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Home My WebLink AboutORD 237 1997 0716ORDINANCE NO. 237 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK AMENDING THE MUNICIPAL CODE BY ADDING SECTION 17.20.060, BY REVISING SUBSECTION A.1.b OF SECTION 17.44.030 AND BY ADDING SUB- SECTION 2.G. TO SECTION 17.44.030 RELATIVE TO CONDITIONAL USE PERMITS AND REQUIRING PERMITS FOR ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES (ZONING ORDINANCE AMENDMENT 97-02). WHEREAS, on November 26, 1996, the City Council adopted Ordinance No. 221 placing a moratorium on the issuance of land use permits for establishments selling Alcoholic Beverages for a period of 45 days and directing the Planning Commission to study Title 17 of the Municipal Code and various state laws which refer to Alcoholic Beverage sales to eliminate any ambiguities and conflicts which may exist; and WHEREAS, on January 15, 1997, the City Council adopted Ordinance No. 222 extending the moratorium pursuant to Government Code Section 65858 (a) ; and WHEREAS, Ordinance No. 232 subsequently extended the moratorium to August 30, 1997; and WHEREAS, the Planning Commission at a duly noticed public hearing on May 12, 1997, conducted a public hearing regarding the proposed Zoning Ordinance Amendment 97 -02, and after review and consideration made a recommendation to City Council; and WHEREAS, at a duly noticed public hearing on June 4, 1997, City Council conducted a public hearing and reviewed and considered the proposed Zoning Ordinance Amendment 97 -02 and continued the proposal to June 18, 1997, and subsequently continued the proposal again to July 2, 1997; and WHEREAS, on July 2, 1997, City Council introduced first reading of Ordinance No. 234, to adopt the proposed Zoning Ordinance Amendment 97- 02; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby finds that the adoption of this ordinance is exempt from California Environmental Review by Section 15061 (b) (3) of the CEQA Guidelines. SECTION 2. The Moorpark Municipal Code is hereby amended by adding to Table 17.020.060 "Alcoholic Beverages, establishments selling beer and /or wine with an eating place" as permitted uses in all commercial and industrial zones with an Administrative Permit and "Alcoholic beverage, nrd234- b.wpdJuly 8, 1997 3:04 PM establishments selling alcoholic beverages other than beer and wine with an eating place" as a permitted use with City Council approved Conditional Use Permit and by adding Note 9. To "Notes for Table 17.20.060," which note shall read as follows: "9. The establishment must be an otherwise permitted or conditionally permitted use in the zone." SECTION 3. The Moorpark Municipal Code is hereby amended by revising subsection A.1. b. of Section 17.44.030 to read as follows: "b. Conditional Use Permit (CUP). A Conditional Use Permit is a permit based on a discretionary decision required prior to initiation of particular uses not allowed as a matter of right. Such permits are subject to site plan review and may be conditioned at the time of approval. The applicant for such a use shall be approved or denied through a public hearing process before the decision - making authority specified in Table 17.20.060. The procedures for notice of the public hearing conduct of the hearing and receipt of testimony shall be as specified in Section 17.44.090. The application may be denied on the basis that the applicant has not met the applicable burden of proof required by subsections A.2 through A.7 of this Section. Prior to approving or denying an application, the decision - making authority shall make written findings based upon substantial evidence in view of the whole record to justify the decision. With the exception of projects initiated by a City agency or department and for Conditional Use Permits for alcoholic beverages, when the City Council is the decision- making authority, the application shall first be reviewed by the Planning Commission. When the Planning Commission is the decision - making authority, its decision to approve or deny the application may be appealed to the City Council pursuant to Section 17.44.090." SECTION 4. The Moorpark Municipal Code is hereby amended by adding subsection A.7 to Section 17.44.030 to read as follows: "7. Additional Standards for Establishments Selling Alcoholic Beverages. If the proposed development is an establishment selling Alcoholic Beverages, the applicant shall have the burden of proving, in addition to the provisions of subsection A.2 of this section, that. a. The use will not result in an over concentration in the area of establishments selling Alcoholic Beverages; b. The use will serve a public convenience; and 0rd234- b.wpolu1y B, 1997 3:04 PM (im los c. The use will not create the need for increased police services. d. The requested use at the proposed location will not adversely affect the economic welfare of the community; and; e. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood. Unless otherwise modified by the City Council, the following conditions shall be imposed on all establishments selling Alcoholic Beverages: (i) the use shall close for business between the hours of 12:00 a.m. midnight and 6:00 a.m.; (ii) for on -sale permits, food service shall be available during all business hours that Alcoholic Beverages are available for sale; (iii) for on -sale permits, a fixed bar shall not be used in connection with the on- premises consumption of Alcoholic Beverages, unless it has been approved as part of the Conditional Use Permit." SECTION 5. Pursuant to Government Code Sections 36937, the City Council hereby finds and declares this Ordinance to be an urgency ordinance, requiring the immediate enactment thereof, for the immediate preservation of the public peace, health, or safety, since delay of enactment of this ordinance would jeopardize the economic vitality and viability of commercial areas within the City and areas not economically viable will have a detrimental effect on the ability of the City to finance governmental services. SECTION 6. This ordinance supersedes Ordinance No. 232, an Interim Zoning Ordinance extending a moratorium on the issuance of new permits relating to alcoholic beverage sales in the City. SECTION 7. This Ordinance shall be effective immediately upon its adoption and shall expire upon the date Ordinance No. 234 becomes law. SECTION 8. 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 Ord234- b.wpdJuly 9, 1997 1:41 PM V :L09 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 9. 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 the purpose. PASSED AND ADOPTED by not less than a four - fifths vote of the City Council on July 16, 1997. Attest: Lillian E. Hare, City Cler OW344wpdJuly 8, 1997 3:04 PM VUU1.10 MOORPARK 1 799 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. 237 was adopted by the City Council of the City of Moorpark at a meeting held on the 16 day of July , 1997, and that the same was adopted by the following vote: AYES: Councilmembers Evans, Perez, Teasley, Wozniak.& Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 17 day of July 1997. illian E. Hare City Clerk PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DEBBIE RODGERS TEASLEY JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Councilmember