(a)
The
City has heretofore adopted a General Plan, specific plans and its
official zoning ordinance, all of which regulate all uses of property
in the City, including those properties which are residentially zoned.
(b)
For
many years, the City experienced intense rapid fluctuating residential
development which adversely affected:
(1)
Local air quality;
(2)
The capacity of the streets and local freeway system to meet traffic
demands;
(3)
The capacity of schools to provide proper uncrowded facilities for
the education of children;
(4)
The semi-rural character of the community;
(5)
The quality of life prevalent in the City;
(6)
The cost to residents of public services;
(7)
The availability of adequate infrastructure, including, without limitation,
water, sewer and utilities;
(8)
The natural environment; and
(9)
Public health.
(c)
The
City is located in a non-attainment area of the County for ozone and
particulates and continues to experience days when its air contains
contaminants which violate State and Federal clean air standards.
(d)
In 1979, the Former Plan was approved by the City Council of the City having the effect of enacting Chapter 6 of Title 10 of the Ojai Municipal Code. The Former Plan was intended to provide a steady annual residential growth rather than a fluctuating overly rapid rate of growth, in order that services provided by the City, the schools, the public utilities and other service agencies could be properly managed so as to avoid overextending those facilities and in order to meet the requirements of the Federal Clean Air Act of 1977.
(e)
The
Former Plan has achieved with some measure of success the purposes
as described therein in that the Former Plan permitted a steady rate
of residential growth within the City while at the same time established
a method by which the City's share of regional housing stock was provided
and the number of days that the City's air has exceeded State and
Federal air quality standards declined.
(f)
The
Former Plan expired by its own terms on March 27, 2000. The City Council
has heretofore directed the City staff and its Planning Commission
to study the question of whether a need exists to continue the type
of regulation included in the Former Plan.
(g)
The
staff has prepared a study and has submitted the same to the Planning
Commission, which demonstrates that the continuation of the type of
regulations set forth in the Former Plan is necessary for the public
health, safety and welfare of the City.
(h)
The
Planning Commission has conducted a public hearing on the matter and
concluded that the plan is required to protect the public health,
safety and welfare of the City and has recommended the adoption of
the same for a 10 year period.
(i)
The
Planning Commission concluded that the continuation of the regulations
set forth in the plan which are consistent with the provisions of
the City's General Plan, applicable specific plans and the City's
zoning regulations is necessary for the public health, safety and
welfare of the City.
(j)
It
is the purpose and intent in adopting the plan to achieve a steady,
rather than a fluctuating, overlyrapid rate of residential growth
each year in order that the services provided by the City, school,
utility and/or services agencies operating in the City could properly
and effectively be staged in a manner which would not over-extend
existing facilities, that the City could protect its citizens from
the effect of contaminated air and that the City could preserve its
rural, small-town character.
(k)
The
City Council has determined, based upon studies and evidence presented
at its public hearings, that continuation of a steady controlled residential
growth is still necessary for the reasons set forth above.
(l)
The
adoption of the plan is necessary to continue established controls
over the quality, distribution and rate of growth of the City in the
interest of:
(1)
Preserving the character of the community;
(2)
Protecting the natural environment and open space of the City;
(3)
Protecting the public health and quality of life in the City;
(4)
Ensuring the adequacy of City facilities, school facilities, recreation
and park facilities and other public services;
(5)
Ensuring a balance of housing types and values in the City which
will accommodate a variety of families, including families of low
and moderate income;
(6)
Ensuring the balanced development of the City;
(7)
Preventing further significant deterioration in local air quality
which, in that regard, the City hereby reaffirms and adopts as its
own, the following findings of the AQMP:
(A)
There is a direct relationship between the quality of the Ojai Valley's
air and the health, safety and welfare of the Ojai Valley and City
residents.
(B)
The quality of the Ojai Valley's air has deteriorated to the point
where it often fails to meet State and Federal ambient air quality
standards designed to protect health, safety and welfare.
(C)
Failure to meet such State and Federal standards in the City and
County results in:
(i)
Aggravation of the illness of persons suffering from asthma
or chronic lung disease;
(ii)
An increase in the effort of breathing for many healthy persons;
(iii)
Impairment of the performance of persons engaged in strenuous
activities;
(iv)
Significant health care costs attributable to air quality related
health problems;
(v)
Air pollution damage to crops amounting to millions of dollars
annually; and
(vi)
Air pollution damage to habitat and sensitive species.
(D)
There is a direct measurable relationship between population growth
and emissions which contributes to the deterioration of air quality
in the County and the City.
(E)
The AQMP has:
(i)
Identified certain reasonably available control measures for
the control of emissions in the Ojai Valley;
(F)
Regulation of population growth in the Ojai Valley in accordance
with the AQMP, in addition to the implementation of all other reasonably
available control measures for the control of emissions, is necessary
in order to ensure compliance with Federal ambient air quality standards
and to protect adequately the public health, safety and welfare.
(8)
Ensuring that the traffic demands do not exceed the capacity of streets;
(9)
Ensuring that the City does not grow in a pattern that places a severe
strain on State Highway 33;
(10)
Ensuring the adequacy of fire protection;
(11)
Ensuring adequate water and sanitary sewer systems.
(m)
The
provisions of this chapter will augment and implement the goals and
policies of the City as set forth in the City's General Plan and City
ordinances relating to the regulation of residential development.
(n)
The
enactment of this chapter will permit the City to control the rate,
distribution, quality and economic level of proposed residential development
on a year-to-year basis and ensure compliance with the AQMP.
(o)
The
City Council, based upon the evidence presented, has determined that
the City's appropriate share of the regional housing need equals 209
residential units of which 115 should be housing available to low
and moderate income families and that the plan will not impact the
City's ability to accommodate its share of the regional housing need
and, therefore, will not affect the supply of housing in the region.
(p)
The
specific housing programs and activities which are described in the
City's housing element are consistent with the provisions of the plan
and these programs and activities will continue after the enactment
of this chapter. The plan exempts from its provisions projects intended
for low- and moderate-income families as well as those intended for
seniors and the disabled and, therefore, will have no impact on these
types of housing and will, in fact, encourage the provision of housing
for these groups.
(q)
The
City has the necessary fiscal and environmental resources available
to it to provide the services and necessary infrastructure to serve
the steady annual increase in housing as contemplated by the provisions
of the plan.
(r)
Based
upon evidence presented at public hearings, including the studies
presented to it by the staff and the Planning Commission and each
member of the City Council being thoroughly familiar with the problems
which arise out of rapid uncontrolled growth in any city and being
aware that the City must meet certain obligations with respect to
regional housing needs and in particular the provision of low and
moderate income housing, the City Council, as required by the provisions
of Government Code Section 65863.6, has determined that the adoption
of the plan is necessary for the public health, safety and general
welfare of the citizens of the City.
(s)
The
plan is a project for purposes of the California Environmental Quality
Act ("CEQA"). As such, the Planning Commission did review the initial
study prepared for the plan, as well as the negative declaration which
is the environmental document recommended for the plan by the initial
study. The Planning Commission has certified that the negative declaration
complies with the provisions of CEQA and has recommended to the City
Council that it adopt the negative declaration.
(t)
The
City Council has read and considered the initial study for the plan.
The City Council does hereby find that the plan could not have a significant
effect on the physical environment because: (1) no specific development
is envisioned by the plan; (2) there would be no direct activity which
could result in the demand for new or expanded public utilities, facilities
and services; and (3) the plan will restrict growth, which will have
the effect of decreasing the potential future demand on existing public
utilities, facilities and services.
(u)
The
City Council has read and considered the negative declaration prepared
for the plan and does hereby find and certify that the negative declaration
has been prepared in full compliance with the provisions and requirements
of CEQA.
(§ 1, Ord. 769, eff. January 8, 2004)
