HomeMy WebLinkAboutORD 256 1999 0616ORDINANCE NO. 256
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO.96 -2
TO CHANGE THE ZONING DESIGNATION ON UNDEVELOPED
LAND LOCATED ON THE SOUTH SIDE OF LOS ANGELES
AVENUE, OPPOSITE SHASTA AND GOLDMAN AVENUES (APN.
506 -0 -03 -135, 145, 155, 165 AND 185) FROM
RESIDENTIAL PLANNED DEVELOPMENT (RPD) 13 AND 5.3
UNITS PER ACRE TO RPD 7 UNITS PER ACRE ON THE
APPLICATION OF PACIFIC COMMUNITIES
WHEREAS, at a duly noticed public hearing on December 2 and
16, 1998 and March 3, and June 2, 1999, the City Council considered
the application filed by Pacific Communities for approval of Zone
Change No. 96 -2 for a change in the zoning designation on the
property from Residential Planned Development (RPD) 13 and 5.3
units per acre to RPD 7 units per acre; and
WHEREAS, at its meeting of December 2, 1998 and March 3, 1999,
the City Council opened the public hearing, took testimony from all
those wishing to testify, and closed the public hearing on June 2,
1999; and
WHEREAS, the City Council, after review and consideration of
the information contained in the staff reports and testimony, has
made a decision in the matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council has determined that the Mitigated
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 Mitigated Negative Declaration /Initial Study have
been considered in the decisions on the proposed Zone Change.
SECTION 2. In order to reduce the potential for adverse
impacts, mitigation measures discussed in the Mitigation Monitoring
Program have been imposed as conditions of project approval.
SECTION 3. A Mitigation Reporting and Monitoring Program has
been prepared in compliance with Assembly Bill 3180 and considered
in the various decisions regarding the proposed Zone Change.
SECTION 4. The City Council adopts the Mitigated Negative
Declaration and Mitigation Monitoring Program.
Ordinance No. 256
Page 2
SECTION 5. The City Council has determined that the impacts
for the proposed Zone Change would not have a significant adverse
effect on the environment.
SECTION 6. The City Council hereby finds that the proposed
Zone Change will be in conformance with the City's General Plan
with the adoption of a Resolution approving General Plan Amendment
96 -1 and City Municipal Code, including Title 17, Zoning.
SECTION 7. 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 RPD
7 as it would provide a suitable location for single - family
residential dwellings.
SECTION 8. The City Council hereby approves Zone Change No.
96 -2 changing the zoning designation on the property from RPD 13
and 5.3 units per acre to RPD 7 units per acre.
SECTION 9. The City Council hereby directs staff to amend the
City Zoning Map to reflect the approved Zone Change consistent with
attached Exhibit "A ".
SECTION 10. This Ordinance shall not become effective until
the date that the ordinance adopting a Development Agreement
between the City and the Developer shall become effective.
SECTION 11. 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 section, subsections,
sentences, clauses, phrases, parts or portions be declared invalid
or unconstitutional.
SECTION 12. This Ordinance shall become effective thirty (30)
days after its passage and adoption.
SECTION 13. 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 order of the
passage and adoption thereof in the records of the proceedings of
Ordinance No. 256
Page 3
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 AND ADOPTED this 16th day of June, 1999.
ATTEST:
Deborah S. Traffens edt, City Clerk
Attachment: Exhibit A
trick Huntfr, Mayor
u
Ordinance No. 256
Page 4 '
5' IA —0 AVE -
xibit A N c
-- - c - - NORTH
I -
PALOMAR AVE —"
H
' > GEcDEU `— — —
c I--tv O T
Z '
' I
s
I
I
2
� J
i
I
I ...r
I Cr
a
��Crt- rr__rr -rte_
I
�I
i
1
n EvE EST
? VE.
SUS ANGELES AVENUE
I
i
RPD 5.3u AND RPD 13U
TO RPD 7u
I
I
I
1
ZONE CHANGE 96 -2
EXHIBIT =, I
o
i
.'lll�
Ordinance No. 256
Page 5
STATE OF CALIFORNIA )
COUNTY OF VENTURA )
CITY OF MOORPARK )
PM--M
I, Deborah S. Traffenstedt,
Moorpark, California, do hereby ce
that the foregoing Ordinance No.
Council of the City of Moorpark at
16th day of June, 1999, and that
following vote:
City Clerk of the City of
rtify under penalty of perjury
256 was adopted by the City
a regular meeting held on the
the same was adopted by the
AYES: Councilmembers Evans, Harper, Rodgers, Wozniak, and
Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 1St day of
December, 1999.
--D,9 S.
Deborah S. Traffensted , City Clerk
(seal)