HomeMy WebLinkAboutORD 225 1997 0319ORDINANCE 225
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING SECTION 17.52.060 C.2 (CHANGE OF
USE) OF THE MUNICIPAL CODE OF THE CITY OF MOORPARK
(ZONING ORDINANCE) TO ALLOW A CHANGE OF USE OF AN
EXISTING LEGAL NON - CONFORMING USE TO A SIMILAR USE WITH
APPROVAL OF A CITY COUNCIL APPROVED CONDITIONAL USE
PERMIT ON THE APPLICATION OF A.C. CONSTRUCTION
Whereas, on February 10, 1997, the Planning Commission
studied, held a public hearing, and recommended the City Council
make the modifications described in Section 3 to the City's Zoning
Ordinance in order to clarify certain sections of the Ordinance and
to better fit the needs of the City; and
Whereas, the City Council opened and closed the public
hearing on March 5, 1997; and
Whereas, the City Council determined that the
modifications to the City's Municipal Code is categorically exempt
pursuant to State CEQA Guidelines Section 15061 (b) (3) in that the
proposed amendments to the Zoning Ordinance does not have the
potential for causing a significant effect on the environment; and
Whereas, the requested change to the Municipal Code as
directed by the City Council has been made to the Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. That the modifications to the City's Municipal Code
is categorically exempt pursuant to State CEQA Guidelines Section
15061 (b) (3).
SECTION 2. That the Municipal Code is hereby amended as found
in Section 3.
SECTION 3.
SECTION 17.52.060 C.2 (CHANGE OF USE)
Change of Use. The nonconforming use may be changed to a use
that is similar with approval of a City Council approved
Conditional Pe:-mit pursuant to the requirements of Chapter
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17.44 (Entitlements - Process and Procedures), provided the
changed use is considered to have no greater impa= than the
previously existing use, is similar to the ronconF�rming :lse
and is not considered as an expansion of ,"e existing use.
Conditions may be imposed, including, but nit limiL] to time
limitations, as deemed necessary for the compatibiliry of such
nonconforming use with adjacent properties.
SECTION 4. 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 5. This Ordinance shall become effective thirty (30)
days after the passage and adoption.
SECTION 6. 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.
PASSED, APPROVED AND ADOPTED thi
ATTEST:
Lillian E. Hare
City Clerk
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MK)ORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
CITY OF MOORPARK )
I, Lillian E. Hare, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Ordinance No. 225 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 19th day of MARCH , 1997, and that
the same was adopted by the following vote:
AYES: COUNCILMEMBERS PEREZ, TEASLEY, WOZNIAK AND MAYOR HUNTER
NOES: COUNCILMEMBER EVANS
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and the official seal of said City
this 25th day of MARCH 1997.
Lillian E. Hare
City Clerk
PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DEBBIE RODGERS TEASLEY JOHN E. WOZNIAK
Mayor Mayor Pro Tom Coundmember Councilrnember Counciimember