HomeMy WebLinkAboutAGENDA REPORT 1992 1021 CC REG ITEM 09AITEM •
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 Cf1y 4�
of
M E M O R A N D U M
TO: The Honorable City Council
FROM: Jaime Aguilera, Director of Community
Prepared by Kathleen Mallory Phipps,
DATE: October 15, 1992 (for the Council's
meeting)
ACTION,
By
Developmenv*z
Associate Planner
October 21, 1992
SUBJECT: PROPOSED ZONE CHANGE FOR THE MCDONALD'S PROJECT SITE
CPD 92 -2, LDM 92 -1, ZC 92 -4
Background:
As the Planning Commission is the approval body for the Commercial
Planned Development (CPD) and Land Division Map (LDM), on October
5, 1992 the Planning Commission approved CPD 92 -2, and LDM 92 -1
contingent upon their adoption of the resolution of approval
scheduled for their meeting of October 19, 1992 and City Council
approval of Zone Change 92 -4. The approved project consisted of the
construction of a 3,597 square foot McDonald's restaurant with
drive -thru and tot lot with outside seating.
Discussion:
On May 13, 1992 the City Council adopted Resolution Number 92 -856
adopting the revised Land Use and Circulation Elements of the
City's General Plan. The land use map in the updated Land Use
Element shows a C -2 designation for the one acre McDonald's site.
The prior land use designation was RPD -15 units per acre.
To achieve consistency between the General Plan land use
designation and the existing RPD zoning on the subject site,
McDonald's Corporation was required to file a Zone Change.
McDonald's Corporation applied for a Zone Change in expectation
that their Zone Change request would be considered by the City
Council prior to City Council consideration of Zone Changes due to
updating of the General Plan.
Recommendations:
1. Open the public hearing and accept public testimony.
2. Make the appropriate findings (Attachment Number 1).
PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNAROO M. PEREZ ROY E. TALLEY JR.
Mayor Mayor Pro Tern Councilmember Councilmember Councilmember
The Honorable City Council
October 15, 1992
Page 2
3. Introduce the attached Ordinance for first reading to approve
Zone Change 92 -4 to change the zoning on the subject site from
RPD -15 units per acre to C -2 (General Commercial).
Attachments:
1. Findings
2. Draft Ordinance
The Honorable City Council
October 15, 1992
Page 3
Attachment Number 1
Zone Change Findings
Based upon the information set forth, it is determined that the
Zone Change request is justifiable in terms of public convenience,
general welfare, and good zoning practice. It has been ascertained
that the project is consistent with the Moorpark General Plan.
ORDINANCE NO.
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.
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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 day of , 1992
Mayor of the City of Moorpark,
California
ATTEST:
Lillian Kellerman
City Clerk
Attachment:
Attachment A, Location Map
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Attachment A
CIOR
A