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HomeMy WebLinkAboutAGENDA REPORT 1997 0219 CC REG ITEM 11AI �', -11. A. ORDINANCE NO. 223 7 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA APPROVING ZONE CHANGE NO.96 -3, CHANGING THE ZONING FOk 655 ACRE SITE REFERRED TO AS VESTING TENTATIVE TRACT NC 4928 TO REVISE THE ZONING FROM RESIDENTIAL PLANNED DEVELOPMENT 1.63 DWELLING UNITS PER ACRE, OPEN SPACE, AND INSTITUTIONAL TO RURAL EXCLUSIVE 5 ACRES WHEREAS, at a dul -y noticed public hearing on February 5, 1997, and a continued public hearing on December 18, 1.996, the City Council considered Zone Change 96 -3 changing the zoning referred to as Vesting Tentative Tract Map No. 4928 for a 655 -acre site located approximatel,, 2,700 feet south of Broadway, with frontage on both Walnut. Canyon Road (State Route 23) to the east and Grimes Canyon Road to the west (Assessor Parcel Nos: 500 -240 -075, 500 - 230 -065, 500 -230- 125, 500 - 230 -015, 500 -- 230 135, 500 230 -095, 50(:'- 230 -115, 500 - 230 -075, 500 -260- 015, 500 - 250 -115, 500 -- 220 075, 500 430 -01.5, i0(:! 430 -025, 500 - 430 -035, 500 -430- 045, 500- 430 -055, 500- -430 065, 500 4;30- ()'71,, )0(: -430 -085, 500- 430 -095, 500 -440- 015, 500- 440 -025, 500 -4.10- 035, 500 440 -045, 50(: 440- -055, 500- 440 -065, 500 -440- 075, 500- 440 -085, 500 -410 095, 500 440- "',_05, -)0( 440 -115, 500- 440 -125, 500 -440- 135, 500 - 440 -145, 500 -41! 155, 500 44)- �h(l,��C 44�1 1 1 -175, 500- 440 185) ; and WHEREAS, the City :'ouncil on December 1995, adopted Resolution No. 95- 1167, certifying the Final. Environmental Impact:. Report. for the Moorpark Country Club Estates Project, i nciudi.ng Vest. ing Tentat i ve Tract 4928, as having been completed in accordance ,Nith the California Environmental Quality Act dCEQA), the CEQA Guidelines, and thF ' "i.ty's CEQP Procedure: and WHEREAS, at a dul,,� noticed public hearing held on November 25, 1996, the Planning Commission considered the Zone Change 96 -3, received and considered public testimony from all those wishing_ to test :if�, closed the public hearing for the project, and adopted i resolut:ior;:recommend nq approval of the zone change; and WHEREAS, after review and consideration of the information contained in Planning Commission Rescluti-on No. PC' 96 329; staff reports, and public and staff testimony; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to the provisions of CEQA (Division 13 of the Public Resource Code of the State of California), the State CEQA Guidelines, and the City's CEQA Procedures, the City Council of the City of Moorpark previously adopted Resolution No.95 1.167; certifying the Final EIR, and Resolution No. 96- 1197 approving an Addendum to the Final EI.R, Mitigation Monitoring Program, Findings, and a Statement: of Overriding Considerations, for the Moorpark Country Club Estates Project. These documents adequately address the environmental effects of reverting the property to the de:- ignitions that previously existed_ SECTION 2. 'The City Council hereby find., that the proposed zone change will be in conformance with the City Genei:al Plan subject to adoption of a resolution adopting General Plan Amendment 161 ?, and City Municipal Code, including Title 17, Zoning SECTION 3. The City Council hereby finds that the approval of this zone change request is in accord with public necessir-,, convenience, general welfare, 000117 ORDINANCE NO. 2,23 Vesting Tentative Tract No. 4928 Moorpark Country Club Estates Page 2 and good zoning practice and that for these reasons it is appropriate and necessary to reclassify the property SECTION 4. The City Council hereby approves the zone change from Residential Planned Development -1.63 Dwelling Units per Acre for a 132.5 -acre area comprised of all residential lots, Open Space -6.4 Acres for the proposed trail staging area lot, Open Space 176 Acres for the east golf course lot, Open Space -314.4 Acres for the west golf c,)urse lots, and Institutional for the well and reservoir lots to Rt.tral. Exclusive- S Acrc SECTION 5. The City Council hereby direct„ staff to amend the City zoning Map to reflect the approved zone change 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 t:: would have adopted this Ordinance and each section, subsection, sentence, clause, phrase; part �_)r portion thereof, irrespective of the fact that any one of more section., subsections, sentences, clauses, phrases, parts or portions be de:lared inval ? or unconstitutional. SECTION 7. This ::)rdinance shall become effective thirty (30) days after its passage and adoption,. SECTION 8. 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 th.t purpose. PASSED AND ADOPTED this 19th day of February, 1997. Patrick Hunter, Mayor ATTEST: Lillian E. Hare City Clerk 0 ��