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HomeMy WebLinkAboutORD 269 2000 1101ORDINANCE NO. 269 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO.99 -4 TO CHANGE THE ZONING DESIGNATION ON UNDEVELOPED LAND LOCATED WEST OF LIBERTY BELL ROAD ADJACENT TO AND NORTH OF THE ARROYO SIMI (APN. 506 -0- 050 -505) FROM COMMERCIAL PLANNED DEVELOPMENT (CPD) TO RESIDENTIAL PLANNED DEVELOPMENT (RPD) 7.6 UNITS PER ACRE 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 SHALL BE REZONED TO OPEN SPACE (OS) ON THE APPLICATION OF PACIFIC COMMUNITY BUILDERS WHEREAS, at a duly noticed public hearing on October 18, 2000, the City Council considered the application filed by Pacific Community Builders for approval of Zone Change No. 99 -4 for a change in the zoning designation on the property from Commercial Planned Development Permit (CPD) to Residential Planned Development (RPD) 7.6 units per acre and Open Space (OS); and WHEREAS, at its meeting of October 18, 2000, the City Council opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing on October 18, 2000; 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 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. The City Council adopts the Negative Declaration. SECTION 3. The City Council has determined that the impacts for the proposed Zone Change would not have a significant adverse effect on the environment. SECTION 4. The City Council hereby finds that the proposed Zone Change will be in conformance with the City's Land Use Element of the General Plan. Ordinance No. 269 Page No. 2 SECTION 5. 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 subject property to RPD 7.6 dwelling units per acre and OS as the site would provide a suitable location for single - family residential dwellings. SECTION 6. The City Council hereby approves Zone Change No. 99 -4 changing the zoning designation on the property from Commercial Planned Development (CPD) to Residential Planned Development 7.6 (RPD 7.6 units per acre) with the exception of the land to be dedicated to the Ventura County Flood Control District which is rezoned to Open Space (OS). SECTION 7. The City Council hereby directs staff to amend the City Zoning Map to reflect the approved Zone Change consistent with attached Exhibit "A". 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 section, 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. 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 order 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. 269 Page No. 3 PASSED AND ADOPTED this 1St day of November, 2000. ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit A ordinance No. 269 Page No. 4 ZONE CHANGE NO. 99-4 LOS ANGELES AVENUE W W a A NORTH CPD (COMMERCIAL PLANNED DEVELOPMENT) TO RPD 7.6 (RESIDENTIAL � PLANNED DEVELOPMENT 7.6 UNITS PER ACRE) WITH EXCEPTION OF THE SOUTHERN PORTION OF THE PROPERTY WHICH WILL BE DEDICATED TO THE VENTURA COUNTY FLOOD CONTROL DISTRICT AND WILL BE DESIGNATED AS OS-40 (OPEN SPACE 40 ACRE MINIMUM) A 4.66 ACRE PARCEL LOCATED ON THE 'JEST SIDE OF LIBERTY BELL ROAD EXHIBIT Ordinance No. 269 Page No. 5 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) ss. I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 269 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 1" day of November, 2000, 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. Deborah S. Traffenste t, City Clerk (seal)