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HomeMy WebLinkAbout07-10-2012 c 4 reading alcohol outlet ordinancecounci lj acsnda uEpout 7/10/1 2 Item Number C 4 Meeting Dat e CITY OF SAN LUIS OBISP O FROM : Derek Johnson, Community Development Directo r Prepared By :Doug Davidson, Deputy Directo r SUBJECT : ADOPTION OF AN ORDINANCE AMENDING TITLE 17 OF TH E MUNICIPAL CODE (ZONING REGULATIONS); CITY FILE #:II/TA 101-1 1 RECOMMENDATION Adopt Ordinance # 1578 (2012 Series) amending Title 17 of the Municipal Code regardin g alcohol outlet regulations . DISCUSSIO N Backgroun d On June 19, 2012, the City Council voted 4-0 to introduce an Ordinance amending the Zonin g Regulations on alcohol outlets to improve public safety . The Council modified the Deeme d Approved Ordinance to define the role of the Downtown Association and establish the timelin e for noticing of the public hearing . The Ordinance has been amended per the Council action and is now ready for adoption . Th e amended text will become effective 30 days after its adoption . ATTACHMEN T Ordinance # 1578 (2012 series) amending Title 17 of the Municipal Code ATTACHMENT 1 ORDINANCE NO . 1578 (2012 Series ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SA N LUIS OBISPO APPROVING AMENDMENTS TO TITLE 1 7 (ZONING REGULATIONS) OF THE MUNICIPAL COD E (Alcohol Outlet Public Safety Strategies R/TA 101-11 ) WHEREAS,the Planning Commission of the City of San Luis Obispo conducte d a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo , California, on April 25, 2012, for the purpose of considering amendments to Title 1 7 (Zoning Regulations) of the Municipal Code, and recommended approval of amendment s to the Municipal Code ; and WHEREAS,the City Council of the City of San Luis Obispo conducted a publi c hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo , California, on May 15, 2012, for the purpose of considering amendments to the Municipa l Code (R/TA 101-11); and WHEREAS,the City Council of the City of San Luis Obispo conducted a publi c hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo , California on June 5, 2012 and directed staff to modify the Ordinance to define the role o f the Downtown Association in the Deemed Approved Ordinance process ; and WHEREAS,the City Council of the City of San Luis Obispo conducted a publi c hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo , California, on June 19, 2012, for the purpose of considering the revised amendments to th e Municipal Code (R/TA 101-11); an d WHEREAS,the City Council finds that the proposed text amendments are consistent with the General Plan, the purposes of the Zoning Regulations, and othe r applicable City ordinances ; an d WHEREAS,the City Council has duly considered all evidence, including th e testimony of the applicant, interested parties, and the evaluation and recommendations b y staff, presented at said hearing . WHEREAS,notices of said public hearings were made at the time and in th e manner required by law ; BE IT ORDAINED by the Council of the City of San Luis Obispo as follows : SECTION 1 .Environmental Determination .The project is exempt fro m environmental review per CEQA Guidelines under the General Rule (Sectio n 15061(b)(3)) since there is no possibility that the activities in questions could have a significant effect on the environment . SECTION 2 .Findings .Based upon all the evidence, the Council makes th e following findings : C4-2 Ordinance No . 1578 (2012 Series) ATTACHMENT 1 RITA 101-1 1 Alcohol Outlet Regulation s 1.The proposed amendments will not significantly alter the character of the City o r cause significant health, safety or welfare concerns, since the amendments ar e consistent with the General Plan and directly implement City goals and policies . 2.Periodic amendments, updates, and corrections of the Municipal Code ar e consistent with General Plan Policy to maintain regulations which are effective i n implementing policies consistent with the General Plan . SECTION 3 .Chapter 17 .11 : Deemed Approved Alcoholic Beverage Sal e Regulations are hereby added to the City of San Luis Obispo Municipal Code to read a s follows : Chapter 17 .11 : Deemed Approved Alcoholic Beverage Sale Regulation s Sections : 17 .11 .010 Title, Purpose, and Applicability 17 .11 .020 Definition s 17 .11 .030 Deemed Approved Performance Standard s 17 .11 .040 Deemed Approved Status Procedur e 17 .11 .050 Enforcement Procedure 17.11 .010 Title, Purpose, and Applicability . A.Title of Deemed Approved Alcoholic Beverage Sale regulations .The provision s of this chapter shall be known as the Deemed Approved Alcoholic Beverage Sal e regulations . B.Purpose of Deemed Approved Alcoholic Beverage Sale regulations .Th e general purposes of the Deemed Approved Alcoholic Beverage Sale regulations are to protect and promote the public health, safety, comfort, convenience , prosperity, and general welfare by requiring that Alcoholic Beverage Sale s Commercial Activities that were established without use permit approval prior t o the effective date of the Deemed Approved Alcoholic Beverage Sale regulation s comply with the Deemed Approved performance standards of section 17 .11 .030 o f this chapter and to achieve the following objectives : C4-3 Ordinance No . 1578 (2012 Series) ATTACHMENT 1 RITA 101-1 1 Alcohol Outlet Regulation s 1.To protect residential, commercial, industrial, and civic areas and minimiz e the adverse impacts of nonconforming and incompatible uses ; 2.To provide opportunities for Alcoholic Beverage Sale Activities to operat e in a mutually beneficial relationship to each other and to other commercia l and civic services ; 3.To provide mechanisms to address problems often associated with th e public consumption of alcoholic beverages, such as litter, loitering, graffiti , unruly behavior and escalated noise levels ; 4.To provide that alcohol outlets specified in this chapter are not the sourc e of undue public nuisances in the community ; 5.To provide for properly maintained Alcoholic Beverage Sal e establishments so that negative impacts generated by these activities are no t harmful to the surrounding environment in any way ; 6.To monitor that Deemed Approved Activities do not substantially chang e in mode or character of operation . C.Applicability of Deemed Approved Alcoholic Beverage Sale regulations .The Deemed Approved Alcoholic Beverage Sale regulations shall apply to th e following alcoholic beverage sale commercial activities within the City whic h have been established without use permit approval prior to the effective date of thi s Chapter, and as defined in Chapter 17 .100 of the Zoning Regulations : Bars/Tavern, Restaurant with Late Hour Alcohol Service, Liquor Store, Nightclubs . 1 . Duplicated Regulation . Whenever any provision of the Deemed Approve d Alcoholic Beverage Sale regulations and any other provision of law, whethe r set forth in this code, or in any other law, ordinance, or resolution of any kind , imposes overlapping or contradictory regulations, or contain restriction s covering any of the same subject matter, that provision which is mor e restrictive or imposes higher standards shall control, except as otherwis e expressly provided in the Deemed Approved Alcoholic Beverage Sale regulations . D.Administrative Hearing Officer .There is created an Alcoholic Beverage Sale s Administrative Hearing Officer (Administrative Hearing Officer) appointed by th e City Manager . The Administrative Hearing Officer shall conduct public hearing s 3 Ordinance No . 1578 (2012 Series) ATTACHMENT 1 RITA 101-1 1 Alcohol Outlet Regulation s and make recommendations intended to encourage and achieve the compliance o f particular sites as appropriate . This section is not intended to restrict the power s and duties otherwise pertaining to other city officers or bodies, in the field o f monitoring and ensuring the harmony of Alcoholic Beverage Sale Commercia l Activities in the city . These parties shall have the powers and duties assigned t o them by the Zoning Regulations, other codes and ordinances, City Charter, or b y valid administrative authority . 17 .11 .020. Definitions . A. Title, purpose, and applicability .The provisions of 17 .11 .020 shall be known a s the definitions . The purpose of these provisions is to promote consistency an d precision in the interpretation of the Deemed Approved Alcoholic Beverage Sal e regulations . The meaning and construction of words and phrases as hereinafter se t forth shall apply throughout the Deemed Approved Alcoholic Beverage Sal e regulations, except where the context of such words or phrases clearly indicates a different meaning or construction . As used in this chapter: "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, which contains one-half of one percen t or more of alcohol by volume and which is fit for beverage purposes either alone o r when diluted, mixed, or combined with other substances, and sales of which require a State Department of Alcoholic Beverage Control license . "Condition of approval" means a requirement which must be carried out by the activit y in order to retain its Deemed Approved Status . "Deemed Approved Activity" means operation of the stated uses applicable to thi s Chapter as defined. "Deemed Approved Status" means the status conferred upon a Deemed Approve d Activity. "Illegal activity" means an activity which has been finally determined to be i n noncompliance with the Deemed Approved performance standards in sectio n 17 .11 .030 of this chapter . Such an activity shall lose its Deemed Approved Status an d shall no longer be considered a Deemed Approved Activity . Ordinance No . 1578 (2012 Series) ATTACHMENT 1 R/TA 101-1 1 Alcohol Outlet Regulation s "Performance standards" means regulations prescribed in the Deemed Approve d Performance Standards in 17 .11 .030 of this chapter . "Premises" means the actual space within a building devoted to alcoholic beverag e sales . "Restaurant" means an eating establishment as defined in Section 17 .100 R . 17.11 .030 . Deemed Approved Performance Standard s A. Title and purpose .The provisions of Chapter 17 .11 .030 shall be known as th e Deemed Approved Performance Standards . The purpose of these standards is t o control dangerous or objectionable environmental effects of Alcoholic Beverage Sale s Commercial Activities applicable to this Chapter . B . Applicability .These standards shall apply to the following Alcoholic Beverage Sale s Commercial uses listed in the above section 17 .11 .020 and Chapter 17 .100 of thi s code : Bar/Tavern, Restaurant with Late Hour Alcohol Service, Liquor Store/Alcohol Sales, Nightclub) as defined in Section 17 .100 . The Deemed Approved Performanc e Standards are applicable to these uses under the following circumstances, 1 &2 below : 1.Alcoholic Beverage Commercial uses which have been established without us e permit approval prior to the effective date of Chapter 17 .11 . 2.Alcoholic Beverage Commercial uses which are inconsistent with Table 9 (Use s allowed by Zone), Title 17 of the Municipal Code (Zoning Regulations) and hav e been established prior to the effective date of Chapter 17 .11 . C . Performance Standards and Deemed Approved Activities .An activity shall retai n its Deemed Approved Status only if it conforms with all of the following Deeme d Approved performance standards : 1.That it does not result in adverse effects to the health, peace or safety of person s residing or working in the surrounding area ; 2.That it does not result in jeopardizing or endangering the public health or safety o f persons residing or working in the surrounding area ; 5 Ordinance No . 1578 (2012 Series) ATTACHMENT 1 R/TA 101-1 1 Alcohol Outlet Regulation s That it does not result in repeated nuisance activities within the premises or i n close proximity of the premises, including but not limited to disturbance of th e peace, illegal drug activity, public drunkenness, drinking in public, harassment o f passersby, gambling, prostitution, sale of stolen goods, public urination, theft , assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illega l parking, excessive loud noises, especially in the late night or early morning hours , traffic violations, curfew violations, lewd conduct, or police detentions and arrests ; 4.That it does not result in violations to any applicable provision of any other city , state, or federal regulation, ordinance or statute ; 5.That its upkeep and operating characteristics are compatible with and will no t adversely affect the livability or appropriate development of abutting propertie s and the surrounding neighborhood . 17 .11 .040 . Deemed Approved Status Procedur e A.Deemed Approved Status Procedure .The provisions of this article shall b e known as the Deemed Approved Status procedure . The purpose of these provision s is to : (A) provide notice of Deemed Approved Status upon Alcoholic Beverag e Sales Commercial Activities applicable to this Chapter; (B) prescribe th e procedure for the imposition of conditions of approval upon these activities ; and (C) prescribe the procedure for appealing conditions of approval or the revocatio n of a Deemed Approved Status . B.Automatic Deemed Approved Status .All Alcoholic Beverage Sales Commercia l Activities applicable to this Chapter per section 17 .11 .030 .B . shall automaticall y become Deemed Approved Activities as of the effective date of the Deeme d Approved Alcoholic Beverage Sale regulations . Each such Deemed Approve d Activity shall retain its Deemed Approved Status as long as it complies with the Deemed Approved performance standards at Section 17 .11 .030 C . C.Notification to owners of Deemed Approved Activities .The Administrativ e Hearing Officer shall notify the owner of each Deemed Approved Activity, an d also the property owner if not the same, of the activity's Deemed Approved Status . Such notice shall be sent via certified return receipt mail ; shall include a copy o f the performance standards of Section 17 .11 .030 .C . of this chapter with th e requirement that these be posted in a conspicuous and unobstructed place visibl e from the entrance of the establishment for public review ; notification that th e activity is required to comply with all these same performance standards ; and tha t 6 C4-7 Ordinance No . 1578 (2012 Series) ATTACHMENT 1 R/TA 101-1 1 Alcohol Outlet Regulation s the activity is required to comply with all other aspects of the Deemed Approve d Alcoholic Beverage Sale regulations . Should the notice be returned, then the notic e shall be sent via regular U .S . Mail . D . Procedure for consideration of violations to performance standards .Upo n receiving a complaint from the public, Police Department, code enforcemen t officer, or any other interested party that a Deemed Approved Activity is i n violation of the performance standards of Section 17 .11 .030 .C, and once it i s determined by the city that violations appear to be occurring, then a public hearin g will be scheduled before the Administrative Hearing Officer, as follow s a.The Administrative Hearing Officer will provide the complainant, th e business owner of the Deemed Approved Activity, the property owner, i f not the same as the business owner, and other interested parties with a t least 30 calendar days advance notice of the public hearing . Interested parties are defined as those that have made a request with the City Clerk t o be notified of these proceedings, and shall include the Downtow n Association or its successor agency in all instances in which the complain t involves an establishment within the boundaries of the Downtow n Association or its successor agency . b.In all instances in which the complaint involves an establishment within the boundaries of the Downtown Association, the Downtown Associatio n may, within the 30 day period preceding the hearing, schedule a meetin g with authorized representatives of the establishment to review the fact s underlying the complaint and the establishment's response to th e complaint and to develop input to be conveyed to the Administrativ e Hearing Officer regarding the Downtown Association's recommendatio n regarding the complaint and any measures the Downtown Associatio n suggests to address the complaint . i.Nothing herein shall require the business establishment within th e boundaries of the Downtown Association to participate in th e meeting with the Downtown Association, but the Downtow n Association shall advise the Administrative Hearing Officer if a n establishment declines to participate and the Administrativ e Hearing Officer may consider the establishment's failure t o participate in determining appropriate remedies if a violation i s found to have occurred after considering all testimony presente d during the public hearing . ii.The Administrative Hearing Officer shall not in any manner b e bound by any recommendation of the Downtown Association an d shall give the recommendation from the Downtown Associatio n 7 Ordinance No . 1578 (2012 Series) ATTACHMENT 1 R/TA 101-1 1 Alcohol Outlet Regulation s such weight as the Administrative Hearing Officer, in his or he r sole discretion, deems appropriate after consideration of all recor d testimony and evidence presented in the public hearing . Th e Administrative Hearing Officer shall proceed with the publi c hearing after 30 calendar days of issuing a notice of public hearing , whether or not the Downtown Association or its successor agenc y has met with the business owner of the Deemed Approved Activit y or delivered a recommendation for consideration by the Administrative Hearing Officer . Failure of the Downtow n Association to receive notice pursuant to this title, or pursuant t o procedures established by the City, shall not constitute grounds to cancel the public hearing or invalidate the actions for which th e notice was given . iii . In no event shall a meeting between the Downtown Association an d the business owner of the Deemed Approved Activity cause a delay to, or substitute for a public hearing before the City's Administrative Hearing Officer, unless it is determined in the sol e discretion of the Administrative Hearing Officer that a delay is i n the public's interest . c . The purpose of the Administrative public hearing is to receive evidence an d testimony on whether the operating methods of the Deemed Approve d Activity are causing undue negative impacts in the surrounding area . At the public hearing, the Administrative Hearing Officer shall determine whethe r the Deemed Approved Activity conforms to the Deemed Approve d Performance Standards set forth in Section 17 .11 .030 .C, and to any other applicable criteria, and may continue the Deemed Approved Status for th e activity in question, or require such changes, or impose such reasonabl e Conditions of Approval as are necessary, in the judgment of the Administrative Hearing Officer to ensure conformity to said criteria . Any such changes or conditions shall be based on the evidence before th e Officer . The decision of the Administrative Hearing Officer shall be base d upon information compiled by staff and evidence and testimony from th e complainants the business owner, the property owner if not the same, an d all other interested parties . New Conditions of Approval shall be made a part of the Deemed Approved Status and the Deemed Approved Activit y shall be required to comply with these conditions . The determination of th e Administrative Hearing Officer shall become final ten (10) calendar day s after the date of decision unless appealed to the City Planning Commission in accordance with Chapter 17 .66 . 8 C4-9 Ordinance No . 1578 (2012 Series) ATTACHMENT 1 RITA 101-1 1 Alcohol Outlet Regulation s E.Procedure for consideration of violations of Standards or Conditions o f Approval .In the event of a violation of any Condition of Approval or of furthe r violations of the provisions set forth in Sections 17 .11 .010 through 17 .11 .030 o f these regulations, the Administrative Hearing Officer shall hold a noticed publi c hearing . The purpose of this public hearing is to receive testimony and determin e whether violations of Conditions of Approval or of Sections 17 .11 .010 throug h 17 .11 .030 of these regulations exist . The Administrative Hearing Officer may ad d to or amend the existing Conditions of Approval based upon the evidenc e presented; or alternatively may revoke the Deemed Approved Activity's Deeme d Approved Status . The determination of the Administrative Hearing Officer shal l become final ten (10) calendar days after the date of decision unless appealed t o the City Planning Commission in accordance with the below section 17 .11 .040 .F . The decision of the Planning Commission shall be final unless appealed to the Cit y Council in accordance with Section 17 .11 .040 .G . F.Appeal to Planning Commission .Appeals of the decisions of th e Administrative Hearing Officer may be filed in accordance with Chapter 17 .66 : Appeals . In considering the appeal, the Planning Commission shall determin e whether the established use conforms to the applicable Deemed Approve d performance standards and may continue or revoke a Deemed Approved Status ; o r require such changes in the existing use or impose such reasonable conditions o f approval as are, in its judgment, necessary to ensure conformity to sai d performance standards . The decision of the Planning Commission on the appeal t o the conditions of approval imposed by the Administrative Hearing Officer shall b e final . G.Appeal to City Council.Appeals of the decisions of the Planning Commissio n may be filed in accordance with Chapter 17 .66 : Appeals . In considering the appeal , the Council shall determine whether the Deemed Approved Activity conforms t o the applicable Deemed Approved performance standards, and may approve o r disapprove the revocation or require such changes therein or impose suc h reasonable conditions of approval as are in its judgment necessary to ensur e conformity to said standards . 17 .11 .050 . Enforcement Procedure A. Applicability .The provisions of this section shall apply to the enforcement o f the Deemed Approved Alcoholic Beverage Sale regulations . 9 C4-10 Ordinance No . 1578 (2012 Series) ATTACHMENT 1 RITA 101-1 1 Alcohol Outlet Regulation s B.Official action .All officials, departments, and employees of the city veste d with the authority to issue permits, certificates, or licenses shall adhere to, an d require conformance with, the Deemed Approved Alcoholic Beverage Sal e regulations . C.Infractions .Any person who violates, causes, or permits another person t o violate any provision of these regulations is guilty of an infraction unless otherwis e provided . D.Separate Offenses for Each Day.Any violator shall be guilty of a separat e offense for each and every day during any portion of which any violation of an y provision of these regulations is committed, continued, permitted, or caused b y such violator and shall be punishable accordingly . E.Any Violation a Public Nuisance.In addition to the penalties provided in thi s section, any use or condition caused or permitted to exist in violation of any of th e provisions of this chapter shall be and is declared to be a public nuisance and ma y be summarily abated as such by the city . F.Injunction as Additional Remedy.Any violation of any provision of thes e regulations shall be and is declared to be contrary to the public interest and shall, a t the discretion of the city, create a cause of action for injunctive relief . G.Penalties .Any person convicted of an infraction under the provisions of thi s section shall be punishable by a fine to the maximum permitted under state law . Any violation beyond the second conviction within a one-year period may b e charged by the City Attorney as a misdemeanor, and the penalty for convictio n shall be punishable by a fine or imprisonment to the maximum permitted unde r state law . H.Liability for Expenses .In addition to the punishment provided by law,a violator is liable for such costs, expenses, and disbursements paid or incurred b y the city or any of its contractors in correction, abatement, and prosecution of th e violation . I.Enforcement .The city shall designate the appropriate personnel to enforce th e provisions of these regulations . SECTION 4 .Chapter 17 .16 .060 . Parking Space Requirements . Table 6 (Parkin g Requirements by Use) of the City of San Luis Obispo's Municipal Code is replaced and 10 C4-11 ATTACHMENT 1Ordinance No . 1578 (2012 Series ) R/TA 101-1 1 Alcohol Outlet Regulation s amended to read as follows : 11 Ordinance No . 1578 (2012 Series ) R/TA 101-1 1 Alcohol Outlet Regulations ATTACHMENT 1 faint f2~r 20712 c~ sin t ~ls o131s 70 zor~tf7t;fxrvc;tttttot7s TABLE 6 - PARKING REQUIREMENTS BY US E Number of Off-Street Parking Spaces Required AGRICULTURE Crop production acid grazing No requaerne Greenho use, commercial No requirement Livestock feed lot As provided in approved use permi t INDUSTRY, MANUFACTURING &PRt10ESSII WHOLESALING Bakery, wholesale Same as Manufacturing - Light Furniture and -fixtures manufacturing, cabinet shop Same fvlamrfacturing - Light Industrial research and development One space per 300 square feet office or laboratory area, plus one space per 500 square feet done assen'rb r or fabrication area, plus one space per 1,500 square feet outdoor work area or indoorwarehouse area Laboratory - Medical, analytical, research, testing One s pa e per 30C square feet gToss flour area Laundry, dry cleaning plant One specie per _`'.OP square feet gross ihaor area Menefee turing - Heavy Clue space per 5`C square feet gross floor are a Manuhactr ring -Light One space per 5L'u square feet accessory office area plus one space per 300 square feet to 50 0 square feet manufacturing floor area, to be determined by director according to employmentcharacteristics of each use, plus one pert $00 square feet outdoor manufacturing are a Petroleum product storagepr and drstrbution space per 300 square feet office areas plus oaae space per 500 square feet iadocr storage are aplus one space per 2,000 square feet outdoor storage are a Photo and film processing tab One space per 300 square feet gross tkwr are a Printing and publishing One space Der 300 square feet gross loonarea Recycling faci6Hes-Collection and processing faulty On s p.,c aer r,0 r square feet of gross floor area plus o ne space per f0 "t s a utctaorstorage.area but rn no case less than 4 spaces Recycling facilities -Scrap and d6sntanting yard One spree per 500 square feet of gross floor area plus a ne space per 10,000 sy a feet outdoor storage area, but in no case less than 4 speces Recycling facilities - 5mal collection facility As married iii approved use permit Storage -Personal storage lac lily One space per 300 square feet office area and comraann ndoor lac flies and one space for every five storage units that do not have direct drive-up vehicle acces s Storage yard One space per 2,000 square feet gross floor are a Warehousing, adoor storage One specie per 300 square feet office area plus one space per 1,50£;Da ere feat indoor storage area Nlholesaing and distnksut on One space per 30f7 square feet office area plus one space per t COi_ rev ; ire feet indoor sales/storage area, plus one space per 2,000 square feet outdoor sses are a Be t and breakfast inn One per room ar grr u p of runes to he occupied as a suite, itfus two for r item rartagea's Hostel One spr ue per t e beds . pi a er one for manager . When the hostel is part of a residence : one space par fire rrede .in addilian to two spaces for the residence. Hotel, motel One per room or group of rooms to use occupied as a suite, talus one for resident manager's quarters , plus eattinglassembly area require ments Recreational vehicle (RV)park accessory to hotel, motel As provided in apprGeed use permit C4-1 3 ATTACHMENT 1Ordinance No . 1578 (2012 Series ) R/TA 101-1 1 Alcohol Outlet Regulation s City ter &‘tl LLUS OBISpO ZOtl1nq 'RE:0 UbtKIIIS fiEDIZUARy 201 2 TABLE 6 -PARKING REQUIREMENTS EY US E Type of Use Number of Off-Street Parking Spec Required RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES Barltavem One space per 60 square feet of customer use plus one space per 100 square feet of food preparation area Club, lodge,private meeting hall One space per 301) square feet office area plus one space per four fixed seats or one space per 4 0 square feet seating area without fated seats, in the largest assembly roo m Commercial recreation facility - Indoo r Bowling alleys One space per 300 square feet gross floor area Two spaces per lane plus one space per four seats spectatorleating area Commercial recreation facility -Outdoor One space per 500 square feet outdoor use area Educational conferences As provided at approved use permit Fitness/health facility One space per 300 square feet gross floor are a Library.museum One space per 500 square feet storage/display area plus government office and meeting room requirements Library,branch facility As provided in approved use permit Might club One space per 50 square feet floor or outdoor ground area for customer use,including seating and dancing areas, plus one space per 100 square feet food preparation are a Off-site wine tasting room One -space per 200 square feet gross floor are a Pa i playgrrxrnd One space per 500 square feet Public assembly facility One space per four fixed seats or one space per 40 square feet of assembly area without fixed seats Religious One space per four fixed seats (one space per 40 square feet seating area without fixed seats) in largest assembly room School - Boarding school,elementary, middle,secondary As provided in approved use permit School- college, unmers'-Campus As provided in approved use permit School - College, university -Satellite classroom aity One space per 50 square feet per classroom floor area School-Omen,middle,secondary Two spaces per classroom plus one space per 300 square feet office, assembly or common area School - Speeatzed education/training One space per SO square feet per classroom tear area Special event One space per 500 square feet or as provided in approved use permit Sports and active recreation facility One space per 100 square feet of play surfac e Sports and entertainment assembly facility As provided in approved use permit Studio -Art,dance. martial arks,music,One space per 200 square feet gross floor area Theater One space per four seats Theater -Drive-6 No requirement pA(W, 52 C4-1 4 Ordinance No . 1578 (2012 Series) ATTACHMENT 1 RITA 101-1 1 Alcohol Outlet Regulations City i' a .\fl ItIIS oI IS .0 Of2 ZOliif c I bgUL\tIOf1 S TABLE 6 - PARKING REQUIREMENTS BY US E Number of Off-Street Perking Species Require d RESIDENTIAL USES Soardeeg/momtng house . dormitory One space per 1 .5 occupants or 1 .5 spaces per bedroom,whichever is greater Caretaker quarters Two spaces per dwen g Convents and monasteries One space per five occupants fraternity, sorority One space per 1 .5 occupants or 1 .5 spaces per bedroom, rihii he . er '_; greater High occupancy resident al use The parking requirement shalt be greater ot: t The number of space required for dwellings .or 2.Oneoff-street parking space per adult occupant, less one . Home occupation See Section 17.06.090 Livelursark units 2 spaces per unit Need-usepraject Same as Mulhefar*dwellings Mobile home park 1 .5 spaces per unit : 1 space to be wih unit Multi fang d rse€lings 1 per studio apartment 1-112 for test bedrraom ptus 1t2 for each additional bedroom n a s n :t, p u s t for each five units in developments of more than five units. Ape see parking reduction pq raphs under 17 .16.0&0. Residential care facilities- G or fewer residents Same as Rest hom e Residential care facilities - 7 or more residents Same as Rest hom e Residentail hospice facility Same as Rest home Rest borne One space per four beds (.adult): one space perfrve juverdk occupy is Single-family dwellings 2 spaces per dwelling .In the Ref and C/OS zones, one space must be covered, Workalive units 2 spaces per unit pit t';F. 53 C4-1 5 Ordinance No . 1578 (2012 Series) ATTACHMENT 1 RITA 101-1 1 Alcohol Outlet Regulations TABLE 6 PARKING REQUIREMENTS BY USE RequiredType of Use Number of Off-Street Parking Spac e RETAIL SALES Auto and vehicle safes and rental One space per 300 square feet office area plus one space per 500 square feet parts saw service area, pies one space per 2,000 square feet outdoor sates area Auto parts sales, with installation One space per 500 square feet gross floor area Auto parts sales,without rrsfattation One space per 500 square feet gross floor are a Bakery, retail One space per 200 square feet gross floor are a Binding and landscape materials sates,indoor One space per 300 square feet office area plus one space per 500 square feet indoor sates area plus one space per 2,000 square feet warehouse are a Binding and landscepe naaaterials sates,outdoor One space per 300 square feet office area plus one space per 500 square feet indoor sates are a plus one space per 2 .000 square feet warehouse or outdoor sales area f:onstnrttiutn and heavy equipment sales and rental One space per 300 square feet office area plus one space per 5500 square feet parts sates service area,plus one space per 2,000 square feet outdoor sates area Convenience store Two spacesfor employee parking, plus one space per 500 square feet of gross floor area and a minim urrs of five bicycle parking spaces shall be provided per business Extended hoer retail Same as spectic type of retail Farm supply and feed stare One per 500 square feet indoor salesfstor~age area plus one spate per 2.000 square feet outdoor sateslstorage area . F+dealer (propane,etc)One per 500 square feet indoor sales/storage area pins one space per 2,000 square teetoutdoor sales/storage area. Furniture,turn r-,g :=. anti appliance shies One space per 500 square feet gross floor are a Genera;at G i sf ar '.ess fine space per 300 square feetgross f oor are a t e r oral net : re than 2 .000 sf, up to 15,000et £3ne space per 3(?tl square feet gross f oor are a General ref .- !,a than 95,000 et; up to 45,000 sf One space per 300 square feet gross floor area General retail -More ftran 45,000 sf, up to Km sr A maximum of one space per 200 square feet gross floor area, with the exception for more spaces i f structured multi-level parking is used General retail- More than 60,000 at, up to 990,000 sf A maxim ustructuredm of mulloneleve lspacet iparper 200 square feet gross floor area, with the exception for more spaces i f -ng ns used Florists and Photofinishing (retail)One space per 500 square feet floor area Retail safes and repair of bicycles One space per 500 square feet floor area Groteses spetaalty foods One space per 200 square feet gross floor area Liquor Store/Alcohol Sal One space per 200 square feet gross floor area Mobile home, RV, and boat sales One space per 300 square feet office area Otis one space per 500 square feet parts sales service area, plus one space per 2,000 square feet outdoor sates area O'"ce-supporting retail, 2,000 elm less One space per 300 square feet gross floor area Cifre-supporting retail,than 2,000, up to 5,000 sf One space per 30O square feet gross floor area utdoor lerrrporary and/or seasonal sales See Section 17 .08.0200 Produce stand One space per 300 square feet gross floor area Restaurant One space per 60 sq_ ft. customer use area, including wailing seating, counter service areas, an d dancing areas, plus one space per 100 sq . ft .food preparation,including counter space, pantr y storage, and dishwashing areas. Wails,halls,restrooms, and dead storage areas do not count as either customer use or food preparation floor area urant vi tin late hoer alcohol sir ice Same as Restaurant :e <!. 'tern )see also vehicle services")one space for attendant booth plus two per service bay plus one space per four f uel pumps arcfmuse stores -95;000 sf or teas rgfa fdinimum one space per 300 square feet gross floor are a re'muse stores -more than 45,000 sf gfa A maximum of one space per 200 square feet gross loor area,wfh ifae exception for rrtore spaces i f structured mutt-level parking is used 54 C4-1 6 Ordinance No . 1578 (2012 Series) ATTACHMENT 1 RITA 101-1 1 Alcohol Outlet Regulations Gi y t~l sin Luis oBls ~t Et:c~rzff :ZOfIInc,IzCc,ULtle TABLE 8 - PARKING REQUIREMENTS BY USE SERVIC' - BUSINES FINANCIAL & PROFESSIONA L ATMs No requirement Rinks and financial services One space per 3fg1 square lard gross f oor area Business support services One space per 300 square feet gross floor are a Convalescent hospital Same as Medical service - Extended care Medical service - Clinic, laboratory, urgent care Medical, dental, and other health services: one per 200 square feet gross floor area . Medical service - Doctor office Medical,dental,and other health services: one per 200 square feet gross floor are a Medical service - Extended care One space per four beds (adult): one space per five juvertite occupant s Medal service- Hospital One spade per lrec t Office - Accessory As required for principle us e Office - Business and service One spate per :=tJG square feet gross floor are a Office - Government Pastoffrces Offices_ one per +GC) squat e feet gross_Prior area Meeting moms: one per four fixed seats or uric per e srfrr are feet o: seating area e lthoet fixed seats One space per ^U0 square feet office,coifing,ur ;to~mer service area plus one space per 500 squar e feet null(handing Office - Processing One space per 200 square tent gross fluor are a Office - Production and demist ative One space per 300 square feet gross floor area Office -Profess Dial Medical dental arid other healtfr servicx s:one per 200 square feet gross floor area.At others. one space per 300 square feet gross floor area . Office - Temporary See Section 17 .08:010 C Photographer, photographic studio One space per 200 square feet gross floor area SECTION 5 .Chapter 17 .22 : Use Regulation . Table 9 (Uses Allowed By Zone ) of the City of San Luis Obispo's Municipal Code is replaced and amended to read a s follows : 16 G4-1 7 Ordinance No . 1578 (2012 Series ) R/TA 101-1 1 Alcohol Outlet Regulation s feBRuan ATTACHMENT 1 city or sin Luis oBIspo zoninq izecutations TABLE 9 - USES ALLOWED BY ZON E Permit Requirement by Zoning District Spot di, u m Regil lR2C -TAGCIOS A UL RE Crop production and grazing Greenhouse, commercial Livestock feed lot pc Pc INDUSTRY MANUFACTURING &PROCESSING WHOLESALIN G Bakery, yvhplesale PC rurrtaute and MI:um manutactunng, cmtind t shop D A Industrial research and development PC D D Laboratory - Medicat, analytical, research , testing PC A A A A Laundry, dry cleaning plant A A Man cfactuting - Heavy PC PC Miln i factunng Lght D A A Pe li olei im product storage and distribution D Photo and Fin,processing tab A A Prints id pubtiebing A A A Rein cling Makes - Collection and processing fati,liv D Recycling facilities- Scrap and dismantling yar d Ron' ring fa '-Sma ction D D A Stowe - Petsonal storage facility A A Storage yard D A Warehousing, indoor stoxage A A P C W isbibufion A A PC LODGING Serf and breakfast inn D PC PC A A Homeless Metter PC A PG PC PG PC pc 17 MAIO Hostel PC PC A A A Hotel. roots!A A A PC Recreational vehicle (RV) pat* accessory to hotel, motel Pc Vacation Retrial I 1 1'1,22.,G Key:A =Mowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval require d AID = Director's approval on ground floor, allowed on second floor or abov e Note:Footnotes affecting specific land uses Wow the table DADE S3 A A A Pc PC C4-1 8 Ordinance No . 1578 (2012 Series ) RITA 101-1 1 Alcohol Outlet Regulations ATTACHMENT 1 City Of San LUIS OB.ISp O zOtltnc .t2t uL\tIons fem.u .\C\'20 1 2 TABLE -USES ALLOWED BY ZONE - Continued Permit t:equirement by Zoning Distric t Land Use F.1 Pt (011}C-N (-D EP Regular i t RECREATION, EDUCATION,&PUBLIC ASSE ELY US E Barttavem 0 D D D 0 0 Club,lodge, private meeting hall D D A D ND D D D Commercial recreation facility - Indoor PC _D D D D D(12 PC D 17.08.{160 Commercial recreation facrkty -Outdoor PC PC Educational conferences D €3 D D 17.08.010 .0.8 Fitness/health Way D A D D PC A_A C Golf Course PG _ Library, museum PC D D D D Library,breech facility D D D D Night club _D D D D D_D Chapter 17 .96 Off site wire Lashngroom A A A A A A Park, playground D D A A A A D D A A A Public assembly facility PC D D D D PC Religious facility -PG L D D D A D D D A D(7)D(7)D(7 ) School -Boarding school, elementary, middle, secondary PG PG School - College,university campus PC School -Cdiege,university -Satellite classroom facility School-Elementxary,Merl secondary f-'G ..PC,D D PC _D School -Specal¢ededucaiionttralnirrg PC AID AID A A A Specie! event _D D D D D D it D D 17.06 .01 0 Sports and active recreation facility PC PC _ PC PC Sports and entertainment assembly facility PC PC Studio-Art, dance,martial arts, music, etc.D D AiC AtD A PC A Theater PC(B)D D D D Chapter 17.95 Theater -f }rive-in PG PG RESIDE tL USES Boardingtroomng house, dormitory PC 0 D D ,_..Chapter 17.20 . Caretaker quarters A A_A A A:A A A A A A A A A A [t Convents and monasteries PO:A A D _ Fraternity,sorority PC PC _ High occupancy residential use D Home occupatiion H H H H AF H H H H H H H H H 17 Ox orr, Live/emit units A A A A A 17.05 . l 2 PAixeri-us A I A A A A A PG PG 1 17.088(2 Mobile Name as temporary residence at budding site A A A_A A A A A Maxie home park A AAA Multi-family dweiings A A,A A D D Residential care facT'Ries- 6 er fewer residents A A A A A A NI)Atli ND D Residential care fact ties -7 or more residents A A A A A D A7D ND D Resident .hosyi citify PG PG D PC PC C Rest borne A A A A A D ND ND D Single-(amity dwellings A A A(2)A A A A D D Secondary dwelling units A A A A A Chester 17 .21 Work R ive units D D 17.08./20 Key:R =Allowed C =Directors Use Permit approval required PC = Planning Gonarnission Use Permit appro ND = Director's approval on ground floor,allowed on second floor or above H e-Home Occupation Permit Nate:Footnotes affecting specific land uses fallow the table . PAfaiE S4 equired used C4-1 9 ATTACHMENT 1Ordinance No . 1578 (2012 Series) R/TA 101-1 1 Alcohol Outlet Regulation s PEANPLIARV 2012 City Or San LUIS OBISpO zcntncj tiz€quLvUons TABLE 9 - USES ALLOWED BY ZONE -Continue d Permit Requirement by Zoning District p o 6 ). Mc us e P a ::: ,slon sBpAGLand Use cos c.c.c..N RETAIL SALES Auto and vehicle sales and rental D A Auto parts sales, with installation D5 A A Auto pads sates, without installation A D A A A Battery, retail A A A A A 0 Building and ta m sales, indoor A A A A A Building and landscape materials sales, outoor D 13 A A A Donstiuction and heavy equipment sales and rental D D Convenience re D D D A D C 17 .08095 Extended hour retail D D D D D D Farm supply and feed store Fuel dealer (propane,etc)D A Funnttrre,urnishings, and appliance stores A wristest - 2000 st or lessat retal - Mre than Z;000 0, up to 15000nesat retort More Ulan )5,000 sf, up ro tienerat retail 'More than 45,DUO sf ,toCOMO sf --A Deneral natal - Nkre than 60,000 sf, up t o Gm tiesspecialty Liquor StorelAloohol Sales 17 .1 1 Mobile homeRV, and boat sales A Office-supporting rela y,2,000 sf or less _D Office-supporting retail,tie than 2,000, op to5,000 sf D A A Outdoor tentxrorary anther seasonal safes See Section 17 .08.020 17 .08.020 Produce stand A A A Restaurant A A A A D Restaurant with late hour alcohol sersisie D D D 0 D 17,11 -& ITA 00.R . Outdoor BBOIGAII,accessory to restaurant D D D D Service station (see also 'vehicle services')D D D A 17 .08.030 Vending machine See Section 1708 .050 17 .08.050 Warehouse stores - 45,000 sf or less gfa D D D Warehouse stores - more than 45000 sf gfa PC PC , Key :A A Allowed D =Director's Use Permit approval required PC =Planning Commission Use Permit approval required = t3isdor's approval on ground floor,allowed on second floor or above Note:Footnotes affecting specific land uses follow the table . 19 C4-2 0 Ordinance No . 1578 (2012 Series) ATTACHMENT 1 R/TA 101-1 1 Alcohol Outlet Regulation s City (j~s irn LUIS onisp o ZOU(F 1(i t €('iUiatIOfS t:13RU ' 2012 TABLE 9 - USES ALLOWED BY ZONE - Continue d Permit Requirement by Zoning District Land Use AG 1CiOS R7 R3 R4 Pr (1)C BP SERVICES - BUSINESS, FINANCIAL &PROFESSIONA L ATMs A A A A A A A A A Banesandfarancaaiservices A A A A D(4)D(4)D Businessnupporiservees A A AID A A A ..A Medicalservice-Cbnic,talsnrstory .urgentcare D D D A D(i9)0(91 ) Medical service-Doctor office A AID AID A D(11)D(f9 ) Medical servrce- Extended care PC PC D PC PC D Medicalservice-Hospital PC PC Convalescenthospial PC PC Office-Accessory A A A A A A A A Office Business and servi ce A A AID A D(4)D(4)D Office -Government D PC A A P C Office-Processing D D D D(4)D(4i A Office-Production and administrative A AID AID A D(4)D(4)A . Office-Professional r A A!€l -A1D A D Office -Temporary .See Section 17 . fiB.Ot1l.0 Phofoeiraphern p graphic studio I L I 1 I I 1 I A 1 AM A 1 PC 1 A I f SERVICES - GENERA L Gateritgservirx D 0 A 0 A A Cemetery,mauscleum, columbarium PC PC PC PC PC PC PC PC PC PC Copying and Quick Printer Sera*A A A A A A A A Day care - Day care center(childtaduit)D(9)D(9)D(9),D(9)D(9)A A A AID A D(9)D{_3)D(9)Cr 17 08 100 Daycare -Fansfyday care home(smafUkarge)A A A A A A A A A A A A 17 .Ii8.3IlIi Equipment Partial A Food bank/packaged food dislraxrhon center it tl .Maastenance servxe, cant aria se€vvieee A A PC_ Mortuary,Ycmeratirome D 0 A D Persona services A A A A D A D Personal services-Restdtted D f? P N;i,e safety 'bakes PC PC Poi,(,arty faedites PC A A 'ia':Q4.f RC Repair rewire -Equipment, large appliances, etc.A A D 2esb entialSu ortServices A A A A Social service or on D A A A A D Ver :le services- Repair and maintenance -Major A A DVehiclese(.ices -Repair and maintenance -Minor PC D A A D D -Vehicle services-Carwash D PC 0 D Veterinary d inic/Mrspifat, boarding,large animal PC PC D D Veterinary cfnialhospital, boarding, smal lanimal,indoor D D A ND A A Veterinary chnrcmtmsprtal, boarding, smallarinal,outdoor D Key;A= Allowed D e erector's Use Permit approval required PC =Planning Commis n Use Pe P Zed NO = Director's approval on ground floor, allowed on second floor or above Note:Foofnofes affecting specific land uses follow the table. 20 C4-2 1 ATTACHMENT 1Ordinance No . 1578 (2012 Series ) RITA 101-1 1 Alcohol Outlet Regulation s rel312tIAl2V 21312 city o - s. n Leas oaaasp o z0tltncl nec uL t1on s TABLE 9 USES ALLOWED BY ZONE Continue d Permit Requirement by Zoning District Specific us e RegulationsLand Use AG R3 RA Fl ~ol11 BP TRANSPORTATION &COMMUNICATIONS Airport PC PC PC D Ambulance, taxi, andtor limousine dispatchfacility A D D Antennas aril tetecorticatitxms fa lea D D D D D D D D D D D 17.16-120 Media Production - Broadcast studio A AID A A A A Media Production - Backlotsloutdoor Mattes and soundstages D D D Heliport PC PC P C Parking facility PC(6)PC(6:PC(6 0)6j D(6)D(6) Parking facility - tvtulli-ievet PC(6)PC(6)PC(6 PC(6)PC(6)PC(6) Parking facility - Temporary PC D D D D D D D D 17 00 .01 0 Railroad facilities A Transit station or terminal PC PC PC D A Transit stop A A A A A A A A Truck or frep7trt torrinal A A D Water and wastewater treatment plants an d services PC P C Key :A=Allowed D = Director's Use Permit approval required PC = Pluxiuu rottuired A . = Director's approval on ground floor, allowed on second floor or abov e Kale :Footnotes affecting specific tarot uses follow the table . pa (IC £7 21 C4-2 2 Ordinance No . 1578 (2012 Series) ATTACHMENT 1 RITA 101-1 1 Alcohol Outlet Regulation s SECTION 6 .Chapter 17 .100 . C . Convenience Store . of the City of San Lui s Obispo's Municipal Code is replaced and amended to read as follows : Convenience Store .A retail establishment with not more than 4,500 square feet o f gross floor area, offering for sale prepackaged food products, household items , newspapers and magazines, and sandwiches and other freshly prepared foods, such a s salads, for off-site consumption . Sale of alcoholic beverages is limited to beer and win e only (ABC License Type 20). SECTION 7 . Chapter 17 .100. G . Grocery Store and Specialty Foods . Is hereb y added to the City of San Luis Obispo's Municipal Code to read as follows : Grocery Store and Specialty Foods .A retail business where the majority of the floo r area open to the public is occupied by food products packaged for preparation and off - site consumption . SECTION 8 .Chapter 17 .100 . L . Liquor Store/Alcohol Sales . Is hereby added to the City of San Luis Obispo's Municipal to read as follows : Liquor Store/Alcohol Sales .Any business selling alcoholic beverages as a primary use including beer, wine, distilled spirits, or hard liquor,or any other alcoholi c beverages . Liquor/Alcohol Sales does not include grocery stores, convenience stores, warehouse stores, or other alcohol sales authorized as part of an off-site wine tastin g room or food and beverage product manufacturing . SECTION 9 .Chapter 17 .100 .R . Restaurant. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows : Restaurant .A retail business selling ready-to-eat food for on- or off-premis e consumption, which does not include alcohol service after 11 :00 p .m . These includ e eating establishments where customers are served from a walk-up ordering counter fo r either on- or off-premise consumption, establishments where most customers ar e served food at tables for on-premise consumption, but may also provide food for take - out, and establishments that provide food for off-premise consumption only . Includes coffee houses, donut shops, delicatessens, etc .Does not include restaurants with drive-through ordering or service ."Restaurant" means a place which is regularly an d in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containin g conveniences for cooking an assortment of foods which may be required for suc h meals . 22 C4-23 Ordinance No . 1578 (2012 Series) ATTACHMENT 1 RITA 101-1 1 Alcohol Outlet Regulation s SECTION 10 .Chapter 17 .100 .R. Restaurant with Late-Hour Alcohol Service . I s hereby added to the City of San Luis Obispo's Municipal to read as follows : Restaurant with Late-Hour Alcohol Service .A restaurant which provides alcoho l service after 11 :00 p .m . SECTION 11 .Severability.If any subdivision, paragraph, sentence, clause, o r phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a cour t of competent jurisdiction, such invalidity or unenforceability shall not affect the validit y or enforcement of the remaining portions of this ordinance, or any other provisions of th e City's rules and regulations . It is the City's express intent that each remaining portio n would have been adopted irrespective of the fact that any one or more subdivisions , paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable . SECTION 12 .A summary of this ordinance, together with the names of Counci l members voting for and against, shall be published at least five (5) days prior to its fina l passage, in The Tribune, a newspaper published and circulated in this City . Thi s ordinance shall go into effect at the expiration of thirty (30) days after its final passage . INTRODUCED on the 15 th day of May, 2012,AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 5th day of June, 2012, on the followin g vote : AYES : NOES : ABSENT : Jan Howell Marx, Mayo r ATTEST : Sheryl Schroeder, Interim City Cler k APPROVED AS TO FORM : /s/ J . Christine Dietrick Christine Dietrick, City Attorney 23 C4-24