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HomeMy WebLinkAboutORD 103 1988 1116ORDINANCE NO. 103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK AMENDING MEASURE F, AN ORDINANCE ESTABLISHING A RESIDENTIAL DEVELOPMENT MANAGEMENT SYSTEM OF THE CITY OF MOORPARK, RELATIVE TO THE ANNUAL RESIDENTIAL DEVELOPMENT ALLOTMENT WHEREAS, Measure F was adopted by the voters on November 4, 1986; and WHEREAS, Section 10.00, entitled "Modification ", of Measure F expressly provides that "The City Council may, after a public hearing, by a four - fifths vote, change any part of this Residential Development Management System by amendment, providing the amendment is consistent with the intent of this ordinance "; NOW, THEREFORE, the City Council of the City of Moorpark does ordain as follows: Section 1. Measure F is amended by revising Section 10.04, entitled "Establishment of Annual Residential Development Allotments ", in its entirety to read as follows: "Sec. 10.04 Establishment of Annual Residential Development Allotments. In addition to any residential development allotments carried over from previous years, the number of residential development allotments available for award each year in the City of Moorpark, except for dwelling units exempted pursuant to the provisions of Section 10.02 or pursuant to a final court order, shall be as follows: A. Calendar year 1986, no allotments for any dwelling units; B. Calendar years 1987 and 1988, allotments for 250 dwelling units; and C. Calendar year 1989 and all years thereafter through December 31, 1994, allotments for 270 dwelling units. Any allotments that are available for award in any calendar year but which are not awarded in that year for any reason whatsoever shall be carried over to each ensuing calendar year until awarded and such allotments shall be in addition to the allotments that are otherwise available per calendar year pursuant to this section. The annual allotment shall be continuously applicable to the City's jursdictional boundaries and shall not be modified by reason of annexation or additional territory." Section 2. Measure F is amended by revising Section 10.05, entitled "Development Allotment Application ", in its entirety to read as follows: "No building permit for a residential dwelling unit which is not exempt pursuant to Section 10.02 or pursuant to a final court order shall be issued unless a residential development allotment for the unit has been awarded; provided, however, that such building permits shall not be issued in excess of 500 per calendar year. If any of the 500 building permits which are available for issuance in any calendar year are not issued in that year, they shall not be carried over to any ensuing calendar year. At any time prior to obtaining a building permit for a non - exempt residential dwelling unit, the developer shall apply for a development allotment as set forth herein. The approval of all tentative subdivision maps shall be conditioned to comply with the provisions of this Residential Development Management System." Section 3. Measure F is amended by deleting from Section 10.07, entitled "Development Allotment Awards ", the last sentence of subsection A; to wit: "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." Section 4. The City Council finds that the herein amendments are consistent with the intent of Measure F to "Facilitate a balance of housing types and values in the City that will accommodate the housing needs of all economic segments ." and to manage residential development so as not to "reduce the housing opportunities of the region" and so as to be "compatible with the state housing goal and regional housing needs ", as that intent is more fully set forth in section 10.01 of Measure F. In making this finding, the City Council has taken into consideration the City's obligation to make adequate provision for its share of the regional housing need for the period July 1, 1989 through July 1, 1994, which need was first determined in June, 1988 after the adoption of Measure F, and the number -2- cjk/ORD5278 could be constructed in the City in of dwelling units that as adopted by the voters on accordance w198Measure F, November 4, 6 Section 5. Any legal action to challenge this in whole or in part, must be filed in a court of ordinance, 30 days immediately competent jurisdiction within thirty ( ) following the passage and adoption of this ordinance. Section 6. If any section, subsection, sentence, clause, p hrase, part or portion of this ordinance is court ny reason held to be invalid or unconstitut not any of competent jurisd Portions of this Ordinance. the validity of the remaining P clause, have The City Council declares thsubsectionc, sentence, this Ordinance and each section, s irres ective of the fact phrase, part or portion thereof, P e sections, subsections, sentence sr that any one or more or portions be declared invalid or clauses, phrases, p unconstitutional. Section 7. This Ordinance shall become effective thirty (30) days after its passage and adoption. Section 8. The City Clerk shall nott t lessthanea passage and adoption of this ordinance by four - fifths vote; shall enter the shalllmakeeabm�nute of the original ordinances of said city; passage and adoption thereof in the records of the proceedings and ad the city council at which the same is passed and adopted; and shall, within fifteen (15) days after the published passage and adoption thereof, cause newspapertofbgeeral once in the Moorpark News, a weekly circulation, as defined in land6whichfishherebyrnment Code, for the City of Moorpark, designated for that purpose. PASSED AND ADOPTED this 16thday November , of 1988. ° r of the Ci y of Moorpark, California cjk /ORD5278 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Maureen W. Wall, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury, that the foregoing Ordinance No. 103 was regularly introduced and approved for first reading at a meeting of the City Council on the 2nd day of November 1988, by the following vote, to wit: AYES: Councilmembers Brown, Galloway, Harper, Perez and Mayor Lane. NOES: None. ABSTAIN: None. ABSENT: None. and, that said ordinance was duly approved for second reading and adopted at a meeting of the City Council on the 16th day of November 1988, by the following vote, to wit: AYES: Councilmembers Brown, Harper, Perez and Mayor Lane. NOES: None. ABSTAIN: None. ABSENT: Councilmember Galloway. WITNESS my hand and the official seal of said City this 22nd day of November , 1988 Maureen W. Wall City Clerk