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Home My WebLink AboutORD 258 1999 0623ORDINANCE NO. 258 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO. 97 -7 TO CHANGE THE ZONING DESIGNATION ON APPROXIMATELY 19.2 ACRES OF UNDEVELOPED LAND LOCATED SOUTHERLY OF LOS ANGELES AVENUE ON THE WEST SIDE OF MOORPARK AVENUE ADJACENT TO THE FLOOD CONTROL CHANNEL FROM CPD (COMMERCIAL PLANNED DEVELOPMENT) TO RPD 16.2 (RESIDENTIAL PLANNED DEVELOPMENT - 16.2 UNITS PER ACRE MAXIMUM) , WITH THE EXCEPTION OF THE AREA ALONG THE SOUTHERLY PORTION OF THE PROPERTY REQUIRED TO BE DEDICATED TO THE VENTURA COUNTY FLOOD CONTROL DISTRICT WHICH IS TO BE REZONED TO OS (OPEN SPACE), ON THE APPLICATION OF ARCHSTONE COMMUNITIES WHEREAS, at a duly noticed public hearing on May 5, May 19 and June 2, 9, 16 and 23 1999, the City Council considered the application filed by Archstone Communities for approval of Zone Change No. 97 -7 for a change in the Zoning Designation on the property from CPD (Commercial Planned Development) to RPD 16.2 (Residential Planned Development 16.2 units per acre maximum), with the exception of the area along the southerly portion of the property required to be dedicated to the Ventura County Flood Control District which is to be rezoned to OS (Open Space); and WHEREAS, at its meeting of May 5, 1999, the City Council continued this item to May 19, 1999 when the public hearing was opened and testimony from all those wishing to testify was taken, and closed the public hearing on June 2, 1999; and WHEREAS, the City Council, after review and consideration of the information contained in the City Council 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 determines 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 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. Ordinance No. 258 Page 2 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 -3, and is in conformance with the 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 RPD and OS as the RPD designation would provide a suitable location for residential land uses that are compatible with the residentially zoned property located adjacent and to the east of the property, and the OS designation is compatible with the OS zoned property located within the Flood Control Channel. SECTION 5. The City Council hereby approves Zone Change No. 97 -7 changing the zoning designation on the property from CPD (Commercial Planned Development) to RPD 16.2 (Residential Planned Development 16.2 units per acre maximum), with the exception of the area along the southerly portion of the property required to be dedicated to the Ventura County Flood Control District which will have the Zoning Designation of OS (Open Space). SECTION 6. The City Council hereby directs staff to amend the City Zoning Map to reflect the approved zone change. SECTION 7. 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 8. 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 9. This Ordinance shall become effective thirty (30) days after its passage and adoption. Ordinance No. 258 Page 3 SECTION 10. 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 weekly 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 23rd day of June, 1999. ATTEST: �D S. I Deborah S. Traffenste , City Clerk FM r-%.2 Ordinance No. 258 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. 258 was adopted by the City Council of the City of Moorpark at a meeting held on the 23rd day of June, 1999, and that the same was adopted by the following vote: 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 20th day of December, 2000. � G. ► Deborah S. Traffenstedt, City Clerk (seal)