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HomeMy WebLinkAboutAGENDA REPORT 1997 0604 CC REG ITEM 08BrrEM TO: The Honorable City Council FROM: Nelson Miller, Director of Community Development Prepared by Sandra Massa- Lavitt, Consulting Planner DATE: May 21,1997 (CC meeting of June 4, 1997) SUBJECT: ZONING ORDINANCE AMENDMENT NO. 97 -02 TO CONSIDER AN AMENDMENT TO THE ZONING ORDINANCE WHICH WOULD REQUIRE A CITY COUNCIL APPROVED CONDITIONAL USE PERMIT FOR ANY BUSINESS SELLING ALCOHOLIC BEVERAGES On December 26, 1996, the City Council adopted Interim Urgency Ordinance 222, extending Interim Urgency Ordinance 221, which established a moratorium on the acceptance or approval of applications for businesses which sell alcoholic beverages. The Council also directed the Planning Commission to study inconsistencies among the requirements of state law, City codes, and City policies relating to businesses which propose to sell alcoholic beverages. At its meeting of May 12, 1997, the Planning Commission considered an amendment to the zoning ordinance which would require a Conditional Use Permit for the issuance of an alcoholic beverage license in the City of Moorpark. A copy of the Planning Commission Staff Report is attached. At its meeting of May 12, 1997, the Planning Commission discussed the inconsistencies between policies and code sections that are now in place and concerns about the costs and time of processing a Conditional Use Permit which would require review and recommendations by the Planning Commission and action by the City Council. There was also mention of whether there might be different processes for different types of applications. A Conditional Use Permit process would add considerable time and costs to the processing o f applications. It would also expand the area to which notice is given of an application from 300 feet to 1,000 feet from the property boundaries. Zoa9702.rep 1 Zoning Ordinance Amendment 97 -02 June 4, 1997 Page 2 In order to streamline the process and save City Council time, by a 3 -0 vote, with Chairman Acosta and Commissioner Norcross absent, the Planning Commission recommended that the Planning Commission be the decision making body, with appeal to the City Council. Planning Commission also recommended additions to the conditions to be placed that specify "for on -sale permits" since two of the conditions would relate only to these types of applications. As discussed in the Planning Commission staff Report, a City Council approved Conditional Use Permit was recommended by staff due to the requirements relating to the concurrent sale of alcohol and motor vehicle fuels and the requirements for action by the legislative body on review of permits referred by the Alcohol Beverage Control (ABC) Board. If City Council desires to delegate this review authority, this delegation must be specifically reported to ABC. Under City Council Policy No. 35 (Attachment 5 to the Planning Commission Staff Report) there were several conditions to be imposed on permits associated with the approval of retail alcoholic beverage sales. These conditions were included in the proposed ordinance. However, the City Attorney has recommended deletion of the conditions relating to entertainment, due to concerns regarding lack of specificity and issues relating to First Amendment concerns. This condition was deleted from the proposed ordinance. Consistent with current City Council policy, the ordinance presented for consideration designates the City Council as the decision making body. If the Council wishes to accept Planning Commission recommendation, then Sections 3 & 5 of the draft ordinance should be changed from City Council to Planning Commission. Council should also take action to specifically delegate the authority for findings of public convenience and necessity as required by Section 23958.4 of the Business and Professions Code (Attachment 3 of the Planning Commission Staff Report) to the Planning Commission and direct this action be reported to the Alcoholic Beverage Control Board. QW007 Zoa9702.rep 2 Zoning Ordinance Amendment 97 -02 June 4, 1997 Page 3 1. Open the public hearing, accept public testimony, and close the public hearing. 2. Determine that the modifications to the City's Zoning Ordinance are categorically exempt pursuant to State CEQA Guidelines Section 15061 (b) (3) . 3. Adopt the ordinance amending the Zoning Code as Amendment No. 97 -02; requiring a Conditional Use Permit approved by the City Council for any buisness selling alcoholic beverages in the City. Attachment: Ordinance Amending Municipal Code Sections 17.20.060 and 17.44.030. Planning Commission Resolution to the City Council Planning Commission staff report of May 12, 1997 Zoa9702.rep 3 ION RESOLUTION NO. PC -97 -336 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL THE PLANNING APPROVAL OF AN ORDINANCE REQUIRING A CONDITIONAL USE PERMIT FOR THE ISSUANCE OF AN ALCOHOLIC BEVERAGE CONTROL PERMIT AND ADDING SECTION 17.44.030.2.G. SETTING FORTH FINDINGS FOR SAID PERMIT WHEREAS, at a duly notice public hearing on May 12, 1997, regarding consideration of said ordinance. WHEREAS, at its meeting of May 12, 1997, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing; and WHEREAS, the Planning Commission, after review and consideration of the information contained in the staff report dated April 28, 1997 and testimony, has made a recommendation to the City Council. WHEREAS, a determination that this project is exempt pursuant to the California Environmental Quality Act, Section 15061 (b) (3). NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission determined that the amendment to the Zoning Ordinance is exempt from the California State Environmental Quality Act (CEQA) Guidelines pursuant to Section 15061 (b) (3) in that the proposed change in the General Plan Land Use and Zoning Designation do not have the potential for causing a significant effect on the environment. SECTION 2. That the Planning Commission recommends to the City Council approval of an ordinance requiring a Conditional Use Permit for the issuance of an Alcoholic Beverage Control Permit and adding Section 17.44.030.2.6. setting forth findings for said permit with the following changes. a. In Sections 3 and 5 of the proposed ordinance City Council shall be changed to Planning Commission as the approving authority. b. "For on -sale permits" shall be added to conditions (I) and (ii) since these conditions relate to on -sale uses. Pc97- 336.wpd Resolution No. PC -97 -336 Alcoholic Beverage Control Permit Page 2 The action of the foregoing direction was approved by the following roll call vote: AYES: Millhouse, Miller, Lowenberg; ABSENT: Acosta and Norcross PASSED, APPROVED, AND ADOPTED THIS 12th DAY OF MAY. 1997. ATTEST: / f Celia LaFleur, Secretary to the Planning Commission Pc97-336.wpd W4010 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK AMENDING THE MUNICIPAL CODE BY ADDING SECTION 17.20.060, BY REVISING SUBSECTION A.l.b OF SECTION 17.44.030 AND BY ADDING SUB - SECTION 2.G. TO SECTION 17.44.030 RELATIVE TO CONDITIONAL USE PERMITS AND REQUIRING SUCH A PERMIT FOR ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGE. WHEREAS, on November 26, 1996, the City Council adopted Ordinance No 221 placing a moratorium on the issuance of land use permits for establishments selling Alcoholic Beverages for a period of 45 days and directing the Planning Commission to study Title 17 of the Municipal Code and various state laws which refer to Alcoholic Beverage sales to eliminate any ambiguities and conflicts which may exist; and WHEREAS, on December 26, 1996, the City Council adopted Ordinance No. 222 extending the moratorium for a period of 10 months and 15 days pursuant to Government Code Section 65858 (a); and WHEREAS, Ordinance No. 222 expires on June 30, 1997 WHEREAS, this ordinance shall become effective on NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council hereby finds that the adoption of this ordinance is exempt from California Environmental Review by Section 15061 (b) (3) of the CEQA Guidelines. SECTION 2: This ordinance shall supersede Resolution No. 95 -1170 which established an Administrative Permit as the procedure relative to the issuance of all Alcoholic Beverage control licenses and shall also supersede City Council Policy No. 35, both of which are hereby rescinded. SECTION 3: The Moorpark Municipal Code is hereby amended by adding "Alcoholic Beverages, establishments selling, whether for on- premise or off - premise consumption" to Table 17.20.060 as permitted uses in all commercial and industrial zones with a City Council proved Conditional Use Permit and by adding Note 9. To ORD604.CC.wpd 1:05 PM Y M V wki M Ordinance No. 97- Conditional Use Permit for Alcoholic Beverage Licenses Page 2 "Notes for Table 17.20.06011, which note shall read as follows: 119. The establishment must be an otherwise permitted or conditionally permitted use in the zone. ". SECTION 4: The Moorpark Municipal Code is hereby amended by revising subsection A.1. b. Of Section 17.44.030 to read as follows: . "b. Conditional Use Permit (CUP) . A conditional use permit is a permit based on a discretionary decision required prior to initiation of particular uses not allowed as a matter of right. Such permits are subject to site plan review and may be conditioned at the time of approval. The applicant for such a use shall be approved or denied through a public hearing process before the decision - making authority specified in Table 17.20.060. The procedures for notice of the public hearing conduct of the hearing and receipt of testimony shall be as specified in Section 17.44.090. The application may be denied on the basis that the applicant has not met the applicable burden of proof required by subsections A.2 through A.7 of this Section. Prior to approving or denying an application, the decision - making authority shall make written findings based upon substantial evidence in view of the whole record to justify the decision. With the exception of projects initiated by a City agency or department, when the City Council is the decision- making authority, the application shall first be reviewed by the Planning Commission. When the Planning Commission is the decision- making authority, its decision to approve or deny the application may be appealed to the City Council pursuant to Section 17.44.090." SECTION 5: The Moorpark Municipal Code is hereby amended by adding subsection A.7 to Section 17.44.030 to read as follows: 1%7. Additional Standards for Establishments Selling Alcoholic Beverages. If the proposed development is an establishment selling Alcoholic Beverages, the applicant shall have the burden of proving, in addition to the provisions of subsection A.2 of this section, that: ORD604.CC.wpd 1:05 PM V 1UM04� Ordinance No. 97- Conditional Use Permit for Alcoholic Beverage Licenses Page 3 a. The use will not result in an over concentration in the area of establishments selling Alcoholic Beverages; b. The use will serve a public convenience; and c. The use will not create the need for increased police services. Unless otherwise modified by the City Council, the following conditions shall be imposed on all establishments selling Alcoholic Beverages: (i) the use shall close for business between the hours of 12:00 a.m. midnight and 6:00 a.m.; (ii) for on -sale permits, food service shall be available during all business hours that Alcoholic Beverages are available for sale; (iii) for on -sale permits, a fixed bar shall not be used in connection with the on- premises consumption of Alcoholic Beverages, unless it has been approved as part of the Conditional Use Permit." APPROVED AND ADOPTED this day of 1, 1997. Patrick Hunter, Mayor ATTEST: Lillian E. Hare, City Clerk a:abc \ord604.cc ()M A*3 AGENDA REPORT CITY OF MOORPARK PLANNING COMMISSION TO: The Planning Commission FROM: Nelson Miller, Director of Community DevelopmenO 0- Sandra Massa- Lavitt, Consulting Planner DATE: April 28, 1997 (PC Meeting of May 12, 1997) SUBJECT: CONSIDER AN AMENDMENT TO THE ZONING ORDINANCE WHICH WOULD REQUIRE A CITY COUNCIL APPROVED CONDITIONAL USE PERMIT FOR ANY BUSINESS SELLING ACHOLIC BEVERAGES. On December 26, 1996, the City Council adopted Ordinance No. 222 extending ordinance No. 221 which established a moratorium on the issuance of approvals for any alcoholic beverage control (ABC) license request. In the body of Ordinance 222 is direction to the Planning Commission to study the issue of conflict between state law and municipal code which both regulate the issuance of ABC licenses. Resolution No. 95 -1170 established the Administrative Permit procedure for the issuance of an ABC license subject to the approval of the City Council. Administrative Permit Currently the City requires the submittal of an Administrative Permit requesting a land use approval to sell both on -sale' and off -sale' alcoholic beverages. Title 17.44.030 (d.) states that all Administrative Permits which request approval for the dispensing of alcoholic beverages must be heard and approved by the City Council. Resolution No. 95 -1170 ' on -sale - the consumption of beverages on site i.e. restaurant, bar, cocktail lounge, etc ' Off -sale - the beverage is consumed off the premises of sale, i.e liquor store, mini - market, grocery store, etc. ABC. rev. V VM 14 The Planning Commission Amendment Requiring Approval of Conditional Use Permit for Alcoholic Beverages Page 2 Resolution No. 95 -1170 (Attachment 2), adopted on December 20, 1996, sets forth procedures for the processing of applications for ABC permits pursuant to Section 23958.4 of tYle State of California Business and Professions Code (Attachment 3). Resolution No. 95- 1170 includes application processing requirements that are more appropriately included as code requirements in Title 17, of the Moorpark Municipal Code. The Business and Professions Code, Section 23790 and 23790.5 (Attachment 4) includes regulations pertaining to the concurrent retailing of motor vehicle fuel and beer and wine for off - premises consumption. All of which should be incorporated into Title 17 as processing requirements. Based on the State regulation identified in Attachment 4, a Conditional Use Permit rather than an Administrative Permit should be required for concurrent retailing of motor vehicle fuel with beer and wine for off - premise consumption. However, City Resolution No. 95 -1170 requires an Administrative Permit for all alcoholic beverage sales. City Council Policy No. 35 City Council Policy No. 35, Food Service and Liquor Sales Guidelines (Attachment 5), includes guidelines for application and conditions to be imposed on all permits associated with approving retail alcoholic beverages sales that should also be incorporated into Title 17 as permit requirements. The need for Planning Commission review of an application for alcoholic beverage sales should also be addressed in conjunction with the amendment of Title 17, to revise the permit and processing requirements pertaining to alcoholic sales. In codifying City Council Policy, the guidelines for applications found in Attachment 5 will be incorporated with the application submittal with all applications required to obtain a Conditional Use Permit. The conditions are suggested to be added to the Code. Resolution No. 95 -1135 Resolution No. 95 -1135, establishes certain permit approval processes be performed by certain city officials (Attachment 6). It requires that when the City Council is cited as the approving rev. V VMYls The Planning Commission Amendment Requiring Approval of Conditional Use Permit for Alcoholic Beverages Page 3 authority, the Planning Commission shall first review the application and shall make appropriate recommendations to the City Council in a manner as prescribed by the Zoning Code. The Administrative Permit process established by Resolution No. 95 -1170 did not require Planning Commission review, which is not consistent with Resolution No. 1135. ABC Regulations The State of California Alcohol Beverage Control Board is the governing body that makes the final decision on the issuance of ABC licenses. Their decision is based on several factors. The first is the character and history of the applicant; secondarily, reason for the issuance or denial of a license is based upon the determination of the local governing agency. In the case of the City of Moorpark, the City Council approval or denial of an Administrative Permit can determine the outcome of an application. The ABC board generally will not obviate the decision of the City Council and issue a license over the denial of the City. However, if protests are received from other individuals or agencies the Board may deny an application for license over the approval of the City Council. The City's determination of the approval or denial of a request for ABC must now be based on the issues stated in their letter (Attachment 3). The criteria is briefly discussed below:, Denial - based upon "undue concentration" The premises are located in an area that has a 20 percent greater number of ,crimes than other reporting districts (reporting districts of the local law enforcement agency), based on population ratio to crime statistics. The local law enforcement agency has established fifteen (15) reporting districts in the City of Moorpark. For on -sale retail licenses the number of existing licenses based upon population ratio to ABC licenses in the census tract as compared to the ratio of the county as a whole. rev. () G-11; The Planning Commission Amendment Requiring Approval of Conditional Use Permit for Alcoholic Beverages Page 4 An off -sale retail licenses is also based on the population in the census tract and the existing number of ABC licenses as compared to the ratio of the county as a whole. For bonafide restaurants the same criteria is used although a license may be issued by virtue of its use in a restaurant, hotel, lodging establishment. The same criteria is used for the Premise to Premise transfer of licenses, the issue of over concentration could be a consideration during the application period. This ordinance would combine all the various overlapping and redundant requirements into one section of the zoning ordinance. 'In order to be consistent with the state law requirements, future requests for businesses with a combination beer /wine /gasoline should be dealt with through a Conditional Use Permit, where the issue of over concentration could be evaluated during review of the Conditional Use Permit. Conditional Use Permit Section 17.44.030 (2) of the Municipal Code states that findings shall be made in order to approve a Conditional Use Permit. These findings are based on consistency with the General Plan, character compatibility with the surrounding area, not be obnoxious or harmful, non - detrimental to public health and safety, etc, compatibility with surrounding existing and planned land uses, compatible with scale visual character, design. A Conditional Use Permit for the sale of alcohol would have four (4) additional findings: A. An over concentration of alcoholic beverage licenses or uses in the area will not result from its application. B. The issuance of an alcoholic beverage license will serve a public convenience. rev. OW(A ? The Planning Commission Amendment Requiring Approval of Conditional Use Permit for Alcoholic Beverages Page 5 C. This project will not create the need for increased police involvement. D. Conditions of approval have been applied which will ensure that the operation runs in accordance with the City Municipal Code. Allowing a Conditional Use Permit for ABC approval would provide opportunity for full evaluation of an application. The necessity of making findings assures the City and the community the best opportunity for good rational decision making. This issue of requiring a Conditional Use Permit for ABC licenses has elicited some interest from the California Grocer's Association. Ms. Beth Beeman of the Association is concerned with restrictions that could be place on an application, and the ability of the grocer to conduct a viable business. Its' concern is that alcoholic beverages could be restricted in sales or denied, and /or that the hours of operation of a business would be curtailed simply because there is alcoholic beverages sold at the business. The Grocer's Association want assurance that legitimate business will not be restrained by inordinate conditions which would pose a hardship on business owners. The City has the ability to restrict the hours of operation of a business whether or not it sells alcoholic beverages. The state regulates the sale of alcoholic beverages and limits the hours of sale to 6:00 a.m. and 2:00 a.m. The City, through a Conditional Use Permit, could regulate hours of alcoholic beverages based upon information collected other from City departments and agencies (Fire, Police, etc) based on "undue concentration, crime statistics, number of licenses issued to population ratio. It is at the discretion of the Alcoholic Beverage Control Board to include those restrictions on the license it issues.. Using the Planning Commission as the decision making body for the Conditional Use Permit is consistent with the procedure found in many communities within Southern California. It also decreases the rev. VMVl-8 The Planning Commission Amendment Requiring Approval of Conditional Use Permit for Alcoholic Beverages Page 6 amount of time necessary for would the City Council hear City Council would need to review of application for Planning Commission. a permit to be issued. Only on appeal the permit. If this was desired the specifically delegate authority for sale of alcoholic beverages to the Instituting a Conditional Use Permit process in place of an Administrative Permit for review and approval of ABC applications, is consistent with the requirements of State Law. It allows the opportunity to apply additional conditions of approval relating to over concentration and community need and necessity. Review of a Conditional Use Permit by the Planning Commission complies with the requirements of Resolution No. 1135 whereby the Planning Commission reviews and recommends to the City Council. Adoption of the resolutions and ordinances in your packet would supersede previous Ordinances and Resolutions that apply to this issue. The moratorium ordinance would expire and the new ordinance would take its place thereby allowing the issuance of a Conditional Use Permit for businesses which sell alcoholic beverages under the conditions iterated in the new ordinance. Resolution No. 97- would also rescind Resolution No. 1170, which established the use of an Administrative Permit as the vehicle for review of ABC licenses requests. The project is exempt under Section 15061 (b) (3) of the Guidelines. Since the changes proposed to the Zoning Ordinance do not have the potential for causing a significant effect on the environment. It is recommended that the Planning Commission: 1. Open the public hearing, accept public testimony, close the public hearing. rev. V L 019 The Planning Commission Amendment Requiring Approval of Conditional Use Permit for Alcoholic Beverages Page 7 2. Determine that the amendment to the City's Zoning Ordinance are categorically exempt pursuant to State CEQA Guidelines Section 15061 (b) (3) . 3. Adopt Resolution No. PC -97- , recommending to the City Council adoption of an Ordinance requiring a Conditional Use Permit application for a request for an alcoholic beverage license, rescinding Ordinance 222 and Resolution No. 95 -1170. rev. RESOLUTION NO. PC -97- A RESOLUTION OF THE PANG COM[ISSION OF THE CITY OF MOORPARK, CALIF IA RECfEEOWING TO THE CITY COONCIL THE PLANNING COMLISBION REDS TO THE CITY COUNCIL APPROVAL OF AN ORDINANCE REQUIRING A CONDITIOMIL USE PERMIT FOR THE ISLE OF AN ALCOHOLIC BEVXUQE CONTROL PERKIT AND ADDING SECCTION 17.44.030.2.(3. SETTING FORTH FINDINGS FOR SAID PERMIT. WHEREAS, at a duly noticed public hearing on April 1997, regarding consideration of said ordinance. WHEREAS, at its meeting of April — F 1997, the Planning Commission opened the public hearing, took tstimony from all those wishing to testify, and closed the public hearing; and WHEREAS, the Planning Commission, after review and consideration of the information contained in the staff report dated April _, 1997 and testimony, has made a recommendation to the City Council. WHEREAS, a determination that this project is exempt pursuant to the California Environmental Quality Act, Section 15061 (b) (3). NOW, THEREFORE, THE PLANNING COMtISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission determined that the amendment to the Zoning Ordinance is exempt from the California State Environmental Quality Act (CEQA) Guidelines pursuant to Section 15061 (b) (3) in that the proposed change in the General Plan Land Use and Zoning Designation do not have the potential for causing a significant effect on the environment. SECTION 2. That the Planning Commission recommends to the City Council approval of an ordinance requiring a Conditional Use Permit for the issuance of an Alcoholic Beverage Control Permit and adding Section 17.44.030.2.G. setting forth findings for said permit. rev. '021 Resolution No. PC -97- Alcoholic Beverage Control Permit Page 2 The action of the foregoing direction was approved by the following roll vote: AYES: NOES: ABSENT: PASSED, APPROVED, AND ADOPTED THIS DAY OF MAY, 1997 ATTEST: Celia LaFleur, Secretary to the Planning Commission Ernesto Acosta, Chairman ABCRBS.rev.wpd OULWA2 RESOLUTION NO 95- 1170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, SETTING FORTH PROCEDURES FOR THE PROCUSINC 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 TMMXFORE, Tlii CITY COUNCIL OF TIE CITY X0ORPARK 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. P . La aeon Jr.fl Mayor ATTEST: AT ACHWNT 2 QW023 license shall be signed b, or more of the capital or (d) In the case of a ] of the general partners and `7y such ' united partner who owns 10 percent of the limited partnership. mitedAhability company that has elected to be managed by its members, the d by member or by an officer authorized by the articles of organization or to bin company. In the case of a limited liability comr)anv that asi elected to be managed by a manager or mad'haers, the application shall be signed by the manager or managers or by an oMcer authorized by the articlelk of organization or the operating agreement to bind the company. (e) In the case of a corporation, the a lication ;hall be signed by an officer and under the seal of the corporation. (Amended by Stats.1996, c. 44 (S.B.632), § eff. May 15, 1996. § 23954.5. Fee accompanying application (a) An applicant for an original on -sale general Xcense shall, at the time of filing the application for the license, accompany the application with a fee as d ed by the department pursuant to subdivision (b) of this section. At the time of filing an applicati n fora license, an applicant for an original on -sale general license for seasonal business shall accompan the application with a fee as determined by the department pursuant to subdivision (b) of this section. applieart for an original on beer and wine license shall accompany the application with a fee oft hundred dollars ($300). An applicant for an original on -sale beer license shall accompany the applicatio with a fee of two hundred dollars ($200). An applicant for an original off -sale general license shall, at th time of filing the application for the license, accompany the application with a fee as determined by the 'ament pursuant to subdivision (b) of this section. An applicant for an original off -sale beer and wine ' or an original license not specified in this section, shall accompany the application with a fee of one h d dollars ($100). "Original on -sale general license," `original on -sale general lice for seasonal business," `original on- sale beer and wine license," "original on -sale beer license," " al off sale general license," and "original off sale beer and wine license," as used in this division, not include a license issued upon renewal or transfer of a license. (b) * * * The fee for an original on -sale general license or an origin off -sale general license shall be * * * twelve thousand dollars ($12,000). * * * (c) All money collected from the fees provided for in this section s be in the Alcohol Beverage Control Fund as provided in Section 25761. (Amended by Stats.1992, c. 900 (A.BA32), § 11, eff. Sept. 25, 1992; Stat8.1994, 1028 (A.B.988), § 1.) § 23954.7. Intermittent dockside license for vessels over 7,000 tons displactni; accompanying fee \\ An t for an'orIginal on- sale general bona fide public mtermit t dockside license for vees�s' of more than 7000 tone displacement shall, at the tiiae of the app ' for the license, accompany` the application�a th a fee of two thousand dollars (�i2,000), but such fee ah not be payable U; the renewal or transfer of such license. (Amended by Stats.1985, c. 519, § 4.) $ 23958. Investigstion; denial of application; grounds Upon receipt of an application for a license or for a hwn1w of a'lie=n and the applicable fee, the department shall make a thorough invadption to deA mine whetw the j9p&=t and the premises for which a license is applied qualify fora license and whether the provisions of this division have been complied with, and shall investigate all matters connected therewith which may affect the public welfare and morals. The department shall deny an application for a license or for a transfer of a license if either the applicant or the premises for which a license is applied do not qualify for a license under this division. The department further shall deny an application for a license if issuance of that license would tend to create a law enforcement promo lem, or if issuance would result in or add to an undue concentration of licenses * * *, except as provided in Section 23958.4. * ** (Amended by Stats.1994, c. 630 (A.B.2897), § 1.) Additions or changes indicated by underline; deletions by asterisks 33 ATTACHWNT 3 006W4 §-23958 BUSINES& AND PROFESSIONS CODE Historical and Statutory Vote. 1992 Legislation Section 12 of Stats.1992, c. 838 (A.B.2858), provides: "On or before July 1, 1993, the Department of Alcoholic Beverage Control shall report to the Legislature recon, mendations for revisions to the Alcoholic Beverage Ccr trol Act in the following areas: ­(a) The use of local conditional use permit process and approval as qualification of a proposed premises pursuant to Section 23958 of the Business and Professions Code. "(b) The appropriateness of summary revocation proce- dures fo- chronic violators of the Alcoholic Beverage i'ontrol A.ct." Code of Regulations References Issuance or transfer of corporate stock, see 4 Cal. Code Premises where license previously denied, revoked, or of Regs. § 68.5. conditions imposed, see 4 Cal. Code of Regs. § 66. Law Review and Journal Commentaries Review of selected 1994 California legislation. 26 Pal L.J. 202 (1995). § 23958.4. Undue concentration; licensure for public convenience or necessity; definitions; exclu- sions; Los Angeles premises destroyed by civil disturbances (a) For purposes of Section 23968, "undue concentration" means the case in which the applicant premises for an original or premises -to- premises transfer of any retail license are located in an area where any of the following conditions exist: (1) The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision (c), than the average number of reported crimes as determined from all crime reporting, districts within the jurisdiction of the local law enforcement agency. (2) As to on -sale retail license applications, the ratio of on -sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on -sale retail licenses to population in the county in which the applicant premises are located. (3) As to off -sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off -sale retail licenses to population in the county in which the applicant premises are located. (b) .Notwithstanding Section 23958, the department may issue a license as follows: (1) With respect to a nonretail license, a retail on -sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined in subdivision (b) of Section 25503.16, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance. (2) With respect to any other license, if the local governing body of the area in which the applicant premises are located or its deWMted subordinate officer or body, determines within 90 days of notification of a com M#epdon that pu c convemence or necessity would be served by the issuance. The veriod shall commence upon re cei t b the local overm body of (A) notification by the department o an ca n or 'censure, or ) a_comp ete app cation according to local re quirements, if any, whichever is later. , If the local v bo or its j ated subordinate officer or body,. does not make a determina- tion wREE the period, tlien the qnjLtnent M issue a ileezise if e gy1eant shows the d2RFtment that c convemenee or necessity wo d be served bY the issuance, In. maldn its tmto e t not attribute w to a o e local vernn or its desigmated subordinate -ffl cer or body, to make a determination regarding public convenience or necessity within a ay period. (c) For purposes of this section, the following definitions shall apply: (1) "Reporting districts" means geographical areas within the boundaries of a single governmental entity (city or the unincorporated area of a county) that are identified by the local law enforcement agency in the compilation and maintenance of statistical information on reported crimes and arrests. i `j (2) "Reported crimes" means the most recent yearly compilation by the local law enforcement agency ;i of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemean- I' ors, except traffic citations. UrJ Additions or changes indicated by underline; deletions by asterisks PROFESSIONS CODE ' BUSINESS AND PROFESSIONS CODE § 2396C Repealed 3) "f',gnt .: tooj �e 11111 a n.,n< Irac, �r ­( ,sus division- means the tir, ditional use permit process and most recent [ nited Mates i cy nnial or spacial ' ensus. The population determination shall not operate to t a proposed premises pursuant prevent ,u, .pplican frorn -.�_«i iishink 1, at n increase of resident population has o(,tirreri %whin the tusiness and Professions Code. ce�isus U ar, � �•�rn" � divi, s of summary revocation proce- A) "Pupuiation in the county shall be deterrruned by the annual population estimate for California rs of the Alcoholic Beverage counties published b the Population Research "nit of the Department of Finance. (5) "Retail license, -" shah nc)ude the folloanry A) Off —sale retail license, fype 20 Toff —salE beer and wine) and Type 21 (off —sale general). previously denied, revoked, or ,al. Code Regs. 66. (B) On —sale retail licenses. All retail on -sale licenses, except Type 43 (on —sale beer and wine for train), Type 44 (on- -sale beer and wine for fishing party boat), Type 45 (on —sale beer and wine for boat), Type 46 of § (on —sale beer and wine for airplane), Type 53 (on —sale general for train and sleeping car), Type 54 (on— sale general for boat), Type 55 (on -sale general for airplane), Type 56 (on —sale general for vessels of more than 1,000 tons burden), and Type 62 (on —sale general bona fide public eating place intermittent dockside license for vessels of more than 15,000 tons displacement). (6) A "premises ,�o premises transfer" refers to each license being separate and distinct, and transferable upon approval of the department essity; definitions; exclu- (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. ise in which the applicant (e) The enactment of this section shall not affect any existing rights of any holder of a retail license nee are located in an area issued prior to April 29, 1992, whose premises were destroyed or rendered unusable as a result of -the civil disturbances occurring in Los Angeles from April 29 to May 2, 1992, to'reopen and operate those licensed premises. has a 20 percent greater mber of reported crimes as (f) This section shall not apply if the premises have been licensed and operated with the same type al law enforcement agency. license within 90 days of the application (Added by Stats.1994, c. 630 (A.B2897), § 2. Amended by Stats.1995, c. 91 (S.B.975), § 12; Stats.1996, c. senses to population in the 811 (A.B.2218).. § 1; Stats.1996.. c. 869 (A.B2841), § 2.) exceeds the ratio of on -sale meted. Historical and Statutory Notes enses to population in the Pop 1995 Legislation 1996 Legislation xceeds the ratio of off -sale Subordination of legislation by Stats.1995, ( . 91 (S.B. 975), to other 1995 legislation, see Historical and Statuto-Section affected by two or more acts at the same ry Notes under Business and Professions Code § 35, session of the legislature, see Government Code § 9605. ,haws: ace license, a retail license Law Review and Journal Commentaries Sion (b) of Section 25503.16, winegrower's license, if the Review of selected 1994 Califorma iegislatior 26 }'ac L.J. 202 (1995) suance. xea in which the applicant § 23959. Denial or withdraws dit and refund rmines within 90 da s of would a serve y the bod of (A) notification Xtax If an application is denied or one - fourth of the license fee paid, or not more than * * one hundred dollars ($100), shall be in the * * * Alcohol Bev Control Fund as provided in cation acco g to oval Section 25761. The balance of nt shall be credi on any taxes then due from the applicant un er�Part 14 (commencing wit 1) of Division 2 of the Revenue and Taxation Code or the toes not make a determine- Sales and Use Tax Laws and the remainin ortion shall be returned to the applicant. e ap cant shows the (Amended by Stats.1992, c. 900 (A.B.432), § fv\,eff. Sept. 25, 1992.) issuance. ma ,�lt�s 1 Revenue and Taxation Code § 6001 et seq he local gfferning body, or ling public convenience or Code of Regu tions References License reinstatement after automatic revocation.:ie? 4 Cal. Code of Regs. §-63. 3 of a single governmental the local law enforcement ported crimes and arrests. § 23960. Repealed by Stats.1992, c. 838 )A.B2858), § 3 .al law enforcement agency i assault, burglary, larceny Historical and Statuto otes th felonies and misdemean- Operative effect of Stats.1992, c. 838 (AB.2858). ;ee # Historical and Statutory Notes under 4 23056. Zoning and Concurrent Sales of ATTACHWNT 4 Motor Vehicle Fuel with Beer/Wine (Excerpts from the Businespand Professions Code) Zoning ordinance 23790. No retail license shall be issued for any whu h arc Ixated in any territory where the exercise of the ngh,> and privileges conferred by the license is contra, iui,ing ordinance of any county or city. Premises which ha,' been used in the exercise of those rights and prig i';ege�s at �. rune prior to the effective date of the zoning ordinance mas continue operation under the following conditions (a) The premises retain the same type of retail lrquor within a license classification. (b) The licensed premises are operated continuously ',k it;,our substantial change in mode or character of operation For purposes of this subdivision, a break in conrinuuus u;,cr;tion does not include: (t) A closure for not more than 30 days for pur�k ses ur repair, if that repair does not change the nature of the licensed premises and does not increase the square footage of the h (� ss used for the sale of alcoholic beverages. (2) The closure for restoration of premises rendered totally or partially inaccessible by an act of Cod or a toxic accident, if the restoration does not increase the square footage of the business used for the sale of alcoholic beverages. (Added by Stars. 1953, Ch. 152; Amended by Stats. 1982, Ch. 474; Amended by Slats. 1989, Ch 95.) intent of Legislature 23790.5. (a) It is the intent of the Legislature in enacting this section to ensure that local government shall not be preempted in the valid exercise of its land use authority pursuant to Section 23790, including, but not limited to, enacting an ordinance requiring a conditional use permit. It is also the intent of the Legislature to prevent the legislated prohibition of the concurrent retailing of beer and wine for off - premises consumption and motor vehicle fuel where the retailing of each is otherwise allowable. (b) (1) No city, county, or city and county shall, by ordinance or resolution adopted on or after January 1, 1988, legislatively prohibit the concurrent retailing of motor vehicle fuel and beer and wine foroff -sale consumption in zoning districts where the zoning ordinance allows motor vehicle fuel and off -sale beer and wine to be retailed on separate sites. (2) On and after January 1, 1989, no city, county, or city and county ordinance or resolution adopted prior to May 5, 1987, shall have legal effect if it legislatively prohibits the concurrent retailing of motor vehicle fuel with beer and wine for off -sale „ onsumption in zoning districts where the zoning ordinance allows beer and wine and motor vehicle fuel to be retailed on separate sites. (1) On and after July 1, 1988, no city, county, or city and county ordinance or resolution adopted on or after May 5, t997, 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 'leer 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 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 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 islands and no self - illuminated advertising for beer or wine shall be located on buildings or windows. (5) 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 rtgulation 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 far 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 character of operation. (f) The provisions of this section apply to charter cities. (�(�j 'i ('�"7 (Added by Slats. 1987, Ch. 176; Amended by Slats. 1991, Ch. 108. EJ)ective July 11, 1991.) �y�w''``��' Exception Conditional use Permit tjeeisiuns State conditions Sales to minors Charter cities 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 Mr•MORAN'DUM ITEM _8-J) 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 TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: April 11, 1989(CC meeting of 4/19/89 SUBJECT: FOOD SERVICE b LIQUOR SALES - GUIDELINES Background On March 15, 1989 the City Council considered a report from the Director of Community Development regarding whether a liquor license request after the approval of a Planned Development Permit requires a Major. Modificati9p(t or Minor Modification Permit approval. It was staff's position, it that time, that unless alcoholic beverage consumption was approved as part of the original PO permit, such a use would be an expansion requiring a Major Modification Permit approval. The Council discussed the matter and determined that the following is to occur in the future regarding this subject: 1. That the PD permit application form is to be revised so as to show disclosure of, any intent for on -site or off -site sale of liquor. 2. If a 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. ATTPJCHWNT 5 799 Moorpark Avenue Moorpark, California 93021 (805) 529.686 April 12, 1989 page 2 1• That all new commercial applications shall state clearly the development permit Y beverage sales. e intended use of alcoholic to be package retail sales only; to be sold with retail food sales only; to be sold separately with retail food sales in the same place of business; to provide a separate area 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 to 151 1989 shall allow retailrm beer approved win ne saleetor le s - aMarch nd 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 t Y 3• That all commercial legal non - conforming uses not having alcoholic beverage sales shall obtain a previously Planned Development Permit a Commercial With the approval of any retailoalcoholic beverage salesnction I. That all commercial legal selling beer and wine shall obtain° app of ea currently Planned Development Permit PP Commercial approval to provide Prior to or in conjunction with the general alcoholic beverage sales. 5. That the following conditions shall be l a commercial planned development imposed on 1 future modification permits, major or permits' associated with the a 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 a only be accomplished with a major modificationroval shall That all entertainment where alcoholic beverages are sold shall have received prior City approval. W" - April 12, 1989 Page 3 Recommended Action 1 That the City Council review the above draft guidelines and amend as deemed appropriate. liquor sales \' 2 '' Adopt the above draft liquor c sales guidelines as Cou ncil. modified by the RESOLUTION NO. 95-1135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,CALIFORNIA, ESTABLISHING CERTAIN PERMIT APPROVAL PROCESSES TO BE PERFORMED BY CERTAIN CITY OFFICIALS; AND THE REPEALING OF RESOLUTION NO. 88 -523 Whereas Resolution No. 88 -523 prescribes the city officials that approve various permits; and Whereas, the City Council as well as the staff have recommended changes to said approval authority; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: Section 1. Resolution No. 88 -523 is hereby rescinded. Section 2. Major Modifications shall be approved or disapproved by the approving authority granting the original approval or an appeal thereof, and shall be processed as prescribed by the Zoning Code. Section 3. Where a City Council approved entitlement has not been inaugurated in two years or more, and a Major Modification to that entitlement is filed prior to the expiration of the entitlement or any extension thereto, the Modification shall first be reviewed by the Planning Commission who shall forward a recommendation to the City Council in the manner stipulated by the Zoning Code. Section 4. When the City Council is cited as the approving authority, the Planning Commission shall first review the application and shall make appropriate recommendations to the City Council in a manner as prescribed by the Zoning Code. Approval or disapproval shall be performed by the following city officials: ENTITLEMENT a. General Plan Adoption b. General Plan Amendment C. Zoning Code Adoption /Amendment d. Zone Change jra /res88523.sr APPROVING AUTHORITY City Council City Council City Council City Council 4JOWU Arr M PVT 6 e. Residential Planned Development Permits - Planning Commission for proposals of four units or less; City Council for proposals of more than four units. f. Commercial Planned Development Permits - Planning Commission for proposals of less than 20,000 square feet of gross floor area; City C o u n c i l f o r proposals of 20,000 square feet or more of gross floor area. g. Industrial Planned Development Permits - Planning Commission for proposals containing less than 20,000 square feet of gross floor area for all buildings involved; City C o u n c i l f o r proposals of 20,000 square feet or more of gross floor area for all buildings involved. Note: For f. and g. above, all new construction, regardless of gross floor area size that is within three hundred feet (300' ) of a residential zone or use shall require City Council approval. h. Administrative Clearance D i r e c t o r o f C o m m u n i t y Development. i. Planning Commission Conditional Use Permit - J. Tentative and Final Tract Map k. Parcel Map and Parcel Map Waiver jra /res88523.sr Planning Commission. City Council. Planning Commission. O(MU 1. Lot Line Adjustment and Lot Consolidation M. Minor Modification PASSED, APPROVED, AND ADOPTED this JUNE , of 1995. ATTEST: D i r e c t o r o f C o m m u n i t y Development. D i r e c t o r o f Community Development. 21st Paul W. LWrason Jr., ayor jra /res88523.sr day of Vwww