HomeMy WebLinkAboutORD 232 1997 0604ORDINANCE NO. 232
AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF MOORPARK, CALIFORNIA, ADOPTED AS AN
URGENCY MEASURE, EXTENDING ORDINANCE NO. 222, AN
INTERIM ZONING ORDINANCE, IMPOSING A MORATORIUM ON
THE ISSUANCE OF NEW PERMITS RELATING TO ALCOHOLIC
BEVERAGE SALES IN THE CITY WITH THE EXCEPTION OF
THE DOWNTOWN SPECIFIC PLAN AREA WHERE CERTAIN
STANDARDS CAN BE MET.
THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1: The City Council finds and declares that there
are conflicting State Law, City Zoning Code and City policy
requirements that necessitate amendment of Title 17, Zoning of the
Moorpark Municipal Code to include all State and City regulations
pertaining to the permit and processing requirements for allowing
alcoholic beverage sales in the City.
SECTION 2: The City Council has directed the Community
Development Department to conduct a study relative to amending
comprehensive permit processing requirements for the sale of
alcoholic beverages, consistent with the requirements of State Law.
In connection with said study, the City Council contemplates the
consideration of an amendment to Title 17, Zoning, on June 4, 1997,
however, action will not become final prior to expiration of
Ordinance No. 222.
SECTION 3: For the period of time that this ordinance is
in full force and effect, no application for a permit.relating to
allowing alcoholic beverage sales shall be accepted for filing or
issued for or approved by the City Council, provided that this
prohibition does not apply to pending applications or to
applications relating to on -site permits in conjunction with a
full- service restaurant, applied for within the Downtown Specific
Plan area where the City Council finds that:
(A) An over concentration of alcoholic beverage license or
uses in the area will no- result from the project.
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ordinance No. 232
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(B) The issuance of an alcoholic beverage license will
serve a public convenience.
(C) This project will not create the need for increased
police involvement.
SECTION 4: Applicants within the Downtown Specific Plan
Area shall file an application for Administrative Permit with all
required fees and materials, which shall be processed in accordance
with procedures previously established.
SECTION 5: Pursuant to Government Code Section 36937 and
65858, the City Council hereby finds and declares this Ordinance to
be an urgency ordinance, requiring the immediate enactment thereof,
because there is a current and immediate threat to the public
health, safety or welfare of the City and its citizens and the
processing, approval and issuance of additional permits pursuant to
Title 17, Zoning, of the Moorpark Municipal Code would result in
that threat to public health, safety or welfare. The facts
constituting such urgency and threat are as set forth in Sections
1 and 2 of this Ordinance.
SECTION 6: This Ordinance shall be effective immediately
upon its adoption, and shall expire and be of no further force and
effect as of August 31., 1997.
SECTION 7: 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 effect 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 of 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 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•
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ordinance No. 232
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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 that purpose.
PASSED AND ADOPTED by not ness than a four - fifths vote of the
City Council this 4th day of June, 1997.
ATTEST:
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MOORPARK
' 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 Ordinance No. 232 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 4th day of JUNE , 1997, and that
the same was adopted by the following vote:
AYES: COUNCILMEMBERS EVANS, PEREZ, WOZNIAK AND MAYOR HUNTER
NOES: NONE
ABSENT: COUNCILMEMBER TEASLEY
ABSTAIN: NONE
WITNESS my hand and the official seal of said City
this 10th day of June , 1997.
Lillian E. Hare
PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DEBBIE RODGIMS TEASLEY JOHN E. WOZNIAK
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