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Home My WebLink AboutAGENDA REPORT 1997 0507 CC REG ITEM 09Ia r' ITEM ? Z. AGENDA REPORT CITY OF MOORPARK TO: The Honorable City Council FROM: Nelson Miller, Director of Community Developme "Y DATE: April 29, 1997 (For the City Council Meeting of May 7, 1997) SUBJECT: Consider Request From Robert B. Sofsky Regarding a Waiver of the Moratorium on Permits for Businesses Which Sell Alcoholic Beverages. DISCUSSION Attached is a letter from Robert B. Sofsky requesting a waiver of the moratorium on permits for businesses which sell alcoholic beverages. The current moratorium initially enacted by the City Council on December 4, 1996, and subsequently extended on January 15, 1997, does not allow acceptance of any applications. The current moratorium expires on June 30, 1997. We anticipate having a staff report regarding a Code Amendment relating to the direction given with the moratorium for the May 12, 1997, Planning Commission Meeting. If recommended by Planning Commission at that meeting, it could be scheduled for the June 4 City Council meeting for public hearing and first reading of an ordinance. Second reading of the ordinance could occur on June 18 and it would take effect thirty days thereafter, on July 18. Since the current moratorium expires on June 30, 1997, it was anticipated that a short-term extension would be part of the actions on the June 4 City Council meeting to avoid a gap between the anticipated effective date of the new ordinance enacting procedures and related requirements for businesses selling alcoholic beverages. The hearing on the new ordinance and the extension could also consider any modifications to the existing moratorium. The new ordinance will probably require a City Council approved Conditional Use Permit for businesses which sell alcoholic beverages. The current fee for Conditional Use Permits is $4300. It appears to grant a waiver to the moratorium would require another interim, urgency ordinance to amend the current moratorium ordinance. Since it relates to a previously enacted interim ordinance, it would also appear that this would require action at an advertised public hearing, which requires publication in the newspaper a minimum of ten days prior to the hearing. RECOMMENDATION Direct staff as deemed appropriate. Attachments: Letter from Robert B. Sofsky Ordinance 222 CITY OF MOORPARK, CALEFORNIA City Council Meeting Of _�t 54_ ACTION: - ,, DY- FSKYWAV.RPT OQ V 97 Robert B. Sofsky 5600 Lakeview Cyn Rd. Westlake Village, CA 91362 (818) 889 - 2948 - -Fag (818) 889 -5549 April 18, 1997 City of Moorpark Honorable City Council Members 799 Moorpark Avenue Moorpark, CA 93021 Dear City Council Members RECEIVED APR 2 21997 City of Moore "'r,K Community Development DEPartm-nt RECEIVED) APR 21 1997 CITY OF MOOR' N� I am writing to you in hopes you will consider a request regarding a waiver of the moratorium of the sales of alcohol for new business on High Street. I am currently in the process of purchasing the building located at 255 E. High Street. Our plans have been to create a very upscale evening dining establishment that will not only serve Moorpark residents but also draw clientele from the surrounding communities. Our ultimate goal is to create a number fine dining establishments on High Street and give the area the image of Nigh Street as a destination area for fine dining in contrast to considering specific dining establishments as a destination. This influx of dining patrons will certainly bring attention to High Street. And a desirable image will ultimately attract the attention of other investors to the area. We are willing to assume the risk of investing in the High Street area because we believe that the potential of the area coupled with the City of Moorpark's committment to revitalizing the area warrants a committment from individual investors to participate in the revitalization effort. Our immediate goal is to complete escrow and develop the restaurant at 255 E. High Street. However it is a truly impossible endeavor without the ability to serve alcohol to our patrons with dinner. For clarification, we do not have plans to build a stand alone bar area. Our desire is to have drinks available for our dinner patrons. To compound the problem, there are very few Alcohol Beverage Control licenses available in the County of Ventura. One such license is available and I can make application to the State however to do so I would need to first obtain the required City permit. We are concern because there is no way to determine when the next state license may become available should we miss the opportunity to obtain this particulare state license that is curretnly available. We believe our vision is the same as the City of Moorpa.rk's for High Street. To accomplish these same goals we are requesting the Honorable Council Members to consider a waiver of the current alcohol moratorium for High Street as one alternative; or allow us an individual exemption from the moratorium for our current restaurant project. 000098 I look forward to seeing and meeting with all of you at the the next council meeting in May. Very truly yours, �'AA �- Robert B. Sofsky cc Mr. Nelson Miller Director of Community Development City of Moorpark ()U ()!)S ORDINANCE NO. 222 AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTED AS AN URGENCY MEASURE, EXTENDING ORDINANCE NO. 221, AN INTERIM ZONING ORDINANCE, 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 f:'c }de to ini :lode al,, and City regulations pertaining to the per -mit anci >x cessirig requirements for allowing alcoholic beverage ,a Les ii • fife ':i i , SECTION 2. The City council hereby directs the Community Development Department t.o conduct - study relative to amending Title 17, Zoning, ;f the Moorpark. Municipal Code to provide comprehensive perm-ii pYoces ,.irig (-q;i- r_ements for the sale of alcoholic beverages, 'onsiste-; �a,r_�: !� requirements of State law. In connection w i -t:h d st u.i' ' , "c)uncil contemplates the consideration - :f tmendnt� I7, Zoning, within a reasonable time. SECTION 3. For the periceI of tine 1. ftat this ordinance is in full force and effect, no �ppli �at.doii for a permit to allow alcoholic beverage series sha he ic,epted for filing with, or issued or approved k��y,., 1�he �;�, j_1()',1ided that this prohibition does not apply °:o thE, only e,.t_ : pending application for the sale of alcoholic bc��.,erage; . SECTION 4. Pursuant LC, overnme.t Code Sections 36937 and 65858, the City Coun..l- hereby finds ind declares this Ordinance to requi ing h «: immediate enactment thereof, be an urgency ordinance because there is a :urrent -'nd immediate threat to the public health, safety or we fare cf 3F L,r, nd its citizens and the processing, approval 'Irtd .i.ssua. r-e ,f xdd" r icnal permits pursuant to Title 17, Zoning, o �__he McxazL;ar}; Ml,�i.;-i�al Code would result in that threat to put rE ] "j I of r welfare. The facts dio t c:A1 -m \ord \ord- 221.ext olue, ILOQ Ordinance No. 222 Page 2 constituting such urgency and threat are as set forth in Sections 1 and 2 of this Ordinance. SECTION 5. This Ordinance shall be effective immediately upon its adoption, and shall expire and be of no further force and effect as of June 30, 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 not less than a four- fifths vote of the City Council this 15th day o;E--,�JANUARY , 1997/) ATTE S'I'B Lillian E. City Clerk dst c: \1 -m \ord \ord- 221.ext of the CigV of'Moorpark, California