Camarillo City Council
AGENDA REPORT
Date: January 8, 2025
To: Honorable Mayor and City Councilmembers
From: Greg Ramirez, City Manager
Submitted by: David Sanchez, Community Development Director Subject: Moratorium Concerning the Sale of Beer and Wine for Off-Site Consumption City-Wide
BACKGROUND
The proposed Ordinance will impose a 45-day moratorium on the issuance of any permits or other approvals for any new sales of beer and wine for off-site consumption City-wide.
The Ordinance is necessary because the City has recently received and anticipates receiving additional requests for the sale of beer and wine in the City for off-site consumption, including within areas where an undue concentration exists. The Camarillo Municipal Code (“CMC”) is in need of updating to protect the public against the potential health, safety, and welfare dangers caused by multiple sales of beer and wine licenses for off-site consumption. In order to study and prepare potential Code amendments, the City will require the additional time provided by this Ordinance without having to consider proposals for permits that may be in conflict with or may frustrate the contemplated updates and revisions to the CMC.
DISCUSSION
The sale of alcohol is heavily regulated by the Department of Alcoholic Beverage Control ("ABC”) pursuant to the Business and Professions code. ABC is responsible for issuing liquor licenses and regulating existing licenses. The Business and Professions code states that, when vehicle fuel stations are allowed in the same zone in which the sale of beer and wine licenses for off-site consumption are allowed, cities cannot treat vehicle fuel stations that propose the sale of beer and wine for off-site consumption differently than other uses. Consequently, ABC largely preempts local government authority to regulate alcohol sales and related activity.
Moratorium Concerning the Sale of Beer and Wine
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Subject to the limitations imposed by the Legislature through the Business and Professions code, the City has broad discretion to regulate land uses through its police powers, including regulating the locations where sales of alcohol for off-site consumption are permitted and imposing zoning regulations. For example, a city may adopt zoning regulations that restrict the proximity of alcoholic beverage establishments to churches, schools, and residential districts.
The table below provides a summary of the locations where the sale of beer and wine for off-site consumption is currently allowed.
Zoning Matrix
ZONE SALE OF BEER AND WINE FOR OFF-SITE
CONSUMPTION PERMITTED?
CCM CUP
L. Alcoholic beverage establishments, off-sale.
PO NO
CMU CUP
G. Alcoholic beverage establishments, off-sale.
CN CUP
D. The concurrent use of an off-sale alcoholic beverage establishment with a grocery store or drug store.
COT CUP
N. Alcoholic beverage establishments, off-sale.
CPD CUP
S. Alcohol beverage establishments, off-sale.
SC NO
LM DIRECTOR CUP
A. Breweries, wineries, and distilleries, with or without tasting areas, including retail sales of alcoholic
beverages manufactured on-site that will be
consumed off the premises.
M1 CUP
18. Restaurants with or without alcohol sales (may include ancillary outside seating)
DIRECTOR CUP
A. Breweries, wineries, and distilleries, with or without tasting areas, including retail sales of alcoholic
beverages manufactured on-site that will be
consumed off the premises.
M2 DIRECTOR CUP
A. Breweries, wineries, and distilleries, with or without tasting areas, including retail sales of alcoholic
beverages manufactured on-site that will be
consumed off the premises.
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Aside from requiring a discretionary permit, the CMC does not impose additional regulations and have not been revisited in many years. Accordingly, the existing CMC provisions are inadequate to address new applications. For this reason, the CMC must be updated to fully take into account the impacts related to the sale of beer and wine for off-site consumption.
The temporary moratorium will allow staff additional time to study the extent to which additional regulatory controls must be added to the CMC to address these issues and to prepare amendments to the CMC for the Council’s consideration.
During the temporary moratorium, no permits, licenses, approvals, or entitlements may be issued for the retail sale of beer and wine for off-site consumption City-wide. In addition, no such existing establishment may be expanded, whether by means of additional space, construction of new facility, or by reconfiguration, except that existing approved projects may obtain building permits in accordance with the approved plans.
To pass, the moratorium requires a 4/5 supermajority vote. The initial ordinance may only be in effect for 45 days, but the City Council may extend the initial ordinance twice—once for 10 months and 15 days and then a second time for one year, for a total of two years.
Before extending the moratorium, the City Council will need to hold a noticed public hearing.
FISCAL IMPACT
There is no budget impact as a result of this action.
CEQA DETERMINATIONS
City staff has determined, in accordance with Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, that the proposed Urgency Ordinance is not subject to CEQA review because it can be seen with certainty that there is no possibility that the proposed Urgency Ordinance to impose a 45-day moratorium on the issuance of any permits or other approvals for the sale of beer and wine for off-site consumption city-wide may have a significant effect on the environment, as it establishes administrative procedures and will not result in any development or changes to the physical environment.
RECOMMENDATION
1. Find the proposed Urgency Ordinance is not subject to CEQA review pursuant to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed Urgency Ordinance may have a significant effect on the environment.
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2. Waive further reading and adopt an Urgency Ordinance imposing a 45-day moratorium on the issuance of any permits or other approvals for the sale of beer and wine for off-site consumption city-wide.
ATTACHMENTS
1. Proposed Urgency Ordinance
REFERENCE MATERIALS – AVAILABLE FOR REVIEW AT CITY HALL None