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HomeMy WebLinkAboutORD 312 2005 0420ORDINANCE NO. 312 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO. 2003 -02, FOR A CHANGE OF ZONE FROM COMMERCIAL PLANNED DEVELOPMENT (CPD) AND SINGLE - FAMILY RESIDENTIAL (R -1) TO RESIDENTIAL PLANNED DEVELOPMENT - TWELVE UNITS PER ACRE (RPD- 12U) AND OPEN SPACE (OS) ON 15.13 ACRES, LOCATED AT THE TERMINUS OF FREMONT STREET, SOUTH OF LOS ANGELES AVENUE (HWY 118) AND EAST OF MAJESTIC COURT, ON THE APPLICATION OF SHEA HOMES, INC.; (506 -0- 020 -23, 506- 0- 020 -31, 506 -0- 020 -32, 506 -0- 020 -33, 506 -0- 020 -34) WHEREAS, on April 6, 2004, the Planning Commission adopted Resolution No. PC- 2004 -455 recommending approval to the City Council of ZONE CHANGE NO. 2003 -02, for a change of zone from Commercial Planned Development (CPD) and Single- Family Residential (R -1) to Residential Planned Development - Twelve Units Per Acre (RPD -12u) and Open Space (Os) on 15.13 acres located at the terminus of Fremont Street, South of Los Angeles Avenue (Hwy 118) and East of Majestic Court; and WHEREAS, at a duly noticed public hearing on March 2, 2005 and April 6 2005, the City Council considered the agenda report for Zone Change No. 2003 -02 and any supplements thereto and written public comments; opened and closed the public hearing and took and considered public testimony both for and against the proposal and reached a decision on this matter; and WHEREAS, the City Council has read, reviewed, considered and adopted a Mitigated Negative Declaration prepared for the project referenced above. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The Zoning Map described and referenced in Chapter 17.12 of Title 17, Zoning, of the Municipal Code of the City of Moorpark is hereby amended as shown in Exhibit "A" attached hereto. SECTION 2. 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 Ordinance No. 312 Page 2 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 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. 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 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. /I PASSED AND ADOPTED this ATTEST: Deborah S. Traffenstedt, —City Clerk Attachment: Exhibit A: Zone Change Map Ordinance No. 312 Page 3 S _ _.._(5T - HWY::118) ., T NORTH EXHIBIT A ZC 2003 -02 ZONE CHANGE MAP N Ordinance No. 312 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Moorpark, California that the foregoing Council of the City 20th day of April, following vote: Traffenstedt, City Clerk of the City of a, do hereby certify under penalty of perjury Ordinance No. 312 was adopted by the City of Moorpark at a regular meeting held on the 2005, and that the same was adopted by the AYES: Councilmembers Mikos, Millhouse, Parvin, and Mayor Pro Tempore Harper NOES: None ABSENT: Mayor Hunter ABSTAIN: None WITNESS my hand and the official seal of said City this 26th day of April, 2005. Deborah S. Traffenste , City Clerk (seal)