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HomeMy WebLinkAboutORD 209 1995 1018ORDINANCE 209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE SECTION NO. 17.20.060 TO ALLOW AU`T'OMOBILE SERVICE STATIONS IN INDUSTRIAL ZONES Whereas, on May 17, 1995, the City Council authorized the initiation of proceedings to consider amendments to revise the Zoning Ordinance for the purpose of considering revisions to Section 17.20.060 (Permitted Uses in Commercial and Industrial Zones) of the Municipal Code to allow automobile service stations in industrial zones and directed the Planning Commission to study, set a public hearing, and provide a recommendation to the City Council; and Whereas, the Planning Commission at a duly noticed public hearing on June 26, 1995 opened the public hearing, took testimony and closed the public hearing and adopted Resolution PC -95 -310 recommending that the City Council make modifications to the City's Zoning Ordinance in order to allow automobile service stations in industrial zones; and Whereas, the City Council opened the public hearing on September 20, 1995 and continued the public hearing to October 4, 1995; and Whereas, pursuant to Government Code Section 65857, the City Council remanded the matter to the Planning Commission; and Whereas, the Planning Commission considered the new alternative as proposed by the City Council; and Whereas, on September 25, 1995, the Planning Commission adopted Resolution PC -95 -311; and Whereas, the City Council closed the public hearing on October 4, 1995; and Whereas, the City Council determined that the modifications to the City's Zoning Ordinance is categorically exempt pursuant to State CEQA Guidelines Section 15061 (b) (3) in that the proposed amendments to the Zoning Ordinance does not have the potential for causing a significant effect on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: ASG SECTION 1. That the modification to the City's Zoning Ordinance is categorically exempt pursuant to State CEQA Guidelines Section 15061 (b) (3). SECTION 2. That Section 17.20.060 of the Moorpark Municipal Code to allow automobile service stations in industrial zones is hereby amended as found in Section 3. SECTION 3. 17-20 -060 Permitted uses in commercial and indtisttial zones. Permitted uses in commercial and industrial zones are set out in Table 17.20.060. Note: All uses located in the M -I and M -2 zones which at the property line are adjacent to residentially zoned prop- erty sha11 require a city council - approved conditional use permit prior to occupancy of the building. The key for Table 17.20.060 is as follows: (Blank) Not permiaed 0 Permitted by zone clearance O Planning commission - approved planned development permit 13 City council - approved planned development parrs t O Planning commission- approved conditional use permit City council - approved conditional use permit Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES SECTION 4. 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, 2 00011S,"? C2 CO Cl CPD M1 M2 I Airfields and landing pads and strips, private O O O Airports - O O Amusement and r creadonal facilities (sec definitions) • O Amusement parks and carnivals O O Arcades O O Batting cages and golf driving ranges, indoor O O Bicycle racing tracks, outdoor O O Health club/gymnasium (see definitions) O 0 O Martial arts and dance studios • A O Motion picture theaters, outdoor (drive -in) O O Racetracks (for motorized vehicles), shooting ranges and stadiums PROHMMD An galleries, museums and botanical gardtns _O _ O Automobile service stations ! r O O Note: Automobile service stations in the M -1 and M -2 Industrial zones with a Planning Commission approved Conditional Use Permit are allowed, if the subject property has frontage on Los Angeles Avenue, New Los Angeles Avenue, or Spring Road. SECTION 4. 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, 2 00011S,"? subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 5. This Ordinance shall become effective thirty (30) days after the passage and adoption. SECTION 6. The City Clerk shall certify to 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 18th day ofOCTOBE� 1995. ATTEST: Lillian E. Hare City Clerk Paul W. La ason, Jr. Mayor 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. 209 was adopted by the City Council of the City of Moorpark at a meeting held on the 18th day of OCTOBER , 1995, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS HUNTER, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: COUNCILMEMBER PEREZ ABSTAIN: NONE WITNESS my hand and the official seal of said City this 19th day of OCTOBER , 1995. Lillian E. Hare City Clerk PAUL W. LAWRASON JR. BERNARDO M. PEREZ PATRICK HUNTER SCOTT MONTGOMERY JOHN E WOZNIAK Mayor Mayor Pro Tern Councilmember Councilmember Councilmember