Loading...
HomeMy WebLinkAboutAGENDA REPORT 1990 0606 CC REG ITEM 11PBERNARDO M.PEREZ Mayor SCOTT MONTGOMERY Mayor Pro Tern ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Councilmember PAUL W. LAWRASON, Jr. Councilmember LILLIAN KELLERMAN City Clerk MOORPARK ITEM / ta f2. - -EVEN KUENY City Manager ERYLJ.KANE City Attorney RICHARDS, A.I.C.P. Director of iunity Development ENNIS DELZEIT City Engineer N V. GILLESPIE Chief of Police RIcHARD T. HARE City Treasurer M E M O R A N D U M TO: The Honorable City Council, City Attorney FROM: Patrick J. Richards, Director of Community Development DATE: June 1, 1990 (CC meeting of 6/4/90) SUBJECT: DRAFT COMPREHENSIVE PROGRAM FOR GENERAL PLAN AMENDMENTS Background On March 7, 1990 the City Council directed CPO Ad Hoc Committee members Harper and Montgomery to meet with the City Attorney to revise the ordinance to accommodate an additional category of non - designated pool; Base Capacity figure of 275,000 ADT to come from the General Plan Consultant PBR's Traffic Model. The Ad Hoc Committee was to suggest some degree of augmentation to establish the Holding Capacity. The draft ordinance was to be presented to the City Council by July so as to allow placement on the ballot in November 1990. Discussion The Ad Hoc Committee has met several times with the City Attorney since the March 7, 1990 City Council meeting, numerous additions, changes and alternatives have been reviewed and considered by the Committee. Attached is the latest draft prepared by the City Attorney. The remaining information to be included in the draft is as follows: 1. A title and narrative description of the third category of institutional land use (Section 17.60.020 (e)). 2. The inclusion of the actual Base Capacities numbers (Section 17.60.040 A.). 3. A geographical description of the location of the Carlsberg Specific Plan (Section 17.60.050 D.1.). 4. The creation of ADT numbers per gross acre for the various land use designations (Section 17.60.070 A.). 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 Staff is working on the above elements at this time inasmuch as the Traffic Consultant information is now available. It is staff's intention to try and have the above data provided for a final draft by the Council's meeting of June 20, 1990. Staff Recommendation Receive and file. Attachments: Draft CPO Ordinance ORDINANCE NO. AN ORDINANCE OF THE PEOPLE OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING CHAPTER 17.60 OF THE MOORPARK MUNICIPAL CODE RELATIVE TO A COMPREHENSIVE PROGRAM FOR GENERAL PLAN AMENDMENTS. THE PEOPLE OF THE CITY OF MOORPARK DO ORDAIN AS FOLLOWS: SECTION 1. The Moorpark Municipal Code is hereby amended by adding Chapter 17.60 to read as follows: Chapter 17.60 Comprehensive Program for General Plan Amendments 17.60.010 Intent and Purpose. The General Plan is a comprehensive, long -term plan for the physical development of zhe City. It is the basic land use charter governing the direction of future land use in the City. As a result, the General Plan embodies fundamental land use decisions that guide the growth of the City. Amendments to the General Plan have the potential for resulting in ultimate physical changes in the configuration and character of the City. The purpose and intent of this chapter is to afford the residents of the City the opportunity to directly partici- pate in the decision to amend their General Plan, which amendments, individually or cumulatively, would have the effect of significantly increasing the density or intensity of land use in the City. 17.60.020 Definitions. For the purposes of this chapter, unless the content clearly requires a different meaning, the words and phrases set forth in this section shall have the following meanings: (a) "ADT" means average daily vehicular trips. (b) "Component" means each parcel of land that is the subject of a General Plan amendment. (c) "General Plan" means the General Plan of the City of Moorpark, and each Element thereof, as of the effective date of this chapter. (d) "Gross acreage" means gross acreage rounded to the nearest tenth of an acre. (e) "Land Use Designation" means rural low residential, rural high residential, low density -2- CJK /WP /ORD73511 (05/21/90) residential, medium low density residential, medium density residential, high density residential, very high residential, neighborhood commercial, general commercial, commercial- industrial mix, limited industrial, medium industrial, agriculture 1, agriculture 2, open space 1, open space 2, school or park, as described in the Land Use Element of the General Plan, or as described in this section. (f) "Moorpark Territorial Area" means the geographical area shown as territorial area on the :nap attached hereto as Exhibit A. (g) "Moorpark Non - Territorial Area" means any geographic area that is not within the Moorpark Territorial Area. (h) "Post- Amendment ADT" means the ADT per gross acre of the Post - Amendment Land Use Designation times the gross acreage of the component. (i) "Post- Amendment Land Use Designation" means the land use designation to which the component is proposed to be changed. (j) "Pre- Amendment ADT" means the ADT per gross acre of the Pre- Amendment Land Use Designation times the gross acreage of the component. -3-- . CJK /WP /ORD73511 (05/21/90) (k) "Pre- Amendment Land Use Designation" means the Land Use Designation from which the component is proposed to be changed. 17.60.030 Limitation on General Plan Amendments. A. The Planning Commission shall not recommend approval of, and the City Council shall not approve, any General Plan amendment that would cause the Base Capacities established by this chapter to exceed the Holding Capacities established by this chapter. In the event that a General Plan amendment consists of more than one component, the Planning Commission shall not recommend approval of, and the City Council shall not approve, any combination of components that would cause the Base Capacities to exceed the Holding Capacities. B. For each proposed General Plan amendment, the following information shall be reported by the Director of Community Development to the Planning Commission and the City Council during the public hearings required by State statute and City ordinance. 1. The Pre - Amendment ADT for each component. -4- CJK /WP /ORD73511 (05/21/90) 2. The Post - Amendment ADT for each component. 3. The Base Capacity for each land use category. 4. The Holding Capacity for each land use category. C. The City Council may, by resolution, adopt rules and regulations to implement the provisions of this section. 17.60.040 Establishment of Base and Holding Capacities. A. As of the effective date of this chapter, the Base Capacities, by land use categories, shall be as shown below and the Holding Capacities, by land use categories, shall be 1.05 times the Base Capacities as shown below. Land Use Categories Base Capacities Residential Total ADT Non - Residential Total ADT -5- CJK /WP /ORD73511 (05/21/90) ' 4 Holding Capacit-ies Total ADT Total ADT 17.60.050 Revision of Base Capacities. A. Neither one of the Base Capacities shall be increased or decreased, or otherwise revised, except as provided by this section. B. Upon the adoption of any General Plan amendment which would change any permitted land use from one Land Use Designation to another Land Use Designation, the City Council shall revise the Base Capacities in accordance with this subsection. The Pre - Amendment ADT for each approved component of the General Plan amendment shall be subtracted from the applicable Base Capacity and the Post - Amendment ADT for each approved component of the General Plan amendment shall be added to the applicable Base Capacity. C. Upon the adoption of any General Plan amendment that is for the initial Land Use Designation of any Moorpark Non - Territorial Area, the City Council shall revise the Base Capacities in accordance with this subsection and subsection B of this section shall not be applicable. The Initial - Amendment ADT for each approved component of the General Plan amendment shall be added to the applicable Base Capacity. The Initial - Amendment ADT shall mean the ADT per gross acre of the initial Land Use Designation minus ADT per gross acre times the gross acreage of the component. For purposes of subsection B of -6- CJK /WP /ORD73511 (05/21/90) Section 17.60.030, there shall be no Pre - Amendment ADT and the Initial - Amendment ADT shall serve as the Post - Amendment ADT. D. Subsection B of this section shall not be applicable and no revision shall be made to Base Capacities when the General Plan is amended to change any permitted land use from one Land Use Designation to another Land Use Designation: 1. In conjunction with the initial adoption of a specific plan for the Moorpark Territorial Area bounded by to the north, to the south, to the east and to the west; or 2. In order to meet the City's share of the regional housing need set forth in any State mandated amendment to the Housing Element. This exception to subsection B shall apply only to the extent that the change in Land Use Designation is necessary to increase the inventory of residential land to the gross acreage needed to accommodate the number of dwelling units, by housing types for each -7- CJK /WP /ORD73511 (05/21/90) income level, that comprise the City's share of the regional housing need. 17.60.060 Revision of Holding Capacities. A. Neither one of the Holding Capacities shall be increased or decreased, or otherwise revised, except as provided by this section. B. The Holding Capacities, or either one of them, may be revised at any time and in any amount by a simple majority of the voters of the City voting on the revision at a special or general election. 17.60.070 Calculation of ADT. A. The ADT by Land Use Designation and the land use category into which each Land Use Designation falls is as follows: Land Use Categories 1. Residential Rural Low Rural High Low Density Medium Low Density Medium Density -8- CJK /WP /ORD73511 (05/21/90) ADT Per Gross Acre High Density Very High 2. Non - Residential Neighborhood Commercial General Commercial Commercial- Industrial Mix Limited Industrial Medium Industrial Agriculture 1 Agriculture 2 Open Space 1 Open Space 2 School Park B. The General Plan shall not be amended to add any new Land Use Designation or revise any existing Land Use Designation without the amendment and a corresponding ADT per gross acre for the new designation being approved by a simple majority of the voters of the City voting on the amendment and the corresponding ADT per gross acre at a special or general election. -9- CJK /WP /ORD73511 (05/21/90) - 17.60.080 Official Record of Capacities. A. The Director of Community Development shall keep an official record of the Base Capacities and of each revision thereto: No revision shall be made to the Base Capacities except as expressly provided by this chapter. B. The Director of Community Development shall keep an official record of the Holding Capacities and of each revision thereto. No revision shall be made to the Holding Capacities except as expressly provided by this chapter. C. In the event that any General Plan amendment, or component thereof, fails to become effective or is set aside, voided or annulled by a court of competent jurisdiction, the corresponding revisions shall be deleted from the Base Capacities. 17.60.090 Judicial Review. Any action or proceeding to attack, review, set aside, void or annul any action to amend the General Plan contrary to the provisions of this chapter or to revise the Base Capacities or the Holding Capacities contrary to the provisions of this chapter shall not be maintained by any person unless the action or proceeding is filed in a court of competent jurisdiction and the City Council is served within thirty (30) days after the date of such action. Thereafter all persons are barred from such -10- CJK/WP/ORD73511 (05;"21/9u) action or proceeding or from any defense of invalidity or unreasonable of that action on the ground that it violates this chapter. 17.60.100 Amendment of Chapter. This chapter shall not be amended or repealed without the approval of a simple majority of the voters of the City voting on the amendment or repeal at a special or general election. SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. Pursuant to section 4013 of the California Elections Code, this Ordinance shall be considered as passed and adopted upon the date that the vote is declared by the City Council and shall go into effect 10 days after that date. -11- CJK /WP /ORD73511 ( 0 5%2= '?u ) SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of the city and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the vote is declared by the City Council. PASSED AND ADOPTED this day of 19—. Mayor ATTEST: City Clerk -12- CJK/WP/ORD73511 (05/2'/90