HomeMy WebLinkAboutPH 6 ALCOHOL MORATOR'M 7-16-84I~ ! ~ ~ ~7 ~ ~ PUBLIC HEARINGS
July 11, 1984
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HONORABLE 14AYOR AND CITY COUNCIL
COF14UNITY D[VELOPI~NT D[PARTIqENT
EXTENSION OF ALCOHOLIC BEY£RAGE FIORATORZUI4
DISCUSSION:
The City Council at its meeting on July 2, 1984 adopted Staff's status repor~
concerning actions taken by the City towards resolving or eliminating the need
for the subject moratorium. Pursuant to State law, the subject moratorium may
be extended up to a period of 10 months and 15 days from its original 45 day
expiration on July 19, 1984.
Staff previously recommended and has forwarded in the attached Ordinance a
moratorium extension for a period of 120 days. Staff believes that the Planning
Commission and City Council can resolve the need for said moratorium over the
next four month period.
RECOF~4ENDATIOM:
That the City Council adopt as an urgency measure Ordinance No. 915 which would
take effect immediately and extend the alcoholic beverage license moratorium to
November 19, 1984.
DONALD D. LAMM, ' '"
Director of Community Development
DDL:do
attachment: Ordinance No.. 915
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ORDINANCE NO. 915
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
TUSTIN, CALIFORNIA, EXTENDING THE MORATORIUM
UPON THE ISSUANCE OF PERMITS FOR OFF-SALE
LIQUOR STORES IN THE CITY OF TUSTIN
The City Council of the City of Tustin, California, hereby
finds and determines as follows:
A. In order to protect the public safety, health, and wel-
fare, it is necessary that an interim ordinance be adopted as an
urgency measure establishing an extension of the moratorium,
established by interim Ordinance No. 912 of the City of Tustin,
on the issuance of permits for off-sale liquor stores in the
City of Tustin, and deleting off-sale liquor stores as a per-
mitted use during such extension of moratorium.
B. The issuance of permits for off-sale liquor stores in
the City of Tustin would be in conflict with contemplated zoning
proposals which the City Council, the Planning Commission, and
the Community Development Department are considering and study-
ing and intend to consider for an additional reasonable period
of time, to wit, approximately four (4) months.
C. The adoption of this interim ordinance as an urgency
measure is necessary to prevent the construction of any new
off-sale liquor stores and the commencement of use of any new
off-sale liquor stores pending the extended completion date of
said study.
D. Testimony at regular.meetings of the City Council held
on May 7, 1984, May 21, 1984, June 4, 1984, and July 2, 1984,
the comments of the City Council in reference tO this subject,
and the report issued, pursuant to Government Code Section
65858(d), by the City Council describing the measures taken by
the City to alleviate the condition which led to adoption of
interim Ordinance No. 912, are incorporated herein by this
reference.
NOW, THEREFORE, the City Council of the City of Tustin,
California, does hereby ordain as follows:
Section 1: Liquor stores for off-sale and on-sale are prohib-
ited uses in all zoning districts of the City.
Section 2: The provisions of Tustin City Code Section
9232al(s) ~d 923562(s) are suspended during the time in which
this ordinance in is effect.
Section 3: No permits shall be issued by staff or the Plan-
ning CommiSsion for a new liquor store use during the time in
which this ordinance is in effect. This ordinance does not pro-
hibit the transfer of existing licenses for liquor stores
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ORDINANCE NO. 915
Page 2
presently existing and in operation in the City, provided that
no change in the building or facilities is to occur as a result
of the change.
Section 4: Liquor stores shall be deemed to include all
retail eStablishments which sell alcoholic beverages either as
its principal merchandise or as incidental sales to other prod-
ucts.
This ordinance is adopted as an urgency measure pursuant to
California Government Code Section 65858, and upon approval of a
four-fifths (4/Sths) vote of the City Council, shall take effect
immediately upon adoption and shall remain in force and effect
for a period of four (4) months from date of adoption. After
notice pursuant to Government Code Section 65856 and public
hearing, the legislative body may extend such interim ordinance.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tustin, California, held this 16th day of July,
1984.
ATTEST:
MAYOR
CI~£ CL ,.kK
JGR:SA:pj:D:7/10/84(12.)
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
MARY E. WYNN, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Ordinance
No. 9]5 was duly and regularly introduced and read at a regular
meetin'~ of the City Council held on the 2nd day of July, 1984,
and was given its second reading and duly passed and adopted
at a regular meeting held on the ]6th day of July, ]98~, by the
following vote:
AYES :
NOES :
ABSENT:
COUNCILPERSONS:
COUNCILPERSONS:
COUNCILPERSONS:
Mary E. Wynn, City Clerk
City of Tustin, California