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HomeMy WebLinkAboutORD 221 1996 1204ORDINANCE NO. 221 AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTED AS AN URGENCY MEASURE, IMPOSING A MORATORIUM ON THE ISSUANCE OF NEW PERMITS FOR ALCOHOLIC BEVERAGE SALES IN THE CITY 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 hereby directs the Community Development Department to conduct a study relative to amending Title 17, Zoning, of the Moorpark Municipal Code to provide 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, within a reasonable time. SECTION 3. For the period of time that this ordinance is in full force and effect, no application for a permit to allow alcoholic beverage sales shall be accepted for filing with, or issued or approved by, the City, provided that this prohibition does not apply to the only currently pending application for the sale of alcoholic beverages. SECTION 4. Pursuant to Government Code Sections 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. dst c: \1- m \ord \urg- zon.ord Ordinance No. Page 2 SECTION 5. This Ordinance shall be effective immediately upon its adoption, and shall expire and be of no further force and effect as of January 18, 1997, unless sooner extended after notice pursuant to Government Code Section 65090 and a public hearing. SECTION 6. 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 section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 7. 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 that purpose. PASSED AND ADOPTED by i City Council this 4th day o ATTEST: Lillian Hare City Clerk dst c: \1- m \ord \urg- zon.ord ss than a four - fifths vote of the ?tuber, 1996.4 r of the Citf of Moorpark, California 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 certif under penalty of perjury that the foregoing Ordinance No. �21 was adopted by the City Council of the City of Moorpark at a meeting held on the 4th day of DECEMBER , 1996, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS EVANS, PEREZ, RODGERS TEASLEY, WOZNIAK AND MAYOR HUNTER NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 6th day of DECEMBER 1996. X illian are, City Clerk PAUL W. LAWRASON JR. JOHN E. WOZNIAK ELOISE BROWN PATRICK HUNTER BERNARDO M. PEREZ Mayor Mayor Pro Tem Councilmember Councilmember Councilmember