HomeMy WebLinkAboutAGENDA REPORT 1990 0307 CC REG ITEM 12AMOORPARK ITEM 12-140
PAUL W. LAWRASON, Jr. STEVEN KUENY
Mayor oP °µ "tea
City Manager
SCOTT MONTGOMERY i� CHERYL J. KANE
Mayor Pro Tern
ELOISE BROWN City Attorney
PATRICK RICHARDS, A.I.C.P.
Councilmember m;
CLINT HARPER, Ph.D.
aoq 3 Director of
Community Development
Councilmember R. DENNIS DELZEIT
BERNARDO M. PEREZ City Engineer
Councilmember JOHN V. GILLESPIE
LILLIAN KELLERMAN Chief of Police
City Clerk RICHARD T. HARE
M E M O R A N D U M City Treasurer
TO: The Honorable City Counc. -il.
FROM: Patrick J. Richards, Director of Community Development
DATE: March 2, 1990 (CC Meeting of 3- -7 -90)
SUBJECT: REPEAL OF INTERIM ORDINANCES 117 AND 118 WHICH IMPOSED
AND EXTENDED A MORATORIUM ON THE DEVELOPMENT 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and Rural Exclusive (R -E) Zones should be repealed, and that staff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 Coinci1'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 Counci:]'s May 2, 1990, meeting.
Recommendation
Adopt the attached draft ordinance, repealing interim Ordinances 117
and 118.
Attachment: Draft Ordinance
PJR /DST
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 land
use entitlement for vacant R -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 City
Council has initiated 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 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 and
thereby avoid further impacts t: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 are
hereby repealed,
Ordinance No.
Page 2
SECTION 2. That this ordinance shall be effective immediately
upon adoption.
SECTION 3. 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 ,jurisdiction, 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
thereof, irrespective of the fact that any one or more of said
provisions may be declared inval d.
SECTION 4. The City Clerk shall certify to the passage 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 fifteen
(15) days after the passage and adoption thereof, cause the same
to be published in the Moorpark: News- Mirror, a weekly newspaper of
general circulation for the City cf Moorpark, as defined in Section
6008 of the Government Code, an0 which is hereby designated for
that purpose.
PASSED AND ADOPTED this
ATTEST:
City Cler
day c,_4 March, 1990.
Mayor of the City of Moorpark,
California