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HomeMy WebLinkAboutORD 453 2017 1004 ORDINANCE NO. 453 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO. 2016-01, FOR A CHANGE OF ZONING FROM COMMERCIAL PLANNED DEVELOPMENT (CPD) AND RESIDENTIAL PLANNED DEVELOPMENT (RPD-7U & RPD-7.5U) TO RESIDENTIAL PLANNED DEVELOPMENT (RPD-9U AND RPD-20U) AND OPEN SPACE (OS) ON 40.53 ACRES ON THE SOUTH SIDE OF LOS ANGELES AVENUE, WEST OF LETA YANCY ROAD, ON THE APPLICATION OF PACIFIC COMMUNITIES BUILDER, INC. WHEREAS, on April 15, 2016, applications for General Plan Amendment No. 2016-01, Zone Change No. 2016-01, Residential Planned Development Permit No. 2016-01, Vesting Tentative Tract Map No. 5882, and Development Agreement No. 2016-01 were filed by Pacific Communities Builder, Inc. for a proposed residential development consisting of 153 single-family homes and 131 detached condominiums on 38.73 acres on the South side of Los Angeles Avenue, west of Leta Yancy Road, with an additional 0.16 acres of street dedication on Leta Yancy Road and 1.64 acres to be conveyed to the City for a separate affordable housing project, for a total of 40.53 acres; and WHEREAS, on August 22, 2017, the Planning Commission adopted Resolution No. PC-2017-620, recommending approval to the City Council of Zone Change No. 2016-01, for a change of zoning from Commercial Planned Development (CPD) and Residential Planned Development (RPD-7U & RPD-7.5U) to Residential Planned Development (RPD-9U and RPD-20U) and Open Space (OS) on 40.53 acres on the south side of Los Angeles Avenue, west of Leta Yancy Road, on the application of Pacific Communities Builder, Inc.; and WHEREAS, at a duly noticed public hearing on September 20, 2017, the City Council considered the agenda report for Zone Change No. 2016-01 and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal, closed the public hearing and reached a decision on this matter; and WHEREAS, on September 20, 2017, the City Council adopted Resolution No. 2017-3626, adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approving General Plan Amendment No. 2016-01 for the project referenced above. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: Ordinance No. 453 Page 2 SECTION 1. Zone Change No. 2016-01 is consistent with the General Plan as amended by General Plan Amendment No. 2016-01 in that the proposed zoning of the project site to Residential Planned Development (RPD-9U and RPD-20U) and Open Space (OS) is consistent with the General Plan land use categories of Very High Residential Density (VH) and Floodway. SECTION 2. The Zoning Map described and referenced in Chapter 17.12 of Title 17, Zoning, of the Municipal Code of the City of Moorpark is hereby amended as shown in Exhibit "A" attached hereto. SECTION 3. 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 4. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 5. 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 written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this 4th day of October, 2017. :42-tle,e-WOSW-74 J, ce S. Parvin, Mayor ATTEST: 0 411•11.1111WVOW, Maureen Benson, City Clerk l a 4111 ' Exhibit A: Zone Change Map , `° ii Ordinance No. 453 Page 3 EXHIBIT A ZONE CHANGE NO. 2016-01 CITY OF MOORPARK,VENTURA COUNTY - 1 ----�- Los Angeles Avenue ; !i J___ TS TTRS - y a cn �1 III I c .. --, '" g ' . 114*'1H, i�-. 1 14 I i S j Y :71:: Y m t .1 , !i e p i, .. —�, e . ' ,-..-... it ! .3 i n - M ,?..„ , , :, , , : ! ' t riRPD-20U I - \ ! LEGEND: --1 "-''F:-''' ter`~? y : ''''' ------1.- ` m RPD-9U �'`y a. RPD-20-U '� OS PROPOSED ZONING Ordinance No. 453 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 453 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 4th day of October, 2017 and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 5th day of October, 2017. Maureen Benson, City Clerk (seal)