HomeMy WebLinkAboutAGENDA REPORT 1996 1204 CC REG ITEM 10HTO:
FROM:
DATE:
SUBJECT:
AGENDA REPORT
CITY OF MOORPARK
Honorable City Council
Nelson Miller, Director of Community Development
Deborah S. Traffenstedt, Senior Planner 'T)` "l
November 26, 1996 (CC Meeting of 12 -4 -96)
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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 ari urgency measure is proposed are
discussed below.
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Interim Zoning Ordinance
To: Honorable City Council
November 26, 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 .c: 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 -11 -0 (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 irn.terim ordinance. The application
submitted by La Playita for an Administrative Permit was deemed
incomplete due to Redevelopment Agency and code enforcement issues.
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l
ow-I
Interim Zoning Ordinance
To: Honorable City Council
November 26, 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 January 15, 11?97.
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
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VVV�V�
ATTACHMENT- 1
ORDINANCE NO.
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 -ity Council contemplates the
consideration of an amendment tc Title 17, Zoning, within a
reasonable time.
SECTION 3. For the period of time that this ordinance i in
full force and effect, no application for a #�
to allow alcoholic beverage sales shall be accepted for filing
with, or issued or approved by, the
SECTION 4. Pursuant to Government Code Sec i n 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 "ity 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.
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0 JLv3
Ordinance No.
Page 2
SECTION 5. This Ordinance shall be effective immediately upon
its adoption.,, and a exp r and be of no further force and
effect as c(f January 4, 19� less sooner extended after notice
pursuant to Government- e ection 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 publLshed 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 4th day of December, 1996.
ATTEST:
Lillian E. Hare
City Clerk
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Mayor of the City of Moorpark, California
Vo�JLV
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A717ACHMENT
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 Profession
governs the determination b
convenience and necessity ymete local governing body s Code
Alcoholic Beverage Sales License; nd certain y °f Public
applicants for an
WHEREAS, the local governing body
delegate responsibility for the determination to another Y state law to
other agency;
WHEREAS, the
authority; City Council has elected. to not delegate its
NOW THEREFORE, TIM CITY COUNCIL OF THE CITY MOORP
ORDER, DIRECT, AND DECLARE AS FOLLOWS: ARK DOES HEREBY
SECTION 1. The Director of Community Development shall
the procedures enumerated below when follow
the sale Of alcoholic beverages in the City.
processing an application for
a. All applications shall be made on a form
Department of Community Provided b
Processed in the same manner as an Administrative y the
b• The Director shall in all cases defer his shall be
the City Council and shall cause the notifications Permit.
meeting to be mailed as prescribe /her decision to
C. The Director shall d in the Municipal pal Codea
"Presentation /Acti Presentation/Action/Discuss with
item as a
staff report and a recommendation of a
conditional a an appropriate
d approval. approval denial, or
The Director shall assure that a
deposit in the amount commensurate with an Administrative
Permit is .paid y g monetary
e. The decision oft he hCitPPllcant, ative
y Council shall be by resolution.
APPROVED AND ADOPTED this 20th day of December,
1995.
L�-
as
Jr. Mayor
ATTEST: Pa a
DEPARTMENT OF ALCOHOLLIC '
3810 ROSIN COURT, SUM
(916) 263 -6900 150, SACRAMENTO,
ATTACHMENT� 3
March 8, 1995 U
To: County Board of Supervisors
City Councils
Mayors
`- RECE1VED
MAR 13 1995
City of Moorpark
During the 1994 Legislative Session amendments and additions provisions of the Business and Professions Code relating d dditio alcoholic
which affect the local governing bodies n cities and counties.
' ns were made to certain
beverage licensing
ties.
Section 23958.4 was added to the Business and Professions ,
concentration" of licenses and to establish the procedure for Professions
determining
Convenience and necessity will warrant the issuance ode to define 'undue
determination that there is an undue concentration of lice if public
Assembly bill creating Section 2395 ance of a license notwithstanding a
8.4 is enclosed. uses. A copy of the chaptered
With respect to non - retail licenses, bona fide public
hotel, motel, or specified lodging establishments and retail licenses
with a beer manufacturing or wine r P lta eating place licenses, certain
convenience or necessity -would e served, a cons lican issued in conjunction
g ower's license, if the applicant shows that public
In this situation the local governing body does not make a determination
convenience and necessit , se may be issued by the Depal'tlnent.
y However, nothing would preclude a c ty or county from
Protesting the issuance of a license on these grounds or an other
With respect to all other retail licenses, most no Y r grounds.
licenses, off -sale general licenses, and all other on -sale licenses, off -sale beer and wine
whether or not public convenience and necessity is met will be nses, the determination of
governing body of the appropriate city or county. In other words determined b
concentration of license in te area of a proposed licensed Y the local
governing body determines that Issuance r the lice ' If there is an undue
P ensed premises and the local
and necessity standards, the Department of Alcoholic Beverage
that determination and the license could be i license would meet public convenience
Personal determination an t the applicant, citizen r Control will be bound by
issued, assuming other factors, such as the
and necessity factors do not preclude the issuance of the license. protests and other non - public convenience
local governing body determines that public convenience
served, that determination by itself would preclude t se On the other hand, if the
and necessity would not be
Department. he issuance of the license by the
The Department is asking that all determinations of satisf Y i ng public convenience
and necessity be in writing and submitted to the local office of
the Department.
? `T / P rtment.
'� l` 0061
A§ the local governing body you may elect to delegate the duties of d
whether or not public convenience and necessity are met to a subordinate
as a zoning, determining
g Planning, or law enforcement official if desired. If this is your deS1cy such
submit a written notice of such delegation to the Department's Hea
Within 30 days of the date of this notice. If such a delegation is no °n Please
Period we will assume that the local governin b Headquarters address
determinations
g body itself will be making ethesein that
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 t hat the changes in the
law as outlined above will serve to give local officials the abilit y
alcoholic beverage licensing issues. to better deal with---
Sincerely,
enton P. Byersl
Chief Counsel
Assembly Bill No. 2897
CHAPTER 630
An act to amend Section 23958 of
the Business and Professions Code, relating to alcoholic 23958.4 to,
beverages.
[Approved by Governor Se tember 19, 1994. Filed with
Secretary of State September 20, 1994.
AB 2897 LEGISLA'T'IVE COUNSEL'S DIGEST
, Caldera. Alcoholic beverages: retail licenses: undue
concentration.
Existing law provides that the De
Control may deny an application for license Of
tAlcoholic h Beverage
among other things, result in or add to an seance would,
licenses, and the applicant undue concentration of
necessity srved fails to show that public convenience or
defines "undue be served by the issuance.
undue concentration" with regard Existing regulatory law
on -sale and off -sale retail licenses. g to applications for
This bill would instead re
Beverage Control to den quire the Department of
create a law enforcement problem, would result Alcoholic
issuance would tend to
undue concentration of licenses. The b ult in or add to an
definition o f undue concentration 'll would change the
application dig would requirement ult in or add that department de that,
licenses, a undue Partment deny an
license may be issued with respec o a nonretail license,
n °f
a retail on -sale bona fide eating
for a hotel, motel, or other lodging establishment retail license issued
license issued in conjunction with a beer manufacturer's license, or
a �egrower's license, if the a
convenience or necessity would be, s applicant t shows that
respect to any other license, if the ocal ove the issuance public
in which the a 1 g ruing bod 'and with
pp icant premises are located determines of the area
convenience or necessity would be served b rnssua that
Y the issuance, public
The people of the State of California do enact as fo
SECTION 1. [lows:
Section 23958 of the Business and Professions Code
is amended to read:
23958• Upon receipt of an application for a license or for a transfer
thorough fee, the department shall
gh investigation to determine ake a
premises for which a• license isae whether the app]icant and the
whether the provisions of this division have been complied
shall in q �'' for a license and
gate all matters connected therewith with, and
the public welfare and morals. The de ar may affect
P tment shall deny an
Ch, 630
A
—2—
.application for a license or for a transfer
' applicant or the premises for which lic of a license if either the
for a license under this division. license 1s applied do not qua,
The department further shall deny an
issuance of that license would tend to create la for a license if
Problem, or if issuance would result in law enforcement
concentration of licenses, except as provided in Section
or add to an undue
SEC. 2. Section 23958'4 is added to the Business X958.4.
Code, to read; and Professions
23958.4. (a) For
concentration" me Purposes of Section 2,3958
premises -to_ means the applicant premises for "undue
area where premises transfer of any retail license are located an
di (1) (1) The any °f the following conditions exist:
strict applicant Premises are located
that has a 20 percent in a crime reporting
defined in subdivision greater number of reported crimes.
crimes as determined c)' than the average number of reported
jurisdiction of maned from all crime reporting districts
the local law enforcement agency. within the
(2) As to on -sale re
retail licenses to tail license applications, the ratio of on-sale
which the applicant in the census tract or ceps on
pplicant Ptemises are located exceeds the ratio fon-sale 1
retail licenses to population in the county in which
premises are located.
(3) As to off -sale retail license applications, the applicant
retail licenses to population in the census tract census i off -sale
which the applicant re ensus division in
retail licenses is Premises are located exceeds the ratio of off -sale
premises Population in the county in which the a
are located.
(b) Notwithstanding applicant
license as follows: g Section 23958, the de
(I) With res parent may issue a
earn pect to a nonretail license, a retail on -sale bona fide
g place license, a retail license issued for a hotel m
lodging establishment, went, as defined in subdivision ' motel or other
a retail license issued in con' (b) o' Section
manufacturer's license
shows that °r a winegrower's license, o if he applicant
a beer
Public convenience or necessity would
issuance. Y uld be served b
(2) With respect to Y the
of the area in which the any license, if the local
that public conve applicant premises are located determines
body
issuance. nience or necessity would be dies
(c) For served by the
apply.
Purposes of this section, the following definitions
(1) "Reporting districts" shall
boundaries o f means geographical areas
unincorporated area of a county), within the
enforce en�ty (city or the
enforcement agency y) that are identified b
statistical information on reported compilation Y the local law
ported crimes and and of
OQli3.� =i
94 140
A
—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 heft, aggravated
combined with all arrests or
other crimes, both felonies and misdemeanors, except traffic
citations.
(3) "Population within he 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 tractor census
(4) "Population in the county" shall be determined by the annual
Population estimate for California counties publishe
Population Research Unit of the Department of Financed by the
(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
for fishing Party boat), Type 45 (on-sale beer and a beer and wine
Type 46 (on -sale beer and wine for airplane), wine for boat),
general for train and sleeping car T )' Type 53 ion -sale
boat), Type 55 (on -sale general car), Type ( Type general for
general for vessels of more than 1,000 tons burden), 56 (on-sale
62
(on -sale general bona fide public eating place intermittent doeksside
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 Mane
(e) The enactment of this section shall not affect an al.
rights of any holder of a retail license issued prior to April 9 199 ,
whose premises were destroyed or rendered unusable as a resullt o
the civil disturbances occurring in Los Angeles from April 29 to M ay
of
2, 1992, to reopen and operate those licensed premises.
(f) This section shall not apply where the premises have been
licensed and operated with the same type license within 90 days
the application. ys of
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'MISCELLANEOUS PLANNING LAWS AT 11 ACH I E
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) of Division
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 for restoration 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 o Legislature (Added by Stats. 1953, Ch. 152; Amended by Stats. 1982, Ch. 474; Amended by Stats. 1989, Ch. 95')
Of g � lature 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 f�
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, oV0jAjL
1987, shall have legal effect if it legislatively prohibits the concurrent retailing of motor vehicle fuel with beer and wine
260 1996 Plannina 7....:__ . —
MLSC ELLANEouS PLAM MG Laws
for off -safe ; 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 beerand 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 heer and wine in
conjunction with the sale of motor vehicle fuel if that prohibition occurs
Exception
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 limitations
and of subdivision (b), this section shall not prevent a city, county, or City and
county from denying permission, or granting conditional permission, to an in dividual applicant to engage in the
concurrent
Conditional use
retailing of motor vehicle fuel with beer and wine for off - premises consumption pursuant to a valid conditional
use permit ordinance based on appropriate health, safety, or
permit decisions
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 governing 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
decision. whole record to justify the ultimate
(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
State conditions
1, 1994, abide by the following conditions:
(1) No beer or wine shall be displayed within five feet of the cash register 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 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 island> 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
Sales to minors
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 4aracter of operation.
(f) The provisions of this section apply to charter cities.
(Added by Stats. 1987, Ch. 176, Amended by Stars. 1991, Ch. 108. E,ife( tive ./illy 11, 1991.)
Charter cities
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 Two -car garages
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, attractingnew private investment, and creating the physical, economic, social, and environmental
conditions to support continued growth and security of all areas of the state.
The Legislature further finds and declares that many rural communities depend on mortgage financing available
through the Farmers Home Administration and that the continued constniction 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 concem.
(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 L�`�
letter or letter of intent to finance issued by the Farmers Home Administration of the United States Department n 000
Agriculture for the structure, the city, county, or city and county issuing the building permit shall not impose any
i•. -.
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:
Background
ATTACHMENT S
MEMORANDUM
The Honorable City Council
ITE �. •
A64.1c(c 4 35
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 Developmen
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
Position, , � Major
at that time that unless alcoholic beverage was staff's
approved as part of the original pp 9 consumption was
expansion requiring a Major Modification Permit approvaluse would be an
The Council discussed the matter and determined that the followin
occur in the future regarding this subject: g is to
1• That the PO permit application form is to be revised so as to
show disclosure of any intent for on -site
liquor. or off -site sale of
2• If a PD permit is approved after March 15, 1989, that has no
identified it's intent regarding liquor sales or consumption;
to introduce such after approval would require a major
D modification of the original planned development.
isc u fan
With an interest to establish a better identification of the Council's
action, staff is requesting consideration to a g
guidelines as they relate to liquor sales and consumption within the
Cit approve the following
Y• In having such identifiable guidelines it will be easier for the
general public, future a
future staff members pplicants, Alcoholic Beverage Control Board and
sales to transmit the Council's interest towards liqu
and consumption within the City.
79Q
. L �
L
April 12, 1989
page 2
1• That all new commercial
applications shall state clearly pthe nintended euse moftalcoholic
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
15, 1989 shall allow retaPlrmbeerapandVe wine �o sales arch
consumption within the commercial center for both retail sales
Minor Modification
and in conjunction with food service with the approval of a
Development. Permit from the Director of Community
3. That all commercial legal non - conforming uses not previousl
having alcoholic beverage sales shall obtain a y
Planned Development Permit approval Commercial
With the approval of any retail alcoholic beverage salesnction
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
approval to provide general alcoholic beverage sales. the
5. That the following conditions shall be imposed on all futur
commercial planned development permits e
modification permits associated with the major
or minor
retail alcoholic beverage sales: PProval 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.
00o:L14
April 12, 1989
A: page 3
Recommended Action
1 That the City Council review the above draft liquor s
guidelines and amend as deemed appropriate. ales
2•' Adopt the above draft liquor sales guidelines as
Council. modified
by the
.J
000:11%j
ATTACHMENT 6
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 4th DAY OF December, 1996.
ATTEST:
Lillian E. Hare
City Clerk
Mayor of the City of Moorpark, California
-OW2.17