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Home My WebLink AboutAGENDA REPORT 1997 0723 CC SPC ITEM 03CAGENDA REI ORT CITY OF MOORPARK ITEM 3 . C 0 CrfY OF MOORPAR& CALIFORNIA City Council Meeting _ 199 of �1 ACTION: , By.. 1 �� TO: The Honorable City Council FROM: Nelson Miller, Director of Community Development!.�� DATE: June 30,1997 (CC Meeting of 7- 23 -97) SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE EXTENDING ORDINANCE NO. 229, AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTED AS AN URGENCY MEASURE, IMPOSING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR NEW LAND USES FOR PROPERTIES ON THE SOUTH SIDE OF LOS ANGELES AVENUE AND EAST SIDE OF SPRING ROAD EAST OF AND ADJACENT TO THE PROPOSED DOWNTOWN SPECIFIC PLAN On April 2, 1997, the City Council adopted Ordinance No. 229 an Interim Ordinance as an urgency measure, extending the moratorium initially established by Ordinance No. 224, which was adopted on February 19, 1997. This is pursuant to Sections 65858 and 36937 of the Government Code which sets forth the requirements for adoption and extensions of interim zoning ordinances as an urgency measure. Any extension also requires a four -fifths vote for adoption. This staff report also fulfills the requirement for the issuance of a written report ten days prior to the expiration of Ordinance No. 229. A draft interim ordinance is attached (Attachment 1), and the reasons why adoption of the ordinance as an urgency measure is proposed are discussed below. At the meeting of April 2, 1997, it was determined to continue the moratorium only on the four parcels shown in Attachment 2. It was also determined to extend the moratorium to August 8, 1997. Only one additional extension, a maximum of one year is allowed. The Draft Downtown Specific Plan has been completed, including a secondary planning area, which addresses the parcels covered by the moratorium. The Draft Downtown Specific Plan has been released for public review and comment and a public hearing is scheduled for the Planning Commission meeting of August 11, 1997. Following public comments and review of the comments from the Citizens Advisory Committee, the Planning Commission will make recommendations to the City Council. Extension of Ordinance No. 224 July 23, 1997 Page 2 The Draft Downtown Specific Plan identifies appropriate land uses, zoning, parking and other issues. As part of a secondary study, review of the parcels involved in the moratorium is integral to the vitality of the downtown. Proximity to the downtown core will aid in the viability of the downtown necessary for its success. These parcels become part of that future success. The sites (three parcels on Spring and Flinn Avenues and one parcel on Los Angeles Avenue) are either vacant or underutilized. Several policies within the City's General Plan specifically identify the downtown as an important component to the future of Moorpark. Furthering the goals and purpose of the Downtown Specific Plan revitalizes the district and forms a more cohesive downtown. The Downtown Specific Plan is an opportunity to plan for appropriate land uses. Over time the eclectic land uses in the downtown would develop to the various businesses identified in the Specific Plan. The development potential of all four (4) parcels would contribute to the vision of downtown revitalization and would establish development standards consistent with goals and policies for the Downtown area. Adopt an Urgency Ordinance extending interim Ordinance No. 224 Attachments: 1. Draft Interim Zoning Ordinance 2. Map of parcels affected by the Interim Zoning Ordinance /1, $ ORDINANCE NO. I- AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTED AS AN URGENCY MEASURE, EXTENDING ORDINANCE NO. 229, IMPOSING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR NEW LAND USES FOR PROPERTIES ON THE SOUTH SIDE OF LOS ANGELES AVENUE AND EAST SIDE OF SPRING ROAD, EAST OF AND ADJACENT TO THE PROPOSED DOWNTOWN SPECIFIC PLAN AREA FOR A PERIOD OF ONE YEAR THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and declares that the City is presently in the process of developing a Specific Plan for the Downtown area and that period of time that the Ordinance No. 229 has been in effect consideration should be given to inclusion of certain properties that are east of and adjacent to the boundaries of the proposed Downtown Specific Plan Area, given that said parcels are the major undeveloped or under developed land in the core area of the City not presently within the proposed Specific Plan Area and the purpose of the Downtown Specific Plan is to promote a comprehensive development scheme for the City's core area. SECTION 2. The City Council has directed the Community Development Department to amend the boundaries of the Specific Plan area to include three vacant parcels (8+ acres) located on the northeast corner of Spring Road and Flinn Avenue and one (1) parcel located on Los Angeles Avenue, north of the railroad track currently used as a construction yard and assorted ancillary uses and to study the land use and zoning designations for said parcels as part of the process of development a Specific plan for the Downtown Area. In connection with said study, the City Council contemplates consideration of adoption of the Downtown Specific Plan within a reasonable time. Development or redevelopment of said parcels in a manner inconsistent with the Downtown Specific Plan will jeopardize the economic viability of the Downtown Area and a Downtown Area that is not economically viable will have a detrimental effect on the ability of the City to finance governmental services. SECTION 3. For the period of time that this ordinance is in full force and effect, no application shall be accepted or approved for new land uses on the affected parcels(Assessors parcel numbers 512 -0 -171 -215, 512 -0 -171 -205, 512 -0- 171 -185, 512 -0- 160 -585) pursuant to Title 17 of the Moorpark Municipal Code. SECTION 4. Pursuant to Government Code Sections 36937 and 65858, the City Council hereby finds and declares this Ordinance to be an urgency ordinance, requiring the immediate enactment thereof, because there is a current and immediate threat to the public health, safety or welfare of the City and its citizens and the processing, approval and issuance of additional permits pursuant to Title 17, Zoning, of the Moorpark Municipal Code would result in that threat to public health, safety or welfare. The facts constituting such urgency and threat are as set forth in Sections 1 and 2 of this Ordinance. Ordinance No. 224 Downtown Specific Plan Page 2 SECTION 5. This Ordinance shall be effective immediately upon its adoption, and shall expire and be of no further force and effect as of August 8, 1998. SECTION 6. 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 section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published 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 by not less than a four -fifths vote of the City Council this 23rd day of July, 1997. Patrick Hunter, Mayor ATTEST: Lillian E. Hare, City Clerk cr LOS F ST. ii FTT ST. HWY. 118 512-0-160-585 F I T H AVE. 512-0-171-185 L cr- z - -- --- - < 0: >— cr- AVE.' < FLINN �VE. 512-0-171-205 RO E Tj 512-0-171-215 L-L .V n r— -- ,'r ` v cl- L ATTACHMENT 2 From: Eloise Brown Fax: 8055295598 Voice: 8055295598 To: City hall Page 1 of 2 Wednesday, July 23,1997 10:06:20 AM el Resolution 97 -1 A RESOLUTION OF APPLICATION BY THE MOORPARK MOSQUITO ABATEMENT DISTRICT REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE DISSOLUTION OF THE MOORPARK MOSQUITO ABATEMENT DISTRICT RESOLVED, by the Board of Trustees of the Moorpark Mosquito Abatement District WHEREAS, the Moorpark Mosquito Abatement District desires to initiate proceedings pursuant to the Cortese -Knox Local Government Reorganization Act of 1985, commencing with Section 56000 of the California Government Code, for the dissolution of the Moorpark Mosquito Abatement District. WHEREAS, notice of intent to adopt this resolution of application has been given to each interested and subject agency and WHEREAS, the territory of the district proposed to be dissolved is inhabited and a description of the boundaries of the territory is set forth in Exhibit A, attached hereto and by this reference incorporated herein, and WHEREAS, this proposal is consistent with the sphere of influence of the affected city and district, and WHEREAS, the reasons for the dissolution are as follows 1. The City can provide the same or greater services at less cost to that part of the District within City Boundaries, and the County can do the same for that part of the District in the unincorporated territory. 2. The territory of the District has been substantially encompassed by the formation of the City and makes the governance of the District by an appointed Board of Trustees redundant and less responsive to the needs of the residents than an elected governing body, and 3. Those residents of the city, whose tax monies provide the major part of funding, do not have the opportunity to select, by the normal election process, the governing body of the district, and 4.. Those businesses which, originally, justified the creation of the District no longer exist within the City, and WHEREAS, this Board certifies that the proposed dissolution of the Moorpark Mosquito Abatement District is categorically exempt from the State of California Environmental Quality Act WWO A) nnrminnt to ('ntannrinnI I;vomntInn (In no ?n Chnnnon in Ornnnl7ntlnn of I nnnl JUL 23 19? 10:09 pan por_G M1 From: Eloise Brown Fax: 8055295598 Voice; 8055295598 To: City hall Page 2 of 2 Wednesday, July 23,1997 10:07:29 AM IT IS FURTHER RESOLVED, that the Local Agency Formation Commission is hereby requested to exercise it's discretion under Government Code Section 56839.1 and authorize the conducting authority for this proposal to order a dissolution. Passed and adopted by the Board of Trustees of the Moorpark Mosquito Abatement District at a meeting thereof, held on the clay of ,1997 James Hartley, President ATTEST Executive Secretary 3111 p� ' q7 1 p: Rq POn DO= a^)