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HomeMy WebLinkAboutORD 079 1986 0818ORDINANCE NO. 79 AN INTERIM ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTED ON AN URGENCY BASIS, IMPOSING A MORATORIUM PROHIBITING ISSUANCE OF BUILDING PERMITS RELATIVE TO ALL RESIDENTIALLY ZONED PROPERTY IN THE CITY OF MOORPARK THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and declares, which findings and declarations have a reasonable basis in fact and are si.ipperted by substantial evidence, that: (a) Between January 1, 1986 and August 18, 1986, building permits for approximately 1004 dwelling units have been issued by the City upon application by developers, of which approximately 571 have been issued since July 28, 1986. (b) The issuance of additional residential building permits, when combined with the residential building permits that have been issued and the approved yet unbuilt or under construction dwelling units could have the effect of causing: (1) the City to exceed the Countywide Planning Program, which program is for the purpose of assisting the County to attain its air quality maintenance goals; and (2) traffic demand on local streets to exceed the capacity of the streets and intersections and traffic to operate below Level C congestion, thereby causing a decline in local air quality, increased stress upon citizens of the City and a resulting decline in the physical and mental health of said citizens. (c) By virtue of the City of Moorpark and the adjacent cities of Thousand Oaks and Simi Valley and county unincorporated area having a combined total of approximately 14,000 approved yet unbuilt or under construction dwelling units, there is the opportunity for at least 1562 dwelling units to be built each year for the next five years within the eastern portion of Ventura County. Therefore, the effect of this Ordinance upon the housing needs of the region will be minor and, accordingly, will not have an adverse impact on regional housing needs. sc SECTION 2. The City Council hereby directs the planning department of the City to conduct a study relative to the rate at which building permits are being issued by the City in response to applications received by the City therefore and the effect that said rate has on the infrastructure of the City to provide necessary or convenient services to its citizens. In connection with said study, the City Council contemplates the consideration of a general plan or zoning proposal within a reasonable time, which proposal would provide a comprehensive system for the orderly (residential) development of the City. SECTION 3. For the period of time that this ordinance is in full force and effect, no building permits shall be issued relative to any parcel of land, or portion thereof, in the City (that is zoned A -E agricultural exclusive, O -S open space, R -A rural acricuitural, R -E rural exclusive, R -1 one - family residential, R -2 two - family residential, R -3 multi - family residential and R -P -D residential planned development. SECTION 4. Pursuant to Government Code Sections 36937 and 65858, the City Council hereby finds and declares Ordinance to be an urgency ordinance requiring the immediate enactment thereof, because there is a current and immediate danger and threat to the public health, safety or welfare of the City and its citizens and the same is necessary for the immediate preservation of the public peace, health or safety of the City and its citizens. In addition, the City Council finds and declares that the issuance of additional building permits would result in a threat to the public health, safety or welfare. Accordingly, the provisions of this Ordinance shall become effective at once as an urgency ordinance. The facts constituting such urgency are as set forth in Section 1 of this Ordinance. SECTION 5. This Ordinance shall be effective immediately upon its adoption, and shall expire and be of no further force and effect as of September 3, 1986, unless sooner extended after notice pursuant to Government Code Section 65090 and a public hearing. SECTION 6. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent juridiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance and each and all provisions threof, irrespective of the fact that any one or more of said provisions may be declared invalid. SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance by not less than a four - fifths vote of the City Council; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within -2- fifteen (15) days after the passage and adoption thereof, cause the same to be published in the Moorpark News, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED THIS 18th day of August, 1986. ATTEST: ?-jj0- Tn ity Clerk !/ /Mayor of the City' of Moorpark, California, , -3- STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Eva Marie Crooks, Deputy City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Ordinance No. 79 was adopted by the City Council of the City of Moorpark, at a regular meeting thereof, held on the 18th day of August , 1986, and that the same was adopted by the following vote, to wit: AYES: Councilmembers Hartley, Prieto, Woolard and Mayor Ferguson NOES: None ABSENT: Councilmember Yancy- Sutton WITNESS my hand and the official seal of said City this 20th day of August , 1986. � -I)�M,Pity Clerk �s