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HomeMy WebLinkAboutORD 144 1991 1003ORDINANCE NO. 144 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO. Z -90 -2, AN APPLICATION SUBMITTED BY WESTLAND COMPANY WHEREAS, an application was submitted by Westland Company for Zone Change No. Z -90 -2 to rezone an approximately 35.4 -acre site from R -1 -13 to RPD -13.0 (for 13.5 acres included within Tentative Tract Map 4738) and RPD -5.3 (for 21.9 acres included within Tentative Tract Map 4726) consistent with attached Exhibit A; and WHEREAS, at a duly noticed public hearing held on July 17, 1991, and at continued meetings on July 24 and August 7, 1991, the City Council considered the applications filed by Westland Company requesting approval of Zone Change No. Z -90 -2 and General Plan Amendment No. GPA -90 -1, Tentative Tract No. 4726 and related RPD Permit 90 -4 (To allow a 119 -lot subdivision of a 21.9 -acre site) and Tentative Tract No. 4738 and related RPD Permit Nos. 90 -2 and 90 -3 (to enable development of 175 multifamily units on a 13.5 -acre site) on land presently zoned R -1 -13 located south of Los Angeles Avenue in the vicinity of Maureen Lane and Goldman Avenue in Moorpark, California (Assessor's Parcel Numbers 506- 030 -135, 145, 155, 165 and 180); and WHEREAS, at duly noticed public hearings held on February 19, April 1, and June 3, 1991, the Planning Commission considered the adequacy of the Draft Environmental Impact Report (EIR) and the application filed by Westland Company requesting approval of the Zone change, received and considered public testimony from all those wishing to testify, closed the public hearing for the Draft EIR on April 1, and adopted a resolution recommending certification of the EIR on April 15, and closed the public hearing for the project on June 3 and adopted a resolution recommending approval of the zone change on June 17, 1991; and WHEREAS, the City Council has reviewed and considered the information contained in the staff report dated July 17, 1991, and the Final Environmental Impact Report prepared for the proposed project; and WHEREAS, at its meetings of July 17 and July 24, 1991, the City Council opened the public hearing, received and considered public testimony, and reached its decision on the application at a continued meeting on August 7, 1991; and WHEREAS, at the August 7, 1991 City Council meeting, the applicant accepted condition 67(b) of Tentative Tract No. 4726, condition 45(b) of RPD Permit No. 90 -4, condition 74(b) of Tentative Tract No. 4738, and condition 59(b) of RPD Permits Nos. 90 -2 and 90 -3, and waived any nexus objections to these conditions under CEQA and /or the Subdivision Map Act; and 144 Ordinance No. WHEREAS, at its meeting of July 24, 1991, the City Council directed preparation of this ordinance; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resource Code of the State of California), the City Council of the City of Moorpark has adopted a resolution (No. 91 -785) certifying the Final Environmental Impact Report and approving Findings, a Statement of Overriding Considerations and a Mitigation Monitoring Program for the Westland Residential Project. SECTION 2. The City Council hereby resolves that the proposed zone change is in conformance with the Land Use Element of the General Plan. SECTION 3. The City Council hereby finds that the approval of this zone change request is in accord with public necessity, convenience, general welfare, and good zoning practice and that for these reasons it is appropriate and necessary to reclassify the property. SECTION 4. The City Council hereby directs that approval of General Plan Amendment GPA -90 -1 and Zone Change Z -90 -2 are conditional upon full implementation of the Affordable Housing Agreement for the Westland Residential Project. If the terms and conditions of that Agreement are not carried out in full during the implementation of the project, the associated RPD permits shall be rescinded and the City shall institute proceedings to amend the General Plan land use designation and zoning and shall reinstate the prior land use designation (ML: Medium Low density residential, 2.1 -3 dwelling units per acre) and zoning (R -1 -13: Single Family Residential, 13,000 square foot minimum lot size) for the property. SECTION 5. The City Council hereby approves the zone change from R -1 -13 to RPD -13.0 and RPD -5.3 consistent with attached Exhibit A. SECTION 6. The City Council hereby directs staff to amend the City Zoning Map to reflect the approved conditional zone change. SECTION 7. The City Council hereby deems that this ordinance shall take effect 30 days after passage and adoption. Ordinance No. 144 SECTION 8. The City Council hereby directs that the City Clerk (1) shall certify the passage and adoption of this ordinance, (2) shall enter this ordinance in the book of original ordinances of the City of Moorpark, (3) shall make a minute of the passage and adoption of this ordinance in the records and proceedings of the City Council which adopted this ordinance, and (4) shall within fifteen (15] days after passage and adoption, cause this ordinance to be published in a manner described by law. PASSED, APPROVED AND ADOPTED THIS 2nd DAY OF ATTEST: Lillian E. City Clerk erman OCTOBER , 1991. . l� Mayor Attachment: Exhibit A - Map sfowing new zone district boundaries 0 40 millm rel!; tal MOORPARK PAUL W. LAWRASON JR. Mayor BERNARDO M. PEREZ Mayor Pro Tern SCOTT MONTGOMERY Councilmember JOHN E. WOZNIAK Councilmember LILLIAN KELLERMAN City Clerk STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) ss. STEVEN KUENY City Manager CHERYL J.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development JOHN F. KNIPE City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 144 was adopted by the City Council of the City of Moorpark at a meeting held on the 2nd day of OCTOBER , 1991, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS MONTGOMERY, PEREZ, TALLEY, WOZNIAK AND MAYOR LAWRASON NOES: NONE. ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 3rd day of OCTOBER , 1991. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 EXHIBIT A ARTICLE 5 USES BY ZONE Sec. 8105 -0 - PURPOSE - Sections 8105 -4 and 8105 -5 list in matrix form the uses that are allowed under this Chapter. Sec. 8105 -1 - USE OF MATRICES Sec. 8105 -1.1 - The following symbols indicate the type of permit required for uses allowed in each zone(unless otherwise indicated in City Council Resolution No. 86 -276): Not permitted Permitted MPlanning Director - approved Planned Development Permit NO Planning Commission- approved Planned Development Permit -a Planning Director - approved Conditional Use Permit PPlanning Commission- approved Conditional Use Permit City Council - approved Conditional Use Permit City Council- approved Planned Development Permit (ADD.ORD.3759- 1/14/86) (ADD.ORD.3749- 10/29/85) NOTE: Approvals subject to change by City Ordinance Sec. 8105 -1.2 - Uses shown in the matrix legend as "Permitted" require a Zoning Clearance unless exempted under Sec. 8105 -3 below. Sec. 8105 -1.3 - Each use is subject to all of the provisions of this Chapter. Sec. 8105 -1.4 - For the purposes of this Article, any use listed in matrix form which is indented shall be construed as a subheading of the heading under which it is indented. Sec. 8105 -1.5 - Any use requested as an accessory use which is listed in the matrix at Sections 8105 -4 and 8105 -5 as a main use shall be processed in accordance with the indicated requirements of the main use. (AM.ORD.3730- 5/7/85; AM.ORD.3749- 10/29/85; AM.ORD.3810- 5/5/87) Sec. 8105 -1.6 - The abbreviations used in Sections 8105 -4 and 8105 -5 are to be interpreted as follows: agric. - agriculture GFA - gross floor area H. &S.C. - Health and Safety Code prelim.'- preliminary SECTION b'_05_5 � G:�Q C2 rn ri rOn mi m? Propulsion en ins testing Public utility facilities (1) W(D(D Offices onl Service yards Recording studios and sound stn es C ® e Rental and leasing of durable goods Bicycle rental - -. e Repair and recoaditioning services Automobile bodywork' and painting C ® (7I Automobile repair, including component repair Electrical and electronic wachineEZ and equipment (DI Reavy machinery repair, including trucks tractors and buses (D m I Instrument: including musical instruments Office computing and accounting machines Photographic and optical goods Repair of personal goods such as Jewelry, shoes and saddlery a (D e e Restaurants cafes and cafeterias Retail trade see Definitions) 0 0 Christmas tree sales* - e Feed stores Lumber and buildin g materials sale: yards bail order houses nonstore e I Rotor vehicle mobilehome recreational vehicle and boat dealers* e Nurseries Uses and 'structures, accessory See principal use 0101 Outdoor sales and services,' t ors see Definitions 0 0 R air of products retailed Salve a zards, including automobile wrecking yards Service establishments Business (see Definitions I e I e Auction halls not involvinE livestock Disinfecting and exterminating services Q e Exhibits building of I ® (DI Industrial laundries and dry cleaning lants m l Sign painting and lettering shops I ® 0101 Personal see Definitions Si Ens See also Sec-8105-3 and Article 10 0101 0 00 Freestanding off -site advertising signs e Swap sleets CI C C I Taxidermy Transportation services see Definitions) a oI Bus and train teminals C Stockyards, not primarily for fattening or selling livestock Truck storage, overnight * There are specific regulations for this use; see Article 7. (1) See also Sec. 8105 -3. 39