCecco stated that he had met with 25 the applicant. 26 Chair Landis opened the public hearing. 27 Kim Kilkenny, applicant, spoke on the project plans 28 (voter assurance and the land plan); preservation 29 (nature preserve, parks, open space, trail system); 30 recreation lake (uses and water); school site and day 31 care facility; fire services and the helipad; college 32 observatory; neighborhood center; and options. He 33 also spoke on issues raised by the public with regard 34 to traffic, grading, impact to hillsides, Fox Canyon 0` 002 Planning Commission, City of Moorpark, California Minutes of October 21, 2003 Page 3 1 Outcrop, visual and fiscal impacts, other plan 2 options, proposed options and the process. 3 The Commission questioned applicant on taxes; 4 maintenance of the natural preserve; no circulation on 5 the west side of the property; previous developers and 6 their issues; commercial center; lot sizes; mixed 7 uses; access, circumference and maintenance of the 8 lake; school site and size; dirt road to be used for 9 construction; the park increasing traffic; and the 10 interchange timeframe. 11 Diane Caro, resident, indicated that she was not 12 thoroughly convinced yet and spoke on water 13 opportunities, the site for the fire station, Fox 14 Canyon Outcropping, entry homes, some homes around the 15 Fox Canyon Outcropping and park maintenance. 16 Michael Garner, resident, met with applicants and 17 commented that he looks forward to the chance of being 18 able to vote on this project. 19 Dorothy Ventimiglio, resident, not in support of the 20 proposal, stated that traffic, water, resources, 21 pollution, toxic substances, San Joaquin Valley Fever 22 and the Unocal property were still major concerns. 23 Cheri Risley Bohnert, resident, spoke in support of 24 the proposal, stating that she liked the second and 25 third story usage of the commercial buildings for 26 residential, access above the college, would like to 27 see the west side used more to avoid impact and wanted 28 to see the larger lots and homes. 29 Judith Roller, resident, stated that she was not in 30 support of the proposal because traffic is still a 31 major issue and there is no extra lane for an 32 emergency vehicle to get through, if necessary. 33 Lisa Leal, resident, spoke in favor of the proposal, 34 stating that without the project there would be no 35 access going through that area. She is a firm 36 supporter of SOAR and still believes in protecting 37 land but stated that this developer presented a more 0'.' 003 Planning Commission, City of Moorpark, California Minutes of October 21, 2003 Pacre 4 1 viable project than the previous project and this 2 project includes more beauty, revenue and jobs. 3 Janet Murphy, resident, in support of the proposal, 4 commented that the developer needs to bring the 5 project to the voters and recommended voting in 6 November and not in the summer months. She commented 7 on the more sensitive habitat on the east side of this 8 project; the City and applicant scheduling on -site 9 field trips for the public and stated traffic problems 10 will be in this area with or without North Park 11 Village, which are issues the City should resolve now. 12 Martyn Keats, business owner, spoke on the "small 13 town" lifestyle in Moorpark and that he supported 14 SOAR. He stated that the sports park mentioned in the 15 draft EIR has to be built by the citizens and not the 16 developer. 17 18 19 20 21 22 23 24 25 26 27 28 Two (2) written statement cards were submitted. Their statements will be included in the record. Chair Landis closed the public hearing. The Commission questioned staff about the peak hours used for the traffic study and public tours of the site. Mr. Kilkenny stated that citizens may call their office at 805 - 378 -1150 and arrange a tour of the proposed site. Mr. Bobardt commented on scheduled for the November Commission meetings. the presentation process and December 2003 Planning 29 Mr. Hogan clarified that the City Council will decide 30 on the voting date for this project and that it was 31 not a decision the Planning Commission could make. 32 Mr. Hogan commented that staff appreciated the 33 comments received from the community, but that staff 34 was still analyzing information on the North Park 35 project, which would be included in a final 36 recommendation. Wf ". 004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Planning Commission, City of Moorpark, California Minutes of October 21, 2003 Page 5 MOTION: Commissioner Peskay moved and Vice Chair DiCecco seconded a motion to approve staff recommendation. (Motion carried with a unanimous 5:0 voice vote.) 9. DISCUSSION ITEMS: None. 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. October 21, 2003 Planning Commission Meeting: a. General Plan Amendment No. 2001 -05; Zone Change No. 2001 -02 and Specific Plan No. 2001 -01 (Continued from October 7, 2003, public hearing open) Barry Hogan discussed future agenda items. 11. ADJOURNMENT: MOTION: Commissioner Pozza moved and Commissioner Lauletta seconded a motion to adjourn the meeting. (Motion carried with a unanimous 5:0 voice vote.) The meeting was adjourned at 9:24 p.m. ATTEST: Barry K. Hogan Community Development Director Kipp A. Landis, Chair 0''i 005 ITEM: 8. A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo .� Prepared by: David A. Bobardt, Planning Man' r� DATE: October 29, 2003 (PC Meeting of 11/04/2003) SUBJECT: Consider General Plan Amendment No. 2001 -05, Zone Change No. 2001 -02, and Specific Plan No. 2001 -01, for 1,650 Housing Units on 3,586.3 Acres Located Generally North of Moorpark College and State Route 118 on Land Immediately Outside City of Moorpark Municipal Boundaries. Applicant: North Park Village, LP (APN: 500 -0- 120 -065; 500- 0 -170- 135; 500 -0- 180 -125, -135, -145, -155, -165, -175, -185, - 195, -205, -215, -225, -235, -245, -255; 500 -0- 281 -165, - 175; 500 -0- 292 -135, -145, -195, -215, -225; 615- 0 -110- 205, -215; 615 -0- 150 -185) BACKGROUND On October 7, 2003, staff presented a report to the Planning Commission on the regulatory context for the processing of a General Plan Amendment, Specific Plan, and Zone Change for the proposed North Park project. In addition, a schedule was presented suggesting the division of discussion on the North Park project by topic. The Planning Commission opened the public hearing and began accepting comments on the project. The agenda item was continued with the public hearing open to October 21, 2003. That meeting focused on the project description, additional public testimony was heard, and the agenda item was continued further to November 4, 2003, with the hearing still open. This report identifies the General Plan issues staff believes are most critical in assessing the proposed project. Future reports will provide more detailed analysis of these issues along with additional staff analysis of the project applications and the Environmental Impact Report. Such detailed analysis would be premature at this time without the benefit of responses to the comments on the Draft Environmental Impact Report. \ \mor_pri sery \City Share \Community Development \DEV PMTS \S P \11 -North Park \Agenda Reports \031104 PC Report.doc , ^ O C v V Honorable Planning Commission November 4, 2003 Page 2 DISCUSSION Citv of Moorpark General Plan Histor Comprehensive planning for Moorpark began prior to incorporation with community plans for the Moorpark area developed by the County of Ventura as early as 1964. The County's 1979 plan for the Moorpark area was adopted by the City as its first Land Use Element in 1983, the year of Moorpark's incorporation. Subsequently, other elements were adopted and amended over the years. The following summarizes the current General Plan goals, policies, and programs for each element as applicable to the consideration of the North Park Project. Land Use Element: The most recent Land Use Element was adopted in 1992 and has been amended several times. Applicable primary concerns addressed by the Land Use Element include: ■ Balanced community growth patterns ■ Land use compatibility ■ Suburban rural community character ■ Preservation of important natural features, agricultural areas, and visually prominent hillside areas ■ Overall intensity and density of residential land uses decreases as distance from arterials and shopping areas increases Applicable goals and policies are as follows: Goal 1: Attain a balanced City growth pattern which includes a full mix of land uses. ■ New development and redevelopment shall be orderly with respect to location, timing, and density /intensity; consistent with the provision of local public services and facilities; and compatible with the overall suburban rural community character. ■ New residential development shall be consistent with City adopted growth ordinance policies. ■ New development and redevelopment shall be coordinated so that the existing and planned capacity of public facilities and services shall not be adversely impacted. ■ A comprehensive planning approach for undeveloped areas of the community shall be followed to prevent disjointed, incremental expansion of development. Qx. 007 Honorable Planning Commission November 4, 2003 Page 3 Goal 2: Establish a logical Sphere of Influence. ■ The City shall strive to obtain and maintain sphere of influence boundaries consistent with the planned urban area on the adopted Land Use Plan. Goal 3: Provide a variety of housing types and opportunities for all economic segments of the community. ■ A mix of residential densities shall be provided which accommodates the housing needs of all members of the community. ■ Residential projects shall include variation of residential product types, lot sizes, and designs, unless determined by the City to be infeasible due to the size of the project. ■ Where feasible, inclusionary zoning shall be used to require that a percentage of new, private residential development be affordable to very low to moderate income households. Goal 5: Develop new residential housing which is compatible with the character of existing individual neighborhoods and minimizes land use incompatibility. ■ Multiple- family dwellings shall be developed in close proximity to employment opportunities, shopping areas, public parks, and transit lines, with careful consideration of the proximity to and compatibility with single- family neighborhoods. ■ Landscaped and /or natural vegetation buffer areas shall be provided around and within residential projects to minimize land use conflicts and privacy impacts. ■ Clustering of residential dwelling units may be allowed, if it can be shown that the common area created by the clustering is designed to protect a public interest or provide a public benefit such as the following: protects environmentally sensitive habitat or agricultural land; promotes land conservation as well as visual relief; provides a substantial recreational opportunity or an affordable housing benefit. 0 ?.. 008 Honorable Planning Commission November 4, 2003 Page 4 Goal 6: Encourage the use of Specific Plans in the undeveloped areas of the community. ■ Specific Plans shall be utilized as a tool for implementation of General Plan policies and priorities for larger land areas. The intent of each Specific Plan is to achieve a long -term cohesive development program which is responsive to the physical and economic opportunities and constraints of each individual Specific Plan area. ■ The ultimate land uses, design guidelines, development standards, infrastructure and phasing requirements adopted for any given Specific Plan shall be consistent with the General Plan text discussion of the type, location and intensity of use determined appropriate for each Specific Plan area. ■ Development intensity and density should decrease as distance from arterials and commercial shopping areas increases. ■ The land use plan shall include adequate land for public recreational, cultural, educational, institutional (governmental, police, fire, etc.), religious and other service uses for the community. Goal 7: Provide for a variety of commercial facilities which serve community residents and meet regional needs. ■ Commercial development should be clustered in compact areas, rather than extended along streets and highways (i.e. strip commercial development). ■ Commercial uses should be located along major roadways in order to consolidate centers and provide pedestrian links to adjacent residential areas. Goal 8: Provide for new commercial development which is compatible with surrounding land uses. ■ Commercial development shall incorporate design features such as walls, landscaping and setbacks, and include height and lighting restrictions so as to minimize adverse impacts on adjacent uses and enhance the visual characteristics of the area. ■ Automobile and truck access to commercial properties shall be located so as to minimize impacts to adjacent uses. 0 009 Honorable Planning Commission November 4, 2003 Page 5 Goal 11: 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 be deemed viable. ■ An agricultural land 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. ■ When new residential development is adjacent to existing agricultural uses, a 200 -foot minimum setback shall be provided to minimize compatibility conflicts. No setback is required from ornamental, fruit - bearing tree groves within a Residential Planned Development (RPD) project when such groves are provided to emulate the character of commercial agriculture, based on a City- approved Landscape Plan. ■ Agricultural uses in buffer areas between Moorpark and adjacent communities shall be encouraged, and the City shall support the use of Greenbelt Agreements to preserve agricultural land uses. Goal 12: Ensure a full range of public facilities and services are provided to meet the needs of the community. ■ Development shall be permitted only when adequate public facilities and services are available or will be provided when needed. ■ New residential development shall include adequate public and private open space and recreational uses to serve residential neighborhoods. ■ The City's current standard of five acres of parkland per 1,000 persons, or such higher maximum standard allowed by State law, shall be maintained consistent with the City's Open Space and Recreation Element to ensure that adequate passive /active parkland is provided in conjunction with future infill, redevelopment, and new development projects. WC 4. 010 Honorable Planning Commission November 4, 2003 Page 6 ■ Any proposed project shall be required to contribute its fair share of the cost of providing adequate public services and facilities. ■ Where determined feasible, future development shall include infrastructure improvements to allow use of tertiary treated water. Goal 13: Achieve a well - balanced and diversified economy within the City which provides a variety of economic and employment opportunities. ■ A balanced jobs /housing ratio should be encouraged. Goal 14: Establish land uses and development intensities which are compatible with scenic and natural resources and which encourage environmental preservation. ■ New development shall be located and designed to minimize adverse visual and /or environmental impacts to the community. ■ New development shall respect, integrate with, and complement the natural features of the land ■ New development shall not contribute to or cause hazardous conditions of any kind. ■ Areas identified as significant aquifer recharge areas shall be protected and preserved. Goal 15: Maintain a high quality environment that contributes to and enhances the quality of life and protects public health, safety, and welfare. ■ Public and private projects shall be designed so that significant vegetation shall be maintained and protected, including riparian and oak woodland vegetation and mature trees (as defined by City Code). ■ Ecologically sensitive habitats shall be protected and preserved or replaced with no net loss of habitat so long as there is substantial public benefit to any relocation program. ■ Natural and cultural resources having significant educational, scientific, scenic, recreational or social value shall be protected and preserved. ■ Development which will not result in a negative impact on air quality shall be encouraged in order to maintain and enhance air quality for the health and well -being of City residents 0(1 UI1. Honorable Planning Commission November 4, 2003 Page 7 ■ The City shall require developers to maintain wildlife corridors to allow for the passage of animals between designated open space or recreation areas. ■ Development in significant hazard areas, which cannot be mitigated without resulting in significant adverse environmental impacts, shall be prohibited. ■ New development projects shall be required to use xeriscape landscaping techniques which include drought - tolerant plant species, reduction of turf area, irrigation designed to meet plant needs, and grouping plants according to their watering needs. Goal 16: Enhance and maintain the suburban /rural identity of the community. ■ The overall density and intensity of development should decrease as the slope increases. ■ New residential development should complement the overall community character of the City, establish a sense of place, and ensure compatibility with important existing local community identities. Goal 17: Enhance the physical and visual image of the community. ■ New development shall be compatible with the scale and visual character of the surrounding neighborhood. ■ Identifiable entryways for the overall community, and unique or principal business /commercial districts of the City (i.e., City core and transportation corridors) should be encouraged. ■ New development should incorporate a variety of landscape architecture themes and techniques to help organize and delineate land uses and to enhance the overall visual quality of the City. ■ Enhanced landscaping shall be used around residential, commercial and industrial buildings and parking areas as well as along easements of flood control channels, roadways, railroad right of ways, and other public and private areas, to soften the urban environment and enhance views from roadways and surrounding uses. ■ Design features which provide visual relief and separation shall be required between land uses of conflicting character. o� C% 012 Honorable Planning Commission November 4, 2003 Page 8 ■ Undergrounding of utilities shall be required in conjunction with development projects whenever feasible. ■ Visual impacts of above -grade utility structures, such as water storage tanks, water check valves, electric and telephone boxes, etc. shall be minimized through use of landscaping, materials, and colors that blend with the environment. ■ The City shall encourage the provision of art in public places and encourage developers to include works of art or artistic elements as part of commercial and industrial development projects. The Land Use Element, as amended by Measure "S ", plans for a total of 12,511 residential units, all within the existing City limits. It also includes an urban growth boundary for urban services not to be extended beyond the City's Sphere of Influence as it existed on January 1, 1998. This boundary, the Moorpark City Urban Restriction Boundary (Moorpark CURB), is co- terminus with the current City boundaries, with the exception of about 56 acres of open space land south of Special Devices, Inc., which is outside the Moorpark CURB. The stated purposes of this boundary: • defining geographic limits of the City, • concentrating development in developed areas, • promoting natural resources and open space uses outside the boundary, • to protect the small town and semi -rural character while encouraging appropriate economic development, • to allow the City to continue to meet its reasonable housing needs for all economic segments, and • to ensure that the conversion of open space or agricultural lands are not converted to non - agricultural of non -open space uses without public debate and a vote of the people are included in the full text of Measure "S" (Attachment 1). The North Park applicant is proposing amendments to the Land Use Element to include a Specific Plan Area designation for the site, to extend the Moorpark CURB to include the area of proposed development, and to amend the tables regarding total number of housing units (and population) under the Land Use Plan. Circulation Element: The City's Circulation Element was adopted at the same time as the Land Use Element in 1992. The Highway Network Plan in the Circulation Element is based on roadways needed to accommodate the growth envisioned in the Land Use Element while achieving the O1., 013 Honorable Planning Commission November 4, 2003 Page 9 identified goals for level of service. Goals and policies of the Circulation Element relevant to the North Park project are: Goal 1: Provide a transportation system that supports the land use plan in the General Plan and provides for the safe and efficient movement of people, goods, and services within, into, out of, and through the City of Moorpark. ■ New residential streets should be designed so as to discourage pass- through trips which do not begin nor end within the residential area served by the street. ■ Roadways, pedestrian areas, walks, street name signs and utilities in applicable outlying areas shall be designed to convey a rural appearance while providing for low maintenance costs and safe passage of vehicles, pedestrians, equestrians, and bicycles. Goal 2: Provide a circulation system which supports existing, approved and planned land uses throughout the City while maintaining a desired level of service on all streets and at all intersections. ■ Level of service "C" shall be the system performance objective for traffic volumes on the circulation system. For roadways and interchanges already operating at less than level of service "C ", the system performance objective shall be to maintain or improve the current level of service. ■ Project phasing shall be coordinated with the construction of on -site and off -site circulation improvements to maintain the performance standards objectives specified in Policy 2.1 (above) and to ensure that improvements are in place when needed. ■ New development projects shall mitigate off -site traffic impacts to the maximum extent feasible. ■ Driveway access points onto arterial roadways shall be limited in number and location in order to ensure the smooth and safe flow of vehicles and bicycles. ■ On- street parking on any new arterial streets shall be prohibited. ■ Adequate off - street parking shall be provided in all new or expanded projects as part of construction. Q 014 Honorable Planning Commission November 4, 2003 Page 10 Goal 3: Adopt and maintain a set of roadway standards and transportation system design criteria which supports and maintains the desired character of the City of Moorpark. ■ Planting and substantial landscaping shall occur along major arterials to mitigate visual impacts and erosion problems. ■ Roadways in hillside areas shall not have a significant, adverse impact on the natural contours of the land; grading for streets shall be minimized; and harsh cut slopes which may not heal into natural appearing surfaces shall be avoided. ■ New collector streets in hillside areas shall be required to have curb and gutter and graded shoulders, and on- street parking shall be prohibited, as necessary, in order to provide extra safety. ■ The use of landscaped medians on arterial streets shall be encouraged in an effort to preserve the image of the community. Goal 4: Provide a public transportation system which serves the needs of persons living in and /or working in the City of Moorpark. ■ Proposed developments shall include transit facilities, such as bus benches, shelters, pads or turn -outs, where appropriate in their improvement plans, or as needed in proximity to their development. Goal 5: Provide a citywide system of safe, efficient and attractive bicycle and pedestrian routes for commuter, school, and recreational use. ■ New development and redevelopment projects shall be required to include safe, separate, and convenient paths for bicycles and pedestrians so as to encourage these alternate forms of non - polluting transportation. ■ Proposed residential, commercial, and industrial developments shall be required to include bikeways in their street improvement plans, consistent with the Circulation Element Bikeway Network Plan, and to construct the bicycle paths, or lanes, or routes as a condition of project approval. ■ The provision and maintenance of off - street bicycle paths shall be encouraged. ■ The installation of sidewalks shall be required for all new roadway construction and significant reconstruction Q1.` OI Honorable Planning Commission November 4, 2003 Page 11 of existing roadways, with the exception of hillside areas. If installation of sidewalks in hillside areas would result in significant grading impacts or a safety concern, special consideration shall be given to either eliminating the need for sidewalks or requiring them along one side of the street only. Goal 6: Provide equestrian trails for recreational use. ■ New development projects shall provide equestrian trail linkages to regional parks and to regional trail systems consistent with the Circulation Element Equestrian Trail Network Plan. ■ New residential developments shall be encouraged to provide equestrian paths. ■ Multi -use equestrian, bicycle, and pedestrian trails shall be encouraged wherever feasible. One road in the Highway Network Plan that crosses the project site is an eastern extension of Broadway, identified as a rural collector between the current easterly terminus of Broadway and the planned Alamos Canyon interchange on the SR -118 freeway. The applicant is proposing removal of this road from the Circulation Element Highway Network Plan and replacing it with a connection to the project site from a planned SR -118 interchange one (1) mile east of Collins Drive. The Circulation Element identifies the Broadway extension as one of the more important improvements needed to be implemented. At the time it was placed on the map, it was to serve the proposed Specific Plan Area 8, which called for the development of up to 3,221 housing units. With the removal from the Land Use Element of planned development for Specific Plan Area 8, under Measure "S ", the Circulation Element was also amended regarding the purpose of this rural collector 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 agricultural, open- space, or recreational uses in the portion of the planning area northeast of the City limits." Housing Element: State law regarding the contents o specific than other General Plan Housing Element was adopted in applicable to the consideration of follows: f Housing Elements is much more elements. The City's current 2001. Goals and policies the North Park project are as Honorable Planning Commission November 4, 2003 Page 12 Goal 2: Provide residential sites through land use, zoning and specific plan designations to provide a range of housing opportunities. ■ Ensure residential sites have appropriate public services, facilities, circulation, and other needed infrastructure to support development. ■ Promote and encourage mixed -use residential and commercial uses where appropriate as a means to facilitate development. Goal 3: Expand and protect housing opportunities for lower income households and special needs groups. ■ Require, in aggregate, 100 of new units to be affordable to lower - income households. Establish priority for usage of in -lieu fee as follows: 1St priority - production of affordable housing; 2nd priority - subsidy of affordable housing; 3rd priority - housing rehabilitation; and 4 t priority - housing assistance. Safetv Element: The Safety Element was adopted in 2001. Applicable goals and policies are: Goal 1: Minimize the potential damage to structures and loss of life that could result from earthquakes. ■ Require the preparation of detailed geologic studies for any development proposal within seismic hazard zones and liquefaction hazard areas. Goal 3: Protect public and private properties from geologic hazards associated with steep slopes, unstable hillsides, and subsidence. ■ Reduce the risk of impacts from geologic hazards by applying proper engineering, building construction, and retrofitting requirements to the development process. ■ Require that slope stability analyses be conducted for new development in hillside areas. ■ Require that hillside developments incorporate measures that mitigate slope failure potential and provide for long -term slope maintenance. Y.31 ( 017 Honorable Planning Commission November 4, 2003 Page 13 Goal 5: Reduce the risk to the community from hazards relating (to) flooding. ■ Ensure that future projects include mitigation for hydrological impacts. Mitigation can include catch basins, stormwater pipelines, and detention basins. ■ Consider floodway management design that includes areas where stream courses are left natural or as developed open space. Goal 6: Reduce the risk to the community from hazards related to wildfires and structural fires. ■ Continue to implement the fire hazard reduction goals and policies set forth in the Ventura County General Plan. ■ Continue to require noncombustible roofing materials for new and replacement roofing. Goal 7: Improve the ability of the City to respond effectively to natural and human - caused emergencies. ■ Ensure that new critical facilities are not permitted in floodplains unless they are elevated above the projected inundation depths and /or otherwise protected. Noise Element: The City's Noise Element was adopted in 1998. Applicable Goals and Policies are: Goal 1: Protect the health, safety, and general welfare of the public from adverse noise impacts. ■ Incorporate noise considerations into land use planning decisions to prevent or minimize future noise and land - use incompatibilities. The analysis of traffic and other noise sources shall consider future conditions at General Plan build out. ■ Require stationary noise sources to limit noise to levels that do not interfere with adjacent uses. ■ Require new projects to contribute to the mitigation of off -site traffic noise to the extent that these impacts are generated by the proposed project. ■ Limit the impact of nuisance noise sources upon residential areas. � : 018 Honorable Planning Commission November 4, 2003 Page 14 Open Space, Conservation, and Recreation Element: The Open Space, Conservation, and Recreation Element was adopted in 1986. Applicable goals and policies in the consideration of the North Park project are: Goal 1: Preserve and enhance the unique aesthetic and visual qualities of Moorpark as a city with scenic topographic features and elements that promote the quality of life that Moorpark citizens pursue. ■ Protect the scenic viewsheds both to and from the City of Moorpark. This shall include those views extending north to the Santa Susana Mountains and south to Tierra Rejada Valley. This will extend to any new development and to any future renovations and additions that may potentially obscure a viewshed. ■ Develop a hillside conservation, preservation and management program that functions to discourage ridgeline development and /or alteration. Goal 2: Acquire, provide and maintain public parkland for both passive and active use that is equally accessible to the community on a neighborhood, community, and regional basis. ■ Provide recreational /leisure parklands at the standards set in the Moorpark Parks and Recreation Master Plan. Goal 3: Ensure the health, safety, and general welfare of the public through designating land uses that will minimize the risk of danger to the public. Goal 4: Preserve and maintain the physical and biological environment from future growth - related degradation. In those areas where degradation is inevitable, ensure the restoration of affected areas. ■ Conserve and protect water quality supplies through cooperative efforts with the Ventura County Water Conservation Plan and any future regional water quality and water supply plans and programs that may be instrumental in reducing water quality related problems. ■ Conserve, preserve, and enhance the quality of biological and physical environments throughout the City of Moorpark. Require restoration of those areas unsatisfactorily maintained or subsequently degraded. ■ Protect agricultural areas from future development. This policy applies to those that are agriculturally productive and /or have beneficial qualities for 0(" 019 Honorable Planning Commission November 4, 2003 Page 15 designated use as open space corridors, existing viewsheds, or open space. Goal 6: Maintain and enhance the open space and designated non - growth areas for conservation, agriculture, ranching, recreation, leisure and aesthetic purposes. ■ Maintain open space lands that are well suited to their intended uses and that will result in the most efficient use of land. All such lands should be designed and managed for the convenience, health, safety and pleasure of intended users and should represent positive examples of open space planning and energy conservation. Goal 7: Protect scenic and recreational resources from adverse impacts resulting from oil exploration or oil drilling. ■ All oil and gas production sites or development shall be landscaped in accordance with an approved plan. ■ All production sites shall be screened from any public road or residence located within 500 yards by natural terrain or flora which will reach the height of the production equipment within 5 years. ANALYSIS Staff has identified 10 key issues related to consistency of the proposed North Park Specific Plan with the City's General Plan, mostly related to the Land Use and Circulation Elements. These are: Maintaining the Suburban / Rural Character of the Cit The proposed North Park Specific Plan calls for the development of 1,500 single - family houses on 761.4 acres of the project site. At a density of just under 2.0 units per acre, this density would be among the lowest in the City if the project is approved. Its density is comparable to the development in the northern end of the Moorpark Highlands Specific Plan project (Pardee) at 1.9 units per acre, and slightly higher than Country Club Estates (Toll Brothers) at 1.5 units per acre. Preservation of Important Natural Features, Agricultural Areas, and Visually Prominent Hillside Areas; Integration of the Proposed Development with the Natural Features; and Consistency with the Hillside Management Ordinance: The proposed North Park Specific Plan focuses its development in the southern, less visually prominent portion of the project site with the development area of approximately 1,140 acres taking up about one -third of the project site. There are no prime farmlands 0L ,. 020 Honorable Planning Commission November 4, 2003 Page 16 or farmlands of statewide importance on the project site; however, it is used for cattle grazing. The Specific Plan proposes mass grading on the development area, but preserves approximately two - thirds of the site, primarily in the steeper northern portions of the site. The Revised Draft EIR, comments, and responses to comments will address these issues in detail. Variation of Residential Product Types: The proposed North Park Specific Plan offers essentially one type of market -rate housing product type: large -lot single family housing. Densities within individual planning areas on the site range from 1.4 to 2.6 units per acre. Some variety is provided with the affordable housing, which is proposed at 18.1 units per acre. Availability of Public Services and Facilities: Key services for consideration include the provision of water and parks. Potable water is proposed for the lake, and recycled water is proposed to irrigate common landscaped areas. Water issues will be addressed in detail in the Revised Draft EIR, comments, and responses to comments. With 38.3 acres of public parks (6.63 acres /1,000 residents) and 26.1 acres of private parks (4.52 acres/ 1,000 residents), the North Park project exceeds the City's standard of 5.0 acres of developed parkland per 1,000 residents. Expansion of Moorpark City Urban Restriction Boundary (CURB) / Buffer Areas between Moorpark and Adjacent Communities: The North Park Specific Plan site is on land between the Cities of Moorpark and Simi Valley. The proposed Specific Plan involves consideration of an expansion of the Moorpark CURB. The process would involve consideration by the Moorpark voters, consistent with Measure "S ". The question of the expansion of the growth boundary of the City touches on issues related to the ultimate size of the City and its effect on the goal to maintain a suburban /rural identity, appropriate buffers from development planned in Simi Valley, open space issues, continued use of the site for cattle grazing, and wildlife corridors. The City of Moorpark is currently forecast to have a population of approximately 44,000 at build out; this would increase to approximately 50,000 (14o increase) if the North Park Specific Plan is approved. The Canyons project site, which abuts the North Park project site to the east in Simi Valley's Sphere of Influence, includes two proposed residential villages at its western edge, separated from development proposed on the North Park project site by the eastern portion of the North Park Nature Preserve. Attachment 2 shows the relationship of the North Park project site to the Simi Valley Sphere of Influence and the proposed "Canyons" project. 0%--021 Honorable Planning Commission November 4, 2003 Page 17 Preservation of Significant Vegetation and Environmentally Sensitive Habitats: With the development area covering approximately 1,140 acres of the Specific Plan site, potential native grassland, coastal sage scrub, oak woodland and riparian habitats are all affected. The Revised Draft EIR, comments and responses to comments will address these issues and the ability to mitigate for the loss of habitat and mature trees. Mitigation of Traffic Impacts and Phasing of Traffic Improvements with Development: The most impacted intersection in the project vicinity, the intersection of Collins Drive and Campus Park Drive, is currently functioning below City standards during morning and afternoon peak hours. Improvements to this intersection are proposed as part of the Specific Plan. One key issue for consideration is the timing of proposed new freeway interchange with the development of the proposed project. The Revised Draft EIR, comments and responses to comments will address these issues and the ability to mitigate project traffic impacts. Provision of Public Transportation and Trails: The Circulation Element does not address bikeways on the project site but does include an equestrian trail connection through the site. An extension of planned trails to be consistent with the goal for a citywide system of safe, efficient and attractive bicycle and pedestrian routes is a critical issue for consideration, given the size of the project site. Consideration should also be given for facilities for the City's transit route to serve the public parks and commercial center if this project is approved. Avoidance of Hazards: Issues related to geologic hazards, flooding, and existing oil extraction activities will be addressed in the Revised Draft EIR, comments, and responses to comments. Noise Compatibility: Traffic noise and noise compatibility of the proposed park site will be addressed in the Revised Draft EIR, comments, and responses to comments. 0 1' !. 022 Honorable Planning Commission November 4, 2003 Page 18 STAFF RECOMMENDATION Continue to accept public comments and continue the agenda item with the public hearing open to the November 18, 2003 Planning Commission meeting. Attachments: 1. Measure "S" 2. Simi Valley Sphere of Influence Map 0C?!:*023 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; PC ATTACHMENT 1 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 ongoing natural resourc Government Code Section natural resources, publi c that foster public healt h for farming enterprises; on lands outside the Moorpark CURB line e 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 () (1� AW L-Jt=d5ure 0 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 0;_1 00' 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 ", 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 0C '. 0217 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 ongoing natural resource Government Code Section natural resources, publi c that foster public healt h for farming enterprises; on 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 -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 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 5 ot: 02S r,cd5ure 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. 6 o " 029 L•1 k--asure - b_. 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 7 001: 030 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 C 0� . Q.f,. L•i Cl- aJULt:! J 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. �i 0 C 032 Measure "6" F. 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 sr=E j(e# -hr-e , j1: 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. q. ' ' ' that adeq ate r-=__- se. iGTs - and" nf EZ sr etur -e be em tended ed t e -#-e 2. Policy 2.1 of the Land Use Element at page 11 is amended as follows: 10 0(1� 033 The City shall strive to obtain and maintain sphere of influence boundaries consistent with the City Urban Restriction Boundary. Use Plan 3. Goal 11 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 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 eeenemieally 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, %W ►...iV.. iV .,i V..i.. 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 aQLci the time per ^d eever-ed by this band Use Element (year- 20-1-G bu , a, at ) 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 Specific plan areas 4, 5, 6, a+id 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 8.0, et. seq. ) and accordingly not } e 1-.e appropriate for urban development Pri:%-1L- -te and were, therefore, not approved. 12 0C 035 MeeY �i Tre limits em i s + ng of �/`pe T A fle fe this _ipeei plan - a' , P. shed, 25 / and e!Lcetilatlen. be mum ef peEeent epen-spaee must Specific plan areas 4, 5, 6, a+id 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 8.0, et. seq. ) and accordingly not } e 1-.e appropriate for urban development Pri:%-1L- -te and were, therefore, not approved. 12 0C 035 Measure " 5*, Specific Plan 8 (Deleted) T i{ egEap t^i- -- gm i-s t i n^ steep hillsides within, steep I. 1 A 1 A A h unstable , A 1 1 t ef- the .a P -I -9.19a area dtkElfig the A and d ee l e pm� d i • A 1 M A i� F. E e•{ 1 !r• ti r ` 1 plan hillside terfain euEfently designated as T i{ egEap t^i- -- gm i-s t i n^ steep hillsides within, steep I. 1 A 1 A A h unstable , A 1 1 t ef- the .a P -I -9.19a area dtkElfig the and d ee l e pm� d i • A 1 M A i� F. E e•{ 1 !r• ti r ` __ •-+ a•Lri d.r-.: ... itilc'f, e FF .n i 13 Ot3('036 Measure " S" addEess the v viability a The F and maintenanee e ef the signifie.-Ree ., i .. ea it t X t 1, e ensit-e endanfieEe d e s '+nom ; 1 i i 1 7 plants et e.) SL addEess the v viability a limited "Pi-ime" a and maintenanee e ef the and " fe S S i gn . iT^ " E and B e e t- i^ .- the speeif-le � plan va � ivy. L within n this —p1 an ar a nE �. } s- uffeundi n7 1rem Fyew ; is net euErently available and weuld need te be fliAi% Eled fnr a 1 1 Yb, aa uses. •s^ nn e t L this speeifie plan � .+au regarding .... .7 1 use set asides and fref: seheels and 61iii1'iml 1 Tf 7 t : e r► ^ Y � �. .. ^ L. -. n f ; Y n 4- a t �+ �%t:S l vvv s\,a Y1 14 00t"0437 I'.. , 1 1 t , A }, n A t f_ f A Yk shall f, T A f it de y e .1 s, d A Y a t, 41 T A Y its fi Y yr iensh• theme -118 and SR 23 f reew l as well as the ensure that Eeadway fight ef ways afe the Gity's eireulatleR 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 14,-911 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 49,866 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 15 038 2, 400, the f l e,xeeed unle -sue- -- -- tepee -i e— p -l-a -n area determines Geuneil substantial in whieh the dwelling r eyent, uwnice.er of units shall net emeeed land te be i designated Gpen as i , Seheel, land designatien, be appFepEiate use will 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 14,-911 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 49,866 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 15 038 Measure "S" years 1994 -1997 inclusive; or, (b) 40, 785 persons, based on the WCOG 2020 Population Per Dwelling Unit Ratio Forecast y 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 -21 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 0 039 Measure "S" Table 3 LAND USE PLAN - STATISTICAL SUMMARY City Unincorporated Total Planning Land Use Designation Area Area Area Combined * * * SP SPECIFIC PLAN* * * SP 8 MESSENGER * * * TOTAL DWELLING UNITS ** (At Buildout -Year 2010) TOTAL POPULATION * ** (At Buildout -Year 2010) 12,511 du 2,499 34,280 b--5�-6 12,511 14r911 34,280 49,856 TOTAL CITY AREA ACRES (Approximate) 7,916 ac TOTAL UNINCORPORATED AREA ACRES (Approximate) -0- 4,2$$ 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 14,911 12,511 to 16,29z 131070 and the total population would increase from 41,856- 34,280 to 44 -63::� 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 0(: F. 040 Measure "S" 16. Ensure that all applications submit an applieatien 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 e-f 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 en 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 W. U(; 041 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 of �. 0 4' t-icdzo utt-- J Section S. 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 i IV 4 6a 7 i�-• � ,r� .�. .r :ice { /�,� j ;•,_ . y �; V, I'w IA: 4 "1 . ON, A ekj TA Zv • I i/ • —,4 EXHIBIT B •% AREA OF INTEREST •• L r,. • f r ■ �' ~ CLMSWr MY LIMITS AND SPHIM OF RIPLLENCE � 17, f1 CITY OF MOORPARK to ExNOp 3 for CNy Area Land Use PhN TI A • jJ • • • ..a. �. M►...a. e.� a. awn► t • • • TABLE OF CONTENTS o + CURRENT CITY LIMITS ANO SPHERE OF INFLUENCE ANO CURB LINE •eeee•ee• AREA OFINTEREST ww mft . � VENTURA COUNTY LAND USE DESIGNATIONS FOR EXHIBITB AREAS OUTSIDE THE CURRENT CITY LIMITS. EXISTING COMMUNITY ® IPER AREA PLAN OR COMMUMTy MAP) ® RURAL It ACRE •1 ®AGRICULTURAL (40 ACRE • ) OPEN SPACE (10 ACRE .) ul •1. S ACRES MINIMUM EXHIBIT 4 NOTE! Planning Area Land Use Plan CITY OF MOORPARK GENERAL PLAN NO SPECIFIC SCALE 22 0C '- 04r STATE OF CALIFORNIA ) (;OUNTY .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 3=d 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 this 3rd day of December, 1999. Deborah S. Traffenste t, City Clerk (seal) 23 oG: o4o to 0 lot H z H N Or G\�� p P 40 �� 00°9 UNOCAL RONALD REAGAN FW RONALD REAGAN FW �O Q� 0 CLegend C 0 City Boundary ' Sphere Boundary �► 1 J N Ventura LAFCO W r City of Simi Valley Sphere S Prepared by PWA - Mapping Division 000 0 $ 000 16 000 Warning: This map was created by the Ventura County Computer -Aided Mapping System (CAMS), 8,000 4 which is designed and operated solely for the convenience of the county and related Feet public agencies. The county does not warrant the accuracy of this map and no decision involving a risk of economic loss or physical injury should be made in relation thereon. 1 inch equals 8,000 feet