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
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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.
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