Loading...
HomeMy WebLinkAboutAGENDA REPORT 1996 1016 CC REG ITEM 07D.. �r I.D. AGENDA REPORT . CITY OF MOORPARK 6 TO: The Honorable City Council FROM: Nelson Miller, Director of Community Developmer'�t� DATE: October 7, 1996 (CC Meeting of October 16, 1996) SUBJECT: Report Regarding City Council Previous Policies Numbers 35 (Food Service and Liquor Sales - Guidelines) and 41 (Downtown Revitalization - Temporary Use Permit) In June 1996 City Council approved a Council Policies Resolution and directed the Department of Community Development to review Policies 35 and 41. Policy 35, which related to Food Service and Liquor Sales - Guidelines (Exhibit 1), was adopted by the Council in April 1989. This Policy indicated the approval processes to be used for consideration of alcoholic beverage sales. Conditions were also specified for any approval. Subsequently City Council adopted Resolution 95 -1170 (Exhibit 2)in December 1995, which would appear to supersede the prior policy. Resolution 95 -1170 was in response to State legislation requiring determination by the governing body of public convenience and necessity for applicants for an Alcoholic Beverage Control Sales License. This resolution specifies that all applications for sale of alcoholic beverages in the City shall be made in the same manner as an Administrative Permit and deferred to City Council. Since Resolution 95 -1170 modifies Chapter 17.44 of the Zoning Ordinance, relating to entitlement process and procedures, it would appear to be most appropriate to incorporate these modifications into the Zoning Code when the next general update of the Code is done. At such time various requirements and standard conditions could also be considered. The guidelines outlined in the policy will continue to be applied by staff until such time as they may be replaced by requirements included in the Development Code. Policy 41 (Exhibit 3)was approved in August 1990 and related to Downtown Revitalization - Temporary Use Permits. This policy provided for issuance of temporary use permits, valid for only six months, for certain temporary uses in the Downtown Overlay Zone. These were to be approved by staff by a Zone Clearance. C.\ OF F S C E \WPW 2 N \WPDOC S\ CCRPTS \ POL 3 S Ss 4 1-WI-0 'WW" Policy 35 and 41 October 16, 1996 Page 2 A similar provision was incorporated into the Zoning Ordinance in Section 17.44.030A1c in the general update of the Zoning Code in 1994. Temporary Special Use Permits were authorized in all zones subject to the approval of the Director of Community Development , by Zone Clearance, for a period of ninety days, with a ninety day extension. This section appears to address the same general intent as Policy 41 and is applicable to all zones. Since both of these policies have been superseded by subsequent actions of the City Council, no further action is required by the Council Receive and file this report. Attachments: Exhibit 1: Policy No. 35 Exhibit 2: Resolution No. 95 -1170 Exhibit 3: Policy No. 41 C e \OFF 2 C E \WPW= N \WPDOC3\ CCRPTS \ POL 3 5 6c 4 1. WPD 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: SUBJECT: Back round G�QK C•��� P n Exhibit 1 iTEM . 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 MEMORANDUM The Honorable City Council / Patrick J. Richards, Director of Community Development fit' April 11, 1989 (CC meeting of 4/19/89 FOOD SERVICE & LIQUOR SALES - GUIDELINES 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 sub.j-?ct: 1. That the PD permit application form is to be revised so as to show disclosure of any intent for on -site or off - liquor. site sale of 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, future applicants, Alcoholic Beverage Control Board and future staff members to transmit the Council's interest towards liquor sales and consumption within the City. 799 Moorpark Avenue Moorpark, California 93021 __ _ (8g�5� 529 -6�6� April 12, 1989 page 2 1. That all new commercial planned development permit applications shall state clearly the intended use of alcoholic beverage sales. - 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 within 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 permits approved prior to March 15, 1989 shall allow retail beer and wine sales and consumption within the commercial center for both retail sales and in conjunction with food service with the approval of a Minor Modification Permit from the Director of Community Development. 3. That all commercial legal non - conforming uses not previously having alcoholic beverage sales shall obtain a Commercial Planned Development Permit approval prior to or in conjunction with the approval of any retail alcoholic beverage sales. 4. That all commercial legal non - conforming uses currently selling beer and wine shall obtain approval of a Commercial Planned Development Permit prior to or in conjunction with the approval to provide general alcoholic beverage sales. 5. That the following conditions shall be imposed on all future commercial planned development permits, major or minor modification permits associated with the approval of any retail alcoholic beverage sales That the use shall clove 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. ()O (J()'6J April 12, 1989 page 3 Recommended Action 1. That the City Council review the above draft liquor sales guidelines and amend as deemed appropriate. 2. Adopt the above draft liquor sales guidelines as modified by the t� Council. i 000066 Exhibit 2 RESOLUTION NO 95-1170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, SETTING FORTH PROCEDURES FOR THE PROCESSING OF APPLICATIONS FOR ALCOHOL SALES PURSUANT TO SECTION 23958.4 OF THE BUSINESS AND PROFESSIONS CODE WHEREAS, 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, WHEREAS, the local governing body is allowed by state law to delegate responsibility for the determination to another agency; and, - WHEREAS, the City Council has elected to not delegate its authority; NOW THEREFORE, THE CITY COUNCIL OF THE CITY MOORPARK DOES HEREBY ORDER, DIRECT, AND DECLARE 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. 'Pa . La ason Jr. Mayor ATTEST: ODUU�'� MOORPARK BERNARDO M. PEREZ Mayor SCOTT MONTGOMERY Mayor Pro Tom ELOISE BROWN Exhibit 3 Councilmember CLINT HARPER, Ph.D. Councilmember PAUL W. LAWRASON, Jr. Councilmember LILLIAN KELLERMAN City Clerk M E M O R A N D U M iiEMI -L. 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 RICHARD T. HARE City Treasurer TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: August 20, 1990 (CC meeting of 9/5/90) SUBJECT: Downtown Revitalization - Temporary Use Permit Background In August 1989, the Council approved the final text of the Downtown Study and directed the Community Development Committee to work with Staff to implement the basic design elements of the study. Since that time there has been a joint meeting with the Planning Commission and several meetings with the Community Development Committee in which various implementation measures were approved towards implementation of design elements in the Downtown area. This included the creation of a sign overlay district. Staff is still working on the overlay district details. Discussion Since the Council's action in March, it has come to Staff's attention that there is an interest to add additional revitalization efforts by the Downtown merchants. aff has received at least one letter (see attached) regarding a me chants interest to expand their activity and service. The merchants dilemma comes in the form of both the time it takes to process an en'L-itlement application, (such as CUP, CPD or modification to such) Plus the cost involved with the application. pjrl6aug9U 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 This interest was discussed with the Community Development Committee at a recent meeting, The idea of providing an interim regulatory process was considered by the Committee. Staff is suggesting temporary use that the Council consider a six (6) month permit area, until a for various accessory uses in the Downtown permanent process is put the six (6) month into place. At the end of effectiveness of such trial period, staff will analyze the a program. The with a temporary use is as follows: types of uses contemplated 1. Outside eating 2. Live entertainment 3. Outside produce sales 4. Outside cooking There may be others, but only the above have come to Staff's attention. Such temporary use permits should only be valid for six (6) months. This method would allow the City to accomplish two elements. First, it would provide a more streamlined approach to an approval process with only the cost of a zone clearance ($28.00). Second, it would allow the City to determine if such an activity was in any way a problem as it relates to adjacent uses. Staff may spend more time with these requests than a typical zone clearance. However, if successful, the City will receive increased sales tax dollars and help revitalize the Downtown area. Typically, temporary uses are regulated by conditions. It would be Staff's intent to impose appropriate conditions to reduce or eliminate problems between land uses. Staff Recommendation 1. Direct staff to issue temporary use permits, valid for only six (6) months, to existing uses in the proposed Downtown overlay zone area which provide goods or services that promote the Downtown area. Such temporary uses to be limited to those specified by City Council, such as those identified in this report. 2. Direct staff to report back to the City Council with an analysis of the effectiveness of such a program no later than April 1991. Attachment: August 4, 1990 letter, Rogello and Gonzalo Cisneros pjr16aug90 August 5, 1990 letter, A.A Barakat 00440%)