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HomeMy WebLinkAboutAGENDA REPORT 1997 0416 CC REG ITEM 11AITEM 11. A . ORDINANCE NO. 226 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO. 96 -1 CHANGING THE ZONING ON A FOUR ACRE PARCEL LOCATED CONTIGUOUS WITH THE SOUTHWEST QUADRANT OF MISSION BELL -PHASE 2 (ASSESSOR'S PARCEL NO. 511- 14 -13) FROM R -1 -8 (SINGLE FAMILY RESIDENTIAL 8,000 SQUARE FOOT MINIMUM) TO CPD (COMMERCIAL PLANNED DEVELOPMENT) ON THE APPLICATION OF A. DEEWAYNE JONES, D.D.S. Whereas, at a duly noticed hearing on February 10, 1997, the Planning Commission recommended to the City Council that the zoning for the entire parcel of land be changed from R -1 -8 (Single Family Residential 8,000 square foot minimum) to CO (Commercial Office) rather than CPD (Commercial Planned Development) as the CO Zone would provide a suitable location for offices and services of a professional, clerical or administrative nature and as such would serve to limit more intense uses on the land that may not be compatible with the residential properties located adjacent to the property; and Whereas, at a duly noticed hearing on March 5, 1997, the City Council considered Zone Change No. 96 -1 for changing the zoning on a four acre parcel located contiguous with the southwest quadrant of Mission Bell Phase 2 (Assessor's Parcel No. 511- 14 -13); and Whereas, the City Council opened public hearing on March 5, 1997 and closed the public hearing on March 19, 1997; and Whereas, after review of the information in the Planning Commission and City Council Staff Reports and public and staff testimony, has made a decision regarding the Zone Change. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council determined that Zone Change No. 96- 1 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; and SECTION 2. The City Council hereby finds that the proposed Zone PP12:06:99 110:13amA: \CC.0RD 1 000174 Ordinance for Zone Change No. 96 -1 on the application of A. Deewayne Jones, D.D.S Page No. 2 Change will be in conformance with the City's General Plan subject to adoption of a Resolution approving General Plan Amendment 96 -2 and City Municipal Code, including Title 17, Zoning. SECTION 3. The City Council hereby finds that approval of this Zone Change request is in accord with public necessity, convenience, general welfare, and good zoning practice and that for those reasons it is appropriate to reclassify the property to CPD (Commercial Planned Development). SECTION 4. The City Council hereby approves Zone Change No. 96 -1 from R -1 -8 (Single Family Residential 8,000 square foot minimum) to CPD (Commercial Planned Development) on a four acre parcel located contiguous with the southwest quadrant of Mission Bell Phase 2 (Assessor's Parcel No. 511- 14 -13). SECTION 5. The City Council hereby directs staff to amend the City Zoning Map to reflect the approved zone change. SECTION 6. 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, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 7. This Ordinance shall become effective thirty (30) days after the 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, PP12:06:99 110:13amA: \CC.ORD 2 0001,73 -- Ordinance for Zone Change No. 96 -1 on the application of A. Deewayne Jones, D.D.S Page No. 3 a 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 19th day of March, 1997. Patrick Hunter, Mayor ATTEST: Lillian E. Hare City Clerk PP12:06 :99 110:13amA:`CC.OPD 3 1 0001.7(-