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HomeMy WebLinkAboutORD 215 1996 0501ORDINANCE NO. 215 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND BOLLINGER DEVELOPMENT INCORPORATED (DEVELOPMENT AGREEMENT NO. 95 -1) WHEREAS, after a duly noticed public hearing on March 4, 1996, the Planning Commission of the City of Moorpark recommended approval of a proposed development agreement (No. 95 -1) between the City and Bollinger Development Incorporated (the "Development Agreement ") for the project commonly known as Moorpark Country Club Estates: General Plan Amendment No. 94 -1, Zone Change No. 94 -1, Vesting Tentative Map No. 4928, Residential Planned Development Permit No. 94 -1, and Conditional Use Permit No. 94 -1 (the "Project "); and WHEREAS, at a duly noticed public hearing on March 20, 1996, and continued public hearings on March 27, April 3, April 10, and April 17, 1996, the City Council of the City of Moorpark has received testimony regarding said Development Agreement; and WHEREAS, the City Council has Agreement and an Addendum to the Final (EIR) certified by the City Council approved the Addendum to the Final considered the testimony presented at reached its decision on the matter. reviewed said Development Environmental Impact Report on December 20, 1996, has EIR on April 17, 1996, has the public hearing, and has NOW, THEREFORE, the City Council of the City of Moorpark, California, does ordain as follows: SECTION 1. The Addendum to the Final EIR for the Moorpark Country Club Estates Project adequately addresses the impacts of the Development Agreement, and pursuant to State California Environmental Quality Act Guidelines, the City Council has reviewed and considered the information contained in the Addendum and Final EIR. SECTION 2. The provisions of the Development Agreement are consistent with the General Plan and City Ordinance No. 59. SECTION 3. The City Council hereby approves Development Agreement No. 95 -1. SECTION 4. Within ten (10) days after the effective date of this ordinance, the City Clerk shall cause a copy of the Development Agreement to be recorded in the office of the County Recorder. 511196 Ordinance No. 215 Page 2 SECTION 5. Upon the effective date of this ordinance, the Director of Community Development shall cause the property that is the subject of the Development Agreement to be identified on the Zoning Map of the City by the designation "DA" followed by the dates of the term of said Agreement. SECTION 6. 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 section, subsections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. SECTION 7. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION B. 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 Star, a daily 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 1st day of May, 1996. 1 Paul W. Lawrason Jr., Ma r ATTEST: Lillian E. Hare City Clerk �G4 511196 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. 215 was adopted by the City Council of the City of Moorpark at a meeting held on the 1st day of MAY , 1996, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS BROWN, HUNTER, PEREZ, WOZNIAK AND MAYOR NOES: LAWRASON NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 6th day of MAY 1996. Lillian E. Hare City Clerk (Seal) PAUL W LAWRASON JR JOHN E WOZNIAK PATRICK HUNTER BERNARDO M PEREZ Mayor Mayor Pro Tem Councilmember Councilmember