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HomeMy WebLinkAboutORD 408 2011 1019ORDINANCE NO. 408 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO. 2009 -01 FOR A CHANGE OF ZONING ON 10.75 ACRES ON THE NORTH SIDE OF LOS ANGELES AVENUE, WEST OF GABBERT ROAD, ON THE APPLICATION OF TRILIAD DEVELOPMENT, INC. FOR LOS ANGELES AVENUE LLC WHEREAS, on March 23, 2009, Triliad Development, Inc., on behalf of Los Angeles Avenue LLC, filed applications for General Plan Amendment 2009 -01, Zone Change No. 2009 -01, Industrial Planned Development No. 2009 -01, Conditional Use Permit No. 2009 -01, and Development Agreement No. 2009 -02 in association with a proposed 559,450 square -foot motion picture studio complex project with 12 soundstages, 3 office buildings, 18 studio support buildings, and surface parking on a 44.467 acre site located on the north side of Los Angeles Avenue, west of Gabbert Road; and WHEREAS, on May 3, 2011, the Planning Commission adopted Resolution No. PC- 2011 -563, which included a recommendation that the City Council approve Zone Change No. 2009 -01, for a change of zoning from Commercial Planned Development (CPD) to Medium Industrial (M -2), on 10.75 acres located on the north side of Los Angeles Avenue, west of Gabbert Road, as part of the project; and WHEREAS, at a duly noticed public hearing on October 5, 2011, the City Council considered the agenda report for the project affected by Zone Change No. 2009 -01 and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal, closed the public hearing 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. Zone Change No. 2009 -01 is consistent with the General Plan as amended by General Plan Amendment No. 2009 -01. 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 Ordinance No. 408 Page 2 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 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 publish notice of adoption in the manner required by law. PASSED AND ADOPTED this 19th day of October, 2011. ATTEST: Maureen Benson, City Clerk Attachments: Jani S. Parvin, Mayor Exhibit A — Zone Change Map: 10.75 acres located on the north side of Los Angeles Avenue, west of Gabbert Road Ordinance No. 408 Page 3 EXHIBIT A ZONE CHANGE NO. 2009 -01 10.75 acres located on the north side of Los Angeles Avenue, west of Gabbert Road Ordinance No. 408 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 408 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 19th day of October, 2011, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 20th day of October, 2011. Maureen Benson, City Clerk (seal)