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Home My WebLink AboutRES CC 2009 2828 2009 0617RESOLUTION NO. 2009 -2828 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2009 -02, AMENDING THE LAND USE ELEMENT, SECTION 5.1, LAND USE CLASSIFICATIONS, RESIDENTIAL DENSITY AND TABLE 2 AND DOWNTOWN SPECIFIC PLAN AMENDMENT NO. 2, AMENDING SECTIONS 2.2.3 AND 2.3.3 OF THE DOWNTOWN SPECIFIC PLAN WHEREAS, at its meeting of May 26, 2009, the Planning Commission conducted a duly- noticed public hearing on General Plan Amendment 2009 -02 amending the Land Use Element, Section 5.1, Land Use Classifications, Residential Density and Table 2 and Downtown Specific Plan Amendment No. 2, amending Sections 2.2.3 and 2.3.3 of the Downtown Specific Plan, received public testimony on the proposed amendments, and after receiving oral and written public testimony, closed the public hearing and reached a decision recommending approval of the amendments; and WHEREAS, at its meeting of June 17, 2009, the City Council conducted a duly - noticed public hearing on General Plan Amendment 2009 -02 amending the Land Use Element, Section 5.1, Land Use Classifications, Residential Density and Table 2 and Downtown Specific Plan Amendment No. 2, amending Sections 2.2.3 and 2.3.3 of the Downtown Specific Plan, received public testimony on the proposed amendments, and after receiving oral and written public testimony, closed the public hearing and reached a decision; and WHEREAS, the City Council concurs with the Planning Director's determination that this project is exempt from the provisions of the California Environmental Quality Act by the general rule that CEQA only applies to projects that may have a significant effect on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds Amendment No. 2 of Specific Plan No. 1995 -01 (Downtown Specific Plan) consistent with the City of Moorpark General Plan as amended by General Plan Amendment No. 2009 -02. SECTION 2. The City Council approves General Plan Amendment 2009 -02, amending the Land Use Element, Section 5.1, Land Use Classifications, Residential Density and Table 2 and Downtown Specific Plan Amendment No. 2, amending Section 2.2.3 and 2.3.3 of the Downtown Specific Plan as recommended by staff and shown in attached Exhibits A and B. Resolution No. 2009 -2828 Page 2 SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of this Resolution 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 Resolution. The City Council declares that it would have adopted this Resolution 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 4. This Resolution shall become effective upon the effective date of Ordinance No. 376 approving Zoning Ordinance Amendment No. 2009 -02. SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 17th day of June, 2009. ATTEST: Maureen Benson, Assistant City Clerk J nice �SParvin, Mayor Exhibit A: Amendment to the Land Use Element Section 5.1, Land Use Classifications, Residential Density and Table 2 Exhibit B: Amendment to Sections 2.2.3 and 2.3.3 of the Downtown Specific Plan Resolution No. 2009 -2828 Page 3 EXHIBIT A GENERAL PLAN AMENDMENT NO. 2009 -02 LAND USE ELEMENT SECTION 5.1 RESIDENTIAL DENSITY AND TABLE 2 Residential Density For each of the residential land use classifications listed in Table 2, the maximum density for new development shall be the density as shown. The City Council may approve a density above bonus over the otherwise maximum residential density, consistent with the State Density Bonus Law (Section 65915 et seq. of the California Government Code) and any density bonus provisions contained in the City Municipal Code. Density bonuses will increase with the percentage of affordable housing provided, but may not exceed 100 %. Table 2 RESIDENTIAL LAND USE DESIGNATIONS Residential Designation Maximum Density* RL Rural Low 1.0 DU /5 Acres RH Rural High 1.0 DU /Acre L Low 1.0 DU /Acre ML Medium Low 2.0 DU /Acre M Medium 4.0 DU /Acre H High 7.0 DU /Acre VH Very High 15.0 DU /Acre Maximum development density unless a density bonus is approved consistent with State Density Bonus Law and City Municipal Code. Resolution No. 2009 -2828 Page 4 EXHIBIT B DOWNTOWN SPECIFIC PLAN AMENDMENT NO. 2 SECTIONS 2.2.3 (2) AND 2.3.3 2.2.3 Residential Planned Development (RPD) 2. Development Requirements The density range in the Residential Planned Development area has been established to encourage lot consolidation and redevelopment of under - developed or declining properties. Density bonuses may be granted by the City Council for a housing development anywhere in the RPD areas in accordance with provisions of California Government Code Section 65915 et seq. and Chapter 17.64 of the Moorpark Municipal Code. Section 2.3.3 Lot Consolidation and Incentives allows the increased density under certain standards and conditions. 2.3.3 Lot Consolidation and Incentives The maximum density in the High to Very High Density Residential areas can only be achieved when lot consolidation occurs. On the Specific Plan Zoning Map, Figure 6, those areas are zoned RPD 7 — 14 dwelling units per acre. Lot consolidation allows for greater flexibility in site design, potential for reduction in the number of driveways serving the consolidated property and opportunities to more quickly improve a neighborhood. Density bonuses which are granted must be consistent with the requirements of Chapter 17.64 of the Moorpark Municipal Code and the California Government Code 65915 et seq. Without lot consolidation, the density bonus in the RPD 7 -14 dwelling units per acre zones will be calculated at 7 du /ac. With lot consolidation, the density bonus will be calculated at 14 du /ac. (The remainder of this section is proposed to be deleted since it conflicts with the amendment to the Zoning Ordinance.) Resolution No. 2009 -2828 Page 5 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, Assistant City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2009 -2828 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 17th day of June, 2009, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: Councilmember Millhouse ABSTAIN: None WITNESS my hand and the official seal of said City this 1 st day of July, 2009. Maureen Benson, Assistant City Clerk (seal)