HomeMy WebLinkAboutAGENDA REPORT 1990 0307 CC REG ITEM 12APAUL W. LAWRASON, Jr.
Mayor
SCOTT MONTGOMERY
Mayor Pro Tern
ELOISE BROWN
Council member
CLINT HARPER, Ph.D.
Council member
BERNARDO M. PEREZ
Council member
LILLIAN KELLERMAN
City Clerk
TO:
FROM:
DATE:
SUBJECT:
MOORPARK
MEMORANDUM
ITEM 11.A.
STEVEN KUENY
City Manager
CHERYLJ.KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
The Honorable City Council ~
Patrick J. Richards, Director of Community Development\.
March 2, 1990 (CC Meeting of 3-7-90)
REPEAL OF INTERIM ORDINANCES 117 AND 118 WHICH IMPOSED
AND EXTENDED A MORATORIUM ON THE DEVELOPl!IENT OF VACANT
PROPERTY IN THE R-1 AND R-E ZONES
Background
At the City Council's February 21, 1990, meeting, the Council
concurred with staff's recommendation that the moratorium on the
development of vacant property in the One Family Residential (R-1)
and Rural Exclusive (R-E) Zones should be repealed, and that staff
should proceed with the processing of an amendment to the City
Zoning Code to require that a Residential Planned Development
Permit be obtained for all residential development consisting of
five ( 5) or more separate lots or dwelling units. The Council-
directed staff to prepare an ordinance canceling the current
moratorium for adoption at the Council's next regular meeting on
March 7.
Discussion
Staff requested input from the City Attorney related to whether or
not the immediate repeal of an urgency ordinance could be
accomplished by the adoption of another urgency ordinance. The
City Attorney responded that Government Code Section 65858, which
allows the City to impose a moratorium upon development by urgency
ordinance, does not contain a provision for the immediate repeal
of a moratorium. She did identify, however, that Government Code
Section 36937 allows adoption of an urgency ordinance if the City
finds that adoption of an urgency ordinance is necessary for the
"immediate preservation of the public peace, health or safety."
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
The Honorable City Council
March 2, 1990
Page 2
Staff has prepared a draft urgency ordinance (attached) which does
identify that repeal of the current moratorium ordinances (Nos. 117
and 118) is necessary to remove the existing prohibition against
issuance of any building permit, and also includes the language
required by Government Code Section 36937 as identified above. If
the Council decides to not take any action to repeal Ordinances
Nos. 117 and 118, then they will automatically expire on April 29,
1990. Staff intends to schedule the proposed amendment to the City
Zoning Code, related to the requirement for a Residential Planned
Development Permit, for the Planning Commission's April 2, 1990,
meeting. This proposed zoning ordinance revision would probably
then be scheduled for the Council's May 2, _19 9 0, meeting.
Recommendation
Adopt the attached draft ordinance repealing interim Ordinances 117
.and 118.
Attachment: Draft Ordinance
PJR/DST
MOORPARK. CALf0ANIA
attn~· of •• • 199£)
A~~
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ORDINANCI NO..
AN URGENCY ORDINANCE 01'
CALIFORNIA, REPEALING
117, WHICH IMPOSED, ANIi
118, WHICH EXTENDED,
DEVELOPMENT OF VACANT
FAMILY RESIDENTIAL (R -1
R -E) ZONES
THE CITY OF MOORPARK,
INTERIM ORDINANCE NO.
INTERIM ORDINANCE NO.
A MORATORIUM ON THE
PROPERTY IN THE ONE-
AND RURAL EXCLUSIVE
WHEREAS, interim Ordinance No. 117 was adopted on November 16,
1989, as an urgency ordinance, and imposed a forty -five (45) day
moratorium to prohibit the filing, issuance or approval of any landuseentitlementforvacantR -1 and R -E zoned property until a
comprehensive system for the compatible and orderly residential
development of vacant property could be determined; and
WHEREAS, interim Ordinance No. 118 was adopted on December 20,
1989, as an urgency ordinance to extend the moratorium an
additional one hundred twenty (le,O) days; and
WHEREAS, the moratorium is nc: longer required because the CityCouncilhasinitiatedanamendmenttotheCityZoningCodeto
require that a Residential Planned Development Permit be obtainedforallresidentialdevelopmentconsistingoffive (5) or more
separate lots or dwelling un_it.s, regardless of the actual
residential zone designation; anc
WHEREAS, there is evidence in the public record that the
moratorium has resulted in finan(. :ial hardship to property owners
of existing residential lots who have not been able to obtain a
building permit for a single- fam...;y residence; and
WHEREAS, repeal of Ordinances Nos. 117 and 118 is now
considered necessary for the immediate preservation of the public
peace, health or safety to remove the restriction against issuance
of building permits for designated R -1 and R -E zoned property andtherebyavoidfurtherimpactst:a t1W, overall economic welfare of
the citizens of Moorpark;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOW"',:
SECTION 1. That OrdinancE h . t17 and Ordinance No. 118 areherebyrepealed,
Ordinance No.
Page 2
SECTION 2. That this ordinance shall be effective immediatelyuponadoption.
SECTION 3. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to beinvalidbyacourtofcompetent ,jurisdiction, such decision shallnotaffectthevalidityoftheremainingportionsofthisOrdinance. The City Council hereby declares that it would havepassedandadoptedthisOrdinanceandeachandallprovisionsthereof, irrespective of the fact that any one or more of saidprovisionsmaybedeclaredinvald.
SECTION 4. The City Clerk shall certify to the passage ofthisordinancebynotlessthanafour - fifths vote of the CityCouncil; shall enter the same in the book of original ordinancesofsaidCity; shall make a minute of the passage and adoption
thereof in the records of the proceedings of the City Council atwhichthesameispassedandadopted; and shall, within fifteen15) days after the passage and adoption thereof, cause the sametobepublishedintheMoorpark: News- Mirror, a weekly newspaper ofgeneralcirculationfortheCitycfMoorpark, as defined in Section6008oftheGovernmentCode, an0 which is hereby designated forthatpurpose.
PASSED AND ADOPTED this
ATTEST:
City Cler
day c,_4 March, 1990.
Mayor of the City of Moorpark,
California