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HomeMy WebLinkAboutORD 154 1992 1104ORDINANCE NO. 154 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE (ZC) NO. 92 -4, ON APPLICATION OF MCDONALD'S CORPORATION, ASSESSOR'S PARCEL NUMBER 512- 0- 15 -38. WHEREAS, on May 13, 1992, the City Council adopted Resolution Nos. 92 -855 and 92 -856 certifying the Final Environmental Impact Report and adopting the revised Moorpark Land Use and Circulation Elements of the General Plan and related maps, which changed the General Plan land use designation to C -2 on the aforementioned parcel; and WHEREAS, an application was received from McDonald's Corporation for a change in zone on the aforementioned parcel from RPD (Residential Planned Development) to the C -2 (General Commercial) zone, on a 43,540.20 square foot parcel; and WHEREAS, the Planning Commission considered Commercial Planned Development 92 -2, and Land Division Map 92 -1, at two duly noticed public hearings held on September 21, 1992 October 5, 1992 and after careful consideration recommended approval of the CPD and LDM contingent upon Council approval of Zone Change request 92 -4; and WHEREAS, the proposed zoning is consistent with the General Plan land use designation on the subject site; and WHEREAS, public notice having been given in time, form, and manner, as required by law, the City Council of the City of Moorpark has held a public hearing on October 21, 1992, has received testimony regarding said proposed zone change, has duly considered the proposed project, and has reached its decision; and WHEREAS, the City Council, after careful review and consideration, has determined that the Mitigated Negative Declaration for the McDonald's project and the Environmental Impact Report prepared for the update to the Land Use Element of the General Plan in which environmental impacts associated with the Zone Change were considered, finds that the environmental effects of the proposed zone change will be negligible, and pursuant to Section 15162 of the State CEQA Guidelines, that this body has reviewed and considered the information contained in the report and endorses the reasons which have been given in the staff report on file herein for allowing the occurrence of the Zone Change. KAT- 08- 28- 92(4:46pm)A: \MCDZCRES.CC NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That the official Zoning Map of the City of Moorpark is hereby amended, changing the zone and zone boundaries shown upon a portion of said Zoning Map so that such portion of said Zoning Map shall be as shown on Attachment A, hereto and made a part hereof. SECTION 2. That the zone change is hereby approved, based on the following findings: a. That the proposed zone change is in conformance with the updated Land Use Element of the General Plan. b. That the public necessity, convenience, general welfare, and good zoning practice require that the property be re- zoned. SECTION 3. That this ordinance shall take effect 30 days after the final passage and adoption. SECTION 4. That the City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book or original ordinances of said City, shall make a minute 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 and same to be published once in the Moorpark Mirror New, a weekly 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 4th day of NOVEMBER, 1992 Mayor of t d� City of mod park, California u' ATTEST: i ian, are City Clerk Attachment: Attachment A, Location Map KAT- 08- 28- 92(4:46pm)A: \MCDZCRES.CC V juau. pul1y MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 154 was adopted by the City Council of the City of Moorpark at a meeting held on the 4th day of NOVEMBER , 1992, 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 this PAUL W. LAWRASON JR. Mayor WITNESS my hand and the official seal of said City 5th day of NOVEMBER , 1992. illian E. Hare City Clerk JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E TA[ LEY JR Mayor Pro Tem Councilmember Councilmember Councilmember Printed On Recvcled l'an =r