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HomeMy WebLinkAboutAGENDA REPORT 1997 0618 CC REG ITEM 08A_... ....., .. _. .. ...._._. _ ...,.......-. w. n.... �ro�n�•«a*..., mwe�.[. wnn,amntlMiwtni�i�E�M�IWmWMMnibl ITE g. A • M , TO: The Honorable City Council FROM: Nelson Miller, Director of Community DATE: June 6,1997 (CC meeting of June 18, DAN7 A, i. SUBJECT: ZONING ORDINANCE AMENDMENT NO. 97 -02 TO ESTABLISH PERMIT PROCESSES FROM BUSINESSES SELLING ALCOHOLIC BEVERAGES (CONTINUED FROM JUNE 4, 1997) Existing policies, concerns, and options are identified in the staff report. The conclusion is that it is anticipated that the City Council may wish to retain maximum discretion regarding types of permits and locations, therefore, it is recommended that a Conditional Use Permit process, subject to City Council review, be adopted. At the meeting of June 4, 1997, City Council continued this item, with the public hearing open, with direction to staff to compile a list of options for permit processes for businesses selling alcoholic beverages. On June 4, 1997, City Council also extended the moratorium on the issuance of new permits for alcoholic beverage sales in the City, which was initially established under Ordinance No. 221 on December 4, 1996. The moratorium was extended to June 30, 1997, by Ordinance No. 222, and again extended on June 4, to August 30, 1997, by Ordinance No. 232. No further extensions are allowed. The Zoning Ordinance does not currently establish a specific permit process for review of businesses selling alcoholic beverages. The City has operated under a policy established in 1989 that a request for a liquor license, after the approval of a planned development permit, required either a Major or Minor Modification, depending on the circumstances, which were described in a staff report for the City Council meeting of April 19, 1989. Subsequently Resolution No. 95 -1170 was adopted on December 20, 1995, which required an Zoning Ordinance Amendment No. 97 -02 June 18, 1997 Page 2 Administrative Permit, which would be deferred to City Council for action. This Resolution was in response to legislation (Business and Professions Code, Section 23958.4) which established that the local governing body shall determine that public convenience or necessity would be served by the issuance of a license for sale of alcoholic beverages. The Alcoholic Beverage Control Board (ABC) regulations require that any delegation of that authority be reported to the ABC. The Administrative Permit process was established for the approval of room additions, second story decks, and second units. It only requires notice to property owners within 300 feet of the subject property and also does not have the same permit standards as other permits in the Code. It can be conditioned for compliance with the requirements of the Zoning Code. Since the Government Code requires a Conditional Use Permit process with specified findings for any denial of concurrent sales of beer and wine and motor vehicle fuels, staff had recommended a Conditional Use Permit process for the review of requests for sale of alcoholic beverages. Pursuant to the 1994 legislation, City Council was recommended as the reviewing authority. City Council may delegate the authority for required findings of public convenience or necessity to whomever they would choose. Staff would recommend that the Conditional Use Permit process establishes the most defensible process, if specific circumstances relating to cases may lead the reviewing authority to conclude to deny certain permits. The Code currently provides for Conditional Use Permits approved by the Planning Commission for most conditional uses, while the City Council is the reviewing authority for conditional uses relating to outdoor festivals and sporting events. The Community Development Director is not currently designated as the reviewing authority for any conditional uses, but could be appointed as Zoning Administrator and also be granted authority for certain types of permits, if that was desired. However, that would also require some further amendments to the Code and appeals procedures in order to be consistent with State Planning and Zoning law. Zoa9702.rep 2 Zoning Ordinance Amendment No. 97 -02 June 18, 1997 Page 3 Under the current Zoning Code, utilizing the Planned Development Permit or Administrative Permit process may allow conditions to be placed on permits, but limit options for denial of permits by the City. Council also raised questions regarding the conditions previously specified for sales of alcoholic beverages. Council may wish to address whether these should be continued and whether modification of these conditions should also be granted to another approving authority, or reserved only for City Council. Other conditions, or performance standards such as the requirements relating to a fixed bar and entertainment may also be considered to further distinguish types of permits. However, as mentioned in the previous staff report, requirements relating to entertainment and similar expression may be subject to further review and limitations. Attachment 1 is a summary of the major types of ABC licenses. An examination of this attachment indicates that both grocery stores and "liquor" stores would fall under the same type of ABC Permit. While there are there are different types of permits based upon whether a restaurant is required, what constitutes a restaurant may involve a relatively limited amount of food service. These are issues Council may also wish to consider in providing direction regarding a permit process for the City. Council may want to establish different reviewing authorities or permit processes for various types of ABC licenses. A critical question is whether it is anticipated that some permits may be denied, or conditioned for limitations on the use which are not specified in the Code. In such cases, a Conditional Use Permit process is recommended. If uses are essentially allowed, but may be conditioned to address specified limitations, such as hours of operation, then an Administrative Permit or modification to a Planned Development Permit may be more appropriate. However, Administrative Permits provide for notice only property owners within 300 feet, whereas other permits provide notice to property owners within 1,000 feet and Minor Modifications typically do not require any notice to surrounding property owners. If specified conditions, such as hours of operation are retained, then there may be a desire to delegate reviewing authority to either the Planning Commission or the Community Development Zoa9702.rep 3 Zoning Ordinance Amendment No. 97 -02 June 18, 1997 Page 4 Director. For example, off -sale permits (grocery stores, liquor stores, automobile service stations, etc.) could be considered as essentially allowed if closed by midnight, and therefore allowed with an Administrative Permit, subject to approval by the Community Development Director. Likewise, on -sale permits, with a restaurant, could also be considered in a similar fashion. However, as mentioned above, what constitutes a restaurant may be open to some interpretation. For Conditional Use Permits, the Planning Commission considers most other conditional uses and so the reviewing authority could be delegated to the Planning Commission, with a Conditional Use Permit, as recommended by the Planning Commission. Some jurisdictions also allow alcoholic beverage sales as a permitted use, without restrictions. Another option would be to require a Conditional Use Permit for properties within 300 feet of a residential zone or use. Use on properties more than 300 feet from a residential zone could be permitted, or subject to different permit processes such as an Administrative Permit, with specified conditions. However, the majority of properties within the City are within 300 feet of residential zones or uses. Therefore, the more restrictive permit would apply in most cases. At their meeting of May 12, 1997, Planning Commission did discuss delegating authority for these decisions and did recommend that the Planning Commission be the reviewing authority. The issue of other delegation and permit processes were also discussed by the Planning Commission, so this item would not need to be referred back to the Planning Commission, since they have already considered alternatives and provided a recommendation. Also, in consideration of the moratorium expiring on August 30, 1997, Council would need to provide direction in order to have first reading by the July 2, 1997, City Council meeting, in order for the ordinance to become effective by normal processes prior to the expiration of the moratorium. • • 613Me Since, it is anticipated that the City Council may wish to retain maximum discretion regarding types of permits and locations, it is recommended that a Conditional Use Permit process, subject to City Council review, be adopted. If desired the fee schedule could ke amended to provide for a reduction of the deposit when such Zoa9702.rep 4 Zoning Ordinance Amendment No. 97 -02 June 18, 1997 Page 5 applications are filed concurrently with the Planned Development Permit for initial development. A copy of the June 4, 1997, staff report is attached which included copies of the various documents referenced as well as recommended actions and an ordinance for City Council consideration if a City Council approved Conditional Permit is desired. Direct staff as deemed appropriate. Attachment 1: Summary of ABC License Types Staff Report of June 4, 1997 Zoa9702.rep 5 OFF-SALE Yes GENERAL Beer, Wine, (21) & Distilled Suirits No Yes No No Yes ON -SALE open to Off -sale On -sale Mirrors Minor Restaurant Minor signs general privilege privilege allowed employees required required public (40) (60) Beer OFF -SALE ON -SALE BEER BEER & WINE Yes Spirits (20) Beer & wine No Yes ` No No Yes OFF-SALE Yes GENERAL Beer, Wine, (21) & Distilled Suirits No Yes No No Yes ON -SALE Yes Yes BEER Yes Yes (40) (60) Beer Beer Yes ' No No Yes ON -SALE BEER privilege Spirits PUBLIC PREMISES Yes Yes (61) Beer Beer No • No Yes Yes ON-SALE BEER & Yes Yes WINE EATING Beer & Wine Beer & Wine Yes • Yes No Yes PLACE Members & (41) (59) ON-SALE BEER Yes Yes & WINE PUBLIC Beer & Wine Beer & Wine No • No Yes Yes ON -SALE GENERAL Yes Yes EATING PLACE Beer & Wine Beer, Wine, Yes • Yes No Yes (4T) (49) Only & Distilled privilege privilege Spirits ON-SALE GENERAL Yes Yes PUBLIC PREMISES Beer & Wine Beer, Wine, No • No Yes Yes (48) Only & Distilled • Check with ABC ATTACHMENT 1 Off -axle On -sale Minors Minor Restaurant Minor signs Open to general ' privilege privilege alloured employees required roquined public CLUB No Yes Yes • • No No (51) Members & Guests Only VETERANS Yes CLUB (59) No Members & Yes ' No No No Guests Only DAILY Yes BEER OR WINE No Beer or Yes • No No Wine DAILY Yes GENERAL No Beer, Wine, Yes • No No & Distilled Spirits • Check with ABC ATTACHMENT 1 TO: The Honorable City Council r FROM: Nelson Miller, Director of Conmamity Developmenc- Prepared by Sandra Massa- Lavitt, Consulting Planner DATE: May 21,1997 (CC meeting of June 4, 1997) SUBJECT: ZONING ORDINANCE A11iNT NO. 97 -02 TO CONSIDER AN AMENDXNT TO THE ZONING ORDINANCE WHICH WOULD REQUIRE A CITY COUNCIL APPROVED CONDITIONAL USE PERMIT FOR ANY BUSINESS SELLING ALCOHOLIC BEVERAGES On December 26, 1996, the City Council adopted Interim Urgency Ordinance 222, extending Interim Urgency Ordinance 221, which established a moratorium on the acceptance or approval of applications for businesses which sell alcoholic beverages. The Council also directed the Planning Commission to study inconsistencies among the requirements of state law, City codes, and City policies relating to businesses which propose to sell alcoholic beverages. At its meeting of May 12, 1997, the Planning Commission considered an amendment to the zoning ordinance which would require a Conditional Use Permit for the issuance of an alcoholic beverage license in the City of Moorpark. A copy of the Planning Commission Staff Report is attached. At its meeting of May 12, 1997, the Planning Commission discussed the inconsistencies between policies and code sections that are now in place and concerns about the costs and time of processing a Conditional Use Permit which would require review and recommendations by the Planning Commission and action by the City Council. There was also mention of whether there might be different processes for different types of applications. A Conditional Use Permit process would add considerable time and costs to the processing o f applications. It would also expand the area to which notice is given of an application from 300 feet to 1,000 feet from the property boundaries. IJ Zoa9702.rep 1 *0) Zoning ordinance Amendment 97 -02 June 4, 1997 Page 2 In order to streamline the process and save City Council time, by a 3 -0 vote, with Chairman Acosta and Commissioner Norcross absent, the Planning Commission recommended that the Planning Commission be the decision making body, with appeal to the City Council. Planning Commission also recommended additions to the conditions to be placed that specify "for on -sale permits" since two of the conditions would relate only to these types of applications. As discussed in the Planning Commission staff Report, a City Council approved Conditional Use Permit was recommended by staff due to the requirements relating to the concurrent sale of alcohol and motor vehicle fuels and the requirements for action by the legislative body on review of permits referred by the Alcohol Beverage Control (ABC) Board. If City Council desires to delegate this review authority, this delegation must be specifically reported to ABC. Under City Council Policy No. 35 (Attachment 5 to the Planning Commission Staff Report) there were several conditions to be imposed on permits associated with the approval of retail alcoholic beverage sales. These conditions were included in the proposed ordinance. However, the City Attorney has recommended deletion of the conditions. relating to entertainment, due to concerns regarding lack of specificity and issues relating to First Amendment concerns. This condition was deleted from the proposed ordinance. Consistent with current City Council policy, the ordinance presented for consideration designates the City Council as the decision making body. If the Council wishes to accept Planning Commission recommendation, then Sections 3 & 5 of the draft ordinance should be changed from City Council to Planning Commission. Council should also take action to specifically delegate the authority for findings of public convenience and necessity as required by Section 23958.4 of the Business and Professions Code (Attachment 3 of the Planning Commission Staff Report) to the Planning Commission and direct this action be reported to the Alcoholic Beverage Control Board. Zoa9702.re 2 P +* Zoning Ordinance Amendment 97 -02 June 4, 1997 Page 3 1. Open the public hearing, accept public testimony, and close the public hearing. 2. Determine that the modifications to the City's Zoning Ordinance are categorically exempt pursuant to State CEQA Guidelines Section 15061 (b) (3). 3. Adopt the ordinance amending the Zoning Code as Amendment No. 97 -02; requiring a Conditional Use Permit approved by the City Council for any buisness selling alcoholic beverages in the City. Attachment: Ordinance Amending Municipal Code Sections 17.20.060 and 17.44.030. Planning Commission Resolution to the City Council Planning Commission staff report of May 12, 1997 Zoa9702.rep 3 RESOLUTION NO. PC -97 -336 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL THE PLANNING APPROVAL OF AN ORDINANCE REQUIRING A CONDITIONAL USE PERMIT FOR THE ISSUANCE OF AN ALCOHOLIC BEVERAGE CONTROL PERMIT AND ADDING SECTION 17.44.030.2.G. SETTING FORTH FINDINGS FOR SAID PERMIT WHEREAS, at a duly notice public hearing on May 12, 1997, regarding consideration of said ordinance. WHEREAS, at its meeting of May. 12, 1997, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing; and WHEREAS, the Planning Commission, after review and consideration of the information contained in the staff report dated April 28, 1997 and testimony, has made a recommendation to the City Council. WHEREAS, a determination that this project is exempt pursuant to the California Environmental Quality Act, Section 15061 (b) (3). NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission determined that the amendment to the Zoning Ordinance is exempt from the California State Environmental Quality Act (CEQA) Guidelines pursuant to Section 15061 (b) (3) in that the proposed change in the General Plan Land Use and Zoning Designation do not have the potential for causing a significant effect on the environment. SECTION 2. That the Planning Commission recommends to the City Council approval of an ordinance requiring a Conditional Use Permit for the issuance of an Alcoholic Beverage Control Permit and adding Section 17.44.030.2.6. setting forth findings for said permit with the following changes. a. In Sections 3 and 5 of the proposed ordinance City Council shall be changed to Planning Commission as the approving authority. b. "For on -sale permits" shall be added to conditions,.(I) and (ii) since these conditions relate to on -sale uses. Pc97- 336.wpd ~10 is % Resolution No. PC -97 -336 Alcoholic Beverage Control Permit Paae 2 The action of the foregoing direction was approved by the following roll call vote: AYES: Millhouse, Miller, Lowenberg; ABSENT: Acosta and Norcross PASSED, APPROVED, AND ADOPTED THIS_12.�h- DAY_OF MAY, 1997. ATTEST: Celia LaFleur, Secretary to the Planning Commission Gar4 /how rci /Chairman Pc97- 396.wpd ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK Ai ING THE MUNICIPAL CODE BY ADDING SECTION 17.20.060, BY REVISING SUBECTION 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 SUCH A PERMIT FOR ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGE. 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 Plarining 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 December 26, 1996, the City Council adopted Ordinance No. 222 extending the moratorium for a period of 10 months and 15 days pursuant to Government Code Section 65858 (a); and WHEREAS, Ordinance No. 222 expires on June 30, 1997 WHEREAS, this ordinance shall become effective on 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: This ordinance shall supersede Resolution No. 95 -1170 which established an Administrative Permit as the procedure relative to the issuance of all Alcoholic Beverage control licenses and shall also supersede City Council Policy No. 35, both of which are hereby rescinded. SECTION 3: The Moorpark Municipal Code is hereby amended by adding "Alcoholic Beverages, establishments selling, whether for on- premise or off - premise consumption" to Table 17.20.060 as permitted uses in all commercial and industrial zones with.a City Council proved Conditional Use Permit and by adding Note 9. To ORD604.CC.wpd 1:05 PM Ordinance No. 97- Conditional Use Permit for Alcoholic Beverage Licenses Page 2 "Notes for Table 17.20.06011, which note shall read as follows: "9. The establishment must be an otherwise permitted or conditionally permitted use in the zone. ". SECTION 4: 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, 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 5: 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: ORD604.CC.wpd 1:05 PM Ordinance No. 97- Conditional Use Permit for Alcoholic Beverage Licenses Page 3 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. 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 this day of 1, 1997. Patrick Hunter, Mayor ATTEST: Lillian E. Hare, City Clerk a:abc \ord604.cc VVW 1 ,=� 49. Iq 4 AGENDA REPORT CITY OF MOORPARK PLANNING COMMISSION TO: The Planning Commission FROM: Nelson Miller, Director of Community Development Sandra Massa - Lavitt, Consulting Planner DATE: April 28, 1997 (PC Meeting of May 12, 1997) SUBJECT: CONSIDER AN AMENDMENT TO THE ZONING ORDINANCE WHICH WOULD REQUIRE A CITY COUNCIL APPROVED CONDITIONAL USE PERMIT FOR ANY BUSINESS SELLING ACHOLIC BEVERAGES. On December 26, 1996, the City Council adopted Ordinance No. 222 extending ordinance No. 221 which established a moratorium on the issuance of approvals for any alcoholic beverage control (ABC) license request. In the body of Ordinance 222 is direction to the Planning Commission to study the issue of conflict between state law and municipal code which both regulate the issuance of ABC licenses. Resolution No. 95 -1170 established the Administrative Permit procedure for the issuance of an ABC license subject to the approval of the City Council. Administrative Permit Currently the City requires the submittal of an Administrative Permit requesting a land use approval to sell both on -sale' and off -sale' alcoholic beverages. Title 17.44.030 (d.) states that all Administrative Permits which request approval for the dispensing of alcoholic beverages must be heard and approved by the City Council. Resolution No. 95 -1170 1 On -sale - the consumption of beverages on site i.e. restaurant, bar, cocktail lounge, etc ' Off -sale - the beverage is consumed off the premises of sale, i.e liquor store, mini - market, grocery store, etc. ABC. rev. l "s The Planning Commission Amendment Requiring Approval of Conditional Use Permit for Alcoholic Beverages Page 2 Resolution No. 95 -1170 (Attachment 2), adopted on December 20, 1996, sets forth procedures for the processing of applications for ABC permits pursuant to Section 23958.4 of t1le State of California Business and Professions Code (Attachment 3). Resolution No. 95- 1170 includes application processing requirements that are more appropriately included as code requirements in Title 17, of the Moorpark Municipal Code. The Business and Professions Code, Section 23790 and 23790.5 (Attachment' 4) includes regulations pertaining to the concurrent retailing of motor vehicle fuel and beer and wine for off - premises consumption. All of which should be incorporated into Title 17 as processing requirements. Based on the State regulation identified in Attachment 4, a Conditional Use Permit rather than an Administrative Permit should be required for concurrent retailing of motor vehicle fuel with beer and wine for off - premise consumption. However, City Resolution No. 95 -1170 requires an Administrative Permit for all alcoholic beverage sales. City Council Policy No. 35 City Council Policy No. 35, Food Service and Liquor Sales Guidelines (Attachment 5), includes guidelines for application and conditions to be imposed on all permits associated with approving retail alcoholic beverages sales that should also be incorporated into Title 17 as permit requirements. The need for Planning Commission review of an application for alcoholic beverage sales should also be addressed in conjunction with the amendment of Title 17, to revise the permit and processing requirements pertaining to alcoholic sales. In codifying City Council Policy, the guidelines for applications found in Attachment 5 will be incorporated with the application submittal with all applications required to obtain a Conditional Use Permit. The conditions are suggested to be added to the Code. Resolution No.,95 -1135 Resolution No. 95 -1135, establishes processes be performed by certain city It requires that when the City Council certain permit approval officials (Attachment 6) . is cited as the approving ABC.rev.wpd 0116 The Planning Commission Amendment Requiring Approval of Conditional Use Permit for Alcoholic Beverages Page 3 authority, the Planning Commission shall first review the application and shall make appropriate recommendations to the City Council in a manner as, prescribed by the Zoning Code. The Administrative Permit process established by Resolution No. 95 -1170 did not require Planning Commission review, which is not consistent with Resolution No. 1135. ABC Regulations The State of California Alcohol Beverage Control Board is the governing body that makes the final decision on the issuance of ABC licenses. Their decision is based on several factors. The first is the character and history of the applicant; secondarily, reason,for the issuance or denial of a license is based upon the determination of the local governing agency. In the case of the City of Moorpark, the City Council approval or denial of an Administrative Permit can determine the outcome of an application. The ABC board generally will not obviate the decision of the City Council and issue a license over the denial of the City. However, if protests are received from other individuals or agencies the Board may deny an application for license over the approval of the City Council. The City's determination of the approval or denial of a request for ABC must now be based on the issues stated in their letter (Attachment 3). The criteria is briefly discussed below:, Denial - based upon "undue concentration" The premises are located in an area that has a 20 percent greater number of ,crimes than _other reporting districts (reporting districts of the local law enforcement agency), based on population ratio to crime statistics. The local law enforcement agency has established fifteen (15) reporting districts in the City of Moorpark. For on -sale retail licenses the number of existing licenses based upon population ratio to ABC licenses in the census tract as compared to the ratio of the county as a whole. ABC.rev.wpd 140? The Planning Commission Amendment Requiring Approval of Conditional Use Permit for Alcoholic Beverages Page 4 An off -sale retail licenses is also based on the population in the census tract and the existing number of ABC licenses as compared to the ratio of the county as a whole. For bonafide restaurants the same criteria is used although a license may be issued by virtue of its use in a restaurant, hotel, lodging establishment. The same criteria is used for the Premise to Premise transfer of licenses, the issue of over concentration could be a consideration during the application period. This ordinance would combine all the various overlapping and redundant requirements into one section of the zoning ordinance. ,In order to be consistent with the state law requirements,. future requests for businesses with a combination beer /wine /gasoline should be dealt with through a Conditional Use Permit, where the issue of over concentration could be evaluated during review of the Conditional Use Permit. Conditional Use Permit Section 17.44.030 (2) of the Municipal Code states that findings shall be made in order to approve a Conditional Use Permit. These findings are based on consistency with the General Plan, character compatibility with the surrounding area, not be obnoxious or harmful, non - detrimental to public health and safety, etc, compatibility with surrounding existing and planned land uses, compatible with scale visual character, design. A Conditional Use Permit for the sale of alcohol would have four (4) additional findings: A. An over concentration of alcoholic beverage licenses or uses in the area will not result from its application. B. The issuance of an alcoholic beverage license will serve a public convenience. rev. �04�� The Planning Commission Amendment Requiring Approval of Conditional Use Permit for Alcoholic Beverages Page 5 C. This project will not create the need for increased police involvement. D. Conditions of approval have been applied which will ensure that the operation runs in accordance with the City Municipal Code. Allowing a Conditional Use Permit for ABC approval would provide opportunity for full evaluation of an application. The necessity of making findings assures the City and the community the best opportunity for good rational decision making. This issue of requiring a Conditional Use Permit for ABC licenses has elicited some interest from the California Grocer's Association. Ms. Beth Beeman of the Association is concerned with restrictions that could be place on an application, and the ability of the grocer to conduct a viable business. Its' concern is that alcoholic beverages could be restricted in sales or denied, and /or that the hours of operation of a business would be curtailed simply because there is alcoholic beverages sold at the business. The Grocer's Association want assurance that legitimate business will not be restrained by inordinate conditions which would pose a hardship on business owners. The City has the ability to restrict the hours of operation of a business whether or not it sells alcoholic beverages. The state regulates the sale of alcoholic beverages and limits the hours of sale to 6:00 a.m, and 2:00 a.m. The City, through a Conditional Use Permit, could regulate hours of alcoholic beverages based upon information collected other from City departments and agencies (Fire, Police, etc) based on "undue concentration, crime statistics, number of licenses issued to population ratio. It is at the discretion of the Alcoholic Beverage Control Board to include those restrictions on the license it issues.. Using the Planning Commission as the decision making body for the Conditional Use Permit is consistent with the procedure found in many communities within Southern California. It also decreases the ABC.rev.wpd ypp0lg The Planning Commission Amendment Requiring Approval of Conditional Use Permit for Alcoholic Beverages Page 6 amount of time necessary for would the City Council hear City Council would need to review of application for Planning Commission. a permit to be issued. Only on appeal the permit. If this was desired the specifically delegate authority for sale of alcoholic beverages to the Instituting a Conditional Use Permit process in place of an Administrative Permit for review and approval of ABC applications, is consistent with the requirements of State Law. It allows the opportunity to apply additional conditions of approval relating to over concentration and community need and necessity. Review of a Conditional Use Permit by the Planning Commission complies with the requirements of Resolution No. 1135 whereby the Planning Commission reviews and recommends to the City Council. Adoption of the resolutions and ordinances in your packet would supersede previous Ordinances and Resolutions that apply to this issue. The moratorium ordinance would expire and the new ordinance would take its place thereby allowing the issuance of a Conditional Use Permit for businesses which sell alcoholic beverages under the conditions iterated in the new ordinance. Resolution No. 97- would also rescind Resolution No. 1170, which established the use of an Administrative Permit as the vehicle for review of ABC licenses requests. The project is exempt under Section 15061 (b) (3) of the Guidelines. Since the changes proposed to the Zoning Ordinance do not have the potential for causing a significant effect on the environment. It is recommended that the Planning Commission: 1. Open the public hearing, accept public testimony, close the public hearing. ABC. rev.wpd 0. The Planning Commission Amendment Requiring Approval of Conditional Use Permit for Alcoholic Beverages Page 7 2. Determine that the amendment to the City's Zoning ordinance are categorically exempt pursuant to State CEQA Guidelines Section 15061 (b) (3) . 3. Adopt Resolution No. PC -97- , recommending to the City Council adoption of an Ordinance requiring a Conditional Use Permit application for a request for an alcoholic beverage license, rescinding Ordinance 222 and Resolution No. 95 -1170. ABC.rev.wpd ��s RESOLUTION NO. PC -97- A RRROLUTIOK OF TUR PIS CONNISSION OF TE= CITY OF M©ORPARK, CALIl A R ,' I11G TO THR CITY COUNCIL TIM PLANKING CONNINSI0K 1tl11d WWS TO TUN CITY COUNCIL APPROVAL OF AN ONDIIIiCR RE =RING A CONDITIONAL USE PRUNIT FOR TEN IUWAM OF AN ALCOHOLIC NNYMON CONTROL PN=T AMID ADDING SNCTION 17.44.030.2.G. SETTING FORTH FINDIi1GS FOR SAID PNRKIT . NHER=AS, at a duly noticed public hearing on April 1997, regarding consideration of said ordinance. WMZRZAS, at its meeting of April 1997, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing; and WMzRzAS, the Planning Commission, after review .and consideration of the information contained in the staff report dated April _, 1997 and testimony, has made a recommendation to the City Council. VX5REAS, a determination that this project is exempt pursuant to the California Environmental Quality Act, Section 15061 (b) (3). NOW, TiORE, TEN PLC C08/LI88ION OF THE CITY OF MOORPARK, CALIFORNIA, DONS RNSOLVN AS FOLLOWS: SNCTION 1. The Planning Commission determined that the amendment to the Zoning Ordinance is exempt from the California State Environmental Quality Act (CEQA) Guidelines pursuant to Section 15061 (b) (3) in that the proposed change in the General Plan Land Use and Zoning Designation do not have the potential for causing a significant effect on the environment. SRCTION 2. That the Planning Commission City Council approval of an ordinance requiring Permit for the issuance of an Alcoholic Beverage adding Section 17.44.030.2.G. setting forth permit. recommends to the a Conditional Use Control Permit and findings for said rev. Resolution No. PC -97- Alcoholic Beverage Control Permit Page 2 The action of the foregoing direction was approved by the following roll vote: AYES: NOES: ABSENT: PASSED, APPROVED, AND ADOPTED THIS DAY OF MAY, 1997 ATTEST: Celia LaFleur, Secretary to the Planning Commission Ernesto Acosta, Chairman ABCRSS.rev.wpd �p�23 RSSOLUTI ON NO 95-1170 A RUMUTION OF TRZ CITY COUNCIL OF TEZ CITY OF N OMM, CALIFORNIA, SETTING FORTE PROCUDUnS FOR TER PXOC2"=G OF APPLICATIONS FOR ALCOHOL SALES PURBUANPT TO SECTION 23958.4 OF THE BUS AIMS S AND PROFESSIONS CODE WHZRZAS, Section 23958.4 of the Business and Professions Code governs the determination by the local governing body of public convenience and necegsity met by certain applicants for an Alcoholic Beverage Sales License; and, WMMXAS, the local governing body -is allowed by state law to delegate responsibility for the determination to another agency; and, WRZRZAS, the City Council has elected to not delegate its authority; NOW TMXFM, = CITY COUNCIL OF TEE CITY NOORPARx DORS EaRSBY ORDER, DIR=CT, AND D31CLUM AS FOLLOWS: SECTION 1. The Director of Community Development shall follow the procedures enumerated below when processing an application for the sale of alcoholic beverages in the City. a. All applications shall be made on a form provided by the Department of Community Development and shall be processed in the same manner as an Administrative Permit. b. The Director shall in all cases defer his /her decision to the City Council and shall cause the notifications of the meeting to be mailed as prescribed in the Municipal Code. C. The Director shall place the item as a "Presentation /Action /Discussion" item with an appropriate staff report and a recommendation of approval, denial, or conditional approval. d. The Director shall assure that a processing monetary deposit in the amount commensurate with an Administrative Permit is paid by the applicant. e. The decision of the City Council shall be by resolution. APPROVED AND ADOPTED this 20th day of December, 1995. P La ason Jr. P Mayor ATTEST: AT A0*#*NT 2 4 license shall be signed b or more of the capital or (d) In the case of a to of the general partners anti 'oy each Limited partner who owns 10 percent of the limited partnership that has elected to be ,managed by its members, the an officer authorized by the articles of organization or to De manages Dy a manager or mangers, Lne amication snau De slgnea DY Lne manager or managers or by an officer authorized by the article of organization or the operating agreement to bind the company. (e) In the case of a corporation, the a lication tall be signed by an officer and under the seal of the corporation. (Amended by Stats.1996, c. 44 (S.B.632), § eff. Ma,, 15, 1996.) § 23954.5. Fee accompanying application (a) An applicant for an original on -sale general Xcense shall, at the time of filing the application for the license, accompany the application with a fee as d ied by the department pursuant to subdivision (b) of this section. At the time of filing an applicati n for a license, an applicant for an original on -sale general license for seasonal business shall accompan the application with a fee as determined by the department pursuant to subdivision (b) of this section. applicant for an original on -sale beer and wine license shall accompany the application with a fee of hundred dollars ($300). An applicant for an original on -sale beer license shall accompany the applicatio with a fee of two hundred dollars ($200). An applicant for an original off -sale general license shall, at th time of filing the application for the license, accompany the application with a fee as determined by the Unint pursuant to subdivision (b) of this section. An applicant for an original off -sale beer and wine li or an original license not specified in this section, shall accompany the application with a fee of one h dollars ($100). "Original on -sale general license," "original on -sale general lice for seasonal business," "original on- sale beer and wine license," `original on -sale beer license," "o off-sale general license," and "original off -sale beer and wine license," as used in this division, not include a license issued upon renewal or transfer of a license. (b) * ' *The fee for an original on -sale general license or an origi off -sale general license shall be twelve thousand dollars ($12,000). * " (c) All money collected from the fees provided for in this section sh be in the Alcohol Beverage Control Fund as provided in Section 25761 (Amended by Stats.1992, c. 900 (A.B.432), § 11, eff. Sept. 25, 1992; Stats.1994, 1028 (A.B.988), § 1.) § 23954.7. Intermittent dockside license for vessels over 7,000 tons displacInenit; accompanying fee \\ An applicant for an original on -sale general bona fide public eating place intermit \sh dockside license for vessels of more than 7 000 tons displacement shall, at the time of Sling the ap Dhe for the license, accompany the application'with a fee of two thousand dollars ($2,000), but such fee not be payable upon the renewal or transfer of such license. (Amended by Stats.1985, c. 519, § 4. § 23968. Investigation; denial of application; grounds Upon receipt of an application for a license or for a transfer of a' license and the applicable fee, the department shall make a thorough investigation to determine whether the applicant and the premises for which a license is applied qualify for a license and whether the provisions of this division have been complied with, and shall investigate all matters connected therewith which may affect the public welfare and morals. The department shall deny an application for a license or for a transfer of a license if either the applicant or the premises for which a license is applied do not qualify for a license under this division. The department further shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses * * *, except as provided in Section 23958.4. (Amended by Stats.1994, c. 630 (A.B.2897 ) � , , Additions or changes indicated by underline; deletions by asterisks 33 ATTACHMENT 3 §-23958 BUSINESS• AND` PROFESSIONS CODE Historical and Statutory Notes 1992 Legislation Section 12 of Stats.1992, c. 838 (A.B.2868), provides: "On or before July 1, 1993, the Department of Alcoholic Beverage Control shall report to the Legislature recom- mendations for revisions to the Alcoholic Beverage Con trol Act in the following areas: ,,(a) The use of local conditional use permit process and approval as qualification of a proposed premises pursuant to Section 23958 of the Business and Professions Code. "(b) The appropriateness of summary revocation proce- dures for chronic violators of the Alcoholic Beverage Control Act." Code of Regulations References Issuance or transfer of corporate stock, see 4 Cal. Code Premises where license previously denied, revoked, or of Rep. § 68.6. conditions imposed, see 4 Cal. Code of Rep. § 66. Law Review and Journal Commentaries Review of selected 1994 California legislation. 26 Pac L.J. 202 (1995). § 23968.4. Undue concentration; licensure for public convenience or necessity; definitions; exclu- sions; Los Angeles premises destroyed by civil disturbances (a) For purposes `of Section 23968, "undue concentration" means the case in which the applicant premises for an original or premises - to-premises transfer of any retail license are .located in an area i where any of the following conditions exist: E (1) The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision�(c), than the average number of reported crimes as determined from all crime reporting. districts within the jurisdiction of.the local law enforcement agency. (2) As to on -sale retail license applications, the ratio of on -sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on -sale retail licenses to population in the county in which the applicant premises are located. { (3) As to off -sale retail license applications, the ratio of off -sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off -sale retail licenses to population in the county in which the applicant premises are located. (b) .Notwithstanding Section 23968, the department may issue a license as follows: (1) With respect to a nonretail license, a retail on -sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined in subdivision (b) of Section 26603.16, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the i applicant shows that public convenience or necessity would be served by the issuance. (2) With respect to any other license, if the local governing body of the area in which the applicant premises are located or its dedcWted subordinate officer or body, determines within 90 days of notification of a cam t public convemence or necessity would served by the issuance. The commence u on recei t by the local ernin bod of A notification ` by the de t of an n for licensure, or ) a completed application according to local requirements, if any, whichever is later. If the local VZOjElag body, or its desimted subordinate officer or body, does not make a determina- within the t n the departme nt may issue a license if the applicant shows Me dMartment that vublic mA.Misaw or neces0 e' issuance. In makiniz its 1 o the t not attribute an t to otthe local iroverning or its gggpated au tE officer or body, tom e a ete on reffardinZ Dublic convenience or na!paaity ant n t a - nv nafflind (c) For purposes of this section, the following definitions shall apply: (1) "Reporting districts" means geographical areas within the boundaries of a. single governmental entity (city or the unincorporated atfa of a county) that are identified by the local law enforcement agency in the compilation and maintenance of statistical information on reported crimes and arrests. (2) "Reported crimes" means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemean- ors, except traffic citations. Additions or changes Indicated by underline; deletions by asterisks * * * i PROFESSIONS CODE litional use permit process and a proposed premises pursuant isiness and Professions Code. of summary revocation proce- s of the Alcoholic Beverage Previously denied, revoked, or al. Code of Rep. § 66. 'asity; definitions; exclu- se in which ' the applicant we are located in an area has a 20 percent greater nber of reported crimes as d law enforcement agency. nnaes to population in the xceeds the ratio of on -sale )cated. roses to population in the xceeds the ratio of off -sale vated. llows: ice license, a retail license .ion (b) of Section 25503.16, vinegrower's license, if the nuance. rea in which the applicant rmines within 90 days of would be served by the ing body of (A) notification acation according to local oes not make a determina f the applicant shows the issuance. In malcing its he loic��e ¢ or ling public convenience or BUSINESS AND PROFESSIONS CODE § 2396C Repealed (3) "Population within the census tract or census division" means the population as determined by the most recent United States decennial or special census. The population determination shall not operate to prevent ail applicant from establishing that an increase of resident population has occurred within the census tract or census division (4) "Population in the county" shall be determined by the annual population estimate for California counties published by the Population Research Unit of the Department of Finance. (5) "Retail licenses" shall include the following: (A) Off -sale retail licenses: Type 20 (off -sale beer and wine) and Type 21 (off -sale general). (B) On -sale retail licenses: All retail on -sale licenses, except Type 43 (on -sale beer and wine for train), Type 44 (on -sale beer and wine for fishing party boat), Type 45 (on -sale beer and wine for boat), Type 46 (on-eale beer and wine for airplane), Type 53 (on -sale general for train and sleeping car), Type 54 (on- sale general for boat), Type 55 (on -sale general for airplane), Type 56 (on -sale general for vessels of more than 1,000 tons burden), and Type 62 (on -sale general bona fide public eating place intermittent dockside license for vessels of more than 15,000 tons displacement). (6) A "premises to premises transfer" refers to each license being separate and distinct, and transferable upon approval of the department. (d) For purposes of this section, the number of retail licenses in the county shall be determined by the most recent yearly retail license count published by the department in its Procedure Manual. (e) The enactment of this section shall not affect any existing rights of any holder of a retail license issued prior to April 29, 1992, whose premises were destroyed or rendered unusable as a result of. the civil disturbances occurring in Los Angeles from April 29 to May 2, 1992, to' reopen - and , operate those licensed premises. (f) This section shall not apply if the premises have been licensed and operated with the same type license within 90 days of the application. (Added by Stats.1994, c. 630 (A.B.2M, § 2. Amended by Stats.1996, c. 91(S.B.975), § 12; Stats.1996, c. 811 (A.B.2218), § 1; Stats.1996, c. 869 (A.B2841), § 2.) Historical and Statutory Notes 1995 Legislation 1996 Legislation Subordination of legislation by Stats.1995, c. 91 (S.B. Section affected by two or more acts at the same 975), to other 1995 legislation, see Historical and Statuto- session of the legislature, ry Notes under Business and Professions Code § 35. egisla , see Government Code § 9605. Law Review and Journal Commentaries Review of selected 1994 California legislation. 26 Pac. L.J. 202 (1995). § 23959. Denial or withdrawak tax credit and refund If an application is denied or wi ion, one - fourth of the license fee paid, or not more than * * ' one hundred dollars ($100), shall be de 'ted in the • • • Alcohol Beveraze Control Fund as provided in e3�on 25761. The balance of this unt shall be Ow on any taxes then due from the applicant under Part 14 92MMencMg with Sectio 1) of Division 2 of the Revenue and Taxation Code or the Sales and Use Tax Law,' and the remaininiprdon shall be returned to the applicant. (Amended by Stats.1992, c. 900 (A.B.432), § \Retions t. 25,1992.) 1 Revenue and Taxation Code § 6001 et seq. Code of References License reinstatement after automatic revocatio Cal. Code of Regs. §-63. of a single governmental the local law enforcement sorted crimes and arrests. § 23960. Repealed by Stats.1992, c. 838 (A.B2858), § 3 •al law enforcement agency Historical and Stag i assault, burglary, larceny I felonies and misdemean- Operative effect of Stats.1992, c. 838 (A.B2SM), see y Historical and Statutory Notes under 6 2M56 _ 40L0 Zoning and Concurrent Sales of ATTACHMENT 4 Motor Vehicle Fuel with Beer/Wine (Excerpts from the Businei.P and Professions Code) Zoning ordinance 23790. No retail license shall be issued for any in any territory where the exercise of the and pnvileges conferred by the license is conti a, , g ordinance of any county or city. Premises which ha,i been used in the exercise of those rights and pr. ._ �. , ,:; : .� priur to the effective date of the zoning ordinance may continue operation under the following condition (a) The premises retain the same type of retai! 1, within a license classification. (b) The licensed premises are operated cont;nc: ti .:;;; ,;; substantial change in mode or character of operation For purposes of this subdivision, a break in c,, does not include: (1) A closure for not more than 30 days for pui i., _p, if that repair does not change the nature of the licens.d premises and does not increase the square footage : e i,u r,ess used for the sale of alcoholic beverages. (2)Theclosure for restoration of premises rendered totaJy or partially inaccessible by an act of God or a toxic accident, if the restoration does not increase the square footage of the business used for the sale of alcoholic beverages. (Added by Stars. 1953, Ch 152; Amended by Stars 1982, Ch 474; Amended by Slats. 1989, Ch. 95.) Intent of Legislature 23790.5. (a) It is the intent of the Legislature in enacting this section to ensure that local government shall not be preempted in the valid exercise of its land use authority pursuant to Section 23790, including, but not limited to, enacting an ordinance requiring a conditional use permit. It is also the intent of the Legislature to prevent the legislated prohibition of the concurrent retailing of beer and wine for off- premises consumption and motor vehicle fuel where the retailing of each is otherwise allowable. (b) (1) No city, county, or city and county shall, by ordinance or resolution adopted on or after January 1, 1988, legislatively prohibit the concurrent retailing of motor vehicle fuel and beer and wine for off -sale consumption in zoning districts where the zoning ordinance allows motor vehicle fuel and off -sale beer and wine to be retailed on separate sites. (2) On and after January 1, 1989, no city, county, or city and county ordinance or resolution adopted prior to May 5, 1987, shall have legal effect if it legislatively prohibits the concurrent retailing of motor vehicle fuel with beer and wine for off -sate - onsurtption in zoning districts where the coning ordinance allows beer and wine and motor vehicle fuel to be retailed on separate sites (3) On and after July 1, 1988, no city, county, or co y and ounty ordinance or resolution adopted on or after May 5, 1997, shall have legal effect if it legislatively prohibits the concurrent retailing of motor fuel vehicle with beer and wine for off -sale consumption in zoning districts where the :ontng ordinance allows beer and wine and motor vehicle fuel to be retailed on separate sites (4) This section shall not apply to a prohibition by a city, county, or city and county of the sale of ~leer and wine in Exception conjunction with the sale of motor vehicle fuel if that prohibition occurs as a result of the prohibition of the combining of the sale of motor vehicle fuel with a broader class of products or ascs which includes alcoholic beverages or beer and wine as a named of unnamed part of that larger class, if that prohibition was enacted before August 1, 1985. (c) Subject to the restrictions and limitations of subd vt sior (b), this section shall not prevent aeity,eounty, orcity and- Conditional use county from denying permission, or granting conditional permission, to an individual applicant to engage in the permit decisiuns concurrent retailing of motor vehicle fuel with beer and wine for of f-Premises consumption pursuant to a valid conditional use permit ordinance based on appropriate health, safety, a iencral welfare standards contained in the ordinance if that conditional use permit ordinance contains all of the (1) A requirement for written findings. (2) A provision for an administrative appeal if the go Kerning body has delegated its powerto issueordeny acondibonal use permit (3) Procedures for notice of a hearing, conduct of a heating, and an opportunity for all parties to present testimony. (4) A requirement that the findings be based on subs!.ant ial c ,,dent:e in view of the whole record to justify the ultimate decision. (d) Notwithstanding any other provision of law, establishments engaged in the concurrent sale of motor vehicle fuel State conditions with beer and wine for off - premises consumption shall, until January 1, 1994, abide by the following conditions: (1) No beer or wine shall be displayed within rive feet of the cash register or the front door unless itis in a permanently affixed cooler as of January 1, 1988. (2) No advertisement of alcoholic beverages shall be displayed at motor fuel islands. (3) No sale of alcoholic beverages shall be made from a drive -in window (4) No display or sale of beer or wine shall be made from an ice tub (5) No beer or wine advertising shall be located on motor fuel islands and no self - illuminated advertising for beer or wine shall be located on buildings or windows. (6) Employees on duty between the hours of 10 p.m. and 2 a.m. shall be at least 21 years of age to sell beer and wine. The standards contained in this subdivision are minimum state standards which do not limit local regulation otherwise permitted under this section. — (e) Until January 1, 1994, if there is a finding that a licensee or his or her employee has sold any alcoholic beverages Sales to minors to a minor at an establishment engaged in the concurrent sale of motor vehicle fuel with beer and wine for off - premises consumption, the alcoholic beverage license at the establishment shall be suspended for a minimum period of 72 hours. For purposes of Section 23790, the effect of such a license suspension shall not constitute a break in the V1�lwi VizIs operation of the establishment nor a substantial change in the mode or character of operation. (f) The provisions of this section apply to charter cities Charter cities (Added by Stats. 1987, Ch 176, Amended by Stau 199; ('n ; 08 Effective July 11, 1991.) ,t ELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tem CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer TO: FROM: DATE: MOORPARK MrMORANDUM The Honorable City Council iiENl� -ll STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police Patrick J. Richards, Director of Community Development April 11, 1989`=(CC meeting of 4/19/89 SUBJECT: FOOD SERVICE b LIQUOR SALES - GUIDELINES Background On March 15, 1989 the City Council considered a report from the Director of Community Development regarding whether a liquor license request after the approval of a Planned Development Permit requires a Major. Modification or Minor Modification Permit approval. It was staff's position, -at that time, that unless alcoholic beverage consumption was approved as part of the original PD permit, such a use would be an expansion requiring a Major Modification Permit approval. The Council discussed the matter and determined that the following is to occur in the future regarding this subject: 1. That the PD permit application form is to be revised so as to show disclosure of any intent for on -site or off -site sale of liquor. 2. If a PD permit is approved after March 15, 1989, that has not identified it's intent regarding liquor sales or consumption; to introduce such after approval would require a major modification of the original planned development. Discussion With an interest to establish a better identification of the Council's action, staff is requesting consideration to approve the following guidelines as they relate to liquor sales and consumption within the City. In having such identifiable guidelines it will be easier for-the general public, futLw-e applicants, Alcoholic Beverage Control Board and future staff members to transmit the Council's interest towards liquor sales and consumption within the City.. — ATTACHMENT 5 799 Moorpark Avenue Moorpark, California 93021 (805) 529.686 April 12, 1989 Page 2 1• That all new commercial applications shall state clearly planned development permit beverage sales, the intended use of alcoholic to be package retail sales only- - to be sold with retail food sales only; to be sold separately with retail food sales in the same place of business; to provide a separate area withih the retail food service business for the consumption of alcoholic beverage sales; beer and wine consumption only; all types of general alcoholic beverage sales to be made on site, 2• That all planned development 15, 1989 shall allow retaplrmbeerapproved prior to March consumption within the commercial center for both retails sales and in conjunction with food service with the approval of a Minor Modification Permit from the Director of Community y 3• That all commercial legal non - conforming uses not previous having alcoholic beverage sales shall obtain a ly Planned Development Permit a Commercial o With the approval of any retail alcoholic beverage salesnction 4, That all commercial legal non - conforming uses current selling beer and wine shall obtain app of a ly Planned Development Permit PP Commercial approval to prior to or in conjunction with the provide general alcoholic beverage sales. 5. That the following conditions shall be im p osed commercial planned development permits on all future modification permits, associated with the aPPdjro or minor or retail alcoholic beverage sales: val of any - That the use shall close for business at 12:00 a.m. midnight. = That food service shall be available during all business hours that alcoholic beverage sales are available. That if a fixed bar is to be used it's approval shall - only be accomplished with a major modification. That all entertainment where alcoholic beverages are sold shall have received prior City approval, 0 Q030 Of April 12 1989 page 3 Recommended Action 1• That the City Council review the above draft liquor sal guidelines and amend as deemed appropriate. es `\ L2. Adopt the above draft liquor Sales g u guidelines as Council modified by the N 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 RESOLUTION 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 FOLLOWS Section 1. Resolution No. 88 -523 is hereby rescinded. Section 2. Major Modifications shall be approved or disapproved by the approving authority granting the original approval or an appeal thereof, and shall be processed as prescribed by the Zoning Code. Section 3. Where a City Council approved entitlement has not been inaugurated in two years or 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 in the manner stipulated by the Zoning Code. Section 4. When the City Council is cited as the approving authority, the Planning Commission shall first review the application and shall make appropriate recommendations to the City Council in a manner as prescribed by the Zoning Code. Approval or disapproval shall be performed by the following city officials ENTITLEMENT a. General Plan Adoption b. General Plan Amendment C. Zoning Code Adoption /Amendment d. Zone Change jra /res88523_sr APPROVING AUTHORITY City Council City Council City Council City Council QWQU A'rT#.C, H M E N T 6 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 for proposals containing less than 20,000 square feet of gross floor area for all buildings involved; City C o u n c i l f o r proposals of 20,000 square feet or more of gross floor area for all buildings involved. Note: For f. and g. above, all new construction, regardless of gross floor area size that is within three hundred feet (300' ) of a residential zone or use shall require City Council approval. h. Administrative Clearance i. Planning Commission. Conditional Use Permit - j. Tentative and Final Tract Map k. Parcel Map and Parcel Map Waiver jra /res88523.sr D i r e c t o r o f C o m m u n i t y Development. Planning Commission. City Council. Planning Commission'. $90033 1. Lot Line Adjustment and Lot Consolidation M. Minor Modification PASSED, APPROVED, AND ADOPTED this JUNE , of 1995 ATTEST: D i r e c I 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. 21st day of (::: 2jgn--�' Paul W. LWrason Jr., ayor jra /res88523.sr yIU34