HomeMy WebLinkAboutORD 234 1997 0716ORDINANCE NO. 234
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK
AMENDING THE MUNICIPAL CODE BY ADDING SECTION 17.20.060,
BY REVISING SUBSECTION A.l.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.
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.
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, establishments selling alcoholic beverages
other than beer and wine with an eating place" as a permitted use
with City Council proved 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:
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"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
c. The use will not create the need for increased police
services. '
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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."
APPROVED AND ADOPTED
Attest:
Lillian E. Hare
ORD604- LATWuly 3, 1997 4:13 PM
0003.70
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. 234 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.
Lillian E. Hare
City Clerk
PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DEBBIE RODGERS TEASLEY JOHN E. WOZNIAK
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember