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HomeMy WebLinkAboutAGENDA REPORT 1996 1120 CC REG ITEM 10J• • ITEM 'v ILLI AGENDA REPORT CITY OF MOORPARK TO: Honorable City Council FROM: Nelson Miller, Director of Community Development Deborah S. Traffenstedt, Senior Planner �D DATE: November 18, 1996 (CC Meeting of 11- 20 -96) J f SUBJECT: CONSIDER ADOPTION OF AN INTERIM ZONING ORDINANCE AS AN URGENCY MEASURE, IMPOSING A MORATORIUM ON THE ISSUANCE OF NEW PERMITS FOR ALCOHOLIC BEVERAGE SALES IN THE CITY Section 65858 of the Government Code sets forth the requirements for adoption of an interim zoning ordinance as an urgency measure. Section 65858 allows the legislative body to adopt as an urgency measure an interim ordinance prohibiting any uses which may be conflict with a zoning proposal which the legislative body is considering, or studying, or intends to study within a reasonable time. The urgency measure requires a four - fifths vote of the legislative body for adoption. The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After the required public notice and a public hearing, the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension also requires a four- fifths vote for adoption. Not more than two extensions may be adopted. Ten days prior to the expiration of an interim zoning ordinance or any extension, the legislative body is required to issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. A draft interim zoning ordinance prohibiting new permits for alcoholic beverage sales in the City is attached (Attachment 1), and the reasons why adoption of the ordinance as an urgency measure is proposed are discussed below. c: \1 -m \staffrpt \cc11- 2096.ord Interim Zoning Ordinance To: Honorable City Council November 18, 1996 Page 2 DISCUSSION Staff's primary reason for suggesting adoption of an interim zoning ordinance prohibiting new permits for alcoholic beverage sales in the City is that there are conflicting State law, City Zoning Code, and City policy requirements, as discussed below. Resolution No. 95 -1170 (Attachment 2), adopted on December 20, 1995, sets forth procedures for the processing of applications for alcohol sales pursuant to Section 23958.4 of the Business and Professions Code (Attachment 3). Resolution No. 95 -1170 includes application processing requirements that should be included as code requirements in Title 17, Zoning, of the Moorpark Municipal Code. The Business and Professions Code, Sections 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, that should be incorporated into Title 17, Zoning, as processing requirements. Based on the State regulations identified in Attachment 4, a Conditional Use Permit should be required for concurrent retailing of motor vehicle fuel with beer and wine for off - premises consumption; however, City Resolution No. 95 -1170 (Attachment 2), requires an Administrative Permit for all alcoholic beverage sales. City Council Policy No. 35, Food Service and Liquor Sales Guidelines (Attachment 5), includes conditions to be imposed on all permits associated with the approval of any retail alcoholic beverage sales that should also be incorporated into Title 17, Zoning 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, Zoning, to revise the permit and processing requirements pertaining to alcoholic sales. Resolution No. 95 -1135, establishing certain permit approval processes to be performed by certain city officials, requires that 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. The Administrative Permit process established by Resolution No. 95 -1170 (Attachment 2) did not require Planning Commission review, which was in conflict with Resolution No. 95- 1135. At the current time, there is an application for an Administrative Permit to allow alcoholic beverage sales for the La Playita Restaurant that would be affected by the proposed interim ordinance. The application submitted by La Playita for an Administrative Permit was deemed incomplete due to Redevelopment Agency and code enforcement issues. c: \1 -m \staffrpt \cc11- 2096.ord Interim Zoning Ordinance To: Honorable City Council November 18, 1996 Page 3 Staff is recommending approval of the proposed interim zoning ordinance and initiation of a formal amendment to the Zoning Code. A draft resolution is attached (Attachment 6) to initiate an amendment of Title 17, Zoning, to include regulations pertaining to the permit and processing requirements to allow alcoholic beverage sales. STAFF RECOMMENDATION 1. Adopt an interim zoning ordinance as an urgency measure, imposing a moratorium on the issuance of new permits for alcoholic beverage sales in the City. (Requires a four- fifths vote) 2. Adopt a resolution initiating an amendment of Title 17, Zoning, of the Moorpark Municipal Code, to include regulations pertaining to the permit and processing requirements to allow alcoholic beverage sales. 3. Direct staff to notice a public hearing, prepare a draft ordinance for extension of the interim ordinance, and to prepare a report describing the measures taken to alleviate the condition which led to the adoption of the ordinance, to be considered at a City Council public hearing on December 18, 1996. Attachments: 1. Draft Interim Zoning Ordinance 2. Resolution No. 95 -1170 3. Section 23958.4 of the Business and Professions Code 4. Sections 23790 and 23790.5 of the Business and Professions Code 5. City Council Policy No. 35 6. Draft Resolution Initiating an Amendment of Title 17, Zoning c: \1 -m \staffrpt \cc11- 2096.ord ATTACHMENT 1 ORDINANCE N0. 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 an Administrative Permit to allow alcoholic beverage sales shall be accepted for filing with, or issued or approved by, the City. 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 Administrative 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 \ur9- zon.ord Oroinan'ce 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 4, 1996, 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 20th day of November, 1996. Mayor of the City of Moorpark, California ATTEST: Lillian E. Hare City Clerk dst c: \1- m \ord \urg- zon.ord r ATTACHM ENT 2 a RESOLUTION NO 95- 1170 1 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 necessity met b Alcoholic Beverage Sales License; and certain applicants for an WHEREAS, the local governing body is allowed by state law to delegate responsibility for the determination to another agency; and, g Y. WHEREAS, the City Council has elected to not delegate its authority; NOW THEREFORE, THE CITY COUNCIL OF THE CITY MOORPARK DOES HEREB ORDER, DIRECT, AND DECLARE AS FOLLOWS: Y SECTION 1. The Director of Community Development shall follow the procedures enumerated below when processing an application f or 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 "Presentation /Action /Discus as a slon'Iitem with na staff report and a recommendation of approval PPropriatr conditional approval. , denial, or d. The Director shall assure that a 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 ATTEST: La ason� Mayor PQPOK Cy <, i Lillian E. Hare, City C i � n 9 09 OW 067 OF &LIFORNIA - 'DEPARTMENT OF ALCOHOLIC 3810 ROSIN COURT, SUITE 150, SACRAMENTO. (916) 263 -6900 1 AND ATTACHMENT 3 March 8, 1995 To: County Board of Supervisors City Councils Mayors rg 4 1 -- RECEIVED MAR 13 1995 CITY of Moorpark During the 1994 Legislative Session amendments and additions were made to provisions of the Business and Professions Code relating to alcoholic bevera e licensing Certain which affect the local governing bodies of cities and counties. g ensing Section 23958.4 was added to the Business and Professions Code to concentration" of licenses and to establish the procedure for determining if public convenience and necessity will warrant the issuance of a i define "undue determination that there is an undue concentration of licensesnsAn�owithstanding a Assembly bill creating Section 23958.4 is enclosed. PY of the chaptered With respect to non - retail licenses, bona fide public eating place licenses ce hotel, motel, or specified lodging establishments and retail licenses issued in conjrcti with a beer manufacturing or winegrower's license, if the applicant shows that convenience or necessity would be served, a license may be issued by the Department. In this situation the local governing body does not make a deter at public convenience and necessity. However, nothing would preclude a citation of public yfinent. protesting the issuance of a license on these grounds or any other roun s. from g ds. With respect to all other retail licenses, most notably all off -sale beer and w' licenses, off -sale general licenses, and all other on -sale licenses, the determination whether or not public convenience and necessity is met will be determinednation of governing body of the appropriate city or county. In other words, if there is an concentration of licenses in the area of a proposed licensed y the local governing body determines that issuance of the license would me undue ed premises and the local and necessity standards, the Department of Alcoholic Beverage Control will that determination and the license could be issued a et public convenience personal qualification of the applicant, citizen protests and of be bound by assuming other factors, such as the and necessity factors do not preclude the issuance of the license. On the other local governing body determines that public her non- public convenience served, that determination by itself would p eclude the convenience d necessity would notdbef the Department. e of the license by the The Department is asking that all determinations of satisfying public con venience p and necessity be in writing and submitted to the local office of the Department. ment. A§ 'the local governing body you may elect to delegate the duties of determining whether or not public convenience and necessity are met to a subordinate agency such as a zoning, planning, or law enforcement official if desired. If this is your decision lease submit a written notice of such delegation to the Department's Headquarters address within 30 days of the date of this notice. If such a delegation is not made within that Period we will assume that the local governing body itself will be making these determinations Please send all notifications of delegation of these duties to: Department of Alcoholic Beverage Control Office of the Director 3810 Rosin Court, Suite 150 Sacramento, CA 95834 We appreciate your cooperation in these matters and we feel that the changes in th law as outlined above will serve to give local officials the ability to better deal wit - e alcoholic beverage licensing issues. h Sincerely, �4 enton P. Byers �j Chief Counsel i, Assembly Bill No. 2897 CHAPTER 630 An act to amend Section 23958 of and to add Section 23958.4 to the Business and Professions Code, relating tb alcoholic beverages, [Approved by Governor September 19, 1994. Filed with Secretary of State September 20, 1y94.1 LEGISLATIVE COUNSEL'S DIGFST AB 2897, Caldera. Alcoholic beverages: retail licenses: undue due Existing law provides that the De ar Control may deny an application for a license Of Al holic Beverage among other things, result in or add to an d licenses, and the applicant fails to show that ublic convenience of necessity would be served by the issuance. defines Existing regulatory or undue concentration" with regard to a gulato law on -sale and off -sale retail licenses. applications for This bill would instead require the Department of Beverage Control to den p Alcoholic create a law enforcement p oblePrn, application woulissuance in or a tend n undue concentration of licenses. The bill add to an definition of undue concentration would change he notwithstanding the requirement that the department provide that, application that would result in or add to an undue ccen ation o an licenses, a license may be issued with respect to a nonretail license, of a retail on -sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as define ail license issued in conjunction with a beer manufacturer's license, d, a retail a winegrower's license, if the applicant convenience or necessity would be served bythe issuance, or respect to an public in which the applicant premises es local 'and `�'�th governing body of the area convenience or necessity would be served by heis determines that public The PeOPle of the State of California do enact as follows. SECTION 1. Section 23958 of the Business and Professions C is amended to read: ode 23958- Upon receipt of an application for a license or for a trap of a license and the applicable fee, the department shall m sfer thorough investigation to determine make a premises for which a- license i pplied whether the applicant and the whether the provisions of this division have been complied with, and shall investigate all matters connected therewith which rna th, and the public welfare and morals. The department shall d'e affect eny an ChA 630 (� A - 2 application for a license or for a transfer of a license if eith applicant or the premises for which a license is a er the for a license under this division PPlied do not qualify The department further shall deny an issuance of that license would tend to create en fo tense if Problem, or if issuance would result in or add to an Cement concentration of licenses, except as provided in Section SEC. 2. undue Section 23858,4 is added to the Business and ofe8ss ons Code, to read: 23958.4• (a) For concentration" Purposes of Section 23958, "undue means the applicant premises for an premises -to- premises transfer of any retail license are located or area where any of the following conditions exist: (1) The a in an dnstrict that applicant Premises are located has a 20 percent in a crime reporting defined in subdivision c greater number of reported crimes as crimes as determined ()' than file average number of re ruined from all crime reporting districts withiroire jurisdiction of the local law enforcement agency. (2) As to on -sale retail license applications, retail licenses to Population in the censu tract or census division on -sale which the applicant Premises are located exceeds the ratio retail licenses to vision in premises are located. Population in the county in which the of on -sale (3) As to off -sale retail license applications, retail licenses to population in the census tract �onccensus division sale which the applicant premises are located exceeds the rati retail licenses to o vision in premises are located. elation in the county in which the of applicant (b) Notwithstanding PPlicant license as follows: g Section 23958, the department may issue a (1) With respect to a nonretail license, a retail on -sale b eating place license, a retail license issued for a hotel, motel ono fide lodging establishment, , as defined in subdivision b or other a retail license issued in () of Section manufacturer's license, or a winegrower 's license, if the applicant a shows that beer Public convenience or necessity would be serve issuance. (2) With respect to an Y the of the area in which the applicant t premises areoloc that governing body Public convenience or necessity aced determines issuance. Y would be served (c) For purposes of this section, the following by the apply' g definitions shall (1) "Reporting districts" boundaries of a means geographical areas boundaries unincorporated da single governmental within the area of a count entity (city or the enforcement agency Y), that are identified by the local late statistical infor ation on reportedncrrimeoand and of arrests. 94 140 -3— Ch. 630 (2) "Reported crimes" means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, larceny theft, and motor vehicle theft, aggravated d with all arrests for, other crimes, both felonies and misdemeanors, except traffic citations. (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 an applicant from establishing that an increase of resident population has occurred within the ce division. nsus tract or census (4) "Population in the county" shall be determined by the annu 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 Type 46 (on -sale beer and wine for airplane), wuie for boat), general for train and sleeping car) , Type 54 (o sale generals for boat), Type 55 (on -sale general for airplane), general for vessels of more than 1,000 tons burden) 56 (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 an rights of any holder of a retail license issued prior to tj y existing p whose premises were destroyed or rendered unusable as a result of the civil disturbances occurring in Los Angeles from April 29 to Ma 2, 1992, to reopen and operate those licensed premises. y (f) This section shall not apply where the premises have been licensed and operated with the same type license within 90 days of the application. Lei 94 160 MISCELLANEOUS PLANNING LAWS ATTACHMENT ACHMEN T Chapter 9. Mobile Health Care Units (Excerpts from the Health and Safety Code) 1765.105. As used in this chapter, the following definitions shall apply: (a) "Parent facility" means a health facility licensed pursuant to Chapter 2 (commencing with Section 1250)ofDivision 2, or a clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2. (b) (1) "Mobile service unit" or "mobile unit" means a special purpose commercial coach as defined in Section 18012.5, or a commercial coach as defined in Section 18001.8, that provides services as set forth in Section 1765.110, and meets any of the following criteria: (A) Is approved pursuant to this chapter by the state department as a service of a licensed health facility, as defined in Section 1250. (B) Is approved by the state department pursuant to this chapter as a service of a licensed clinic, as defined in Section 1200. (C) Is licensed pursuant to this chapter by the state department as a clinic, as defined in Section 1200. (D) Is licensed pursuant to this chapter as an "other" type of approved mobile unit by the state department. "Other" types of approved mobile units shall be limited to mobile units performing services within a new health facility or clinic licensure categories created after the effective date of this chapter. The State Department of Health Services shall not create a new health facility or clinic licensure category under this subparagraph absent a legislative mandate. (2) "Mobile service unit" or "mobile unit" does not mean a modular, relocatable, or transportable unit that is designed to be placed on a foundation when it reaches its destination, nor does it mean any entity that is exempt from licensure pursuant to Section 1206. (Added by Stats. 1993, Ch. 1020.) Zoning approval 1765.155. (a) The licensed parent facility or clinic shall be responsible for obtaining approvals for the site or sites of the mobile unit from the local planning, zoning, and fire authorities, as required. (b) The mobile unit shall be situated for safe and comfortable patient access. The mobile unit shall comply with all local parking laws. Any parking restrictions developed by a parent facility or clinic for mobile units shall be strictly enforced by the parent facility or clinic. (c) The parent facility or clinic shall ensure that there is sufficient lighting around the perimeter of the site from which the mobile unit provides any services. (Added by Stats. 1993, Ch. 1020.) Zoning and Concurrent Sales of Motor Vehicle Fuel with Beer/Wine (Excerpts from the Business and Professions Code) Zoning ordinance 23790. No retail license shall be issued for any premises which are located in any territory where the exercise of the rights and privileges conferred by the license is contrary to a valid zoning ordinance of any county or city. Premises which had been used in the exercise of those rights and privileges at a time prior to the effective date of the zoning ordinance may continue operation under the following conditions: (a) The premises retain the same type of retail liquor license within a license classification. (b) The licensed premises are operated continuously without substantial change in mode or character of operation. For purposes of this subdivision, a break in continuous operation does not include: (1) A closure for not more than 30 days for purposes of repair, if that repair does not change the nature of the licensed premises and does not increase the square footage of the business used for the sale of alcoholic beverages. (2) The closure forrestoration of premises rendered totally 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. Intent of Legislature 23790.5 a) s the intent of he Legislature Amended en cting 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 tan 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 260 1996 Planning, Zoning, and Development Laws MISCELLANEOUS PLANNING LAWS I for off -sale - onsumption in zoning districts where the zoning 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 city and county ordinance or resolution adopted on or after May 5, 1997, shall have legal effect if it legislatively prohibits the concurrent retailing of motor vehicle fuel with beer and wine for off -sale consumption in zoning districts where the zoning 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 beer and wine in 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 uses which includes alcoholic beverages or beer and wine as a named or unnamed part of that larger class, if that prohibition was enacted before August 1, 1985. (c) Subject to the restrictions and limitations of subdivision (b), this section shall not prevent a city, county, or city and county from denying permission, or granting conditional permission, to an individual applicant to engage in the concurrent retailing of motor vehicle fuel with beer and wine for off - premises consumption mption pursuant to a valid conditional use permit ordinance based on appropriate health, safety, or general welfare standards contained in the ordinance if that conditional use permit ordinance contains all of the following: (1) A requirement for written findings. (2) A provision for an administrative appeal if the goveming body has delegated its power to issue or deny a conditional use permit. (3) Procedures for notice of a hearing, conduct of a hearing, and an opportunity for all parties to present testimony. (4) A requirement that the findings be based on substantial evidence 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 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 five feet of the cash regi ster or the front door unless it is 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 windoti. (4) No display or sale of beer or wine shall be made from an ice tuh. (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 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 continuous operation of the establishment nor a substantial change in the mode or ( haracter of operation. (f) The provisions of this section apply to charter cities. (Added by Stats. 1987, Ch. 176; Amended by Stats. 1991, Ch. 108. Effective itd); 11, 1991.) Occupancy Standards and Zoning Variances (Excerpts from the Health and Safety Code) 17922.9. (a) The Legislature hereby finds and declares that the provision of an adequate level of affordable housing, in and of itself, is a fundamental responsibility of the state and that a generally inadequate supply of decent, safe, and sanitary housing affordable to persons of low and moderate income threatens orderly community and regional development, includingjob creation, attracting new private investment, and creating the physical, economic, social, and environmental conditions to support continued growth and security of all areas of the state. The Leo stature further finds and declares that many rural communities depend on mortgage financing available through the Farmers Home Administration and that the continued construction of affordable housing is a priority for the state. However, the Legislature, in requiring waiver of certain local requirements respecting adequacy of garages and carports, and house size does not endorse the restrictive Farmers home .Administration regulations that preclude financing of two -car garages and houses exceeding a maximum size. The Legislature further finds and declares that inadequate housing supplies have a negative impact on regional development and are, therefore, a matter of statewide interest and concern. (b) Notwithstanding any local ordinance, charter provision, or regulation to the contrary, if the applicant for a building permit for construction of a qualifying residential structure submits with the application a conditional loan commitment letter or letter of intent to finance issued by the Farmers Home Administration of the United States Department of Agriculture for the structure, the city, county, or city and county issuing the building permit shall not impose any Exception Conditional use permit decisions State conditions Sales to minors Charter cities Two -car garages ELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tern CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer TO: FROM: DATE: SUBJECT: Background ATTACHMENT 5 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 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 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. Z• If a PO 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 4 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 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. 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 b ,�L Council. y the ` RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, INITIATING PROCEEDINGS, DIRECTING THE PLANNING COMMISSION TO STUDY, SET A PUBLIC HEARING, AND PROVIDE A RECOMMENDATION TO THE CITY COUNCIL PERTAINING TO PROPOSED AMENDMENT OF TITLE 17, ZONING, OF MOORPARK MUNICIPAL CODE, PERTAINING TO THE ISSUANCE OF PERMITS FOR ALCOHOLIC BEVERAGE SALES IN THE CITY WHEREAS, on November 20, 1996, the City Council adopted an interim zoning ordinance as an urgency measure, imposing a moratorium on the issuance of new permits for alcoholic beverage sales in the City; and WHEREAS, the City Council has found and declared 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; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the City Council does hereby initiate consideration of an 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. That the Planning Commission is hereby directed to study, set a public hearing, and provide a recommendation to the City Council pertaining to necessary Zoning Code revisions. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution, and shall forward a certified copy of said resolution to the Planning Commission. Resolution No. 96- Page 2 PASSED AND ADOPTED THIS 20th DAY OF November, 1996. Mayor of the City of Moorpark, California ATTEST: Lillian E. Hare City Clerk