ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAMARILLO, CALIFORNIA, ESTABLISHING
A MORATORIUM ON THE ISSUANCE OF ANY NEW
PERMIT, LICENSE, APPROVAL, OR ENTITLEMENT
PERTAINING TO THE RETAIL SALE OF BEER AND WINE
FOR OFF-SITE CONSUMPTION
WHEREAS, Government Code section 65858 authorizes the City Council, to adopt, as an urgency measure, an interim ordinance prohibiting any uses which may be in conflict with general plan, specific plan and zoning proposals which the City is considering or studying or intends to study within a reasonable time.
WHEREAS, the City of Camarillo (“City”) is in the process of studying and considering amendments to its zoning regulations to address public safety, health and welfare issues related to the sale of beer and wine for off-site consumption throughout the City.
WHEREAS, there has been a recent increase of retail establishments selling alcohol for off-site consumption throughout the City. Consequently, the City is concerned about the negative impacts that these uses are having and may have on local businesses and the community in general, including, without limitation, over saturation.
WHEREAS, the City Council finds that the current regulatory scheme in the code regarding where alcohol may be sold for off-site consumption is inadequate and that the City needs to review, study and likely revise such regulations to develop standards for where such uses will be allowed within the City.
WHEREAS, this ordinance is necessary to protect against the negative impacts of additional such businesses opening in an ad hoc manner throughout the City, including the protection of the City’s commercial retail trade, maintenance of property values, and the protection and preservation of the quality of the City’s neighborhoods and commercial zones and corridors.
WHEREAS, the City Council directs that all such studies be pursued as expeditiously as practicable. In order to prevent the frustration of the implementation of such studies, the public health, safety and welfare require the immediate enactment of this ordinance. The absence of this ordinance would create a serious threat to the orderly and effective implementation of any amendments that may be adopted in that the establishment of such uses within the City may be in conflict with or frustrate the contemplated amendments.
WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety, and welfare, and upon that basis has determined that an urgency ordinance prohibiting the issuance of new permits, licenses, approvals, or entitlements for the retail sale of alcohol for off-site consumption throughout the City is warranted.
Ordinance No.
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WHEREAS, this urgency ordinance is adopted pursuant to Government Code Section 36934 and takes effect immediately upon its four-fifths or greater approval by the City Council. The City Council finds that this ordinance is necessary for the immediate preservation of the public peace, health and safety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMARILLO, CALIFORNIA, DOES DECLARE AND ORDAIN AS FOLLOWS:
Section 1. The above Recitals are true and correct and incorporates them herein by reference.
Section 2. Moratorium on the Issuance of any New Permit, License, Approval, or Entitlement Pertaining to the retail sale of beer and wine for off-site consumption in the City. The City Council orders as follows:
A.For a period of 45 days from the date of adoption of this ordinance, 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.
Section 3. Legal, Operational and Planning Study. The Community Development Department is directed to study and analyze issues related to the establishment, permitting, approval and operation of sale of alcohol uses for off-site consumption throughout the City, and the potential impacts of the proliferation of such businesses on public health, safety and welfare of the community, the desirability of such facilities in various zones, and the extent of regulatory controls, if any, to impose on such facilities.
Section 4. Environmental Review. The City reviewed the environmental impacts of this activity under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). This activity is exempt from CEQA review pursuant to CEQA Guidelines § 15061(b)(3) as it establishes administrative procedures and will not result in any development or changes to the physical environment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment.
Section 5. Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
Section 6. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion Ordinance No.
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of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and every section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.
Section 7. Effective Date and Duration. This ordinance is an urgency ordinance enacted under California Government Code section 65858(a). This urgency ordinance is effective upon adoption by a 4/5th vote of the City Council and will extend for a period of 45 days from the date of adoption at which time it will automatically expire unless extended by the City Council in accordance with California Government Code section 65858.
Section 8. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED on January 8, 2025.
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Mayor
Attested to on _________________.
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Interim City Clerk
I, Carrie Weal, Interim City Clerk of the City of Camarillo, certify Ordinance No. _ was introduced by the City Council at a meeting held __, and subsequently passed and adopted by the City Council at a regular meeting held __, by the following vote:
YES: Councilmembers:
NO: Councilmembers:
ABSENT: Councilmembers:
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Interim City Clerk