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Home My WebLink AboutORD 276 2002 0206ORDINANCE NO. 276 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO. 99 -1 FOR A CHANGE IN THE ZONING DESIGNATION FROM RE -5 ACRE MINIMUM LOT SIZE TO RESIDENTIAL PLANNED DEVELOPMENT (RPD) 1.80 DWELLING UNITS PER ACRE AND OPEN SPACE (OS) ON NINE PARCELS (APN'S 500- 260 -025, -045, -075, -085, AND -095; 500 - 270 -090, -140, -155, AND -165) TOTALING APPROXIMATELY 350 GROSS ACRES OF LAND LOCATED WEST OF WALNUT CANYON ROAD AND APPROXIMATELY ONE -HALF MILE NORTH OF CASEY ROAD ON THE APPLICATION OF WEST POINTE HOMES, INC. WHEREAS, at a duly noticed public hearing on October 3, 2001, and continued public hearings on October 17, November 7, December 5, and December 19, 2001, and January 16 and January 23, 2002, the City Council considered the application filed by West Pointe Homes for approval of Zone Change No. 99 -1 for a change in the Zoning Designation on the property from RE -5 acre minimum lot size to Residential Planned Development (RPD) 1.80 dwelling units per acre and Open Space (OS) on nine (9) parcels (APN'S 500 - 260 -025, -045, -075, -085, and -095; 500 - 270 -090, -140, -155, and -165) totaling approximately 350 gross acres of land located west of Walnut Canyon Road and approximately one -half mile north of Casey Road; and WHEREAS, at its meeting of October 3, 2001, the City Council opened the public hearing and took public testimony and continued the item, public hearing open, to subsequent meetings, and on January 23, 2002, closed the public hearing; 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 on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the City Council adopts the following additional findings: California Environmental Quality Act (CEQA) Findings 1. That EIR SCH- 1994081075, prepared for West Pointe Homes and its ancillary applications, and certified by the City Council on January 23, 2002, by Resolution No. 2002 -1935 serves as the environmental document for Zone Change No. 99 -01 as permitted by Section 15182 of the Guidelines to implement CEQA as adopted by the California Resources Agency. Ordinance No. 276 Zone Change No. 99 -01 Page 2 2. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the approved Environmental Impact Report have been incorporated and shall apply to Zone Change No. 99 -01. 3. A Mitigation Monitoring and Reporting Program, prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding these projects, applies to Zone Change No. 99 -01. SECTION 2. 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 99 -1, and is in conformance with the City Municipal Code, including Title 17, Zoning. SECTION 3. 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 1.80, as the RPD designation would provide a suitable location for residential land uses that are compatible with property located in the vicinity of the property. SECTION 4. The City Council hereby approves Zone Change No. 99 -1 changing the zoning designation on the property from RE -5 acre (Rural Exclusive 5 acre minimum lot size) to RPD 1.8 (Residential Planned Development 1.8 units per acre maximum) and OS (Open Space), as further described in Exhibit A. SECTION 5. The City Council hereby directs staff to amend the City Zoning Map to reflect the approved zone change. SECTION 6. 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 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, Ordinance No. 276 Zone Change No. 99 -01 Page 3 subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 8. 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. PASSED AND ADOPTED this 6th day of ATTEST: Deborah S. Traffenstedt, City Clerk EXHIBIT A: Zone Change Map JANUARY 31.2002 500, 1DOW aAP� SCALE SCALE: 1•_500• LOTS 1 -108, 255& 256 LOTS 109 -250 & 254 LOTS 251 & 262 LOTS 253 & 257 LOT 258 LOT 259 LOT 260 LOT 261 LOTS 263 & 264 LOT 265 RPD 1.8 (35.8 ACRES) RPD 1.8 (45.2 ACRES) OS -24.5 ACRES OS -9.9 ACRES OS -2.9 ACRES OS -4.4 ACRES OS -3.9 ACRES OS -7.3 ACRES OS -205.4 ACRES OS -10.7 ACRES .— .v. nIEZV unI ..w DEVELOPIAENT EXHIBIT "A" ZC 99 -01 rvNO W O n S] �ml C1 (D (D E �:r :3 a n n LQ (D z O z• O • N J O Ordinance No. 276 Zone Change No. 99 -01 Page 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. 276 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 6th day of February, 2002, and that the same was adopted by the following vote: AYES: Councilmembers Harper, and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None Mikos, Millhouse, Wozniak, WITNESS my hand and the official seal of said City this 28th day of February, 2002. Deborah S. Traffenst , City Clerk (seal)