HomeMy WebLinkAboutORD MEASURE F 1986 1117 Residential Management Systemo
- -CITY OF-MOORPARK
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1
Shall the Initiative Ordinance entitled: - PRO11ME1) INt YES
TIATIVP. ORDINANCE: AN ORDINANCF'. FX17A11-
I,ISIIING A RF -NtDF:NTIAI. nfi\`F1 o1'MF:N1' MAN -
AGEMfiNTSYSTBAI OFTI(E CITi' OF MOORPARK"
be adopted? _ NO
.PROPOSED INITIATIVE ORDINANCE
AN INITIATIVE OROWANCE ESTABLISHING A
RESIDENTIAL DEVELOPMENT MANAGEMENT
SYSTEM OF THE CITY OF MOORPARK
THE PEOPLE OF THE CITY OF MOORPARK 00 ORDAIN AS FOLLOWS:
SECTION 1
SEC. 10.01 Findings: The people of the City of Moorpark hereby find and declare as
follows:
A- The City of Moorpark has adopted a General Plan and city ordinances relating to the
regulation of residential development:
B. The City of Moorpark is experiencing a period of intense residential development
which is adversely affecting the capacity of the streets and local freeway system to meet
traffic demands, the capacity of appropriate schools to absorb children, the semi -rural
character of the community, the quality of life prevalent in the City of Moorpark and its
sphere of influence, and the cost to households of some utilities and municipal services.
C. It is the intent of the People of the Cityof Moorpark to achieve a steady, rather than a
fluctuating, overly rapid, rate of residential growth each year in order that the services
provided by City, School, Pat1C utility and /or service agencies operating in the City can be
properly and effectively staged in a manner which will not overextend existing facilities,
and in order that deficient services may be brought up to required and necessary
standards while minimizing, by means of long range planning. the avoidable costs of
short sighted facility expansion -
D It is the intent of the People of the City of Moorpark to establish control over the
ql listribution, and rate of growth of the City in order to: 'Preserve the semi -rural
cfh, sr of the community; 'Protect the agricultural land and open space of the City:
-Provide a suitable living environment for all citizens of the City: 'Ensure the adequacy of
municipal, school, utility, recreation and park facilities and services; 'Facilitate a balance
of housing types and values in the City that will accommodate the housing needs of all
economic segments including families of low and moderate income, and older families on
limited and/or fixed 'incomes; 'Ensure the balanced development of the City; 'Prevent
further significant deterioration in the local air quality: 'Ensure that the traffic demands do
not exceed the capacity of streets that are in character with the City's semi -rural nature:
'Ensure that the City does not grow in a pattern that places a severe stain on the local
irteway system. 'Ensure the adequacy of fire protection; and 'Ensure adequate water
and sanitary sewer systems.
E. The people of the City of Moorpark have considered the effect of this ordinance on
the housing needs of the region in which it is situated and have balanced those needs
against the public service needs of its residents and available fiscal and environmental
resources. It is hereby found and determined that this ordinance will not reduce the
housing goal and regional housing needs. It is further found and determined that, to the
extent this ordinance may be determined to reduce the housing opportunities of the
region, the findings contained herein as to the public health, safety and welfare of the city
to be promoted by the adoption of this ordinance, justify any such reduction in the
housing opportunities of the region_
F. It is the purpose of this ordinance to augment the policies,of the City of Moorpark as
recorded in the General Plan and City Ordinances relating to the-regulation of residential
development: and
G. In order to accomplish the above purposes, the city must be able to control the rate,
dtsiribution, quality and economic level of proposed development on a year -to -year
basis. To (his end the following Residential Development Management System for the
AY of Moorpark shall be in effect from and after its effective dale until December 31,
'995.
Sec. 10.02 Applicability of the Development Management System. Tire provisions of the
"testdenital Develupment Management System shall apply from the effective date to all
,estdenlial develonment. including mobile homes in the City of Moorpark. with the
"tceplion of the following:
A Projects of not more than four restdential dwellings, limited to only one such
., :Oje ' developer per calendar year.
3 flexes Or lesser numbered multiple dwellings on a single existing lot
C lamely tesloenital units on a single existing lot.
D NrrhabltilRlron Or Wfoodelmq of an existing dwelling, or conversion of apartments
' condOmmmnis so long as no addtional d:+enutg unfit, are created.
unn; of any low income w scntor uhzen projects funded or subsidized
'St,3nl to It,,! prrly ,tun,, of applicable ledcldl Slate or local laws Or programs .
f olectl (it rN>mentlal dv+t;ltrng% wl"ll a w,n,nlunl tut We of trvC acres per owellmg
rj 1a s
Sec. 10.03 Establishment of Residemial'Oevelopment Evaluation Board. in order to
administer the system set forth herein, and especially to make the valuations set forth in
Section 10.06 below, a Residential Evaluation Board (here after called the-
Board) is hereby established, consisting of the duty appointed members of the Planning
Commission of the City of Moorpark-
The procedures and byaaws of the Board shall be developed by the Board subject to the
approval of the City Council of Moorpark (hereinafter called the City Council)- The
Planning Department of the City of Moorpark shall serve as the -staff of the Board-
Sec. I0.G4 Establishment of Annual Residential Development Allotments. The number of
dwelling units hereinafter to be constructed each year in the City of Moorpark (except for
dwelling units exempted in accordance with the provisions of Section 10.02, shall be as _
follows:
A. 'Calendar year 1986: a maximum of 400 - units: and
8. Calendar year 1987 and all years thereafter. through December 31, 1994: a
maximum of 250 dwelling units.
The annual allotment maybe modified by the City Council to an amount not greater than
10 percent more or less for any given year, provided that the annual allotment for the next
succeeding year shall be set higher or lower as the case may be, in order to redress any
excess or deficiency (This 10 percent rule shall apply in all instances except that expressly
provided for in Section 10.07 subparagraph A)
The annual allotment shall be continuously applicable to the City's jurisdictional
boundaries and shall not be modified by reason of annexation or additional territory.
Sec. 10.05 Development Allotment Application- No building permil of nonexempt
projects may be issued unless a development allotment for such project has been
granted. At any time prior to obtaining a building permit, the developer of proposed
projects not exempted from application for a development atbirt>ent pursuant to the
provisions of Section 10.02 shalt apply tar a development allotment as set forth herein.
The approval of 211 tentative subdivision maps shall be conditioned to comply with the
provisions of this Residential Development Management System.
Sec. 10.06 Development Allocation Evaluation. The Board shall consider annually all
applications property submitted and stud make recommendations to the City Council
based on the criteria set forth below-
: A- Availability of Public Facilities and Services. The Board shall ex aline each
application for its relations to, or impact upon local public facilities and services, and shall
rate each development by the assignment of from zero to ten points (zero indicating -wry
poor,- ten indicating "excellent ") on each of the following attributes:
1. The capacity of the water system to provide for the needs of the proposed
development without system extensions beyond those normally instated by the tie -
veloper -
2. The capacity of the sanitary sewers to dispose of the wastes of the proposed
development without system extensions beyond those normally installed by the de-
veloper.
3. The capacity of the drainage facilities to adequately dispose of the surface
runoff of the proposed development without system extensions beyond those normally
installed by the developer.
4. The ability of the fire department to provide fire protection according to the
established response standards of the City without file necessity of establishing a new
station or requiring addition of major equipment of housing facilities to an existing
station.
5. The capacity of the approprale school to absorb the children expected to
inhabit a proposed development without necessitating or adding to double sessions or
other unusual scheduling or classroom overcrowding.
6. The capacity of major street linkage to provide for the need of the proposed
development without substantially allefing existing traffic- patterns or overloading the
existing street system, and the availability of other public facilities (such as parks.
playgrounds, etc.) to meet the additional demands for vital public services without
cxteiisioiI or services Deyono loose proviaeu Dy me developer.
7. The capacity of Highway 118 and 23 within the city limits to provide for the
traffic needs generated by the proposed development without substantially altering the
level of service, including freeway access.
8. Developments which have received Tentative Tract Map approval from the City
of Moorpark prior to the effective date of this Residential Development Management
System shall receive for each calenidar year after 1984 an additional ten points -
B. Quality of Design and Contribution_ of Public Welfare and Amenity. The Board shall
examine each application which has not been withdrawn by the applicant for failure to
meet criteria A. and shall rate each, development by the assignment of from zero to ten
points (zero indicating -very poor_- ten indicating - excellent ") on each of the following
attributes:
1. Site and architectural design quality which may be indicated by the harmony of
the proposed buildings in terms of size, height• color and location with existing
neighboring development.
2. The amount and character of open- spaca.and slopelaWscaping.
1 Site and architectural design quafty wftich may be indicated by the arrange-
ment of the site tot efficiency of circulation, on and oft site traffic safety, privacy. etc.
4. The provision of public and/or private usable open space.
5. Contributions to and extensions of existing systems of foot or bicycle pants.
equestrian trials and facilities and /or greenbelts.
G. The provision of needed public facilities such as critical linkages in file major
street system. school rooms. functional parks. or other vital public facilities.
(Continued Next Page)
„?` FULL TEXT OF MEASURE F Continued
7. Site anrfarchilectural design Quality which maybe indicated by the amount and
character of modification of the topography, including quantity of grading, extent of
natural slopes cut and/or Idled and impact on ridgeline.
8. Absence of deleterious impact on trees and archeological sites.
9. The provision of significant water conservation features.
— 10. Tile- provision of energy generation and conservation - futures. such as
additional insulation, house siteing and design, solar techniques and other innovative
techniques.
11. Absence of deleterious impact on the physical and/or aesthetic environment-
12. Design and features which contribute significantly to the economic feasibility
of producing housing at the lowest possible tosl given economic and environmental
factors, the public health and safety, and the creed to facilitate the development of housing
for persons of low or moderate income.
C. After having studied each application in accordance with parts A and B. in regard to
each of these criteria, or so many of them as may be applicable, and having assigned
evaluation points on a scale of zero to ten in accordance with their finding, the Board shall
prepare two lists, one documenting points awarded from part A and the other from part 8,
arranging the developments in each list in order from that receiving the greatest total
number of evaluation points to that receiving the lowest number. In addition to listing the
number of actual points awarded in each subcategory of both parts, each part will be
totaled and the total shall then be expressed as a percentage of the maximum number of .
points awardable. The maximum number of points awardable shall not include those
elements of the criteria found to be not applicable.
0. Having evaluated each development in accordance with the foregoing criteria, the
Board shall publish in appropriate ways the rating given to each development on each of
those criteria. The Board shall then schedule a public hearing to be held within 15 days of
classification of any point assignments trade by the Board.
1. Any applicant may request the Board, at said public hearing, to re- evaluate the
point assignment made on any or all of the criterion. The primary criteria for the Board to
alter their point assignment on a particular development is demonstration by the applicant
that there exists pertinent intormation or a project redesign which the Board was not
aware of at the time of the original evaluation.
2. Any applicant who is dissatisfied with the Board's revaluation may submit
written notification of such dissent, which will be furnished to the City Council prior to the
awarding of Development Allotments.
E. Having evaluated each development and clarified all point assignments to the
applicants, the Board shall present their fists of evaluations, along with the decisions
reached on any appeals, to the City Council for the awarding of Development Allotments.
F. The schedule for the submission and consideration of applications shall be
established by the City Council.
G. The criteria set forth in this section 10.06 are for the purpose of addressing the
findings, intent and purpose of this ordinance as set lonh in section 10.01 and are not to
be construed or used for the purpose of rendering infeasible the development of housing
for all economic segments of the community.
Sec. 10.07 Development Allotment Awards.
A. The City Council shall consider, at a public hearing, the recommendations and
rankings of the proposed developments on each of the above described two lists, along
with any action taken by the Board concerninq appealed decisions, and shall compile one
list ranking cacti of thepro "sed developments, and shall award development allotments
from that list.
1. Development Program Allotment. The number of dewlling units for which
Development Allotments shall be issued shall not exceed the allotments established in
accordance with Section 10.04 herein.
2. Allocation Limitation. No single developer shall, in any one year, be issued a
development allotment for dwelling units in excess of a number to be established by
resuiuiiun ci tie City Council.
3- Minimum Point Requirements. The City Council shall eliminate from consid-
eration any development which has not been assigned a minimum of 49 percentage
points under Section 10.06, subparagraph A. herein, or a minimum of 70 percentage
points under Section 10.06, subparagraph B.
If in a given year the highest ranking development does not at least meet both of
the minimum point requirements, the City Council shall.4ke no Development Allotment
for that year. The number of units will then be added. as the only allowed exception to the
10 percent rule in subsection 10.04. to the allotment for the ensuing year.
B. The City Council shall make the annual Development Allotments at a time to be
selected by the City Council.
C. An application may be amended upon submittal of an additional application made in
the same manner as the original application. In addition, the application for an
amendment shall set forth the reasons for requesting the amendment.
1. The City Council shall review such an amendment application in the same
manner as an original application and may grant the amendment as requested. modifY0le .
amendment, or deny the amendment.
2. An amendment or modification may be granted only if the City Council after
reviewing the proposed development in relation to the criteria set forth in Section 10.OG.
subparagraphs A and 8 shall find that the modified development has earned as many or
more evaluation points than the original development for which the Development
Allotment was issued. _
0 Should a developer lad to initiate construction within Twenty -four months after
award of the Development Allotment. life City Council. after a hearing. may. by majofdy
vote. (MI110 all Of p30 o1 ttie Oeveutpmem Alfohnenl
56) 85
Sec. 10.08 Additional Regulations. Should the arrangement of projects as provido
Section 10.07, subparagraph? produce the situation-in which two projects have ec
evaluation point scores_ ?ut only one project can be permitted within the quota. the 1
Council may oiler those applicants a pro rata share of the number of units available wit
the quota, or may dispose of such alte in any otter manner deemed equitable by the
Council.
Sec. 10.09 Judicial Review. Any legal action to challenge any decision or denial of
Board or any other governmental body performing a function under this ordinance m
be filed in a court of competent jurisdiction within thirty days immediately following 1
action challenged. _
Sec. 10.00 Modification. The City Council may, after a public hearing, by 'a lour -tilt
vote, change any part of this Residential Development Management System try amer
ment providing the amendment is consistent with the intent of this ordinance. —
SECTION 2. SEVERABILITY. It any provision of this ordinance, or the applicalii
thereof to any person or circumstance is held invalid by a court of competent jurisdiaro
the validity of the remainder of this ordinance and the application of such provisions
other persons or circumstances shall not be affected thereby.
SECTION 3. EFFECTIVE DATE. This Residential Development Management System sh;
be considered as adopted upon the date that the vote is certified by the City Clerk. ar
shall go into effect immediately thereafter.
IMPARTIAL ANALYSIS BY CITY ATTORNEY
MEASURE "I'"
The City of Moorpark does not presently limit the number of dwelling units that may be
constructed on an annual bafs in the City.
This measure would establish a residential development management system, based
upon specified findings- The system would be in effect until December 31, 1995 -
The system would apply to all residential development including mobile homes, with
certain exceptions. The exceptions are: One project of not more than 4 dwelling units per
developer per calendar year. not more than 4 dwelling units per single existing lots;
rehabilitation and remodeling of existing dwelling units'. conversion of apartments to
eondomiaiams provided uo additional dwelling units are created, and puoliciy funded o;
subsidized dwelling units for low- income persons or senior citizens.
Under the system, the maximum number of non - exempt dwelling units that could be
constructed per calendar year in the City, including any annexed territory, is 400 in 1986
and 250 in 1987 and in each succeeding year through December 31.1994. Thetity council
could increase or decrease the annual development allotment by not more than 10% for
any year, with a limited exception, provided that the annual development allotment for the
.,nN< _ -nAin - ter/:. clnirin•e./rec<Hre evrece nr Ael:r:enr`r of tAe �r�v -o A:nn .roar
Under the system, no building permit for a non - exempt residential development would
be issued unless a development allotment had been previously granted. The planning
commission, acting as the residential development evaluation boatd, would annually rate
and rank each application for a development allotment based upon certain specified
criteria. Before submitting ils recommendations to the city council, the board would.
consider the proposed ratings and rankings at a public hearing. Before awarding the
development allotments tor' the calendar year, the city council would consider the
recommendation of the board at a public hearing.
Under the system, no allotment would be made to any development that did not achieve
a certain minimum rating. If a developer tailed to initiate construction within 24 months j
after the award of the development allotment- the city council could rescind all or part of J
the allotment after a hearing. Ij
This measure could be amended by the city council, after a pt•blic hearing and by not
less than a 4/Sth vole, provided that the amendment is consistent with the intent of this
measure.
X` --Yes vote on this measure shail'be counted rn favor of the establishment of the
residential development management system. A "loo” vote on this measure shall be
counted against the establishment of the system.
- Senan 5011 Of IIK CahfOrn.a tkCLOns Code altowS pK Cry Anurney to prepare an wnW rt.al analysri of ern
Cry measure appea -9 on the bauot