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Home My WebLink AboutAGENDA REPORT 2003 0917 CC REG ITEM 10NITEM 10-N' ,gym MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council Barry q Bar K. Hogan Communit Development Director` /j� FROM: , Y Prepared By: Laura Stringer, Senior Management Analyst DATE: September 2, 2003 (CC Meeting of 09/17/2003) 0 SUBJECT: Consider Resolution Repealing Resolution Nos. 95 -1135 and 97 -1346, Pertaining to Certain Entitlement Permit Review Processes BACKGROUND /DISCUSSION Resolution No. 95 -1135 was adopted by City Council on June 21, 1995, to clarify the review authority for entitlement permits. Resolution No. 97 -1346 was adopted by City Council on July 2, 1997, amending Resolution No. 95 -1135 to specifically address Conditional Use Permit applications for alcoholic beverage sales. On September 3, 2003, the City Council introduced Ordinance No. 297 for first reading, and scheduled second reading and adoption for the meeting of September 17, 2003. Ordinance No. 297 is a comprehensive amendment to Zoning Code Chapters 17.20, 17.28, 17.44, 17.60 and 17.68 and clearly defines the approval authority of City Officials for land -use entitlement permits. Upon the effective date of Ordinance No. 297, Resolution Nos. 95 -1135 and 97 -1346 are no longer necessary and should be repealed. STAFF RECOMMENDATION Adopt Resolution No. 2003- F repealing Resolution Nos. 95- 1135 and 97 -1346, to become effective upon the effective date of Ordinance No. 297. Attachments: 1. Draft Resolution Repealing Resolution No. 95 -1135. 2. Resolution No. 95 -1135. 3. Resolution No. 97 -1346. S: \Community Development \DEV PMTS \Z O A \2002 \05 Entitlement \Staff Reports \CC 030917 repeal.doc 000149 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, REPEALING RESOLUTION NOS. 95 -1135 AND 97 -1346, PERTAINING TO CERTAIN ENTITLEMENT PERMIT REVIEW PROCESSES WHEREAS, on June 21, 1995, the City Council adopted Resolution No. 95 -1135 to clarify the approval authority for entitlement permits contained in various chapters of the Zoning Code; and . WHEREAS, on July 2, 1997, the City Council adopted Resolution No. 97 -1346, amending Resolution No. 95 -1135 to clarify the review procedures for Conditional Use Permits involving the sale of alcoholic beverages; and WHEREAS, on September 17, 2003, the City Council adopted Ordinance No. 297, comprehensively amending Chapters 17.20, 17.28, 17.44, 17.60 and 17.68 of the Zoning Code relating to entitlement permit processing; and WHEREAS, Ordinance No. 297 clearly defines the permit review authority and permit review processes to be performed by City Officials for land -use entitlements; and WHEREAS, with the adoption of Ordinance No. 297, Resolution Nos. 95 -1135 and 97 -1346 are no longer applicable to the entitlement permit approval process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. CITY COUNCIL REPEAL: The City Council hereby repeals Resolution Nos. 95 -1135 and 97 -1346 in their entirety, to become effective upon the effective date of Ordinance No. 297. CC ATTACHMENT 1 000150 RESOLUTION NO. Page 2 SECTION 2. CITY CLERK CERTIFICATION AND FILING: The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this 17th day of September, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 000151 RESOLUTION NO. 95-1135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,CALIFORNIA, ESTABLISHING CERTAIN PERMIT APPROVAL PROCESSES TO BE PERFORMED BY CERTAIN CITY OFFICIALS; AND THE REPEALING OF REOLUTION NO. 88 -523 Whereas Resolution No. 88 -523 ;prescribes the city officials that approve various permits; and Whereas, the City Council as well as the staff have recommended changes to said approval authority; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOW;: Section 1. Resolution No 88 -523 i's hereby rescinded. Section 2. Major ModificzEtions shall be approved or disapproved by the approving authority granting the original approval or an appeal thereof, and be processed as prescribed by the Zoning Code. Section 3. Where a City Cciuncil approved entitlement has not been inaugurated in two years oz more, and a Major Modification to that entitlement is filed prior to the expiration of the entitlement or any extension thereto, the Modification shall first be reviewed by the Planning Commission who shall forward a recommendation to the City Council r the= manner stipulated by the Zoning Code. Section 4. When the City Council is cited as the approving authority, the Planning Commiss_-cn shall first review the application and shall make appropriate recommendations to the City Council in a manner as prescribed �y the Zoning Code. Approval or disapproval shai., to perfc}rmed by the following city officials: ENTITLEMENT APPROVING AUTHORITY a. General Plan Adoption. City Council b. General Plan Amendmen•= City Council C. Zoning Code Adopt ion /Amen ITIE'rlt. City Council d. Zone Change City Council jra /res88523.sr CC ATTACHMENT 2 000152 e. Residential Planned Development Permits f. Commercial Planned Development Permits g. Industrial Planned Development Permits Planning Commission for proposals of four units or less; City Council for proposals of more than four units. Planning Commission for proposals of less than 20,000 square feet of gross floor area; City C o u n c i l f o r Proposals of 20,000 square feet or more of gross floor area. Planning Commission f c r proposals containing less than 20,000 square feet of gross floor area for all buildings involved; City Cc,unc i 1 f or proposals of 20,000 square feet or more of gross floor area f 01- all buildings involved. Note: For f. and g. above, all 1,sw construction, regardless of gross floor area size that is wi-h.in three hundred feet (300' ) of a residential zone or use shall. require City Council approval. h. Administrative ClearancF D i r e c t o r o f C (.) m m u n i t y Development. i. Planning Commission Conditional Use Permit j. Tentative and Final Tract Map k. Parcel Map and Parcel Map Waiver jra /res88523.sr Planning Commission. City Council. Planning Commission. 000153 1. Lot Line Adjustment and Lot Consolidation M. Minor Modification D i r e c t o r o f C o m m u n i t y Development. D i r e c t o r o f Community Development. PASSED, APPROVED, AND ADOPTED rV h1..s 21St day of JUNE of 1995 Z t Paul. W. rason Jr., ayor ATTEST: jra /res88523.sr 000154 MOO RPARK 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 Resolution No. 95 -1135 was adopted by the City Council of the City of Moorpark at a meeting held on the 21st day of JUNE _. , 1995, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this WITNESS day of JUNE 1995. e X4. 0 Lillian E. Hare City clerk PAUL W. LAWRASON JR. Mayor BERNARDO M. PEREZ Mayor Pro Toni PATRICK HUNTE ' SCOTT MONTGOMERY Councilmembr. ( ouncilmember JOHN E. WOZNIAK Council ryY07 ) vsS RESOLUTION NO. 97 -1346 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RESCINDING RESOLUTION NO.95 -1170 SETTING FORTH PROCEDURES FOR THE PROCESSING OF APPLICATIONS FOR ALCOHOL SALES, RESCINDING PREVIOUS CITY COUNCIL POLICY NO. 35 RELATING TO FOOD SERVICE AND LIQUOR SALES GUIDELINES, ADOPTED APRIL 19, 1989, AND AMENDING RESOLUTION NO. 95 -1135 TO PROVIDE AN EXCEPTION FOR PLANNING COMMISSION REVIEW AND RECOMMENDATIONS OF CONDITIONAL USE PERMITS FOR SALE OF ALCOHOLIC BEVERAGES. Whereas, on July 2, 1997, the City Council introduced for first reading an ordinance establishing permit processes for businesses selling alcoholic beverages; and Whereas, Ordinance No. 234 replaces and supersedes the requirements of Resolution No. 95 -1170 setting forth procedures for the processing of applications for alcohol sales and also replaces and supersedes the requirements and conditions set forth in previous City Council Policy No. 35 relating to Food Service and Liquor Sales Guidelines; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Resolution No 95 -1170 setting forth procedures for the processing of applications for alcohol sales and previous City Council Policy No. 35 relating to Food Service and Liquor Sales Guidelines are hereby rescinded effective with the effective date of Ordinance No. 234 SECTION 2. The first paragraph of Section 4 of Resolution No 95 -1135 establishing certain permit approval processes shall be amended as follows: Except for Conditional Use Permits for the sale of alcoholic beverages, when the City Council is cited as the approving authority, the Planning Commission shall first review the applications and shall make the appropriate recommendations to the City Council in the manner as prescribed by the Zoning Code. CC ATTACHMENT a:\ OFFICE\ WPWIN \WPDOCS \CCRPTS \ZOA9702.RES9:52 am 060jL56 JULY 2, 1997 PAGE 2 PASSED, APPROVED, AND ADOPTEI Attest: C:\ OFFICE\ WPWI N \WPDOCS \CCRPTS \ZOA9702.RES9:52 im 000157