Loading...
HomeMy WebLinkAboutAGENDA REPORT 2009 1021 CC REG ITEM 09B ITEM 9.13. CITY OF MOORPARK CALIFORNIA City Council Meeting of ' ACTION: MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council Alar� FROM: David A. Bobardt, Planning Director DATE: October 12, 2009 (CC Meeting of 10/2112009) SUBJECT: Consider Options for Strengthening the Tierra Rejada Greenbelt Agreement BACKGROUND On October 7, 2009, the City Council directed staff to present options at its October 21, 2009 meeting for strengthening the Tierra Rejada Greenbelt Agreement. DISCUSSION The County of Ventura, along with the Cities of Ventura and Santa Paula, entered the first Greenbelt Agreement in 1967. Since that time, six other agreements have been adopted for the following greenbelts (parties to agreement in parentheses): 1. The Ventura-Santa Paula Greenbelt (Cities of Ventura and Santa Paula, County) 2. The Santa Paula-Fillmore Greenbelt (Cities of Fillmore and Santa Paula, County) 3. The Camarillo-Oxnard Greenbelt (Cities of Camarillo and Oxnard, County) 4. The Santa Rosa Valley Greenbelt (Cities of Camarillo and Thousand Oaks, County) 5. The Tierra Rejada Greenbelt (Cities of Moorpark, Simi Valley, and Thousand Oaks, County) 6. The Ventura-Oxnard Greenbelt (Cities of Ventura and Oxnard, County) 7. The Fillmore-Piru Greenbelt (City of Fillmore and County) The Tierra Rejada Greenbelt Agreement, attached, includes a commitment by the Cities of Moorpark, Simi Valley, and Thousand Oaks, to not annex any property within the defined boundaries of the Greenbelt, and a commitment by the County to maintain the land for open space uses. The County has implemented this policy through maintaining Open Space and Agricultural zoning of the Greenbelt area. 100 Honorable City Council October 21, 2009 Page 2 Some of the greatest concerns over the effectiveness of the Greenbelt agreement have been over the land uses that have been permitted in this area. Staff has identified the following options to strengthen the Greenbelt Agreement. Each of these is discussed below: 1. Expand the area covered by the greenbelt agreement 2. Include greater restrictions on permitted uses 3. Require 20-acre (or greater) minimum lots 4. Develop a conservation easement purchase program 5. Include special land use restrictions within defined adjacent incorporated areas 6. Adopt the agreement by Ordinance 7. Require supermajority of each agency to amend the agreement Expand the Area Covered by the Greenbelt Agreement: The Tierra Rejada Greenbelt, at approximately 2,490 acres, is the smallest of the greenbelt areas covered by greenbelt agreements in the County. Attachment No. 4 shows the areas covered by greenbelt agreements in Ventura County. As can be seen in this exhibit, there is contiguous property to the north of the Tierra Rejada Greenbelt not included in the agreement. Most of this property is privately owned. An application for a 37-home subdivision on 584 acres of this land has been filed with the County. It is currently incomplete. The Tierra Rejada Golf Course is also outside the Greenbelt. Inclusion of additional property would not offer substantial additional protection from incompatible development without stricter land use regulations. Include Greater Restrictions on Permitted Uses: Concern over the effectiveness of the Greenbelt Agreement has been focused on the uses that have been permitted in the Greenbelt, as well as on subdivision activity, increasing the residential density allowed in the zone, and development standards such as lighting and fencing. The County's zoning and use matrix from the County's Zoning Ordinance is attached. Stricter regulations could take the form of a more restrictive Open Space zone, or an overlay zone specific to the greenbelt. Since the County has the sole authority for zoning in the Greenbelt, any changes to the Zoning Ordinance would have to be considered by the County Planning Commission and Board of Supervisors either before or concurrently with any amendment to the Greenbelt Agreement that called for changes to the Zoning Ordinance. It should be noted that the County currently has a moratorium on assembly type uses in its Open Space zones that is in effect through March of 2010, while it is considering changes to its Zoning Ordinance on these uses. In the more recent Greenbelt Agreements, language has been provided for the County to give strong consideration to certain uses that may not be compatible in the greenbelts, but these uses are not outright prohibited, as that would require a Zoning Ordinance amendment. S:\Community Development\GEN PLAN\OSCAR Element\Tierra Rejada Greenbelt\091021 CC Rpt Greenbelt Agreement Options.doc 101 Honorable City Council October 21, 2009 Page 3 Require 20-Acre or Greater Minimum Lots: While much of the property in the Tierra Rejada Greenbelt is zoned for 40-acre lots, the Open Space designation in the General Plan allows for lots as small as 10 acres. The County has received a number of requests from property owners in the Greenbelt wanting to re-zone their property and subdivide it to allow for 10-acre lots. The proliferation of 10-acre lots has the potential to change the predominate character of the Greenbelt area from agricultural/open space to rural residential. A 20-acre minimum lot size would be consistent with Moorpark's SOAR Ordinance and would limit the change for open space and agricultural uses to large-lot residential uses. Such a change to the Greenbelt Agreement may require a conforming General Plan Amendment or Zoning Ordinance Amendment by the County. Develop a Conservation Easement Purchase Program: Development in the surrounding cities often requires that a certain amount of land be set aside for open space. Through a joint powers authority or similar mechanism, cities could consider contributions to purchase conservation easements in the Tierra Rejada Valley in lieu of or in addition to meeting certain open space requirements on site. Conservation easements could still allow for agricultural or limited open space uses. Conservation easements could also be made on parts of lots to limit existing development. Include Special Land Use Restrictions within Defined Adiacent Incorporated Areas: The cities may have certain areas adjacent to the Tierra Rejada Greenbelt that by policy would have similar land use restrictions as established through the Tierra Rejada Greenbelt Agreement. Such additional properties may help preserve the integrity of the Greenbelt in the long term by further increasing the area protected for open space use. Adopt the Agreement by Ordinance: In its updates to Greenbelt Agreements, the County is currently encouraging adoption by ordinance instead of by resolution. This could mean additional noticing and two votes of each City (introduction and adoption) to change the agreement. County staff is currently working on a draft Ordinance of the Tierra Rejada Greenbelt Agreement. It is not available for review at the time of preparation of this report. The County and City of Fillmore each adopted the Fillmore- Piru Greenbelt Agreement by ordinance in 2000. Require Supermaiorityof Each Agency to Amend the Agreement: The agreement could include language requiring a greater than majority vote of each participating body to amend the agreement. The Fillmore-Piru Agreement requires a supermajority (4/5) vote of the Fillmore City Council to be amended. The most effective ways to strengthen the Greenbelt Agreement fall primarily under the authority of the County through potential changes to the General Plan and Zoning Ordinances. A conservation easement purchase program, however, would not require changes to the County's General Plan and Zoning Ordinance, though its effectiveness would be less certain as it would be tied to available funding and development activity in S:\Community Development\GEN PLAN\OSCAR Element\Tierra Rejada Greenbelt\091021 CC Rpt Greenbelt Agreement Options.doc 102 Honorable City Council October 21, 2009 Page 4 the surrounding cities. The Fillmore-Piru and Santa Paula-Fillmore agreements, two of the most recent ones, are attached for additional information. FISCAL IMPACT Depending on the direction given by City Council, some of the alternatives may involve staff or consultant time. STAFF RECOMMENDATION Direct staff as deemed appropriate. ATTACHMENTS: 1. Tierra Rejada Greenbelt Agreement 2. Aerial View of Tierra Rejada Greenbelt 3. School Districts and Water Districts 4. Ventura County Greenbelts 5. Excerpt from Ventura County Zoning Ordinance 6. Fillmore Piru Agreement 7. Santa Paula Fillmore Agreement &\Community Development\GEN PIAN\OSCAR Element\Tierra Rejada Greenbelt\091021 CC Rpt Greenbelt Agreement Options.doc 103 CTO RESOI.LIrION NO. 84-143 S.V. RESOLUTION NO. 84-34 MOORPARK RESOLUTION NO. 84-110 A JOINT RESOLUTION OF TILE CITY COUNCILS OF THE CITIES OF MOORPARK, SIMI VALLEY AND THOUSAND OAKS, AND THE BOARD OF SUPERVISORS OF THE COUNTY OF VENTURA ESTABLISHING A GREENBELT WITIiIN THE TIERRA REJADA VALLEY WHEREAS, a greenbelt can be defined as an area consisting of prime agricultural or other open space land, as defined in Section 35046 and 65560 of the Government Code, which is preserved in agricultural or other open space uses; and WHEREAS, the area lying generally in the Tierra Rejada Valley west of the City of Simi Valley, north of the City of Thou:;rind Oaks, and south of the City of Moorpark is difficult for any of the Cities or the County to service with sewer:., water, police, fire and other municipal service::; WHEREAS, all the community and regional plans designate the Tierra Rejada Valley for agricultural and open space uses and the area is excluded from all city spheres of influence; and WILEREAS, the City Councils of the Cities of Moorpark, Simi Valley :ind Thousand Oaks, and the Boat-d of Supervisors of the County of Ventura hereby find that the lands described below are worthy of retention in agricultural and other open space uses for tilt, overall hest interest:= of the cities, the County anti the State. NOW, THERF FORK, BE 11' RES0LVED, the Noorpark City Council , Simi Valley Cite Council , Thousand Oaks City COURC11 and Ventura County Board of Supervisors hereby establish this greenbelt for the Tierr.i Re.l.ida Vallev and agree to a policy of non-annexation .roil retention of -open sp.icc uses for the propertir•; in the Tierra Rejada Valley is shown on thy• majo it(:iched as Exhibit A of this resolution and generally described as follows: C495/I CC ATTACHMENT 1 104 Bordered on the north by the City of Moorpark, Moorpark Road, the Tierra Rejada Valley Watershed, an(I the City of Simi Vall^.y; on the east by the City of Simi VaIIvy; on the south by the City of Thousand Oaks and on the west by the Arroyo Santa Rosa and the L:.s Posas Hills. BE IT FURTRER RESOLVED that the following implementation measures be established: At such time as the provisions of the greenbelt agreement are abrogated by the County with regard to any of the remaining area within the boundaries of Waterworks District No. 8, LAFCO shall automatically reconsider 010 proper IOCation of the City of Simi Valley's Sphere of Influence boundary in this area, subject only to the City 1men�tin); its General Plan to include such area. Should the City of Moorpark propuse to annt.•x any portion of the territory in the Tierra Rcj,,da Valley located within Waterworks District No. 8, I'Al"Cu ::haL1 automatically reconsider the proper location of the City of Simi Valley's Sphere of Influence boundary in thi :. +rr.+ , subject enLy to the City amending its General P1.10 to include such area. BE IT FURT1fFR RESOLVED that Lite LocaL Agency Formation Commission is requested to endorse the greenbelt and to ('r>nt►nue ter act in a manner consistent with the preservation of the aforementioned I.+nds for agricultural and other open space purposes. THE CLERKS ARE DIRECTED to -Wiled rr cort : i i-! - (jl)y ..,t this resolution tO the Local Agency Formation Commission. C495/2 105 CITY OF SIMI VALLEY PASSED and ADOPTED on March 26, 1984 4 G LLEGLY , R OF THE CITY OF SIMI VALL Y, ALIFORNIA ATTEST: Linda Pd0w0r*II- eputy City Clerk City of Simi Valley, California APPROVED AS TO FORM: oJv�-- _ JAVOrrance, City Attorney C y of Simi Valley, California APPROVED AS TO CONTENT: M. L. Koester, City Manager City of Simi Valley, California J nes L . rnold, Director epartment of Community Development City of Simi Valley, California 106 CITY OF THOUSAND OAKS PASSED and ADOPTED on June 5, 1984 Lt4LA)XCaD , 0 TIC CITY OF THOUSAND 0 S, CALIFORNIA ATTEST: VNandyl� illon, City Clerk City of Thousand Oaks, California APPROVED AS TO FORM: Mark G. Sellers, Acting City Attorncy City of Thousand Oaks, California APPROVED AS TO ADMINISTRATION: Im -- — Grant . Brimhal y Manager City of Thousand O, A, California 107 CITY OF MOORPARK July 2 PASSED and ADOPTED on *5eiaxaM:yx , 1984 LFTA L. Y pX a-SUTTOR, ITAYOR OF THE CITY OF H ORPARK, CALIFORNIA ATTEST: 0 Doris D. Bankus, City Clerk City of Moorpark, California COUNTY OF VENTURA THE FOREGOING RESOLUTION was duly and regularly adopted by the Board of Supervisors of the County of Ventura , California on February �, 1984. cliair, Board of Supervisors Attest: RICHARD D. DEAN, County Clerk County of Ventura, State of California and ex-officio Clerk ��( OF of the Board of Supervisors thereof. 0 G ' U t By:,,,--, ��� ~� l l • Deputy 94L r IL C495/5 108 Z TlEktiA REJADA VALLEY GREENBELT IlQI p Mlle City of Simi Valle LL a I'!.!II!BFI - �j11' ( (r/ ii'"C�'';7vl II+�' ( °\� �• 1�'i � fr I !i \. � /ytl�f,'•�°il. I !-li% '� / � r .,,)rl l 11( �� �''%�.r3 �/�(—�-��+���_P•-. 7Y/,I( / ��� �' l 1 '+ v' / ' �t.�. •� ��,��°Jt,�1l a..i J / I U I"��� "� 'Yr�'/� � \1\�.l> �dii f .),\ � - �"-'r •lf� Yj _ •.`I��, I` - ,w�,,. �"�rwr+e /.�/•',n �t ` ~ s e :s 0�4' � )�,��"�,••`-'j�/>��l`' ,"t � f��lsas/�!r I �����Y So'ti� �' -•ROA�� - , �~ � r' 9� ,r , _, C(<<b > :;-�::• ;• r!1�,,,�. r ll�pl,•'.�.If,�'— - - ;—�. � �� ` ' .. f., y'� l mil. ,.�� , •._t� �},���I,L����i 11— ,v, . � � �6� �•I/. - Moorpark ti 9���r `±`� � a� _.� ' IpE„oi '� 1;�- 'a �• - ( , `� �� a• � '/, r '� \��, ,y•.,v�^:.� c ,,_., �I` '-mil<r �l<�. . _ I 2. - :;� TIERRA REJADA VALLEY GREENBELT /. 1 Well I If. u �/y/ -/UO ly l� �•��`"9���-� � I � ��� �. C^ wen + .V �1 / py, �Tierra o.Rer '> �. • 1 (((�� 15, �, �yJ 11,1 ��\�l jj�T � �: y� uy �\l /)l� I , i ,\. � � `_ x �/ O I,f`��o• / /�' /r. .o it ;/�;,.:J v it n ) iy - r C��_ �\ 'i)�I,It�t ° �•��J7��0 �./ a � r � III ��I 177 ?�)• vol IP.J- I� \City of Thousand Oaks A i...l Q STATE UN CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) 1, DORIS D. BANKUS _ Cite Clerk of the City of Moorpark, California, du 11erebv certify that the forcgomi� Resolution No. 84-110 Was adopted by 111(2 CIty COUncil W the C.;11y of adjourned Moorpark at anregular 111eeti1lg thereof held on the 2nd kiny of July , 19 84 , and 111,11 the sa111C %kzlS ,001)(Cd 1). the folloxving vote, to Wit: AYLS: Councilmembers Harper , Beaulieu, Prieto, Strauqhan and Mayor Yancy-SutLon; NOES: None; ABSENT: None. WITNESS my hand and the offic1,11 scat Ot tined City thlti 2nd day of July 1k1 84 (s L: J 110 TIERRA REJADA GREENBELT AREA wry ! `r CC ATTACHMENT 2 WATERWORKS ! wr� . ..y . . - < .� . . . ,: a SCHOOL DISTRICTS AND WATER DISTRICTS IN THE TERRA REJADA GREENBELT Note Ronald Reagan P@mAnem Library and surrounding properties served b contract with Waterwo @s District No a � CC ATTACHMENT FiNmore .� —= ����r�t�a �'�+� le+ I Ill�ifff•f, � I�..,�tr, '-'ir.� ,Santa Paula Vcn'ura-Santa P�uln n • Moorpa rk San Bumavenpira -� D '��- .----- $lei*Valley Vnt.�r : xrr.:1 Santa RGsa Val'c•y m 4.•_ P Oxnard Oxnand a r:.ar=1e, _ Thousand Oaks i Port Wfmneme Legend _._.__.. Greenbelts I-- City Boundaries 0 County Boundary Major Roads �W MYWUN*c1K i wAKh 4rC,4 r FiMl 5 1 1 0.MGIf4AfiA• Ventura County v 2.5 5 /� 7♦ Ii�P�IXF�Yi ICil L1Y U19 G f f'�e belts Wes es 'N VENTURA COUNTY NON - COASTAL ZONING ORDINANCE DIVISION 8, CHAPTER 1 OF THE VENTURA COUNTY ORDINANCE CODE LAST AMENDED 12-06-05 VENTURA COUNTY PLANNING DriISION CC ATTACHMENT 5 114 ARTICLE 4: PURPOSES OF ZONES Sec. 8104-0 - Purpose The categories and purposes of land use zones in Ventura County are established as follows: Sec. 8104-1 - Open Space/Agricultural Zones Sec. 8104-1.1 - Open Space (O-S) Zone The purpose of this zone is to provide for the conservation of renewable and nonrenewable natural resources, to preserve and enhance environmental quality and to provide for the retention of the maximum number of future land use options while allowing reasonable and compatible uses on open lands in the County which have not been altered to any great extent by human activities. Sec. 8104-1.2 - Agricultural Exclusive (A-E) Zone The purpose of this zone is to preserve and protect commercial agricultural lands as a limited and irreplaceable resource, to preserve and maintain agriculture as a major industry in Ventura County and to protect these areas from the encroachment of nonrelated uses which, by their nature, would have detrimental effects upon the agriculture industry. Sec. 8104-2 - Rural Residential Zones Sec. 8104-2.1 - Rural Agricultural (R-A) Zone The purpose of this zone is to provide for and maintain a rural setting where a wide range of agricultural uses are permitted while surrounding residential land uses are protected. Sec. 8104-2.2 - Rural Exclusive (R-E) Zone The purpose of this zone is to provide for and maintain rural residential areas in conjunction with horticultural activities, and to provide for a limited range of service and institutional uses which are compatible with and complementary to rural residential communities. Sec. 8104-2.3 - Single-Family Estate (R-O) Zone The purpose of this zone is to provide areas exclusively for single-family residential estates where a rural atmosphere is maintained by the allowing of a range of horticultural activities as well as animals for recreational purposes. Sec. 8104-3 - Urban Residential Zones Sec. 8104-3.1 - Single-Family Residential (R-1) Zone The purpose of this zone is to provide for and maintain areas which are appropriate for single-family dwellings on individual lots. Sec. 8104-3.2 - Two-Family Residential (R-2) Zone The purpose of this zone is to provide for and maintain residential areas allowing two single-family dwelling units or a two-family dwelling unit on lots which meet the minimum area requirements of this zone. Division 8, Chapter 1 Ventura County Non-Coastal Zoning Ordinance(12-06-05 edition) ♦ 37 115 ARTICLE 5: USES AND STRUCTURES BY ZONE I (AM ORD. 4317 - 03-15-05) Sec. 8105-0 - Purpose Section 8105-4 and 8105-5 list in matrix form the land uses and structures that are allowed in each zone, under this Chapter, and indicate the type of land use entitlement required to establish a particular use in that zone. Land uses permitted herein may also require additional licensing/permitting from other Ventura County, State of California, or United States government agencies. (AM. ORD. 4092 - 6/27/95; AM. ORD. 4291 - 7/29/03) Sec. 8105-1 - Use of Matrices Sec. 8105-1.1 - Key To Matrices Except as otherwise provided in Section 8111-1.2.1.6, (specific to the R-P-D zone), the following symbols indicate the type of permit required for uses allowed in each zone: = Not Allowed E = Allowed, but exempt from obtaining a Zoning Clearance. p = Zoning Clearance, or other ministerially approved permit unless specifically exempted. = Zoning Clearance or other ministerially approved permit with signed waivers. 0 = Planning Director-approved Planned Development Permit ® = Planning Commission-approved Planned Development Permit • = Board of Supervisors-approved Planned Development Permit ❑ = Planning Director-approved Conditional Use Permit ® = Planning Commission-approved Conditional Use Permit ■ = Board of Supervisors-approved Conditional Use Permit (ADD. ORD. 3749 - 10/29/85; AM. ORD. 4092 - 6/27/95) Sec. 8105-1.2 Italicized notes appearing in this Zoning Ordinance are editorial in nature and are not a part of the Ordinance or its regulatory scheme. (AM. ORD. 4187 - 5/25/99 - grammar) Division 8, Chapter 1 Ventura County Non-Coastal Zoning Ordinance(12-06-05 edition) ♦ 41 116 Sec. 8105-4 - Permitted Uses in Open Space, Agricultural, Residential and Special Purpose Zones OS AE RA RE RO R1 R2 RPD TP AGRICULTURE AND AGRICULTURAL OPERATIONS Animal Husbandry Domestic Animals Per Art.7 E E E E E more animals than are permitted by Art.7 11 0 1:1 11 11 (3, 19) Reduced Animal Setbacks Per Table 2 . ` . . . Sec.8107-2.5.1 16 Apiculture* 2, 15 16 A uaculture/A uiculture 15 Insectaries for Pest Control 3,6, 15 See Principal Structures Related to Agriculture Vermiculture' 16 up to 5,000 sq.ft.of open beds over 5,000 sq.ft.of open beds Wild Animals, Not Inherently Dangerous 11 ❑ 16, 19 Inherently Dangerous Animals 16) Agricultural Contractors'Service And El 0 El Storage Yards And Buildings(15, 19) Crop and Orchard Production (6,12) E E E E E E E E E Packing,Storage Or Preliminary Processing E E E E E Involving No Structures Timber Growing And Harvesting,And Compatible Uses protected trees Pursuant to Articles 7 and 9 other trees E E E I E E Principal Structures Related To Agriculture (Greenhouses,Hot Houses,Structures for Prelim.Packing,Storage and Preservation of Produce 8 Similar Structures;Cumulative GFA Per Lot)Except Agricultural Shade/Mist Structures'(See Sec. 8106-6.4 6 8107-20) (15 Up to 1,000 sq.ft. 6 16 A A A Over 1,000 sq.ft.to 20,000 .ft. 15) A Over 20,000 sq.ft.to 100,000 sq.ft. Over 100,000 sq.ft. 6 Wineries(Including Processing,Bottling 8 Stora 2, 15 Up to 2,000 sq.ft.structure 0 Over 2,000 to 20,000 sq.ft.structure 1:1 Cl Over 20,000 sq.ft.structure With public tours or tasting rooms 'There are specific regulations for this use;see Article 7. Italicized numbers refer to amendment history at end of use matrices. Legend:see Section 8105-1.1 Division 8,Chapter 1 Ventura County Non-Coastal Zoning Ordinance (12-06-05 edition) • 44 117 OS AE RA RE RO R1 R2 RPD TP Accessory Uses And Structures• 15 Accessory Structures Related to Agriculture and Animal Husbandry/Keeping'(e.g. Barns,Storage Buildings,Sheds; Cumulative GFA Per Lot)(15, 25) up to 2,000 sq.ft. 15,25 0 0 0 0 over 2,000 sq.ft.to 5,000 sq.ft. 15,25) 0 A Li over 5,000 sq.ft.to 20,000 sq.ft.(25) A over 20,000 sq.ft.to 100,000 sq.ft. 25 over 100,000 sq.ft. 25 exceeding height limits 25) Offices'(7, 19,25) See Artide 7 Accessory bathrooms•(See Sec.8107- Q Q Q 1.9)(25 Agricultural Sales Facilities' 16, 19 Small facilities:up to 500 sq.ft.,meeting standards established by Section 8107- 0 0 6.2(25) Meeting standards of Sections 8107- ❑ ❑ ❑ 6.2.1,8107-6.2.2,and 8107-6.3.4(25) Large facilities:over 500 to 2,000 sq.R ❑ ❑ 5 Large facilities:over 2.000 to 5,000 sq.ft. (25 Wholesale nurseries for propagation:with Q Q Q sales facilities up to 500 sq.ft. 26,34 with sales facilities of over 500 to 1:1 0 2,000 sq.ft. 26,34 with sales facilities of over 2,000 to 5,000 sq.ft. 26, 34 with sales of non-agricultural items or materials not propagated on site. (26, 34) Agricultural Shade/Mist Structures'(16, 25, 34 up to 1,000 sq.ft.(25) 0 0 over 1,000 sq.ft. to 20,000 sq.ft. 25) 0 0 over 20,000 sq.ft.or 15%of lot area Q Q ❑ whichever is greater) 25) over 15%of lot area(25) Animal Shade Structures 26 Up to 500 sq.ft. 26 A A A A Over 500 sq.ft.to 1,000 sq.ft. 26 0 Over 1,000 sq.ft.to 10,000 sq.ft. 26 0 0 Over 10,000 sq.ft.or up to 7.5%of lot Q 0 ❑ ❑ area(whichever is greater)(26 Over 20,000 sq.ft.or up to 15%of lot area(whichever is greater),Permeable ❑ ❑ ❑ Structures on 26) Over 15%of lot area,Permeable Structures on 26 *There are specific regulations for this use;see Article 7. Italicized numbers refer to amendment history at end of use matrices. Legend.see Sectfon 8105-1.1 Division 8, Chapter 1 Ventura County Non-Coastal Zoning Ordinance(12-06-05 edition) ♦ 45 118 OS AE RA RE RO R1 R2 RPD TP Over 7.5%of lot area,Impermeable ❑ ❑ ❑ ❑ ❑ Structures on 26 Farmworker Dwelling Units' 15, 25) 0 not meeting standards established by ❑ ❑ ❑ ❑ Sec.8107-26.1&2 25,32) Animal Caretaker Dwelling Units 26 0 not Sec.meeting 6.1&2 26,32blished by 11 F-1 ❑ El 2 Open Storage Per Art.7 6, 15,25 E E E E E Fuel Storage 6, 25 A A Q 0 Underground Fuel Storage Permitted By E E E E E Other County Agencies 25 Agricultural Promotional Uses (26) ANIMAL KEEPING,NON-HUSBANDRY.(6,2, 15) Domestic Animals Per Art.7 E E E E E ❑ E E More Animals Than Are Permitted By Art. 7 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ f5 Horses And Other Equines Per Art.7(15) E E E E E ❑ E E More Animals Than Are Permitted By Art. 7 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 15 Kennels/Catteries(2, 15, 19) ❑ ❑ ❑ ❑ Equestrian Centers(16, 19) ❑ ❑ ❑ Wild Animals,Not Inherently Dangerous(15, ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 19) Inherently Dangerous Animals(16) Reduced Animal Setbacks Per Table 2 . . . A . A . . (Sec.8107-2.5.1)(16) Accessory Stnktures See Accessory Structures Related to Agriculture and Animal Husbandry/Keeping;Animal Shade Structures;Animal Caretaker Dwell no Units 32 AIRFIELDS AND LANDING PADS AND STRIPS, PRIVATE BOARDING HOUSES AND BED-AND- BREAKFAST INNS-(2)(35) On Designated Cultural Heritage Sites(29, 34) CARE FACILITIES(SEE ALSO H.&S.C.AND W.&1.C.) Day Care Centers(19) ❑ ❑ Family Day Care Home(28) E E E E E E E E Intermediate:Care Of 7 Or More Persons(2) Residential: Care Of 6 Or Fewer Persons A A A A A A 0 Care Of 7 Or More Persons }There are specific regulations for this use;see Article 7. Italicized numbers refer to amendment history at end of use matrices. Legend.see Sectlon 8105-1.1 Olvislon 8, Chapter 1 Ventura County Non-Coastal Zoning Ordinance(12-06-05 edition)• 46 119 OS AE RA RE RO R1 R2 RPD TP CEMETERIES'(See Sec.8107-27) (15) N E z 0 Rio E Accessory Crematories,Columbaria And Mausoleums CHURCHES,SYNAGOGUES AND OTHER BUILDINGS USED FOR RELIGIOUS WORSHIP CLUBHOUSES(NO ALCOHOLIC BEVERAGES) (2) COMMUNICATIONS FACILITIES'(See Sec. ❑ Cl 11 El ❑ ❑ 8107-28) (15) CULTURALIHISTORIC USES(29) Cultural Heritage Sites with Ordinance Pursuant to Article 7 and Deviations(29) principal or accessory uses Historic Re silo 29) Interpretive Centers 29) DWELLINGS Dwellings,Single-Family•(Mobilehornes- Q Q Q Q ® Q See Sec. 8107-1.3) Mobilehome,Continuing Nonconforming 0 C1 11 El El El 0 D E] 15 Lower Income/Senior Developments Built Pursuant To Ad 16 13, 19 Dwellings,Two-Farnily,Or Two Single- 0 Family Dwellings Lower Income/Senior Developments(Built Pursuant To Art. 16)(13, 19 Dwellings,Multi--Family Lower Income/Senior Developments Built Pursuant To Art 16 13, 19 Qualified Condominium Conversions Pursuant To Art 19 14 Farmworker Housing Complex(31) Dwellings,Accessory Structures To Buildings For Human Habitation: 3, 19 temporary buildings during construction• Q Q Q 0 Q Q 0 Q Q (19 second dwelling unit'(2, 11, 15,33 A A I A A A I A 0 A Buildings Not For Human Habitation Or Agricultural And Animal Husbandry/Keeping Purposes(E.G.Garage,Storage Building): 3, 15, 19,27 up to 2,000 sq.ft.GFA per lot 3, 6, 19 0 0 over 2,000 sq.ft.GFA per lot(3,6. 15, O O O O O 19 exceeding height limits of main structure El El ❑ 0 0 El El (18) 'There are specific regulations for this use;see Article 7. italicized numbers refer to amendment history at end of use matrices. Legend:see Section 8105-1.1 Division 8, Chapter 1 Ventura County Non-Coastal Zoning Ordinance(12-06-05 edition) ♦ 47 120 OS AE RA RE I RO R1 R2 I RPD TP accessory bathrooms' (18) A A A A Q Al A A Other Structures(18) freestanding light fixtures per sec.8106- O 010 O O O O O O 8.6 nonmotorized wheeled conveyances, Q 0 Q Q Q Q Q Q within standards'(19) Li which exceed standards Antennas,Ground-Mounted Noncommercial up to 40 ft.in height 16, 19) 0 A 0 A A Al A A above 40 ft.in height(6) Patios,Paving And Decks Not More Than E E E E E E E E E 30"Above Finished Grade,Per Art.6(18) Play Structures,Outdoor Furniture, Mailboxes And Similar Structures Exempt E E E E E E E E E From Setback Requirements Of Art 6 18 Swimming,wading and ornamental pools E I E E E I E E E E E less that 18"depth capacity 18 Soil and geologic testing for water wells, foundations,septic systems and similar E E E E E E E E E construction 18 Dwellings,Accessory Uses To Keeping Of Animals;Nonhusbandry equines and other domestic animals per E E E E E ❑ E E art.7 19 more animals than are permitted by ❑ ❑ ❑ ❑ ❑ ❑ ❑ art. 7 3, 15 pet animals in accordance with standards E E E E E E E E E of art.7 more animals than are permitted by ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ art. 7 3, 15 wild animals as pets(sec.8107-2.3.1) Q Q 0 Q Q Q Q Q i5 more wild animals than are El ❑ C3 ❑ ❑ ❑ ❑ ❑ permitted 16 inherently dangerous animals Not permitted youth projects'(16) ♦ A Commercial uses,minor,for project residents See sec.8109-1.2.5 4 Garage/yard sales See definition E E E E E E E E E Home occupations • 3 O A A A 0 0 A A A Open storage,per art.7'(19)(See Section E E E E E E E E E 8107-15 EDUCATION AND TRAINING Colleges and universities Schools,elementary and secondary (boarding and nonboarding) ENERGY PRODUCTION FROM RENEWABLE SOURCES(3) 'There are specific regulations for this use;see Article 7. Italicized numbers refer to amendment history at end of use matrices. Legend:see Section 8105-1.1 Division 8, Chapter 1 Ventura County Non-Coastal Zoning Ordinance(12-06-05 edition) ♦ 48 121 OS AE RA RE RO R1 R2 RPD TP FENCES AND WALLS 6'HIGH OR LESS PER ART.6 E E E E E E E E E Over 6'H' h Per Art.6 18 Q Q Q Q Q Q Q Q Q FESTIVALS,ANIMAL SHOWS, AND SIMILAR ❑ ❑ 11 EVENTS,TEMPORARY OUTDOOR(35) FILMING ACTIVITIES - (2,15) Permanent Not permitted Temporary ❑ ❑ ❑ ❑ Occasional For Current News Programs/ E E E E E E E E E Noncommercial Personal Use Occasional Per Sec.8107-11.1 Q Q Q Q Q Q Q Q Q Occasional With Waivers Per Sec.8107-11.2 Occasional,Not Meeting Standards(18) ❑ ❑ ❑ ❑ ❑ ❑ FIREWOOD OPERATIONS(3,12) ❑ ❑ ❑ GOVERNMENT BUILDINGS(2) Correctional Institutions 19 E Fire Stations ❑ ❑ ❑ Law Enforcement Facilities ❑ ❑ Public Works Projects Not Otherwise Listed As Uses In This Section Constructed By The E E E E E E E E E County Or Its Contractors GRADING(A PWA Grading Permit May Still Apipl}o(7) E E E E E E E E E Within An Overlay Zone Pursuant to Article s HOSPITALS LIBRARIES MAINTENANCE,ROUTINEIMINOR REPAIRS TO BUILDINGS,NO STRUCTURAL E E E E E E E E E ALTERATIONS MINERAL RESOURCE DEVELOPMENT•(1) Minting And Accessory Uses•(1) Less Than 1 Year In Duration 1 22 Public Works Maintenance,Less Than 1 Q Q Q Q Q Q Q Q Q Year in Duration 1,22 Reclamation Plan(22) Following a public hearing where a reclamation plan is required r SMARA in conjunction with a land use entitlement Mining,Agricultural Site•(22) ♦ Oil And Gas Exploration And Production(7) ❑ ❑ 1 11. 10 "There are specific regulations for this use;see Article 7. Italicized numbers refer to amendment history at end of use matrices. Legend.see Section 8105-1.1 Division 8, Chapter 1 Ventura County Non-Coastal Zoning Ordinance(12-06-05 edition) • 49 122 OS AE RA RE RO R1 R2 RPD TP Drilling,Temporary Geologic(Testing Only) ❑ ❑ ❑ ❑ ❑ MOBILE FOOD FACILITIES•(18) E E E E E E E E E MOBILEHOME PARKS• MODEL HOMES/LOT SALES:2 YEARS' A A A A A A More Than 2 Years ❑ ❑ ❑ ❑ ❑ ❑ ORGANICS PROCESSING OPERATIONS (COMPOSTING,VERMICOMPOSTING, CHIPPING AND GRINDING)(24) Biosolids Composting Operations'(24) Commercial Organics Processing Operations '(24) Small-Scale(up to 200 cubic yards on-site) A ❑ A ❑ A • 24 Medium-Scale(over 200 cubic yards to ❑ ❑ ❑ ❑ 1,000 cubic yards on-site)' 24 Large-Scale(over 1,000 cubic yards on-site) 24 PIPELINES/TRANSMISSION LINES, ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ABOVEGROUND' PUBLIC SERVICEIUTIUTY FACILITIES(27) Small Utility Structures(17) E E E E E E E E E Excluding Office And Service Yards(28) Public Service/Utility Offices And Service Yards,When Located On Lots Containing The Majority Of The Agency's Facilities (28) RECREATIONAL,SPORT AND ATHLETIC FACILITIES Botanic Gardens and Arboreta'(35) Camps'(8)(35) Campgrounds'(8) Community Centers For Farm Workers And Nonprofit Farm ❑ Community Organizations Fields,athletic,without buildings,With Or ❑ ❑ ❑ ❑ ❑ Without Night Lighting(7, 19, 27) Without Night Lighting 18, 27 Geothermal Spas(7) Golf Courses ArdOr Driving Ranges, Except Miniature Golf(15) Motocross/Off-Highway Vehicle Parks '(17) *There are specific regulations for this use;see Article 7. Italicized numbers refer to amendment history at end of use matrices. Legend:see Section 8105-1.1 Division 8,Chapter 1 Ventura County Non-Coastal Zoning Ordinance (12-06-05 edition) • 50 123 OS AE RA RE RO I R1 I R2 RPD TP Parks(6) A p p p Q p With Buildings El 0 Periodic Outdoor Sporting Events(7) ❑ Recreational Vehicle Parks' Recreation Projects,County-Initiated(5) O Caretaker Recreational Vehicle,Accessory 0 Q Q Q Q Q Q Q S Retreats,Without Sleeping Facilities'(8) ❑ ❑ ❑ With Sleeping Facilities 8 Shooting Ranges And Outdoor Gun Clubs(4) SIGNS PER ARTICLE 10 UNLESS EXEMPT FROM ZONING CLEARANCE PER SEC.81143 0 A 0 A A A A m SOIL AMENDMENT OPERATIONS(16) ❑ ❑ ❑ STORAGE OF BUILDING MATERIALS, Q Q A 0 Q Q Q 0 Q TEMPORARY •(3) TREES AND NATIVE VEGETATION:REMOVAL, RELOCATION OR PRUNING(7,12) Protected Trees,And Vegetation In Overlay Zone' Pursuant to Articles 7 and 9 Other Trees And Vegetation E E E E E E E E E USES AND STRUCTURES,ACCESSORY (OTHER THAN TO AGRICULTURE,ANIMALS D D D A 0 ❑ OR DWELLINGS) Freestanding Light Fixtures Per Sec. 8106- O O O O O O O O O 8.6 Organics Processing Operations*(24) On-Site Composting Operations(not related 10 normal farming activities)•(24) Small-scale(up to 10 cubic yards on-site) E E E E E E E E E '(24) Medium-scale(over 10 cubic yards to Q Q Q Q Q ❑ Q 200 cubic yards on-site)' 24 Large-scale(over 200 cubic yards on- ❑ ❑ ❑ ❑ site)' 24 Waste Handling,Waste Disposal and Recycling Facilities(24) Household/CESQG Hazardous Waste Collection Facilities And Hazardous Waste Collection,Treatment and Storage Facilities 24 Recyclable HousehokVCESQG Hazardous E Waste Collection Facilities' 24 *There are specific regulations for this use;see Article 7. Italicized numbers refer to amendment history at end of use matrices. Legend.see Section 8105-1.1 Division 8, Chapter 1 Ventura County Non-Coastal Zoning Ordinance(12-06-05 edition) ♦ 51 124 OS AE RA RE RO R1 R2 RPD TP Not meeting standards established by ❑ Section 8107-36.3.7' 24 Sal And Geologic Testing For Water Wells Foundations,Septic Systems And Similar E E E E E E E E E Construction(19) Stockpiling Of Construction Related Debris and/or Fill Material for Non-agricultural Operations(28) Less Than 1,000 Cu.Yds. 28 0 1,000 Cu.Yds Or More 28 Swimming,Wading,And Ornamental Pools E E E E E E E E E Less Than 18'Depth Capacity(19) Patios,Paving And Decks Not More Than E E E E E E E E E 30"Above Finished Grade,Per Art.6(18) Play Structures,Outdoor Furniture And Similar Structures Exempt From Setback E E E E E E E E E Requirements Of Art.6(18) Open Storage Per Art.7* E E E E E E E E E Parking/Storage Of Large Vehicles(Per . . . . . . . . . Requirements Of Sec. 8106-8.2.8)(16) To A Use Requiring A PD Permit Or CUP(2) Pursuant to Article 11 Sec.8111-6.1 Dwelling,Caretaker VETERINARY HOSPITALS FOR LARGE ANIMALS WASTE HANDLING,WASTE DISPOSAL AND RECYCLING FACILITIES (24) Disposal Facilities,Hazardous Waste*(24) Disposal Facilities,Oilfield Waste'(24) Disposal Facilities,Solid Waste'(24) Recyclables Collection And Processing Facilities *(24) Recyclables Collection Centers*(24) D D Temporary Collection Activities *(24) D D D Waste Collection And Processing Activities To Mitigate An Emergency*(24) Pursuant to Sec.8107-36.3.12 Waste Processing Facilities And Transfer Stations'(24) WASTEWATERISEWAGE TREATMENT FACILITIES Individual Sewage Disposal Systems A A D A Q On-Site Wastewater Treatment Facilities(19) Community Wastewater Treatment Facilities (19) *There are specific regulations for this use;see Article 7. Italicized numbers refer to amendment history at end of use matrices. Legend:see Section 8105-1.1 Division 8, Chapter 1 Ventura County Non-Coastal Zoning Ordinance(12-06-05 edition) • 52 125 OS AE RA RE RO R1 R2 RPD TP WATER PRODUCTION,STORAGE, TRANSMISSION,&DISTRIBUTION FACILITIES: (6) 4 Or Fewer Domestic Service Connections 0 A A A 0 A A (Privately Operated) 5 Or More Domestic Service Connections 0 El 0 1:1 1:1 0 O El .1 (Privately Operated) For Agricultural Purposes(Privately 0 0 Operated) Well Drilling For Use Only On Lot Of Well E E E E E E E E E Location 'There are specific regulations for this use;see Article 7. Italicized numbers refer to amendment history at end of use matrices. Legend.see Section 8105-1.1 Division 8, Chapter 1 Ventura County Non-Coastal Zoning Ordinance(12-06-05 edition) • 53 126 Exhibit "2" AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FILLMORE REGARDING THE FILLMORE/PIRU GREENBELT The City Council of the City of Fillmore ordains as follows: Section 1. PURPOSE AND INTENT -- The purpose of this Greenbelt Ordinance is to promote the agricultural and open space land conservation goals and policies contained in the City of Fillmore and the County of Ventura General Plans, and the Heritage Valley Implementation Plan, with a Greenbelt program designed to preserve unincorporated County lands that are located between the City of Fillmore and the eastern boundary of Ventura County for agricultural and open space purposes. For reasons set forth in Section 15 of this Ordinance (Unique Considerations), the preservation of agricultural land within this Greenbelt is of critical importance. Therefore, land uses which may conflict with agricultural production, and in particular those uses listed in Section 15, Subsection B, shall receive enhanced review, analysis and treatment, up to and including denial, in order to ensure compatibility. The enhanced review, analysis and treatment of the uses listed in Section 15, Subsection B will apply to all lands located within the Greenbelt's boundary. It is the intent of this Ordinance that the boundaries of the Fillmore/Piru Greenbelt should be in compliance with the City of Fillmore's Sphere of Influence. The City of Fillmore is currently in the process of revising and updating its General Plan, including a potential change in the City's Sphere of Influence. The inaugural greenbelt boundaries have been set to accommodate the General Plan Study Area. Following adoption of the updated General Plan, the City of Fillmore and the County of Ventura will amend the boundaries of this Greenbelt to conform to Fillmore's revised General Plan Study Area. After any Local Agency Formation Commission (LAFCo) approval of a revised Sphere of Influence boundary, the City of Fillmore and the County of Ventura will amend the boundaries of this Greenbelt to conform to LAFCo's action. Section 2. GOVERNMENT CODE REFERENCE — The Greenbelt consists of irrigated agricultural and open space lands as defined by Sections 56064 and 65560 of the Government Code. Section 3. NON-ANNEXATION AND NON-URBAN DEVELOPMENT POLICY — The City Council of the City of Fillmore and the Board of Supervisors of the County of Ventura establish this Greenbelt so as to maintain its agricultural and open space uses and agree to a policy of non-urban development, non-annexation and the retention of agricultural and open space uses on the Greenbelt's lands. Section 4. FINDINGS -- The City of Fillmore and the County of Ventura's adoption of: 1) General Plan policies and zoning regulations, 2) the Guidelines for Orderly Development, and 3) Greenbelt policies have demonstrated a long-term commitment to agricultural and CC ATTACHMENT 6 127 open space land conservation. The City Council of the City of Fillmore reaffirms the following findings- 1. The lands in the Greenbelt area are worthy of permanent retention in agricultural and open space uses in the overall best interest of the City of Fillmore, the County of Ventura and the State; 2. The Greenbelt area is difficult for either the City of Fillmore or the County of Ventura to serve with sewers, water, fire and municipal services, 3. California is losing farmland at a rapid rate and some of Ventura County's most developable land is also its most productive agricultural land; 4. Acre-for-acre, Ventura County's agricultural lands are among the most productive in California, nearing three times the production level of the Statewide average; 5. Encroaching urban development poses a threat to the continued viability of Ventura County's farmland, especially for parcels located adjacent to urban areas; 6. Some urban uses, when located contiguous to farmland, are incompatible with commercial agricultural operations which can lead to additional farmland conversion; 7. The City of Fillmore and/or the County of Ventura have participated in numerous farmland protection programs and initiatives in recent years including initiating the voter-approved Measure A in 1998 and the Agricultural Policy Working Group (APWG) in 1997/98; adopting the `Right-to-Farm-Ordinance in 1997; re-establishing the Agriculture Policy Advisory Committee (APAC) in 1996, and establishing the Agricultural Land Trust Advisory Committee (ALTAC) in 1991/92, the Agricultural Lands Protection Program (ALPP) in 1982/83 and the Land Conservation Act (LCA) Program in 1969; 8. The protection and conservation of agricultural land, especially in areas that are presently farmed or feature Prime or Statewide Importance soils as defined by the Important Farmlands Inventory (IFI), represents a primary objective; 9. The loss of agricultural land to urban development is consistently a significant unmitigable impact under the California Environmental Quality Act (CEQA); 10.Agriculture represents an important component of the City of Fillmore and Ventura County's economies —the loss of farmland to urban development is irreversible and will have a negative impact on the City's and the County's economies; 11.The continuation of agricultural operations protects Ventura County's landscape and environmental resources; 12.Protecting open space, maintaining the integrity of separate distinct cities and preventing inappropriate urban development from locating between city boundaries represent important `quality of life' goals; and 13.The retention of open space lands protects scenic resources and natural habitats and provides opportunities for passive and active recreational activities, parks and trail systems. Section 5. DEFINITIONS -- As used in this Greenbelt Ordinance, the following terms shall have the meanings set forth in this section: 2 128 AGRICULTURAL LANDS PROTECTION PROGRAM (ALPP) — In May 1983, the Ventura County Board of Supervisors adopted the ALPP for the unincorporated areas of the County. The ALPP established a new Agriculture land use designation (minimum parcel size 40 acres) and redefined the Open Space and Rural land use designations. AGRICULTURAL LAND TRUST ADVISORY COMMITTEE (ALTAC)—ALTAC was established by the Ventura County Board of Supervisors in November 1990 and included 11 members who represented the Board, farmers and the public. ALTAC established a countywide non-profit land trust and recommended a process for the permanent conservation of irrigated farmland and the implementation of an agricultural advocacy program. AGRICULTURAL POLICY ADVISORY COMMITTEE (APAC) — APAC advises the Board of Supervisors, the County Planning Commission, County Planning staff and the cities on all matters having direct, indirect and cumulative impacts on the viability of agriculture in the County. APAC consists of five commercial growers, each appointed by a member of the Board. AGRICULTURE POLICY WORKING GROUP (APWG) — The APWG was initiated by the Ventura County Board of Supervisors in April 1997 and included 25 members that represented most cities in the County (including Fillmore), the public, farmers and other interests. The APWG's primary mission was to develop strategies that validated or established a framework for the retention and protection of Ventura County's farmland and the agriculture industry. AREAS OF INTEREST -- Plans adopted by the Ventura Local Agency Formation Commission (LAFCo) which divide the County into major geographic areas reflective of community and planning identity. Within each Area of Interest, there is to be no more than one city (but there will not necessarily be a city in each Area). CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) — Adopted in 1970, CEQA requires a project proponent to identify the significant impacts of public and private actions on the environment and to provide this information to decision-makers and the public. DISCRETIONARY DEVELOPMENT -- Any development proposal, project or permit which requires the exercise of judgment, deliberation or decision on the part of the decision- making authority in the process of approving or disapproving a particular activity. GENERAL PLAN -- A long term plan for the physical development of a city or county and of any land outside its boundaries which in the planning agency's judgment bears relation to its planning needs. The California Government Code requires that each planning agency prepare, and its legislative body adopt, seven mandatory elements of the General Plan (including Open Space and Conservation Elements). An Agriculture Element is optional. GREENBELT -- An area consisting of irrigated agricultural land or other Important Farmlands Inventory (IFI)-designated open space lands as defined in Sections 56064 and 65560 of the Government Code. GUIDELINES FOR ORDERLY DEVELOPMENT (GUIDELINES) — The Guideline's provide that urban development should be located within incorporated cities whenever and wherever practical. All city councils within Ventura County, the Ventura County Board of Supervisors and the Local Agency Formation Commission (LAFCo) have adopted the Guidelines. IMPORTANT FARMLANDS INVENTORY (IFI) — The IFI are maps for California which are compiled from United States Department of Agriculture (USDA) and Natural Resources 3 129 Conservation Service (NRCS) soil surveys and current land use information using eight mapping categories. Ventura County uses five of the eight IFI classifications including Prime Farmland, Farmland of Statewide Importance, Unique Farmland, Farmland of Local Importance and Grazing Land. LOCAL AGENCY FORMATION COMMISSION (LAFCO) — County LAFCo's are State-mandated agencies that are responsible for orderly growth, logical boundaries, efficient services and the preservation of agriculture and open space. LAFCo's are required to guide urban development away from prime farmland and open space unless such actions would not promote planned, orderly and efficient development. MEASURE A — An advisory measure, initiated by the Ventura County Board of Supervisors in 1998, that recommended the County and the ten cities adopt by ordinance the six existing and five proposed Greenbelts, prohibit changes to the external growth boundaries unless approved by the voters and form an Agriculture/Open Space Conservation District. Sixty-eight percent of Ventura County's voters approved the measure. MINISTERIAL DEVELOPMENT -- Any development proposal, project or permit where the decision-making authority merely determines whether there has been conformity with applicable statutes, ordinances or regulations. OPEN SPACE LANDS -- Land or water area that either remains in its natural state or is used for agriculture or is otherwise essentially undeveloped. RIGHT-To-FARM ORDINANCE — Ventura County's Ordinance is intended to protect properly conducted commercial agricultural practices from nuisance lawsuits, require disclosure to persons purchasing real estate in agricultural areas that owners/occupants may experience inconveniences and discomforts associated with agricultural operations and provide for optional mediation of disputes involving agricultural operations. SPHERES OF INFLUENCE -- Plans adopted by a Local Agency Formation Commission (LAFCo) which designates the probable ultimate boundary of a city or special district. ZONING ORDINANCE — The Fillmore Zoning Ordinance is the principal tool in which the Fillmore General Plan and other policies are implemented. The Ordinance establishes building standards (height limits, lot coverage, setbacks, etc.) and allowable land uses (either by right [ministerial uses] or allowed only if certain conditions are met [discretionary uses]). Section 6. GREENBELT DESCRIPTION -- The Fillmore/Piru Greenbelt is comprised of about 72,000 acres of unincorporated County territory, located between the City of Fillmore and the eastern boundary of Ventura County and within the Fillmore and Piru Areas of Interest, and is bounded by the following features and identified in Attachment 1 of this Ordinance: 1. On the west by the eastern boundaries of the Fillmore/Santa Paula Greenbelt and the City of Fillmore's General Plan Study Area; 2. On the north by the Los Padres National Forest boundary; 3. On the east by the Ventura/Los Angeles County boundary; and 4. On the south by the ridgeline of Oak Ridge and the Santa Susana Mountains. 4 130 Excluded from this Greenbelt is all territory within the Fillmore General Plan Study Area as shown on Attachment 2 of this Ordinance as well as territory that is within and adjacent to the Community of Piru as shown on Attachment 3. Section 7. PERMITTED USES -- The Ventura County General Plan and Zoning Ordinance shall control land uses permitted within the Greenbelt. 1. The Greenbelt's General Plan designations include: • Agriculture and Open Space 2. The Greenbelt's Zoning Ordinance designations include: • Agriculture-Exclusive (A-E) and Open Space (O-S) 3. Only land uses that are consistent with the above referenced general plan and zoning ordinance designations, subject to ministerial or discretionary permit conditions, use standards, performance standards and permit findings, will be permitted within the Greenbelt. 4. The primary goal of this Greenbelt is the conservation of agricultural and open space lands within the Greenbelt's boundaries. Land uses that may not be compatible with this goal will receive enhanced review, analysis and treatment and are referenced in Section 15, Subsection B of this Ordinance. 5. The enhanced review, analysis and treatment of the uses listed in Section 15, Subsection B of this Ordinance will apply to all lands located within the Greenbelt's boundary. Section 8. SPHERES OF INFLUENCE (URBAN GROWTH BOUNDARIES) -- The boundaries of the Greenbelt shall be consistent and coterminous with the City of Fillmore Sphere of Influence. The coterminous Greenbelt/Sphere of Influence boundary, consistent with LAFCo's policies and procedures, will establish limits on the extension of urban services and infrastructure. Because the Sphere of Influence represents the probable ultimate boundary of the City of Fillmore, the City's Sphere of Influence shall not extend into the Greenbelt. The City of Fillmore and the County of Ventura will adjust the Greenbelt boundary to reflect any changes the Ventura LAFCo may make to the Fillmore Sphere of Influence, so as to assure consistency. This Ordinance does not establish any regulatory authority over spheres of influence or annexations. Section 9. TIME FRAME AND REVIEW PROCEDURES -- The description, features, terms and conditions of the Greenbelt shall be in effect for an indefinite time period. Beginning October 10, 2010 (and at ten-year intervals thereafter), the Fillmore City Council shall review the features, terms, conditions and the status of all Greenbelt lands. The review will coincide with the ten-year update of the City of Fillmore General Plan and a LAFCO-initiated countywide sphere of influence (urban growth boundary) study. Section 10. ANNUAL REPORT -- Annually, beginning one year after the adoption of this Ordinance, the City of Fillmore Planning Director and the County of Ventura Planning Director will provide status reports to the Fillmore and the Ventura County Planning Commissions, respectively. In addition, status reports will also be provided to the Piru 5 131 Neighborhood Council and the (Santa Clara) Valley Advisory Committee. The status reports will include updates on all Greenbelt lands and any proposed revisions to the Greenbelt Ordinance. Section 11. AMENDMENT PROCEDURES -- Proposals for amending the boundaries or features of the Greenbelt could be initiated by the City of Fillmore or the County of Ventura. Proposed amendments shall be reviewed by a Technical Review Committee (TRC) comprised of representatives from the City of Fillmore and the County of Ventura. After reviewing the proposal, the TRC shall forward a recommendation to the Fillmore City Council and the Board of Supervisors concerning the merits and deficiencies of the proposed Greenbelt amendment. Once effective, any changes to the Greenbelt Ordinance (except changes to match LAFCo-approved sphere of influence revisions and new additions to the Greenbelt) shall require a super-majorlt vote of the City Council of the City of Fillmore. A super-majority vote is defined as a 4/5 h vote of the Fillmore City Council. Section 12. LAFCO ACTION — The City Council of the City of Fillmore requests that the Ventura Local Agency Formation Commission (LAFCO) endorse and certify this Greenbelt Ordinance and continue to act in a manner consistent with the preservation of the aforementioned lands for agricultural and open space purposes. Section 13. PRECEDENCE -- This Greenbelt Ordinance shall supercede all previously adopted Greenbelt resolutions or portions of resolutions in conflict herewith. Section 14. SEVERABILITY -- If any section, subsection, sentence, clause or phrase of this Ordinance is held by a court of competent jurisdiction to be invalid, such decision shall not affect the remaining portions of this Ordinance. The City Council of the City of Fillmore hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid. Section 15. UNIQUE CONSIDERATIONS Subsection A. Additional Goals The City of Fillmore and the County of Ventura recognize that land use decisions should balance many goals, including the provision of housing and urban services as well as the preservation and development of natural resources. To reach a balance among these goals, jurisdictions must consider the specific circumstances of each case. The primary purpose of this Ordinance is to establish that within the boundaries of the Fillmore/Piru Greenbelt, the goals of protection of agricultural land, the maintenance of a healthy agricultural economy and the preservation of open space land shall be of critical importance. In light of these goals, proposed land uses that are potentially incompatible with agriculture shall receive enhanced review, analysis and treatment, up to and including denial, so as to ensure compatibility. The above recognition is based on the Findings set forth in Section 4 of this Ordinance. In addition, it is in conformance with the purpose and goals of the City of Fillmore 6 132 General Plan, the Ventura County General Plan, the Heritage Valley Implementation Plan and the Fillmore Citrus Protective District. The following goals of the City of Fillmore' and the Ventura County General Plans shall be given enhanced consideration when making land use decisions in the Greenbelt: 1. City of Fillmore General Plan a. Preserve viable agriculture and prime agricultural lands as a Greenbelt and buffer outside the City's Sphere of Influence. b. Development shall be compatible with and have minimal adverse impacts upon the environment, agriculture and natural resources. 2. Ventura County General Plan a. Preserve and protect agricultural lands as a non-renewable resource to assure their continued availability for the production of food, fiber, and ornamentals. b. Establish policies and regulations which restrict agricultural land to farming and related uses rather than other development purposes. c. Restrict the introduction of conflicting uses into farming areas. 3. Heritage Valley Implementation Plan In addition to these General Plan goals, the Greenbelt will assist in preserving the agricultural assets of the area in conformance with the goals of the Heritage Valley Implementation Plan. This economic development plan relies upon the pastoral beauty and historical resources of the Santa Clara Valley as the basis for a coordinated effort to market the area as a major tourist attraction. The area's past and present status as a major citrus and avocado growing area is a major component of this Plan. In order to promote the Plan's goals, and protect the resources on which it is based, the goals of preservation of agricultural land and the agricultural economy shall be given enhanced consideration. 4. Fillmore Citrus Protective District The Greenbelt also endorses the efforts of the agricultural industry to reduce dependence on pesticides. The Fillmore Citrus Protective District, a private co-op, works to control agricultural pests through the use of beneficial insects rather than pesticides. For example, land uses which generate dust, impair these efforts not only by providing a habitat for agricultural pests such as mites but by reducing the effectiveness of the beneficial insects. In order to promote this beneficial activity, land uses which would adversely impact this effort will receive enhanced review, analysis and treatment in light of the above goals and these industry efforts. Subsection B. Land Uses of Concern When making land use decisions, the Ventura County Planning Director, the Ventura County Planning Commission and the Board of Supervisors shall give careful consideration to whether the proposed action would consume, for non-agricultural purposes, agricultural land designated Prime, Statewide Importance, Unique or Local The stated goals are from the"Goals, Policies and Implementation Measures"of the City of Fillmore proposed General Plan Update. This Ordinance should be amended as necessary to reflect any changes in these goals and policies after their adoption. 7 133 Importance, or would compromise the viability of adjoining land for agricultural purposes. Specifically, the following uses, which have been determined to be of concern, shall receive enhanced review, analysis and treatment, up to and including denial, in order to ensure their compatibility: 1. Airfields, Landing Pads & Strips, Private 2. Communications Facilities 3. Farm Labor Group Quarters 4. Government Buildings 5. Correctional Institutions 6. Law enforcement Facilities 7. Mineral Resource Development 8. Waste Treatment and Disposal Facilities PASSED AND ADOPTED by the City Council of the City of Fillmore, County of Ventura, State of California, this 10th day of October, 2000, by the following vote: AYES: NOES: ABSENT: Evaristo Barajas, Mayor Fillmore City Council ATTEST: Steve McClary, Assistant City Clerk 8 134 ORDINANCE NO. 1216 AN ORDINANCE IMPLEMENTING AN AGREEMENT BETWEEN THE CITY OF SANTA PAULA, THE CITY OF FILLMORE, AND THE COUNTY OF VENTURA TO PRESERVE UNINCORPORATED COUNTY LANDS LOCATED BETWEEN THE CITY OF FILLMORE AND THE CITY OF SANTA PAULA FOR AGRICULTURAL AND OPEN SPACE PURPOSES ("THE GREENBELT"). (Project No. 2009-CI-03) The Council of the City of Santa Paula does ordain as follows: SECTION 1: The City Council finds and declares that: A. On June 3, 2008, voters adopted Measure G which effectively allowed development within the East Area 1 Specific Plan area ("EA1"). Among other things, EA1 must be annexed to the City before development can commence. B. In accordance with Resolution Nos. 2992 (adopted January 7, 1980) and 5337A (adopted June 7, 1999), the City of Santa Paula agreed with the City of Fillmore and County of Ventura to preserve certain areas between Fillmore and Santa Paula for agricultural and open space purposes (the "Existing Greenbelt"). C. EA1 is located within the Existing Greenbelt. It must be removed from the Existing Greenbelt in order for development and annexation to proceed. D. In accordance with Ordinance No. 1191 (adopted March 17, 2008), which adopts the Preannexation and Development Agreement for EA1 ("EA1 DA"), and other City Council direction, the City filed an application on February 8, 2009, to amend the Greenbelt and General Plan (the "Project"). E. The application was reviewed by City's Planning Department for, in part, for consistency with the General Plan and conformity with the Santa Paula Municipal Code ("SPMC"). F. The City also reviewed the Project's environmental impacts pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 California Code of Regulations §§15000, et seq., the "CEQA Guidelines"), and the City's Environmental Guidelines ("Santa Paula Guidelines"). CEQA, CEQA Guidelines and Santa Paula Guidelines are collectively referred to as "CEQA Regulations." CC ATTACHMENT 7 135 City Council Ordinance No.1216 Page 2 of 9 G. On August 25, 2009, the Planning Commission held a public hearing regarding the Project. Following the public hearing on August 25, 2009, the Planning Commission adopted Resolution No. 3649 which recommended that the City Council, among other things, amend the General Plan and adopt this Ordinance. H. The Planning Commission's recommendation was forwarded to the City Council for action at a public hearing on September 21, 2009. I. The Council considered the information provided by City staff, public testimony, and the Applicant. This Ordinance, and its findings, is adopted based upon the evidence set forth in the entire record including, without limitation, documentary and testimonial evidence; the staff report; and such additional information set forth in the administrative record that is too voluminous to reference. SECTION 2: Greenbelt Findings. The City Council recognizes and reaffirms the following: A. The Greenbelt is worthy of permanent retention in agricultural and open space uses in the Parties' best overall interests; B. The Greenbelt is difficult for either the Parties to serve with sewers, water, fire and municipal services; C. California is losing farmland at a rapid rate and some of Ventura County's most developable land is also its most productive agricultural land; D. Acre-for-acre, Ventura County's agricultural lands are among the most productive in California, nearing three times the production level of the Statewide average; E. Encroaching urban development poses a threat to the continued viability of Ventura County's farmland, especially for parcels located adjacent to urban areas; F. Some urban uses, when located contiguous to farmland, are incompatible with commercial agricultural operations which can lead to additional farmland conversion; G. The Parties are committed to protecting farmland and open space as evidenced by numerous voter approved and other enactments including, without limitation: 1. Enacting the Land Conservation Act (LCA) Program in 1969; 136 City Council Ordinance No.1216 Page 3 of 9 2. Establishing the Agricultural Lands Protection Program (ALPP) in 1982/83; 3. Establishing the Agricultural Land Trust Advisory Committee (ALTAC) in 1991/92; 4. Re-establishing the Agriculture Policy Advisory Committee (APAC) in 1996; 5. Establishing the Agricultural Policy Working Group (APWG) in 1997/98; 6. Adopting the "Right-to-Farm-Ordinance" in 1997; and 7. The 1998 Measure A advisory ballot measure approved by sixty- nine percent of voters urging the County and each of its ten cities to establish growth boundaries preserving farmland, open space and scenic vistas by, among other things, establishing greenbelts by ordinance. H. The loss of agricultural land to urban development is consistently a significant unmitigable impact under the California Environmental Quality Act (CEQA); I. Agriculture represents an important component of the Parties' economies — the loss of farmland to urban development is irreversible and will have a negative impact on the Parties' economies; J. Continuing agricultural operations protects Ventura County's landscape and environmental resources; K. Protecting open space, maintaining the integrity of separate distinct cities and preventing inappropriate urban development from locating between city boundaries represent important 'quality of life' goals; L. Retaining open space lands protects scenic resources and natural habitats and provides opportunities for passive and active recreational activities, parks and trail systems. M. This Ordinance is intended to conform with the purpose and goals of the Fillmore General Plan, the Santa Paula General Plan, and the Ventura County General Plan. SECTION 3: Purpose. This Ordinance is adopted in accordance with, among other things, Measure A and the Ventura County Guidelines for Orderly Development for the 137 City Council Ordinance No.1216 Page 4 of 9 purpose of promoting and preserving agricultural and open space within the unincorporated County lands identified as the "Greenbelt' in this Ordinance. As set forth below, the Greenbelt deserves unique consideration and preservation. SECTION 4: Santa Paula Municipal Code ("SPMC") § 16.01.080(A) is amended to read as follows: "§ 16.01.080 EFFECT OF THIS DEVELOPMENT CODE. A. General application. It is unlawful for any to use any premises except as specifically permitted by and subject to the regulations and conditions of this Code. Except as otherwise provided, wherever this Code prohibits the use of premises for a particular purpose, those premises and any improvements on those premises cannot be used for that purpose, and no structure or improvement may be constructed, altered, or moved onto the premises which is designed, arranged, or intended to be occupied or used for that purpose. Using any building or real property for a purpose prohibited by federal law, state law, or this Code is a misdemeanor." SECTION 5: Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this Ordinance. Words and phrases not defined by this Ordinance have the meaning set forth in the Ventura County General Plan, other applicable law, or the Santa Paula Municipal Code ("SPMC"). A. "Areas of Interest" means those geographical areas established by the Ventura County Local Agency Formation Commission beginning in the late 1960s. Areas of interest divide the south half of Ventura County (the non Forest Service land) into fifteen major geographic planning areas based primarily on topography and community identity. They are areas created by local policy that are not based on any legislative direction or mandate. The basic policies are to have no more than one city in any area of interest and to have areas of interest serve as planning referral lines between the County and cities for discretionary land• use entitlements. Areas of interest are reviewed and updated periodically in conjunction with the Ventura County Guidelines for Orderly Development, as amended, and the County of Ventura General Plan. B. "Agricultural lands" means "prime agricultural land" as defined by Government Code § 56064 and farmland identified by the Important Farmlands Inventory as designated by 7 C.F.R. §§ 657.1, et seq.; C. "Greenbelt' means approximately 31,743 acres of agricultural and open space real property located within unincorporated Ventura County between the City of Fillmore and the City of Santa Paula and within the Fillmore and Santa Paula Areas of Interest, which is more particularly 138 City Council Ordinance No.1216 Page 5 of 9 identified by this Ordinance. D. "Open Space lands" means land meeting the definition set forth in Government Code § 65560(b). E. "Party" or "Parties" means, collectively, the City of Fillmore, City of Santa Paula, and County of Ventura. SECTION 6: Greenbelt Established, Limitations; Amendments. A. Established. A Greenbelt is established as graphically set forth in attached Exhibit 'A," which is incorporated by reference. In general, the Greenbelt's boundaries are as follows: 1. On the westerly boundary be coterminous with the Santa Paula CURB; 2. On the north by the Los Padres National Forest boundary; 3. On the east by the Fillmore City Limits, Sphere of Influence and CURB; and 4. On the south by the ridge line of South Mountain and Oak Ridge. B. Limitation. The Greenbelt boundaries include only those unincorporated Ventura County lands that are located within the Santa Paula and Fillmore Areas of Interest. Future modifications of the Greenbelt's boundaries are not permitted to cross over adjoining Area of Interest boundaries. C. Amendments. 1. The City Council will review the features, terms, conditions and the status of the Greenbelt during the next update to the Santa Paula General Plan and LAFCo urban growth boundary study. 2. Proposals to amend the Greenbelt can be initiated by any Party. Proposed amendments must be reviewed by a Technical Review Committee (TRC) comprised of representatives from the Parties. 3. After reviewing proposed changes, the TRC must forward a recommendation to the Parties' respective governing bodies concerning the merits and deficiencies of the proposed Greenbelt amendment. 4. The City Council may, but is not required to, make changes to the Greenbelt as recommended by the TRC. 139 City Council Ordinance No.1216 Page 6 of 9 SECTION 7: Policies. The following goals and policies of the Fillmore, Santa Paula, and Ventura County General Plans must be given greater scrutiny when making land use decisions in the Greenbelt: A. Santa Paula General Plan 1. Preserve viable agriculture and prime agricultural lands as a greenbelt and buffer around the City. B. Fillmore General Plan 1. Preserve viable agriculture and prime agricultural lands as a Greenbelt and buffer outside the City's Sphere of Influence. 2. Development must be compatible with and have minimal adverse impacts upon the environment, agriculture and natural resources. C. Ventura County General Plan 1. Preserve and protect agricultural lands as a non-renewable resource to assure their continued availability for the production of food, fiber, and ornamentals. 2. Establish policies and regulations which restrict agricultural land to farming and related uses rather than other development purposes. 3. Restrict the introduction of conflicting uses into farming areas. D. Land Uses of Concern. When making land use decisions, the Ventura County Planning Director, the Ventura County Planning Commission and the Board of Supervisors must give careful consideration to whether the proposed action would consume, for non-agricultural purposes, agricultural land designated Prime, Statewide Importance, Unique or Local Importance, or would compromise the viability of adjoining land for agricultural purposes. Specifically, the following uses, which are determined to be of concern, must receive greater scrutiny, analysis and treatment, up to and including denial, in order to ensure their compatibility: 1. Private and public airfields, landing pads, and air strips; 2. Communications Facilities; 3. Farm Labor Group Quarters; 4. Government Buildings; 140 City Council Ordinance No.1216 Page 7 of 9 5. Correctional Institutions; 6. Law enforcement Facilities; 7. Mineral Resource Development; 8. Waste Treatment and Disposal Facilities; and 9. Recreational Opportunities. E. The Greenbelt should retain its agricultural and open space uses. The Parties agree to implement a policy of non-urban development, non- annexation and the retention of agricultural and open space uses within the Greenbelt. F. The Ventura County General Plan and applicable Zoning Ordinance controls land uses permitted within the Greenbelt. 1. The Greenbelt's General Plan designations include: Agriculture and Open Space. 2. The Greenbelt's Zoning Ordinance designations include: Agriculture-Exclusive (A-E) and Open Space (O-S) 3. Only land uses that are consistent with the above referenced general plan and zoning ordinance designations, subject to ministerial or discretionary permit conditions, use standards, performance standards and permit findings, are permitted within the Greenbelt. G. Land uses which may conflict with agricultural production will receive greater scrutiny, analysis and treatment, up to and including denial, in order to ensure compatibility with the Greenbelt. H. This Ordinance does not establish any regulatory authority over spheres of influence or annexations. SECTION 8: LAFCo Action. The Santa Paula City Council requests that the Ventura Local Agency Formation Commission (LAFCo) endorse and certify this Greenbelt Ordinance and continue utilize it to protect the Greenbelt. SECTION 9: Authorization. The City Council authorizes the City Manager, or designee, to take all appropriate action to implement this Ordinance. Further, the City Manager, or designee, is authorized to make technical corrections, in a form approved by the City Attorney, to maps, diagrams, tables, and other, similar, documents (collectively, "Maps") 141 City Council Ordinance No.9216 Page 8 of 9 that may be required to reconcile the changes made by this Ordinance with amendments made to the Maps by other City Council action in unrelated land use applications between 2005 and 2009. SECTION 10: CEQA Review. This Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines") because it consists only of minor revisions and clarifications to an existing land use policy and specification of procedures related thereto and does not have the effect of deleting or substantially changing any regulatory standards or findings required. The Ordinance, therefore, does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §§ 15061(b)(3) as CEQA only applies to projects that have the potential to cause a significant effect on the environment; 15301 as a minor alteration of existing public or private structures involving negligible expansion of use; and 15305 as a minor alteration in land use limitations which do not result in any changes in land use or density. SECTION 11: Supersession. This Ordinance supersedes all previous resolutions establishing greenbelts. Accordingly, those resolutions are rendered moot upon adoption of this Ordinance and are, subject to the provisions of this Ordinance, accordingly repealed. SECTION 12: Reliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. The findings and determinations constitute the independent findings and determinations of the City Council in all aspects and are fully and completely supported by substantial evidence in the record as a whole. SECTION 13: Preservation. Repeal or amendment of any previous Greenbelt regulations does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 14: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications, and to this end the provisions of this Ordinance are severable. SECTION 15: Notice. The City Clerk is directed to certify the passage and adoption of the Ordinance, make a note of the passage and adoption in the records of this meeting, and within fifteen days after the passage and adoption of this Ordinance cause it to be published and posted in accordance with California law. 142 City Council Ordinance No.1216 Page 9 of 9 SECTION 16: Effectiveness. This Ordinance will become effective on the 31st day following its passage and adoption. PASSED AND ADOPTED this day of 2009. Ralph J. Fernandez, Mayor ATTEST: Judy Rice, City Clerk APPROVED AS TO FORM: Karl H. Berger, City Attorney APPROVED AS TO CONTENT: Clifford G. Finley, Interim City Manager 143