HomeMy WebLinkAboutAGENDA REPORT 2002 0206 CC REG ITEM 12AA e
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ITEM-1A. A
ORDINANCE NO. 276
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO.
99 -1 FOR A CHANGE IN THE ZONING DESIGNATION FROM
RE -5 ACRE MINIMUM LOT SIZE TO RESIDENTIAL PLANNED
DEVELOPMENT (RPD) 1.80 DWELLING UNITS PER ACRE
AND OPEN SPACE (OS) ON NINE PARCELS (APN'S 500-
260 -025, -045, -075, -085, AND -095; 500 - 270 -090,
-140, -155, AND -165) TOTALING APPROXIMATELY 350
GROSS ACRES OF LAND LOCATED WEST OF WALNUT CANYON
ROAD AND APPROXIMATELY ONE -HALF MILE NORTH OF
CASEY ROAD ON THE APPLICATION OF WEST POINTE
HOMES, INC.
WHEREAS, at a duly noticed public hearing on October 3, 2001,
and continued public hearings on October 17, November 7, December
5, and December 19, 2001, and January 16 and January 23, 2002, the
City Council considered the application filed by West Pointe Homes
for approval of Zone Change No. 99 -1 for a change in the Zoning
Designation on the property from RE -5 acre minimum lot size to
Residential Planned Development (RPD) 1.80 dwelling units per acre
and Open Space (OS) on nine (9) parcels (APN'S 500 - 260 -025, -045,
-075, -085, and -095; 500 - 270 -090, -140, -155, and -165) totaling
approximately 350 gross acres of land located west of Walnut Canyon
Road and approximately one -half mile north of Casey Road; and
WHEREAS, at its meeting of October 3, 2001, the City Council
opened the public hearing and took public testimony and continued
the item, public hearing open, to subsequent meetings, and on
January 23, 2002, closed the public hearing; and
WHEREAS, the City Council, after review and consideration of
the information contained in the City Council staff reports and
testimony, has made a decision on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That the City Council adopts the following
additional findings:
California Environmental Quality Act (CEQA) Findings
1. That EIR SCH- 1994081075, prepared for West Pointe Homes and
its ancillary applications, and certified by the City Council
on January 23, 2002, by Resolution No. 2002 -1935 serves as the
environmental document for Zone Change No. 99 -01 as permitted
by Section 15182 of the Guidelines to implement CEQA as
adopted by the California Resources Agency.
Ordinance No. 276
Zone Change No. 99 -01
Page 2
2. In order to reduce the potential adverse impacts of this
project, mitigation measures discussed in the approved
Environmental Impact Report have been incorporated and shall
apply to Zone Change No. 99 -01.
3. A Mitigation Monitoring and Reporting Program, prepared in
compliance with Assembly Bill 3180 and considered in the
various decisions regarding these projects, applies to Zone
Change No. 99 -01.
SECTION 2. The City Council hereby finds that the proposed
Zone Change will be in conformance with the City's General Plan,
subject to adoption of a Resolution approving General Plan
Amendment 99 -1, and is in conformance with the City Municipal Code,
including Title 17, Zoning.
SECTION 3. The City Council hereby finds that approval of
this Zone Change request is in accord with public necessity,
convenience, general welfare, and good zoning practice and that for
those reasons it is appropriate to reclassify the property to RPD
1.80, as the RPD designation would provide a suitable location for
residential land uses that are compatible with property located in
the vicinity of the property.
SECTION 4. The City Council hereby approves Zone Change No.
99 -1 changing the zoning designation on the property from RE -5 acre
(Rural Exclusive 5 acre minimum lot size) to RPD 1.8 (Residential
Planned Development 1.8 units per acre maximum) and OS (Open
Space), as further described in Exhibit A.
SECTION 5. The City Council hereby directs staff to amend the
City Zoning Map to reflect the approved zone change.
SECTION 6. This Ordinance shall not become effective until
the date that the ordinance adopting a Development Agreement
between the City and the Developer shall become effective.
SECTION 7. That 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,
000309
Ordinance No. 276
Zone Change No. 99 -01
Page 3
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 8. 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 order 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 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 6th day of February, 2002.
ATTEST:
Deborah S. Traffenstedt, City Clerk
EXHIBIT A: Zone Change Map
Patrick Hunter, Mayor
000310
JANUARY 31.2002
0 500' 1000'
ORAPWC SCALE
SCALE: 1' -50W
Ga
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LOTS 1 -108, 255& 256
LOTS 109 -250 & 254
LOTS 251 & 262
LOTS 253 & 257
LOT 258
LOT 259
LOT 260
LOT 261
LOTS 263 & 264
LOT 265
RPD 1.8 (35.8 ACRES)
RPD 1.8 (45.2 ACRES)
OS -24.5 ACRES
OS -9.9 ACRES
OS -2.9 ACRES
OS -4.4 ACRES
OS -3.9 ACRES
OS -7.3 ACRES
OS -205.4 ACRES
OS -10.7 ACRES
` .�. DEVELOPMENT Y_
EXHIBIT "A"
ZC 99 -01