HomeMy WebLinkAboutORD 335 2006 0607ORDINANCE NO. 335
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING ZONE CHANGE NO. 2004 -02,
FOR A CHANGE OF ZONE FROM RURAL EXCLUSIVE — 5
ACRE MINIMUM LOT SIZE (RE -5ac) TO RESIDENTIAL
PLANNED DEVELOPMENT (RPD -1 u) AND OPEN SPACE ON
42.4 ACRES, LOCATED EAST OF WALNUT CANYON ROAD
AT CHAMPIONSHIP DRIVE, ON THE APPLICATION OF
BIRDSALL GROUP MOORPARK, LLC.
WHEREAS, on November 22, 2005, the Planning Commission adopted
Resolution No. PC- 2004 -493 recommending approval to the City Council of Zone
Change No. 2004 -02, for a change of zone from Rural Exclusive — 5 acre minimum lot
size (RE -5ac) to Residential Planned Development (RPD -1 u) and Open Space on 42.4
acres, located east of Walnut Canyon Road at Championship Drive; and
WHEREAS, at a duly noticed public hearing on May 17, 2006, the City Council
considered the agenda report for Zone Change No. 2004 -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, General Plan Amendment No. 2004 -03 was adopted for this project,
changing the planned land use to Rural High Residential (RH) and Open Space 1 (OS-
1); 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. Zone Change No. 2004 -02 is consistent with the General Plan as
amended by General Plan Amendment No. 2004 -03.
SECTION 2. 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 3. 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,
Ordinance No.335
Page 2
irrespective of the fact that any one or more section, subsections, sentences, clauses,
phrases, parts or portions be declared invalid or unconstitutional.
SECTION 4. This Ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 5. 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 same be published once in the Moorpark
Star a newspaper of general circulatio , as defined in Section 6008 of the Government
Code, for the City of Moorpark, and ich is hereby desi ated for that ppose. J
PASSED AND ADOPTED/his 7th day of June,
ATTEST:
Deborah S. Traffenstedt, i Clerk
Attachment: Exhibit A: Zone Change Map — Zone Change 2004 -02
Ordinance No.335
Page 3
EXHIBIT - A
ZONE CHANGE MAP - ZONE CHANGE 2004-02
Mal
WmMi
Ordinance No. 335
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Ordinance No. 335 was adopted by the
City Council of the City of Moorpark at a regular meeting held on the 7th day of June, 2006,
and that the same was adopted by the following vote:
AYES: Councilmembers Harper, Mikos, Millhouse, and Parvin
NOES: None
ABSENT: None
ABSTAIN: Mayor Hunter
WITNESS my hand and the official seal of said City this 21 st day of June, 2006.
i _
Deborah S. Traffenstedt, Ci lerk
(seal)