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Home My WebLink AboutAGENDA REPORT 2002 0918 CC REG ITEM 12A7-3771"1-11 �.. �'•. ��-S. ••�•�• +++ —sr., -ate IGY.�tCC.,[w._`1su...xe.r,.f c`i'ry nr mooRTARX, CALTFnRNi Citv Cmincil Meeting ORDINANCE NO. 284 of eniPm)CtN Iii, awS L A ORDINANCE OF THE CITY COUNCIL OF THE "ENN: °t Or�iilla '�° OF MOORPARK, CALIFORNIA, APPROVING - ,841; —�=- CHANGE NO. 2002 -01 TO CHANGE THE ZrgNIPT.G- ----- /�-- DESIGNATION FROM CPD (COMMERCIAL PL ZJ;-- DEVELOPMENT) TO RPD -20 DU /AC (RESIDENTIAL PLANNED DEVELOPMENT 20 dwelling units /acre) FOR A 9.48 ACRE SITE (ASSESSOR PARCEL NO. 506 -0- 050 -185 AND A PORTION OF 506- 0 -050- 475) LOCATED ON PARK CREST LANE AT PARK LANE, ON THE APPLICATION OF USA PROPERTIES FUND WHEREAS, at a duly noticed public hearing of the Planning Commission on June 24, 2002, the Planning Commission adopted Resolution No. PC- 2002 -426, recommending to the City Council approval of Zone Change No. 2002 -01; and WHEREAS, at a duly noticed Public Hearing on July 10, 2002, the City Council considered Zone Change No. 2002 -01 for a change in the Zoning Designation from CPD (Commercial Planned Development) to RPD -20 du /ac (Residential Planned Development 20 dwelling units /acre) for a 9.48 acre site located on Park Crest Lane at Park Lane (Assessor Parcel No. 506 -0 -5- 050 -185 and a portion of 506 -0- 050 -475) on the application of USA Properties Fund; and WHEREAS, at its meeting of July 10, 2002, the City Council opened the public hearing and took public testimony, and after receiving public testimony closed the public hearing; and WHEREAS, at a duly noticed public hearing of the Planning Commission on June 24, 2002, the Planning Commission adopted Resolution No. PC- 2002 -426, recommending to the City Council approval of Zone Change No. 2002 -01; 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: t,p Sri � 111 k�7i 3 1 Ordinance No. CC -284 ZC 2002 -01 Page 2 SECTION 1. Environmental Documentation A. The Mitigated Negative Declaration prepared for USA Properties Fund project serves as the environmental document for Zone Change 2002 -01. B. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the Mitigated Negative Declaration have been incorporated into the project and to the extent that they relate to the zoning for the site shall apply to Zone Change No. 2002 -01. C. A Mitigation Reporting and Monitoring Program prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding these projects applies to Zone Change No. 2002 -01. D. The City Council finds that based upon the whole record before it, including the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment and that the adoption of the Mitigated Negative Declaration represents the independent judgement and analysis of the City of Moorpark. 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 2002 -01, 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 20 dwelling units per acre, 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. 2002 -01, subject to the approval of RPD 2002 -02, changing Ordinance No. CC -284 ZC 2002 -01 Page 3 the zoning designation on the property from CPD (Commercial Planned Development) to RPD 20 du /ac (Residential Planned Development 20 units per acre maximum), 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. 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, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 7. This ordinance shall become effective thirty (30) days after its passage and adoption. 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 as 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. Ordinance No. CC -284 ZC 2002 -01 Page 4 PASSED AND ADOPTED this 18th day of September 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk EXHIBIT A: Zone Change Exhibit Map ZONING EXHIBIT MAP CPD TO RPD -20 DU /AC A APN 506 -0- 050 -18 and Parcel B of Parcel Map 5316 EXHIBIT A