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HomeMy WebLinkAboutAGENDA REPORT 1995 1101 CC REG ITEM 09CITEM Cis-4 0 - I S A G E N D A R E P O R T C I T OF M 0 0 R P A R K TO: Honorable City Council ^y FROM: Jaime Aguilera, Director of Community Development Deborah S Traffenstedt, Senior Planner - DATE: October 24, 1995 (CC Meeting of 11 -1 -95) SUBJECT: CONSIDER ADOPTION AND FIRST READING OF AN ORDINANCE AMENDING MEASURE F TO EXTEND THE TERMINATION DATE TO DECEMBER 31, 1996, AND TO PROVIDE FOR ADDITIONAL ANNUAL RESIDENTIAL DEVELOPMENT ALLOTMENTS FOR THE EXTENDED TIME PERIOD Background At the City Council's meeting on September 27, 1995, the Council directed staff to prepare an ordinance to temporarily extend Measure F. The intent was to allow a subsequent growth management system to be adopted prior to expiration of Measure F. Due to the short time frame for adoption, the Planning Commission is scheduled to hold a public hearing on October 30, 1995, and adopt a recommendation resolution at that same meeting. The City Council will be provided a copy of the Planning Commission's resolution at the November 1 Council meeting. Discussion A draft ordinance to amend Measure F is attached and has been reviewed by the City Attorney. Measure F, as previously amended by Ordinance 103, is also attached for your information. A one -year extension of Measure F is proposed, based on prior discussion at the Council's September 27 meeting. The City Attorney has advised that Measure F would have to be amended to allow for allocations after December 31, 1994, "otherwise the extension would be a de facto moratorium on development through December 31, 1996." Staff has, therefore, included a provision for additional annual residential development allotments for the extended time period. The number of allotments proposed by staff for 1995 and 1996 is 270 a year, the same as for years 1989 through 1994. The surplus allotments from prior years would continue to carry over. In June 1994 there were 1,341 surplus allotments. If under the proposed ordinance, 270 allotments are added for 1995, the total would be 1,611 at the end of this year, with an additional 270 available in 1996. - 0 S �,f, I t. -1k : ij -.:s c_d Honorable City Council October 24, 1995 Page 2 Based on the large surplus of unused allotments, and the exemptions, which include low income and senior housing projects, the extension of Measure F would not reduce the housing opportunities of the region. Section 1 of the proposed ordinance is a finding that the proposal is exempt from CEQA. Section 2 addresses consistency with the General Plan Land Use and Housing Elements and consistency with the intent of Measure F. Recommendation Adopt an ordinance amending Measure F, introduce the ordinance for first reading, and waive full reading. Attachments: 1. Draft Ordinance 2. Combined Measure F /Ordinance 103 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING MEASURE F, AN ORDINANCE ESTABLISHING A RESIDENTIAL DEVELOPMENT MANAGEMENT SYSTEM, RELATIVE TO EXTENSION OF THE TERMINATION DATE TO DECEMBER 31, 1996, AND PROVIDING FOR ADDITIONAL ANNUAL RESIDENTIAL DEVELOPMENT ALLOTMENTS FOR THE EXTENDED TIME PERIOD WHEREAS, Measure F was adopted by the voters on November 4, 1986, as an initiative ordinance, and was amended by City Council Ordinance No. 103 on November 16, 1988; and WHEREAS, Section 10.00, entitled "Modification ", of Measure F expressly provides that "The City Council may, after a public hearing, by a four - fifths vote, change any part of this Residential Development Management System by amendment, providing the amendment is consistent with the intent of this ordinance "; and WHEREAS, an amendment of Measure F to extend the termination date for the Residential Development Management System to December 31, 1996, and provide additional residential development allotments for the extended time period is justified, in order to accomplish the purpose of Measure F and ensure that an adequate growth management system is in place prior to termination of Measure F; and WHEREAS, at a noticed public hearing on October 30, 1995, the Planning Commission considered the proposed amendment to Measure F, reached its decision, and adopted a resolution recommending City Council approval of the proposed ordinance amending Measure F; NOW, THEREFORE, the City Council of the City of Moorpark does ordain as follows: Section 1. The proposed ordinance amending Measure F is exempt from the California Environmental Quality Act based on Sections 15061(b(3) and 15308 of the State California Environmental Quality Act Guidelines. Section 2. The findings in Section 10.01 of Measure F and the following findings justify the adoption of this ordinance, extending the City's Residential Development Management System, in order to protect the public health, safety and welfare: A. Measure F and the herein amendments are consistent with goal, policy, and implementation language in the City's Geng-ral Plan -- Land Use Element, which include but are not limited to the - following: Attain a balanced City growth pattern which includes a full mix of land uses; New development and It S111- ,-p Ordinance No. Page 2 redevelopment shall be orderly with respect to location, timing, and density /intensity, consistent with the provision of local public services and facilities, and compatible with the overall suburban rural community character; New residential development shall be consistent with City- adopted growth ordinance policies; New development and redevelopment shall be coordinated so that the existing and planned capacity of public facilities and services shall not be adversely impacted; A comprehensive planning approach for undeveloped areas of the community shall be followed, to prevent disjointed, incremental expansion of development; and Utilize the City's adopted growth management ordinance in order to achieve a steady rate of residential growth while providing for adequate public services and facilities. B. The City Council has taken into consideration the City's obligation to make adequate provision for its share of the regional housing need, consistent with the City's adopted General Plan Housing Element. The City Council has concluded that there is no potential that a one -year extension of Measure F would reduce the housing opportunities of the region for the following reasons: Section 10.02 of Measure F provides for exemptions from the development management system, including dwelling units of low income or senior citizen projects; and there is a large surplus of carry -over allotments totaling 1,341 as of January 1, 1995, and this ordinance will additionally make available for award 270 allotments for calendar year 1995 and 270 allotments for calendar year 1996. C. As required by Section 10.00, entitled "Modification ", of Measure F, this amendment has been determined by the City Council to be consistent with the intent of Measure F to provide a system of residential development management. Section 3. Measure F is amended by revising Section 10.01.G., in its entirety to read as follows: "G. In order to accomplish the above purposes, the city must be able to control the rate, distribution, quality and economic level of proposed development on a year -to -year basis. To this end, the following Residential Development Management System of the City of Moorpark shall be in effect from and after its effective date until December 31, 1996." Section 4. Measure F is amended by revising Section 10.04, entitled "Establishment of Annual Residential Development Allotments", in its entirety to read as follows: f , 1 _ . •il ;1 Ordinance No. Page 3 "Sec. 10.04 Establishment of Annual Residential Development Allotments. In addition to any residential development allotments carried over from previous years, the number of residential development allotments available for award each year in the City of Moorpark, except for dwelling units exempted pursuant to the provisions of Section 10.02 or pursuant to a final court order, shall be as follows: A. Calendar year 1986, no allotments for any dwelling units; B. Calendar years 1987 and 1988, allotments for 250 dwelling units; and C. Calendar year 1989 and all years thereafter through December 31, 1996, allotments for 270 dwelling units. Any allotments that are available for award in any calendar year but which are not awarded in that year for any reason whatsoever shall be carried over to each ensuing calendar year until awarded and such allotments shall be in addition to the allotments that are otherwise available per calendar year pursuant to this section. The annual allotment shall be continuously applicable to the City's jurisdictional boundaries and shall not be modified by reason of annexation or additional territory." Section 5. 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 6.. This Ordinance shall become effective thirty (30) days after its passage and adoption. Section 7. The City Clerk shall certify to the passage and adoption of this ordinance by not less than a four - fifths vote; shall enter the same in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in Ordinance No. Page 4 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 once in the Moorpark Star, a daily newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this day of ATTEST: Lillian E. Hare City Clerk 1995. Mayor of the City of Moorpark, California 01 s� CITY OF MOORPARK MEASURE F (Facsimile of Measure F as Amended - Not an Official Reproduction) 1� ill i 6•11 / M 111 11 •' 111 I• I !!11 111 11 • rl • :•••.. -� THE PEOPLE OF THE CITY OF MJORPARK DO ORDAIN AS FOLLOWS: SECTION 1 SEC. 10.01 Findings: The people of the City of Moorpark hereby find and declare as follows: A. The City of Moorpark has adopted a General Plan and city ordinances relating to the regulation of residential development. B. The City of Moorpark is experiencing a period of intense residential development which is adversely affecting the capacity of the streets and local freeway system to meet traffic demands, the capacity of appropriate schools to absorb children, the semi -rural character of the cmrunity, the quality of life prevalent in the City of Moorpark and its sphere of influence, and the cost to households of some utilities and municipal services. C. It is the intent of the People of the City of Moorpark to achieve a steady, rather than a fluctuating, overly rapid, rate of residential growth each year in order that the services provided by City, School, Park, utility and/or service agencies operating in the City can be properly and effectively staged in a manner which will not overextend existing facilities, and in order that deficient services My be brought up to required and necessary standards while minimizing, by means of long range planning, the avoidable costs of short sighted facility expansion. D. It is the intent of the People of the City of Moorpark to establish control over the quality, distribution, and rate of growth of the City in order to: • Preserve the semi -rural character of the city; • Protect the agricultural land and open space of the City; • Provide a suitable living environment for all citizens of the - -- City; Measure F Page -2- • Ensure the adequacy of municipal school, utility, recreation and park facilities and services; • Facilitate a balance of housing types and values in the City that will accommodate the housing needs of all economic segments including families of low and moderate income, and older families on limited and/or fixed incomes; • Ensure the balanced development of the City; • Prevent further significant deterioration in the local air quality; • Ensure that the traffic demands do not exceed the capacity of streets that are in character with the City's semi -rural nature; • Ensure that the City does not grow in a pattern that places a severe strain on the local freeway system; • Ensure the adequacy of fire protection; and • Ensure adequate water and sanitary sewer systems. E. The people of the City of Moorpark have considered the effect of this ordinance on the housing needs of the region in which it is situated and have balanced those needs against the public service needs of its residents and available fiscal and environmental resources. It is hereby found and determined that this ordinance will not reduce the housing opportunities of the region and this ordinance is compatible with the state housing goal and regional housing needs. It is further found and deter Mined that, to the extent this ordinance may be determined to reduce the housing Opportunities of the region, the findings contained herein as to the Public health, safety and welfare of the city to be promoted by the adoption of this ordinance, justify any such reduction in the housing opportunities of the region. F. It is the purpose of this ordinance to augment the policies of the City of Moorpark as recorded in the General Plan and City Qrdinances relating to the regulation of residential development; and G. In order to accomplish the above purposes, the city must be able to control the rate, distribution, quality and economic level of Proposed development on a year -to -year basis. To this end the following Residential Development Management System for the City of Moorpark shall be in effect from and after its effective date until December 31, 1995. Measure F Page -3- Sec. 10.02 Applicability of the Development Management System. The provisions of the Residential Development Management System shall apply fran the effective date to all residential development including mobile homes in the City of Moorpark with the exception of the following: A. Projects of not more than four residential dwellings, limited to only one such project per developer per calendar year. B. Fourplexes or lesser numbered multiple dwellings on a single existing lot. C. Single family residential units on a single existing lot. D. Rehabilitation or remodeling of an existing dwelling or conversion of apartments to condominiums so long as no additional duelling units are created. E. Dwelling units of any low incerme or senior citizen projects funded or subsidized pursuant to the provisions of applicable federal state or local laws or programs. F. Projects of residential dwellings with a minimim, lot size of five acres per dwelling. Sec. 10.03 Establishment of Residential Development Evaluation Board. In order to administer the system set forth herein, and especially to make the valuations set forth in Section 10.06 below, a Residential Development Evaluation Board (here after called the Board) is hereby established, consisting of the duly appointed members of the Planning Commission of the City of Moorpark. The procedures and by -laws of the Board shall be developed by the Board subject to the approval of the City Council of Moorpark (hereinafter called the City Council) . The Planning Department of the City of Moorpark shall serve as the staff of the Board. Sec. 10.04 Establishment of Annual Residential Development Allotments. In addition to any residential development allotments carried over from previous years, the number of residential development allotments available for award each year in the City of Moorpark, except for dwelling units exempted pursuant to the provisions of Section 10.02 or pursuant to a final court order, shall be as follows: A. Calendar year 1986, no allotments for any dwelling units; B. Calendar years 1987 and 1988, allotments for 250 dwelling units; and C. Calendar year 1989 and all years thereafter through December 31, 1994, allotments for 270 dwelling units. Measure F Page -4- Any allotments that are available for award an any calendar year but which are not awarded in that year for any reason whatsoever shall be carried over to each ensuing calendar year until awarded and such allotments shall be in addition to the allotments that are otherwise available per calendar year pursuant to this section. The annual allotment shall be continuously applicable to the city's jurisdictional boundaries and shall not be modified by reason of annexation or additional territory. Sec. 10.05 Development Allotment Application. No building permit for a residential dwelling unit which is not exempt pursuant to Section 10.02 or pursuant to a final court order shall be issued unless a residential development allotment for the unit has been awarded; provided, however, that such building permits shall not be issued in excess of 500 per calendar year. If any of the 500 building permits which are available for issuance in any calendar year are not issued in that year, they shall not be carried over to any ensuing calendar year. At any time prior to obtaining a building permit for a non-exempt residential dwelling unit, the developer shall apply for a development allotment as set forth herein. The approval of all tentative subdivision maps shall be conditioned to ccmply with the provisions of this Residential Development Management System. Sec. 10.06 Development Allocation Evaluation. The Board shall consider annually all applications properly submitted and shall make reccmmendations to the city council based on the criteria set forth below: A. Availability of Public Facilities and Services. The Board shall examine each application for its relations to, or impact upon local public facilities and services, and shall rate each development by the assignment of from zero to ten points ( zero indicating 'very poor, "ten indicating "excellent ") on each of the following attributes: 1. The capacity of the water system to provide for the needs of the proposed development without system extensions beyond those normally installed by the developer. 2. The capacity of the sanitary sewers to dispose of the wastes of the proposed development without system extensions beyond those normally installed by the developer. 3. The capacity of the drainage facilities to adequately dispose of the surface runoff of the proposed development without system extensions beyond those normally installed by the developer. Measure F Page -5- 4. The ability of the fire department to provide fire protection according to the established response standards of the City without the necessity of establishing a new station or requiring addition of major equiprent or housing facilities to an existing station. 5. The capacity of the appropriate school to absorb the children expected to inhabit a proposed development without necessitating or adding to double sessions or other unusual scheduling or classroom overcrowding. 6. The capacity of major street linkage to provide for the need of the proposed development without substantially altering existing traffic patterns or overloading the existing street system, and the availability of other public facilities (such as parks, playgrounds, etc.) to meed the additional demands for vital public services without extension of services beyond those provided by the developer. 7. The capacity of Highway 118 and 23 within the city limits to provide for the traffic needs generated by the proposed development without substantially altering the level of service, including Freeway access. 8. Developments which have received Tentative Tract Map approval from the City of Moorpark prior to the effective date of this Residential Development Management System shall receive for each calendar year after 1984 an additional ten points. B. Quality of Design and Contribution of Public welfare and Amenity. The Board shall examine each application which has not been withdrawn by the applicant for failure to meet criteria A, and shall rate each development by the assignment of from zero to ten points (zero indicating "very poor, "ten indicating "excellent ") on each of the following attributes: 1. Site and architectural design quality which may be indicated by the harmony of the proposed buildings in terms of size, height, color and location with existing neighboring development. 2. The amount and character of open -space and slope landscaping. 3. Site and architectural design quality which may be indicated by the arrangement of the site for efficiency of circulation, on and off site traffic safety, privacy, etc. 4. The provision of public and/or private usable open space. U, Measure F Page -6- 5. Contributions to and extensions of existing systems of foot or bicycle paths, equestrian trails and facilities and/or greenbelts. 6. The provision of the needed public facilities such as critical linkages in the major street system, school rooms, functional parks, or other vital public facilities. 7. site and architectural design quality which may be indicated by the amount and character of modification of the topography, including quantity of grading, extent of natural slopes cut and/or filled and impact on ridgeline. 8. Absence of deleterious impact on trees and archeological sites. 9. The provision of significant water conservation features. 10. The provision of energy generation and conservation features such as additional insulation, house siteing and design, solar techniques and other innovative techniques. 11. Absence of deleterious impact on the physical and /or aesthetic environment. 12. Design and features which contribute significantly to the economic feasibility of producing housing at the lowest possible cost given economic and environmental factors, the public health and safety, and the need to facilitate the development of housing for persons of low or moderate income. C. After having studied each application in accordance with parts A and B, in regard to each of these criteria, or so many of therm as may be applicable, and having assigned evaluation points on a scale of zero to ten in accordance with their finding, the Board shall prepare two lists, one documenting points awarded from part A and the other from part B, arranging the developments in each list in order from that receiving the greatest total number of evaluation points to that receiving the lowest number. In addition to listing the number of actual points awarded in each subcategory of both parts, each part will be totaled and the total shall then be expressed as a percentage of the maximum number of points awardable. The maximum number of points awardable shall not include those elements of the criteria found to be not applicable. D. Having evaluated each development in accordance with the foregoing criteria, the Board shall publish in appropriate ways the rating given to each development.on each of those criteria., The Board _ -- shall then schedule a public hearing to.be held within 15 days of - classification of any point assignments made by the Board. Measure F Page -7- 1. Any applicant may request the Board, at said public hearing, to re- evaluate the point assignment made on any or all of the criterion. The primary criteria for the Board to alter their point assignment on a particular development is demonstration by the applicant that there exists pertinent information or a project redesign which the Board was not aware of at the time of the original evaluation. 2. Any applicant who is dissatisfied with the Board's re- evaluation may submit written notification of such dissent, which will be furnished to the City Council prior to the awarding of Development Allotments. E. Having evaluated each development and clarified all point assignments to the applicants, the Board shall present their lists of evaluations, along with the decisions reached on any appeals, to the City Council for the awarding of Development Allotments. F. The schedule for the submission and consideration of applications shall be established by the City Council. G. The criteria set forth in this section 10.06 are for the purpose of addressing the findings, intent and purpose of this ordinance as set forth in section 10.01 and are not to be construed or used for the purpose of rendering infeasible the development of housing for all economic segments of the co ru ity. Sec. 10.07 Development Allotment Awards. A. The City Council shall consider, at a public hearing, the recommendations and rankings of the proposed developments on each of the above described two lists, along with any action taken by the Board concerning appealed decisions, and shall compile one list ranking each of the proposed developments, and shall award development allotments from that list. 1. Development Program Allotment. The number of dwelling units for which Development Allotments shall be issued shall not exceed the allotments established in accordance with Section 10.04 herein. 2. Allocation Limitation. No single developer shall, in any one year, be issued a development allotment for dwelling units in excess of a number to be established by resolution of the City Council. 3. Minimum Point Requ=ePents. The City Council shall eliminate from consideration any development which has not been assigned a minimum, of 49 percentage points under Section 10. 06, subparagraph A, herein, or a minimum of 70 percentage points under Section 10.06, subparagraph'B. If in a given year the highest ranking development does not at least meet both of the minimum point requirements, the City Council shall make no Development Allotment for that year. Measure F Page -8- B. The City Council shall make the annual Development Allotments at a tithe to be selected by the City Council. C. An application may be amended upon submittal of an additional application made in the same manner as the original application. In addition, the application for an amendment shall set forth the reasons for requesting the amendment. 1. The City Council shall review such an amendment application in the same manner as an original application and may grant the amendment as requested, modify the amendment, or deny the amendment. 2. An amendment or modification may be granted only if the City Council after reviewing the proposed development in relation to the criteria set forth in Section 10.06 subparagraphs A and B shall find that the modified development has earned as many or more evaluation points than the original development for which the Development Allotment was issued. D. Should a developer fail to initiate construction within twenty -four months after award of the Development Allotment, the City Council after a hearing may by majority vote, rescind all or part of the Development Allotment. Sec. 10.08 Additional Regulations. Should the arrangement of projects as provided in Section 10.07 subparagraph A produce the situation in which two projects have equal evaluation point scores, but only one project can be permitted with the quota, the City Council may offer those applicants a pro rata share of the number of units available with the quota, or may dispose of such a tie in any other manner deemed equitable by the City Council. Sec. 10.09 Judicial Review. Any legal action to challenge any decision or denial of the Board or any other governmental body performing a function under this ordinance must be filed in a court of competent jurisdiction within thirty days immediately following the action challenged. Sec. 10.00 Modification. The City Council may, after a public hearing, by a four -fifth vote, change any part of this Residential Development Management System by amendment, providing the amendment is consistent with the intent of this ordinance. SECTION 2. SEVERABILITY. If any provision of this ordinance, or the application thereof to any person or circumstance is held invalid by a court of ccopetent jurisdiction the validity of the remainder of this ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby. SECTION 3. EFFECTIVE DATE. This Residential Development Management system shall be considered as adopted upon the date* that the vote is certified -by the City Clerk, and shall go into effect immediately thereafter.