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HomeMy WebLinkAboutORD 195 1994 0921 Carlsberg Specific PlanORDINANCE NO. 195 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING ORDINANCE NO. 189 TO ADD ARTICLE 19 "CARLSBERG SPECIFIC PLAN LAND USE REGULATIONS" Whereas, Carlsberg Financial Corporation has filed an application with the City of Moorpark for an amendment to the adopted Carlsberg Specific Plan regulating development of an approximate 488.4 acre landholding located west of the Moorpark Freeway (SR23), east of Spring Road, north of Tierra Rejada Road, and south of New Los Angeles Avenue in the City of Moorpark; and Whereas, the Draft EIR, Zoning Ordinance Amendment and Amendments to the Specific Plan were considered by the Planning Commission and City Council at several public meetings and the City Council public hearing was closed on November 10, 1993; and Whereas, on August 3, 1994, the City Council directed staff to prepare an Ordinance which reflects the issues considered by the Planning Commission and City Council at the duly noticed public hearings, in order to amend the City's Zoning Regulations for the purpose of adopting the' amended Land Use Regulations of the Specific Plan as Zoning for the property; and Whereas, on September 7, 1994, the City Council Certified the Environmental Impact report for and approved the amendments to the Carlsberg Specific Plan; and Whereas, the changes to the Zoning and the Zoning Ordinance as directed by the City Council are for the benefit of the health and welfare of the citizens of Moorpark. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That the modifications to the Zoning designation of the property described in the Amended Carlsberg Specific Plan have been studied in the Amended Carlsberg Specific Plan Subsequent EIR. The Subsequent Environmental Impact Report was certified by the City Council on September 7, 1994. The amendments to the Zoning designation are described in attachment "A" to this Ordinance. SECTION 2. That the modifications to the City's Zoning Ordinance are categorically exempt pursuant to State CEQA Guidelines Section 15061 (b) (3). PP08:18:91110:27&M: \0RD SECTION 3. That the Current Zoning Ordinance No. 189 is hereby amended by adding Article 19 entitled "Carlsberg Specific Plan Land Use Regulations" as enumerated in Section 4 are hereby adopted. SECTION 4. ARTICLE; 19 CARLSBERG SPECIFIC PLAN LAND USE REGULATIONS Sec. 8119 -0 - PURPOSE AND INTENT - The purpose of these regulations is to act as the controlling mechanism of the implementation of development within the Carlsberg Specific Plan area. Implementation of the standards set forth in this section will ensure that future development proceeds in a coordinated manner consistent with the goals and policies of the Carlsberg Specific Plan and the City of Moorpark General Plan. Future review of site plans and other necessary discretionary approvals by the City of Moorpark will ensure the realization of these standards. The following standards apply to development of all residential, business park, commercial, institutional and open space areas. All such development shall conform to the development standards as set forth in the specific plan for the permitted uses. It is recognized that certain development standards generally included as conditions of approval on development permit approvals may not be contained in the City's existing Zoning Ordinance or Subdivision Ordinance. Such items include but are not limited to: onsite lighting standards; fixtures, lumin levels, coverage mounting and pole height; street lighting standards; front yard landscaping; bus shelters; private recreational areas for residential projects; quantities and sizing of trees and shrubs; general review /approval of landscaping and irrigation plans; review and approval of conditions, covenants and restrictions; requirements for homeowner/ property associations; wall and fence style, location and height; rain gutters; yard drains; trash and recycling enclosures; slough wall for slopes adjacent to street rights -of -way and concrete driveways. The City may, at its discretion, condition any subdivision and /or development permit on all such matters. The City zoning ordinance and /or subdivision ordinance shall have effect on all areas, except as specified by the standards contained herein. As the development standards of the Specific Plan are adopted by ordinance, in any areas of conflict between the City's zoning ordinance and /or subdivision ordinance and these provisions, this Specific Plan shall control. where the Specific Plan does not address development standards or provisions, the city's zoning ordinance and /or subdivision ordinance shall control. Any future amendments to the city zoning ordinance and /or subdivision ordinance which are not addressed by the Specific Plan or existing PP08:18:94110:27amA: \0RD Zoning and /or Subdivision Ordinance shall also apply to the specific plan area as applicable. Sec. 8119 -1 - GENERAL PROVISIONS - Terms used in these regulations shall have the same definitions as given in the City of Moorpark Zoning Code unless otherwise defined herein. Because it is infeasible to compose language which encompasses all conceivable situations, the Director of Community Development shall have the power to interpret the regulations and standards contained in the ordinance, when such interpretation is necessitated by a lack of specificity in such regulations and standards. a. Any details or issues not specifically covered in these regulations shall be subject to the regulations of the City of Moorpark Zoning Code. b. These regulations are adopted pursuant to Section 65450 et seq. of the State of California Government Code. It is specifically intended by such adoption that the development standards herein shall regulate all develop- ment within the Specific Plan area. C. All construction and development within the Specific Plan area shall comply with applicable provisions of the Uniform Building Code as amended and the various other mechanical, electrical, plumbing and fire codes related thereto, as well as the City's standards for public improvements in effect at the time of construction of each public improvement. d. Grading plans submitted for all projects in the Specific Plan area shall be based on the city grading ordinance and shall be accompanied by geological and soils engineer's reports which shall incorporate all recommen- dations as deemed appropriate by the City Engineer. The soils engineer and engineering geologist must certify the suitability of a graded site prior to issuance of a building permit. The final grading plan as it reflects development in the specific plan area shall be approved by the City Engineer. e. Planning Areas are defined as each land use area depicted in Exhibit 7, Land Use Plan f. All landscape and /or grading plans shall include provi- sions for temporary erosion control on all graded sites which are scheduled to remain unimproved during the winter months consistent with the applicable City requirements. g. All setbacks are measured from the property line. Page 2/94 Sec. 8119 -2 - GENERAL STANDARDS Sec. 8119 -2.1 - Screening - The following standards shall apply to all development except for single family detached subdivisions, which shall be exempt from screening: a. Parking areas abutting street: A screen such as a hedge, wall or berm, or other similar structure shall be installed along all parking areas abutting any street. Except as otherwise provided below, the screening shall have a maximum height of three and one -half (3 -1/2) feet. b. Where the finished elevation of the property is lower than an abutting property or street, appro- priate landscape screening shall be employed to screen structures /parking areas. C. A screen as referred to above shall consist of one or any combination of the following: 1) Walls, including retaining walls: A wall shall consist of stone, tile or similar type of solid masonry material a minimum of eight (8) inches thick. 2) Berms: A berm shall be constructed of earthen materials and it shall be landscaped. A berm shall be a minimum of three (3) feet high. 3) Fences: A fence shall be constructed of materials having a nominal thickness of one (1) inch. Wrought iron or chain link fencing will not be permitted for screening purposes. (See design guidelines for acceptable materials.) d. Mechanical equipment: Roof - mounted mechanical equipment shall be screened from view with materials finished to match material and colors in the roof and building. In some cases screening from view from freeway, adjacent roadways or surrounding development may not be practical. Sec. 8119.2.2 - Landscaping - The following standards shall apply to all development except, however, single family detached subdivisions not having common areas shall be exempt. Landscaping, consisting of evergreen or deciduous trees, shrubs, or groundcover, shall be installed and permanently maintained subject to the following conditions and standards: Page• - 4 2/96 a. Separation: Any landscaped area shall be separated from an adjacent vehicular area by a wall or concrete curb at least six (6) inches higher than the adjacent vehicular area. b. All areas to be commonly maintained, as determined by the City, shall be designated as separate lettered lots on subdivision maps. C. Water: Permanent automatic watering facilities with water sensors shall be provided for all land- scaped areas. This system may be augmented by drought- resistant vegetation. d. Maintenance: All landscaping shall be permanently maintained in a neat, clean and healthful condi- tion. e. Landscape Plan: Prior to the issuance of a build- ing permit, detailed landscape and irrigation plans prepared by a registered landscaped architect, shall be submitted to, reviewed and approved by the Director of Community Development. The plan shall provide for substantial screening and breakup of parking areas, as well as buffering the structural elevations. Failure to maintain all landscape materials and irrigation systems in a permanently healthy and functional manner shall constitute a violation of the city's zoning ordinance. Upon completion of the project and prior to the issuance of a Certificate of Occupancy, the registered landscape architect shall submit a letter of certification to the city stating the landscape and irrigation system have been installed per the approved plans. All landscape and irrigation designs shall meet all current city standards and codes. The detailed landscape plans shall include the specific palette recommendations and require- ments for the area. All landscape and irrigation plans shall incorporate drought - tolerant plant material and water efficient irrigation systems. Sec. 8119.3 - SINGLE FAMILY - AREAS A, B and D Sec. 8119.3.1 - Purpose and Intent - These single family residential planning areas are intended to provide for the development and maintenance of medium density residential neighborhoods offering detached dwelling units. These regulations allow for a variety of residential uses, and community facilities and accessory uses which are complementary to and harmonize with such neighborhoods. Pagk- - - 2/96 It is the intent of these regulations to set standards which can be applied in response to individual community needs and to encourage innovative community design. This use category allows for a maximum density of 3.7 dwelling units per gross acre in Planning Area A and 3.0 dwelling units per gross acre in Planning Areas B and D. Sec. 8119 -3.2 - Permitted Uses a. Conventional subdivisions of detached single family residential dwellings (one dwelling per building site) b. Open space uses C. Public facilities d. Public utility buildings and structures e. Public or private parks Sec. 8119 -3.3 - Conditional Uses (subject to Conditional Use Permit) a. Communication, transmitting or relay facilities b. Churches, temples, and other places of worship C. Fire and police stations d. Any other use which the Director of Community Development finds consistent with the purpose and intent of this category Sec. 8119 -3.4 - Accessory Uses and Structures a. Fences, walls and patios b. Garages C. Greenhouses (non - commercial) d. Private recreation facilities, including but not limited to passive parks, swimming pools accessory to a primary residential use, tennis courts, putt- ing greens, lakes, and trails e. Other accessory uses which are clearly incidental to permitted uses and for the exclusive use of residents of the site. Peae 2/94 Sec. 8119 -3.5 - Site Development Standards a. Height of all buildings: 35 feet maximum measured from the grade of the slab. b. Setbacks measured from property line: 1) Front: 20 feel. 2) Side: a) Interior: 5 feet minimum. For lots over 70 feet in width; sum of side yards must equal 15 percent of lot width. For the second story of a dwelling with windows; 10 feet minimum. b) Exterior: Same as interior lots except reverse corner lots; 20 feet on street side. 3) Rear: 20 feet 4) Special: Area D - Perimeter housing to be built overlooking Spring Road shall be limited to one - story; except, two -story construction shall be permitted provided additional set- back from top of slope achieves the same roof profile as one -story with normal set- back. C. Minimum lot size: 6,000 square feet d. Minimum lot width: 65 feet at setback line in Area D. 55 feet at setback line in Areas A and B. e. Parking standards: Pursuant to the City of Moor- park Zoning Code. f. Animal Regulations: Same as required for R -1 and the City's Zoning Ordinance. Sec. 8119 -4 - SINGLE FAMILY - AREA C Sec. 8119 -4.1 - Purpose and Intent Area C residential planning area is intended to provide for the development and maintenance of higher density residential neighborhoods offering attached duplex, Paqe - 2/94 detached conventional units or zero lot line patio homes. These regulations allow for a variety of residential uses, and community facilities and accessory uses which are complementary to and harmonize with such neigh- borhoods. It is the intent of these regulations to set basic standards which can be applied in response to individual community needs and to encourage innovative community design. The use category allows for a maximum density of 5.0 dwelling units per acre. Sec. 8119 -4.2 - Permitted Use a. Conventional subdivisions, attached duplex and detached patio /zero lot line single family resi- dential dwellings ,1 or 2 dwellings per building site) b. Open space uses C. Planned Unit Developments (PUD's) including zero - lot line homes and patio homes. d. Public facilities e. Public utility buildings and structures f. Public or private parks Sec. 8119 -4.3 - Conditional Uses (subject to Conditional Use Permit) a. Communication, transmitting or relay facilities b. Churches, temples and other places of worship C. Fire and police stations d. Any other use which the Director of Community Development finds consistent with the purpose and intent of this category. Sec. 8119 -4.4 - Accessory Uses and Structures a. Fences, walls and patios b. Garages C. Greenhouses (non - commercial) Page - - 2/94 d. Private recreation facilities, including but not limited to passive parks, swimming pools accessory to a primary residential use, tennis courts, putt- ing greens, lakes, and trails. e. Other accessory uses which are clearly incidental to permitted uses and for the exclusive use of residents of the site. Sec. 8119 -4.5 - Site Development Standards a. Height of all buildings: 35 feet maximum measured from the grade of the slab. b. Setbacks measured from property line: 1) Front: 20 feet 2) Side: a) Interior: 5 feet minimum. For lots over 70 feet in width; sum of side yards must equal 15 percent of lot width. For the second story of a dwelling with windows; 10 feet minimum. b) Exterior: Same as interior lots except reverse corner lots; 20 feet on street side. 3) Rear: 15 feet C. Minimum lot size: 4,000 square feet d. Minimum lot width: 40 feet at setback line e. Parking standard: Pursuant to Section 9.13.010, Required Off Street Parking, of the City of Moor- park Zoning Code. f. Animal Regulations: Same as for the R -1 residences in the City's Zoning Ordinance. Sec. 8119 -5 - SUB - REGIONAL RETAIL /COMMERCIAL (SR /C) Sec. 8119 -5.1 - Purpose and Intent The sub - regional retail /commercial overlay area is intended to provide for a shopping center featuring both retail and service commercial uses for the convenience of residents of the deve.-opment as well as of the surrounding community. Page 2/94 The physical effects of permitted and conditional uses in this planning area will be limited so that negative impacts, such as noise, odor, glare, visual impacts, and other such effects that could be harmful to life or nearby property, will not be generated. All permitted and conditional uses shall be conducted entirely within a completely enclosed building, and no outdoor storage of supplies, equipment or materials shall be allowed, except for company vehicles, garden centers and other similar uses and as otherwise noted herein. Sec. 8119 -5.2 - Permitted Uses a. Business /Commercial Services (eg., office supply stores, communication services, courier services, etc.) b. Civic Uses C. Commercial Entertainment Uses (eg., theater, meeting hall or other indoor spectator type uses) d. Commercial Recreation Uses (eg., miniature golf, bowling alley, commercial gym) e. Cultural Uses (eg., museums, art galleries) f. Educational Uses (eg., public or private schools, colleges or universities) g. Food Services, including fast -food and full - service facilities h. Minor Repair Service (e.g. T.V. /radio repair) i. Office Uses (e.g. accounting, barbershop) j. Personal Services (eg., architectural, doctors, lawyers, real estate or other professional uses) k. Photographic Reproduction and Graphic Service 1. Public Safety Uses M. Religious Uses /offices n. Retail Sales o. Any other use which the Director of Community Development finds consistent with the purpose and intent of this land use category Page - 2/94 Sec. 8119 -5.3 - Accessory Uses and Structures a. Fences and walls b. Security and construction and storage offices, during construction d. Signs, per the City Zoning Ordinance and an ap- proved Master Sign Program (see page 18). e. Accessory structures or uses the Director of Com- munity Development finds to be consistent with, and subordinate to, a principal use on the same site. Sec. 8119 -5.4 - Site Development Standards a. Height of all buildings: 35 feet (2 stories) measured from the grade of the slab. b. Setbacks measured from property line: 1) Front: 30 feet 2) Side: a) Adjacent to residential lot - 50 feet b) Adjacent to street - 30 feet C) Adjacent to alley - 5 feet d) None of the above - 0 feet 3) Rear: a) Adjacent to Residential lot - 50 feet b) Adjacent to street - 30 feet C) Adjacent to alley - 5 feet d) None of the above - 0 feet C. Parking standards: Pursuant to the City of Moor- park Zoning Code. d. Minimum site landscaping: 10 percent. Page - . - 2/94 Sec. 8119 -6 - BUSINESS PARK (BPS Sec. 8119 -6.1 - Purpose and Intent The business park designation is intended to provide for the development of a wide variety of office, light industrial /assembly, research and development and service uses, which will serve the City of Moorpark and the surrounding communities. In addition, this land use category allows a limited amount of business, commercial, and personal services that directly serve the users and employees of the business park. The business park is intended to provide a high quality business environment which will take advantage of convenient access to the Moorpark Freeway and New Los Angeles Avenue (SR 118/23). The physical effects of permitted and conditional uses in this Planning Area will be limited so that negative impacts, such as noise, odor, glare, visual impacts, and other such effects that could be harmful to life or nearby property, will not be generated. All permitted and conditional uses shall be conducted entirely within a completely enclosed building, and no outdoor storage of supplies, equipment or materials shall be allowed, except for company vehicles and as otherwise noted herein. Sec. 8119 -6.2 - Permitted Uses a. Business /Commercial Services (eg., office supply stores, communication services, courier services, etc.* b. Civic uses C. Clinical services d. Food services in conjunction with the principal use and not open to the public, ie. a cafeteria. e. Light industrial /assembly uses f. Office uses g. Personal services (eg., architectural, doctors, lawyers, real estate or other professional uses)* h. Research and development uses i. Service uses j. Warehousing and storage uses Page - - 2/94 k. Wholesaling 1. Any other use which the Director of Community Development finds consistent with the purpose and intent of this land use category. * Business, commercial and personal service uses combined shall be limited to a total of 50 percent of the gross floor area of structures in the business park. Sec. 8119-6.3 - Conditional Uses (subject to a Conditional Use Permit) a. Commercial recreation uses b. Educational uses C. Food services not in conjunction with the principal use. d. Minor automotive service e. Public utilities f. Religious uses Sec. 8119 -6.5 - Site Development Standards a. Height of all buildings: 35 feet measured from the grade of the slab, however, if the site is to be utilized by one single user the height limit shall not exceed 50 feet measured from the grade of the slab. b. Setbacks measured from the property line: 1) Front: 20 percent of lot width or depth with a minimum of 3C feet. 2) Side: a) Interior: 15 percent of lot width or depth with a minimum of 30 feet b) Exterior: 10 percent of lot width or depth with a minimum of 30 feet 3) Rear: 15 percent of lot width or depth with a minimum of 10 feet C. Minimum lot size: 20,000 square feet d. Minimum lot width: None specified Page - : - 2/94 e. Parking standards: Pursuant to the City of Moor- park Zoning Code. f. Minimum site landscaping: 10 percent g. All other applicable City codes /standards apply. Sec. 8119 -7 - OPEN SPACE (OS) Sec. 8119 -7.1 - Purpose and Intent The open space area is intended to provide for the preservation of natural physical and visual resources in recognition of the environmental and aesthetic value of the area with either public or private ownership. Sec 8119 -7.2 - Permitted Uses (subject to Site Plan Review) a. Open space b. Agricultural uses (subject to Conditional Use Permit approval) C. Pedestrian trails d. Nature preservation and study areas e. Infrastructure service facilities f. Structures and other uses accessory to permitted uses g. Utility easements h. Any other use which the Director of Community Development finds consistent with the purpose and intent of this land use category. Sec. 8119 -7.3 - Site Development Standards Development standards for those uses permitted shall be established by the site plan review process. When uses proposed in the Open Space land use classification are permitted in other land use classifications of the Specific Plan, the development standards in those other applicable classifications shall apply. Sec. 8119 -8 - INSTITUTIONAL (I) Page . - 2/96 Sec. 8119 -8.1 - Purpose and Intent The institutional area is intended to provide for development and maintenance of institutional uses such as a library, museum or similar uses. The physical effects of such uses will be limited so that negative impacts such as; noise, odor, glare, visual impacts and other such effects that could be harmful to life or nearby property will not be generated. Sec. 8119 -8.2 - Permitted Uses Includes public facility uses: government building; museum; library; fire station; non profit organization uses; church; community service center; private or public school; day care facility; health services and hospital; art gallery or similar uses which the Director of Community Development finds consistent with the purpose and intent of this land use. Sec. 8119 -8.3 - Accessory Uses and Structures a. Fences and Walls b. Security and construction and storage offices, during construction C. Signs, per City Zoning Ordinance and the approved Master Sign Program d. Accessory structures or uses the Director of Com- munity Development finds to be consistent with, and subordinate to, a principal use on the same site. Sec. 8119 -8.4 - Site Development Standards a. Height of all buildings: 35 feet (2 stories) measured from the grade of the slab. b. Setbacks measured from property line: 1) Front: 30 feet 2) Side: a) Adjacent to residential lot - 50 feet b) Adjacent to street - 30 feet C. Adjacent to alley - 5 feet d. None of the above - 0 feet Page - - 2/94 3) Rear: a) Adjacent to residential lot - 50 feet b) Adjacent to street - 30 feet C) Adjacent to alley - 5 feet d) None of the above - 0 feet 4) Parking Standards: Pursuant to the City of Moorpark Zoning Code. 5) Minimum site landscaping: 10 percent Sec. 8119 -9 - SPECIFIC PLAN IMPLEMENTATION Sec. 8119 -9.1 - Review Procedures The Carlsberg Specific Plan shall be implemented through the Tentative Map, and Planned Development Review Process. a. Master Tentative Tract Maps - Master Tentative Map(s) or parcel map(s), as applicable, shall be filed to subdivide according to each planning area (the "Lot(s) ") within the specific plan area. Submittal and review requirements shall be as specified in the Subdivision Map Act and the City of Moorpark Subdivision Ordinance and other City ordinances resolutions, policies and regulations. Recorded phased final maps of each Lot within the Master Tentative Tract Maps(s) shall be permitted. Additional tentative tract subdivision maps of the Lots are to be filed subsequent to or concurrent with the Master Tentative Tract Maps. b. Residential Planned Development Review (RPD) - Residential Planned Development Permit approval shall be required for all residential projects within the Carlsberg Specific Plan, in accordance with City's Zoning Code. C. Commercial Planned Development Review (CPD) - Commercial Planned Development Permit approval shall be required for all commercial projects within the 2arlsberg Specific Plan in accordance with the City's Zoning Code. d. Industrial Planned Development Review (IPD) - Pago - • 2/90 Industrial Planned Development Permit approval shall be required for all industrial projects within the Carlsberg Specific Plan in accordance with the City's Zoning Code. Sec. 8119 -9.2 - Administrative ( "Minor ") Modifications to the Specific Plan, Tentative Maps or Development Permits Certain modifications to the specific plan text or tract maps are specifically deemed not to require formal amendments (ie., through public hearing) to the specific plan as originally approved. These are modifications which will not materially affect the overall purpose and intent of the specific plan. Minor variations to development areas will occur through implementation of the specific plan. The following transfer program will serve both the public and the planned development. It will: Minimize City staff, Commission and Council time spent on minor adjustments and technical matters. Set criteria /findings that demonstrate consistency with specific plan goals and objectives. Assure that levels of development throughout the life of the specific plan are consistent with adequacy and provisions of infrastructure and services. Transfer of dwelling units between development areas may be allowed as long as the total number of dwelling units approved (552) is not exceeded. Transfer of acreage between development areas shall be allowed as long as combined developed acreage of the transferring area and the receiving area is not exceeded by more than five percent for each area. The transfer shall be approved based on the following findings: Total dwelling units and development area as approved in the specific plan is not exceeded. Demands on parks, schools and community facilities are not significantly affected. Demands on public Lmprovements and infrastructure are not exceeded. Grading and landform alteration do not significantly differ from that approved by the Pag•: . 2/94 specific plan. The overall design and visual quality of the planned community are not significantly affected. Planning Area Boundaries adjustments will be allowed provided that: Adjustments in the planning area boundaries, which do not exceed a cumulative total of ten percent of the original size in acres, resulting from final road alignments, geotechnical or engineering refinements to the site plan, tentative and /or final tract maps shall not require an amendment of the specific plan where such adjustments are consistent with the intent of the City General Plan and the specific plan. Boundaries not dimensioned on the Land Use Plan shall be established through the final subdivision map process and shall be generally consistent with the exhibits within the specific plan. Any proposed change that is not extensive enough to be considered a substantial or fundamental change in land use relative to the permit, would not have a substantial adverse impact on the surrounding properties, and would not change any findings contained in the environmental document prepared for the permit, shall be deemed a minor modification and be acted upon by the Director of Community Development in accordance with applicable procedures for minor modifications. Sec. 8119 -9.3 - General Provisions - ( "Major") Modifications to the Specific Plan, Tract Maps and Development Permits All amendments shall be consistent with the requirements of California Government Code Sections 65500 et seq. and shall be subject to public notice and other requirements of the Government Code. Any proposed modification not determined to be addressed by Section 8119 -9.2 above and is considered to be a substantial change in land use relative to the specific plan, tract map or permit, and /or would alter the findings contained in the environmental document prepared for the specific plan, tract map or permit, shall be deemed a major modification and /or an amendment and shall be acted upon by the decision - making authority which approved the specific plan, tract map or permit. Pag*. 2/94 Section 5. 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, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. Section 6. This Ordinance shall become effective thirty (30) days after the passage and adoption. Section 7. The City Clerk shall certify the passage and adoption of this Ordinance; shall enter the same in the book of 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 the same to be published once in the Moorpark News, 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, APPROVED AND ADOPTED this 21st day of Sept,. 1994 ATTEST: ate. Paul W. Lawrason, J Mayor Page - ] ` - 2/96 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. ._ 195 _ was adopted by the City Council of the City of Moorpark at a meeting held on the 21st day of Sintem6Pr , 1994, and that the same was adopted by the following vote: AYES:COUNCILMEMBERS MONTGOMERY, PEREZ, WOZNIAK, AND MAYOR LAWRASON NOES: COUNCILMEMBER HUNTER ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 23rd day of September 1994. _ aLl�tc.- Lillian E. Hare City Clerk I i PAUL W. LAWRASON JR PATRICK HUNTER SCOTT MONTGOMERY BERNARDO M PEREZ JOHN E WOZNIAK Mayor Mayor Pro Tem ,ocncdnember Councilmember Concilmember P—recl — Re- aeoe