HomeMy WebLinkAboutOrdinance 628 Repealing Ord 623 WRF PrezoningORDINANCE NO. 628
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
REPEALING ORDINANCE NO. 623
ESTABLISHING PRE -ZONING FOR THE 27.6-ACRE PORTION OF
PARCEL APN #073401=017 (CASE NO. #MIN19-001)
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, California Government Code subdivision 65859 (a) states, a city may pre -
zone unincorporated territory to determine the zoning that will apply to that territory upon
annexation to the city. The zoning shall become effective at the same time that the annexation
becomes effective; and
WHEREAS, the City intended to pursue annexation and a sphere of influence (SOI)
amendment of the subject 27.&acre parcel, which is currently uninhabited and located in
unincorporated San Luis Obispo County and to be addressed as 555 South Bay Blvd; and
WHEREAS, on June 25, 2019, the City Council authorized filing of two separate
applications with the San Luis Obispo County Local Agency Formation Commission (LAFCO)
through Resolution Nos. 5419 and 55-19, which respectively authorized: 1) an application with
LAFCO for a sphere of influence (SOI) designation and annexation of the South Bay Site for the
public purpose of construction of the City's Water Reclamation Facility (WRF), and 2) a SOI
designation for a remainder parcel known as the Tri-W parcel; and
WHEREAS, the application requirements of LAFCO for said resolutions include City
Council approval of Pre -Zoning of the South Bay WRF site; and
WHEREAS, the current zoning designation in the unincorporated County is agriculture
and the City desired to pre -zone the subject 27.6-acre parcel as Public Facility (PF); and
WHEREAS, PF zoning is consistent with the Public/Institutional General Plan Land Use
Designation; and
WHEREAS, the Site is currently uninhabited and is designated by the draft combined
General Plan /Local Coastal Program ("Plan Morro Bay") for Public/ Institutional land use with
the draft Zoning Code to be Public Facility (PF) zone district.; and
WHEREAS, the City of Morro Bay received approval on July 11, 2019, for a coastal
development permit from the California Coastal Commission for construction of a Water
Reclamation Facility to be located on the subject 27.6-acre portion of an overall 396 acre parcel
(APN #073.101-017); and
WHEREAS, at its meeting of July 16, 2019, the Planning Commission took the following
actions:
a. Considered the facts and analysis, as presented in the staff report prepared for this
project;
b. Conducted a public hearing to obtain public testimony on the proposed project;
Ordinance No. 628
Page 2
WHEREAS, at its meeting of August 13, 2019, the City Council took the following
actions:
a. Considered the facts and analysis, as presented in the staff report prepared for
this project;
b. Considered the recommendations of the Planning Commission;
c. Conducted a public hearing to obtain public testimony on the proposed project;
d. Approved Resolution 70-19 approving General Plan and Local Coastal Program Text
and Map amendments adding the Public/Institutional land use classification to both
documents to facilitate the prezoning of the site.
WHEREAS, on August 13, 2019, the City Council introduced for first reading, Ordinance
No. 623, An Ordinance of the City Council of the City of Morro Bay, California Establishing Pre -
Zoning for the 27.6-acre Portion of Parcel APN #073-101-017 (Case No. #MIN19-001) ("South
Bay Site"), which was adopted on August 27, 2019, attested by the City Clerk on August 28,
2019, and published as required by law; and
WHEREAS, the City Council adopted Ordinance No. 623 consistent with both Government
Code section 56375(A)(7) which in part reads that the LAFCO "shall require, as a condition to
annexation, that a city prezone the territory to be annexed or present evidence satisfactory to the
commission that the existing development entitlements on the territory are vested or are already at
build -out, and are consistent with the city's general plan," as well as LAFCO Policies and
Procedures (February 21, 2019) which provides in Subsection 8 of Section 2.3 ("Policies for City
Annexations") of Chapter 2 ("Policies") in part "That the City Prezone the area to be annexed."; and
WHEREAS, pursuant to authority provided by the California Constitution and the State
Elections Code, on September 26, 2019, Dan Sedley and Linda Donnelly, presented for filing on
behalf of Citizens for Affordable Living, a referendum petition against Ordinance No. 623, so as to
repeal the ordinance or submit it to a vote of the qualified voters of the City of Morro Bay; and
WHEREAS, Election Code Section 9237 provides in part that a referendum petition
qualifies if it "is signed by not less than 10 percent of the voters of the city, and
WHEREAS, in accordance with Election Code Section 9237, it was determined that the
County Clerk's last official report of City of Morro Bay voter registration to the Secretary of State
was 7,475 registered voters and that 10% of said registration would require 748 valid signatures to
qualify the referendum petition; and
WHEREAS, on September 26, 2019, pursuant to the provisions of Election Code section
9210, the referendum petition was examined by the City's Elections Official and it was determined
the number of signatures, prima facie, was in excess of the number of signatures required, and the
City's Elections Official accepted the petition for filing; and
WHEREAS, based on the County of San Luis Obispo Registrar of Voters' Signature
Verification Certificate and, in accordance with Election Code Sections 9114 — 9115, the
referendum petition against the adoption of Ordinance No. 623 was determined to contain 894
valid signatures and deemed to be sufficient on October 23, 2019; and
Ordinance No. 628
Page 3
WHEREAS, in accordance with Election Code Section 9114, the Elections Official certified
the results of the examination to the City Council at the next regular meeting held on November 121
2019;
WHEREAS, Election Code Section 9237 provides that when a referendum peton against
an ordinance qualifies, "the effective date of the ordinance shall be suspended and the legislative
body shall reconsider the ordinance,"; and
WHEREAS, Election Code Section 9241 provides in part that when a city council is
presented with a qualified referendum petition, the city council shall either "entirely repeal the
ordinance against which the petition is filed" or the city council "shall submit the ordinance to the
voters"; and
WHEREAS, Election Code. Section 9241 further provides in part: "If the legislative body
repeals the ordinance ... the ordinance shall not again be enacted by the legislative body for a
period of one year after the date of its repeal by the legislative body".
THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DOES HEREBY
FIND AND ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Morro Bay hereby finds and determines that
the foregoing recitals of this ordinance are true and correct and are hereby incorporated into this
ordinance as fully set forth herein.
SECTION 2. Based upon the forgoing, the City Council hereby repeals Ordinance No.
623 in its entirety.
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be
declared invalid or unconstitutional.
SECTION 4. This ordinance shall be in full force and effect thirty (30) days after its
passage.
Ordinance No. 628
Page 4
SECTION 5, The City Clerk shall certify to the adoption of this ordinance, and shall cause
the same to be posted and codified in the manner required by law.
INTRODUCED at a regular meeting of the City Council held on the 12th day of November
2019, by motion of Mayor Headding and seconded by Council Member Davis.
PASSED AND ADOPTED on the 10th day of December 2019, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Headding, Addis, Davis,
None
None
N P SA��
DANA SWANSON, City Clerk
APPROVED AS TO FORM:
,�V�u.rrt�
CHRIS F. NEUME ER, Cit Attorney
Heller, McPherson
Ordinance No. 628
Page 5
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
CITY OF MORRO BAY )
I, Dana Swanson, CITY CLERK OF THE CITY OF MORRO BAY, DO HEREBY
CERTIFY that the foregoing Ordinance Number 628 was duly adopted by the City Council of the
City of Morro Bay at a regular meeting of said Council on the 10t" day of December, 2019, and
that it was so adopted by the following vote:
AYES: Headding, Addis, Davis, Heller, McPherson
NOES: None
ABSENT: None
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the
City of Morro Bay, California, this lS day of 1 _4."� , Zo! �.
SWANSON, City Clerk