HomeMy WebLinkAboutORD 249 1998 1216ORDINANCE NO. 249
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING ZONE CHANGE NO.97 -6 TO CHANGE THE
ZONING DESIGNATION ON UNDEVELOPED LAND LOCATED WEST OF
GABBERT ROAD AND NORTH OF THE SOUTHERN PACIFIC RAILROAD
FROM A -E (AGRICULTURAL EXCLUSIVE) TO M -2 (MEDIUM
INDUSTRIAL) ON THE APPLICATION OF A -B PROPERTIES AND
SOUTHERN CALIFORNIA EDISON COMPANY
WHEREAS, at a duly noticed public hearing on September 2,
1998, continued to September 16, October 21 and November 18, 1998,
the City Council considered the application filed by A -B Properties
and Southern California Edison Company for approval of Zone Change
No. 97 -6 for a change in the Zoning Designation on the property
from A -E (Agricultural Exclusive) to M -2 (Medium Industrial); and
WHEREAS, at its meeting of September 2, 1998, the City Council
opened the public hearing, took testimony from all those wishing to
testify, and closed the public hearing on November 18, 1998; and
WHEREAS, the City Council, after review and consideration of
the information contained in the staff reports dated April 2, 1998
and November 6, 1998, and testimony, has made a decision in the
matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council determines the Negative
Declaration /Initial Study for the Zone Change is complete, has been
prepared in compliance in CEQA and City policy, and the contents in
the Negative Declaration /Initial Study have been considered in the
decisions on the proposed Zone Change.
SECTION 2. That the City Council determined that the impacts
for the proposed Zone Change would not have a significant adverse
effect on the environment.
SECTION 3. 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 97 -2 and City Municipal Code, including Title 17, Zoning.
SECTION 4. 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 M -2
as the M -2 designation would provide a suitable location for
Ordinance No. 249
Page 2
industrial land uses that are compatible with the industrially
zoned property located adjacent and south of the property.
SECTION 5. The City Council hereby approves Zone Change No.
97 -6 changing the zoning designation on the property from A -E
(Agricultural Exclusive) to M -2 (Medium Industrial) with the
exception of the area including and west of the Gabbert Flood
Control Channel, an area 120 wide located along the northerly
boundary and along the east edge of the easements for the Gabbert
Flood Control Channel designated as future transportation corridor
which shall remain "AE" (Agricultural Exclusive).
SECTION 6. The City Council hereby directs staff to amend the
City Zoning Map to reflect the approved zone change.
SECTION 7. 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 8. This Ordinance shall become effective thirty (30)
days after its passage and adoption.
SECTION 9. 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.
Ordinance No. 249
Page 3
PASSED AND ADOPTED this 16th day of December, 1998.
ATTEST:
v 92
O
Deborah S. TraffeWgtedt
City Clerk d o'o:
Exhibit 1 - Zone Change Map
ZONE CHANGE 97 -6
EXHIBIT I
Ordinance No. 249
Page 5
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. 249 was adopted by the City Council of the
City of Moorpark at a meeting held on the 16th day of December,
1998, and that the same was adopted by the following vote:
AYES: Councilmembers Evans, Rodgers, Wozniak and Mayor
Hunter
NOES: Councilmember Harper
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 30th day of
December, 1998.
Deborah S. Traffenst City Clerk
(seal)