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HomeMy WebLinkAbout06-19-2012 b1 ordinance 2nd reading zoning amendments alcohol outlet regulationscounci lj acEnaa aEpout Meeting Date 6/19/1 2 Item Number B C I T Y O F S A N L U I S O B I S P O FROM : Derek Johnson, Community Development Directo r Prepared By :Doug Davidson, Deputy Directo r SUBJECT : ALCOHOL OUTLET STRATEGIES – ENHANCED ZONIN G REGULATIONS TO IMPROVE PUBLIC SAFETY; CITY FILE #:RIT A 101-1 1 RECOMMENDATIO N Introduce by title only Ordinance # 1578 (2012 Series) amending Title 17 of the Municipal Cod e regarding alcohol outlet regulations . DISCUSSIO N On May 15, 2012, the City Council voted 4-1 to introduce an Ordinance amending the Zonin g Regulations to focus regulations on alcohol outlets to improve public safety . The Counci l modified the Deemed Approved Ordinance to eliminate the codified reference that included th e Downtown Association (of which the Safe Night Life Committee is a sanctioned subcommittee ) in the hearing process and amended the definition of a "convenience store" to limit alcohol sale s to beer and wine only . Council action also included a one-year review of the Deemed Approved Ordinance an d direction to notify the Downtown Association of the Administrative Hearing in the event of a Deemed Approved Ordinance violation . Staff also amended a clerical omission in the title o f Section 17 .11 .040 E of the Deemed Approved Ordinance to add "Standards or Conditions o f Approval" in the title . On June 5, 2012, after taking public testimony, the Council directed staff to modify the Ordinance and bring it back for a first reading on June 19 th . Council direction focused on the procedures for violations of performance standards (17 .11 .040 D). Per Council direction, th e Ordinance has been revised to define the role of the Downtown Association (DA) in the process , confirm that the DA has no legal power or authority, and establish the timelines for noticing o f the public hearing . Additional minor edits were inserted into 17 .11 .040 E to clarify that Sectio n E is addressing violations of "conditions of approval ." Staff met with representatives of th e Downtown Association Safe Night Life Committee on June 7th and they were supportive of th e proposed Ordinance changes . ATTACHMENT : 1 : Ordinance # 1578 (2012 series) with Track Changes 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 ; an d 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); an d WHEREAS,the City Council finds that the proposed text amendments ar e consistent with the General Plan, the purposes of the Zoning Regulations, and othe r applicable City ordinances ; and 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 : 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 . Ordinance No . #### (2012 Series) ATTACHMENT 1 RITA 101-1 1 Alcohol Outlet Regulation s 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 and Scop e 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 Sale regulations . B.Purpose of Deemed Approved Alcoholic Beverage Sale regulations .The general purposes of the Deemed Approved Alcoholic Beverage Sale regulation s 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 : 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 ; Ordinance No . #### (2012 Series) ATTACHMENT 1 RITA 101-1 1 Alcohol Outlet Regulation s 4 . To provide that alcohol outlets specified in this chapter are not the sourc e of undue public nuisances in the community ; 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 Sal e 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 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 . Ordinance No . #### (2012 Series) ATTACHMENT 1 RITA 101-1 1 Alcohol Outlet Regulation s 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 o r 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 . "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 . 4 Ordinance No . #### (2012 Series) ATTACHMENT 1 R/TA 101-1 1 Alcohol Outlet Regulation s 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 Sales 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/Alcoho l 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 ; 3.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 ; 5 Ordinance No . #### (2012 Series) ATTACHMENT 1 RITA 101-1 1 Alcohol Outlet Regulation s 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 Approved Activity shall retain its Deemed Approved Status as long as it complies with th e 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, and 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 that 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 .Upon 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 .Cs: and once it i s 6 Ordinance No . #### (2012 Series) ATTACHMENT 1 R/TA 101-1 1 Alcohol Outlet Regulations determined by the city that violations appear to be occurring, then a public hearin g will be scheduled before the Administrative Hearing Officer, as follows 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 itssuccessor agency in all instances in which the complain t involves an establishment within the boundaries of the Downtow n Associationorits successoragency.. b . In all instances in which the complaint involves an establishment withi n the boundaries of the Downtown Association, the Downtown Association 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 hereinshallrequire 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 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 . The Administrative Hearin Officer shall ~oceed with the ubli c hearing after 30 calendar days of issuing a notice of public hearing , whether or not the Downtown Association or its successor agency has met with the business owner of the Deemed Approved Activit y or delivered a recommendation for consideration by th e 7 Ordinance No . #### (2012 Series) ATTACHMENT 1 R/TA 101-1 1 Alcohol Outlet Regulation s 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 . Inno event shall a meeting between the Downtown Association an d the business owner of the Deemed Approved Activity, or delayor inability to schedule such a meeting, cause a delay to or substitut e for a public hearing before the City's Administrative Hearing Officer, unless it is determined in the sole discretion of th e Administrative Hearing Officer that a delay is in the public's interest . mac . —The purpose of the Administrative public hearing is to receive evidenc e and 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 determin e whether the Deemed Approved Activity conforms to the Deemed Approved Performance Standards set forth in Section 17 .11 .030 .C . and t o any other applicable criteria, and may continue the Deemed Approve d Status for the activity in question, or require such changes,,or impose such reasonable Conditions of Approval as are necessary,in the judgment of th e Administrative Hearing Officer necessary to ensure conformity to sai d criteria . Anyand such changes or conditions shall be based on the evidenc e before the Officer . The decision of the Administrative Hearing Officer shal l be based upon information compiled by staff and evidence and testimony from the complainant, thebusiness owner, the property owner if not the same,and all other interested parties . New Conditionseonditions o f Approvalapproval shall be made a part of the Deemed Approved Status an d the Deemed Approved Activity shall be required to comply with thes e conditions . The determination of the Administrative Hearing Officer shal l become final ten (10) calendar days after the date of decision unles s appealed to the City Planning Commission in accordance with Chapter 17 .66 . E . Procedure for consideration of violations of Standards or Conditions o f Approval .In the event of a violation of any Conditionof 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 shally hold a noticed public hearing . The purpose of this public hearing is to receive testimony an d 8 Ordinance No . #### (2012 Series) ATTACHMENT 1 RITA 101=1 1 Alcohol Outlet Regulation s determine whether violations of Conditions of Approval or ofd Sections 17 .11 .01 0 through 17 .11 .030 of these regulations exist . The Administrative Hearing Office r may add 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 ; or 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 . 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 Sale regulations . 9 Ordinance No . #### (2012 Series) ATTACHMENT 1 RITA 101-1 1 Alcohol Outlet Regulation s 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 any 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 under 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 an d amended to read as follows : 10 B1-11 Ordinance No . #### (2012 Series ) RITA 101-1 1 Alcohol Outlet Regulation s Ordinance No . #### (2012 Series)ATTACHMENT 1 LMZ 2012 City O sAn Luis OBtSp O zoninc, nequLvtton s TABLE 6 - PARKING REQUIREMENTS BY US E Type of Use Number of Off-Street Parking Spaces Require d AGRICULTURE Crop prod] iretie and No requirement Greenhouse, commercial N p requirement Livestock feed tot As provided in approved use permit INDUSTRY, MANUFACTURING &PROCESSING, WHOLESAUNG Bakery, wholesale Same as Manufacturing - Ligh t Furniture and mixtures manufacturing, cabinet shop Same as Manufacturing - Ligh t Industrial research and development One space per 300 square feet office or laboratory area, plus one space per 500 square feet indoo r assembly or fabrication area, plus one space per 1,500 square feet outdoor work area or indoo r warehouse area Laboratory - Medical, analytical, research, testing One space per 300 square feet gross floor area Laundry, dry cleaning plant One space per 500 square bet se floor area Manufacturing- Heavy One space per 500 square feet gross floor are a Mamie - Light One space per300 square feet =essay office area plus one space per300 square feet to 50 0 square feet manufacturing floor area, to be determined by director =carding to employmen t characteristics of each use, plus one per 1,500 square feet outdoor manufacturing are a Petroleum product storage and distnbution One space per 300 square feet office areas plus one space per 500 square feet indoor storage area plus one space per 2,000 square feet outdoor storage are a Photo and film processing lab One space per 300 square feet gross floor are a Printing and publishing One space per 300 square feet gross floor are a Recycling betties - Collection arid processing faddy One space per 500 square feet of press leer area plus one space pc r 10 .W0 square feet outdoor storage area,. but in no ea,less tf 3 ;4 spaces Recycling taci Scrap anti dismanttbg yard One space per 500 save re feet or gross Door area plus one space per 10 .000 square feet outdoo r storage area, but in no case less than 4 space s Recycling facilities - Small collection betty As provided in approved use pe mil t Storage - Personal storage facility One space per 300 square feet office area and common indoor fealties and one space fo r 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, indoor storage One space per 300 square feet office area plus one space pee1,500 square feet indoor storage are a Wholesaling and distribution One space per 300 square feet office area plus one space peril fl q O sqlrare feet indoo r sales/storage area . plus one space per 2,000 square feet outdoor sales are a LODGING Bed and breakfast inn One per rote or group of rooms to be occupied as a suite, plus rev for resident manager's quarter s Hostel One space per five beds, plus one for manager, When the he el is part of a residence : one space per fee beds, in addition to two spaces for tire residence . Hotel.el One per room or group of rooms to be occupied as a suite, plus one for resident managers quarters , plus eatinglassembly area requirement s Recreational vehicle (RV) park accessary to hotel, motel As provided in approved use permit B1-1 2 ATTACHMENT 1Ordinance No . #### (2012 Series ) RITA 101-1 1 Alcohol Outlet Regulation s city o~ son tuns oBisp o zonal() RECREATIO N 12Y4 U~c~iO fls 1'-'B It 'Ry 201 2 TABLE & - PARKING REQUIREMENTS BY US E Type of Use king Spe cNumber of Off-Street Require d ,EDUCATION.& PUBLIC ASSEfr1BLY USES Bar/tat/ern ierir One space per 60 square feetof customer use plus one space par 100 square feet of foo d preparation area Club, ledge, private meeting halt One space per 300 square feet office area plus one space per four frxerf seats ar'arre space per 40 Square feet seating area without fixed seats, in the largest assembly mom Commercial recreation facilty-Indoo r Beating alleys One space per300 Us re ?Set gross floor are a Two spaces per lane pus one space per tcur seats spectatorfeating are a Conwaerciatrecreationfact lity-Outdoor One space per 500 square 'diet autdoep use are a Educational conferences As provided in approv ed use permit Fitnesslhealth facility One space per 300 square feet gross floor are a Lii, museum One space per 5CD square net stem gsddisplay area plus government office and meeting fro' requirement s Library,, b ranch facility AS pm . Pied ni approved use permi t Night club One eerie per 60 square feet ^3oror mad Id a'r customer use, inetudir sea . dancing .'areas plus me space tier l0O square ,at n area Off-s to wdr a tasting room One spew per 200 square feet geese floor are a Patti, playground One space per 500 square fee t Public assembly facliy One space per four fixed seats or one space per 40 square feet of assemble area without fixed seat s Rees faellity One space per four fixed seats (one space per 40 square feet seating area wiH out fixed seats) i n largest assembly room School- Boarding sehaot, elementary, middle . secondary As provided in approved use permi t Scheel- Colley e, tare <ty - Campus As provided in approved use permi t Sohoe''-Coley e,a„iversirrr-Satellite etas sroomfacility One space perPO squarefeetperclassroomVisorarea School-Etemeir teiy, middle aecandary Two spacespea ciaasroam pins one space per 300 square feet office, assembly orccmnron aren a School pec aieei educatao itrairneg One space per50 square feet per classroom floor a r Special event Onespace psr 500 square Piet or as prooPted in approved use permi t Sports and activeteoreatonfaciify One coceper100squarefeetofplaysurfac e Sports and entertainment assembly facility As provided in approved use pert i t Studio - Art, dance, martial arts, music, etc .One space per 200 science feet gross ter area Theater One space per four seats Theater ._Drive-in No €eyriirerrreni Ordinance No . #### (2012 Series ) RITA 101-1 1 Alcohol Outlet Regulations ATTACHMENT 1 reDDLIARy 2012. MY SAI-1 LUIS OBISp O ZOTI10q Me() LiL iktKMIS TABLE 6 - PARKING REQUIREMENTS BY US E Type of Use NUMher of Off-Street Parking Spaces Require d RESIDENTIAL USES BoardingIroomkig house, dam-ilk:my One space per 1.5 occupants or 1 .5 spaces per bedroom,whrchever is greater Caretaker quarters Teo spaces per dweffm g Convents and monasteries One spate per flee occupants Fraternity, sorority One space per 1.5 occupants or 1 .5 spaces per bedroom, whichever is greate r High eceupariey r use.The parking requirement shall be greater of:1 . The number of space required for dwellings .or 2. Oneoff-street parking space per adult occupant, less one . Home oc n See Section 17 .05,094 Live/work units 2 spaces per and Mined-use prcleel Same as Multi-family dweImgs Mobile home park IL spaces per unit 1 space to be with unit MA-family dwellings 1 per studio apartment, 1-112 for first bedroom plus 112 for each additional bedroom in a unit, plus 1for each five units in developments of more than five units . Also see parking reduction paragraph s under 17 .16 .060, Residential care facilities - 6 or fewer residents Same as Rest hom e Residential care facilities -or more residents Same as Rest hom e Residentail hospice facility Some as Rest home Rest home One space per ur beds (adult): one space per five juvenile occupant s Single-family dwellings 2 spaces per dwelling.. In the R-1 and DIOS zones, one space must be covered , We:Wive eels 2 spaces per unit pi‘Oe 5 3 B1-1 4 Ordinance No . #### (2012 Series)ATTACHMENT 1 RITA 101-1 1 Alcohol Outlet Regulations TABLE - PARKING REQUIREMENTS BY US E Type of Use Number of OffT Street Parking Spaces Require d Auto and vehicle sales and rental space per 300 square feet office area plus one space per 600 square feet parts sakes service area, plus one space per 000 square feetoutdoor sates are a Auto parts sakes, with installation One space per 600 square feet gross floor are a Auto parts sales,ta n One space per square feet gross floor are a akery,it One space per 209 square gross floor are a Building and landscape materials sales,. indoor Orre space per 300 square feet office area plus one space per 500 square feet indoor aisles area plus one space per 2000 square warehouse area uidingandlandscape materi als sales, outdoor One space per square feet caeca area plus one space per500 square feet ddoci sofas are a plus one space per 2.000 aqua are feat warehati .sa caw area construction sndtleavy equipment sates and rental One space per 00 equate feet office area plus one :space per 500 square feel parses am; service area, psis cafe specie pe r 2 ,000i square feet outdoor SpieS area Convenience stare Twe spaces for employee parking .plus oile space per 500 square feet of gross floor area and a minimum citrate bicycle parking spa ces shall be provided per busines s xtend hour retail e specs e typed petal Farm supply and feed store One per 500 square feet indoor salesfsto ge area plus one space per 2,1100 square outdoor le ra area. Fuel dealer (propane, de)One per square feel indoor lesIstorage area pies one space per 2„000 square feet outdoo r saiesfstorage area. Fem.furnishings, and appliance stores One space per 500 ea :ere feet g rem f oor ores mere gee less Orr epee a ner 300 square feet gross firer are a Cr -2,00 sf,upto15,000sf Or sc .:r .190 itiouara feel gross tee area General More tharr 15,000 sf,to 45,at a 35U sauaie feet kr a3 ea General retail -More than it5,000 sf, up to 60,000 of .Ti am space aer 25 s &act area . et h the exception for more spaces attar re alai=vat parting rs used General fetal more than 60,009 st, up to it4ttm0 at _ IntiesereindtilvIl .opittt,CiLl Iee7pia,ce,kopigeris2 O0usssrei.c.teesgross Seer area, at; the exception for more space s Florists and Photofinishing (retail)One space per 500 square feet floor are a etail sates and repair bicycles One space per CU square floor area Groceries, specialty foods One space per 200 square fee gros s r liarefA Safes One space per 200 square feet gross floor are a Mobile home RV.and sat sales One space per 3510 square feet office area pies one space per 5110 sq area, plus one a pace per 2,000 square feet outdoor sales area feet parts sakes service ice -smote::rig retail 7000 of or leas One space per 30G square feet gross floor are a Office-soppaiting retail, mete than 2,000, up to 5,000 sf one spa se het 371 square feet gross. PICOT tentpCire nnn ,tea Seam' 17 55 t 2 Produce stand One space per 300 square feat gross fkwr area rant space per 60 sq, ff . customer use area, including ailing seating, (curter service areas, and -dancing areas, plus one space per 100 sq . ft. food preparation. irmi,:deg counter apace, pantry storage, and dishwashing areas. Welts, halts, restroome, and dead seal a g either customer use or t epa ' n floor area ereas tie not mint a s Restaurant with late hour alcohol service Same as Restaurant Service station (see .tea "vehicle services")ana space for otter dari pies two epar service bay alas one space perfour feel pea l house es - 4 ,00 sf less W1in:UPI 0110 5 pate Melee t 2 ;055 tie:Or area - Warehouse stores -.more than 45,000 g gfa A maximum at one space per 230 square feat gross floor area vat the exception for more spaces i f structured multl-la iia I pare rag is used pM'j € 54 B1-1 5 Ordinance No . #### (2012 Series ) RITA 101-1 1 Alcohol Outlet Regulations ATTACHMENT 1 ~CBRUAR Y 2012 City Or SXrl LUIS OBISpO zoninQ oequLxtiotI s TABLE 6 - PARKING REQUIREMENTS BY US E Type of Use Number of Off-Street Parking Spaces Require d SERVICES - BUSINESS, FINANCIAL &PROFESSIONAL ATMs No requirement Banks and financial services One space per 300 square feet gross floor are a Business support services One space per 300 square feet gross floor are a Cane leseent 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 . M feat service -Doctor offi Medical,dental, and other health services: one per 200 square feet gross floor area . Medical service -Extended care One space per four beds (adult):one space per five juvenile occupant s Medical service - Hospital One space per bed Office - Accessory As requi-ed for principle use Office -Business and service One space per 300 square feet gross floor are a Offics Government Post offices Offices; one per 300 square feet gross floor area.Meeting rooms : one per four fixed seats or one per 40 square feetof seating area without fixed seats . One space per 300 square feet office,sorting,customer service area plus one space per 500 square feet bulk handlin g Office - Processing One space per 200 square feet gross floor are a Office - Production and administrative One space per 300 square feet gross floor are a Office -Professional Medical dental and other health services: one per 200 square feet gross floor area.All others: one space per 300 square feet gross floor area. Office -Temporary See Section 17 .08.010 0 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 : 15 B1-1 6 ATTACHMENT 1Ordinance No . #### (2012 Series ) R/TA 101-1 1 Alcohol Outlet Regulation s CEBU May 2012 city of San LUIS omspo zontnq rzecuLNtons TABLE 9 USES ALLOWED BY ZONE Land Use AG CitS Permit Requirement by Zo ng District 1:3 42 Specific us e R eguia dons A 43R i C.0 LIME Crop production and grazing A A A A D D Greenhouse, commercial PC PC Livestock feed lot PC PC INDUSTRY, MANUFACTURING &PROCESSING, WHOLESALIN G Bakery, wholesale A A i- mimeo ana factures menu tacmnng, cabmet shop D industrial research and development PC Ch D Laboratory- Medical, analytical . research , testing PC A A A A Laundry, dry cleaning plant A A MaitufacturiN - Heavy PC PC Manufacturing - Light D A A Petroleum product storage and distatrution D Photo and film processing lab A Printing and publishing A A A Recycling facilities - Cottection and processing facility C Rec ..Ong facilities - Scrap and dsmantling yard D a- Small collection facility A I storage facAty A A Stohr a yard D A Warehousing, indoor Sinta9e A A PC W ing and distribution A A PC LO GING and breakfast inn D PC A A A Homeless shelter PC A PC PC PC PC PC 17 .08_110 Hostel PC A A A Hotel,motel A A A PC Re vehicle (RV) parit accessory to hotel, motel PC Weaken Rental I 1722 .G Key:AA Mewed D =Director's Use Permit approval required PC = Planning CemMissien Use Permit approval required All)A Director's approval on ground floor, allowed on second floor or abov e Note:Footnotes affecting specific land uses follow the table . oi B1-1 7 Ordinance No . #### (2012 Series ) R/TA 101-1 1 Alcohol Outlet Regulations ATTACHMENT 1 city of sari Luis omsp o Z01"111'N PeOULAtlOtIS ~C MU A Ry 2012 TABLE 9 o USES ALLOWED BY ZONE - Continue d Permit Requirement by Zoning Distric t Land Use AG IC OS R1 R3 R4 P -D c-H (AS OP R eel eerier i RECREATION,. EDUCATION, & PUBLIC ASSEMBLY USE S Bar/tavern D D D D Club, lodge, private meeting hall D D A D AID D D D Commercial recreation facility - Indoor D D('12PC C 17,08060 Commercial recreation lac*- Outdoor PC Edueallenal conferences -PC D 17,08.010.C.6 Pitriessihealth facility D A PG A A Golf Course P C Library, museum PC D Cr Library., branch faddy D Night dub D D D D Chapter 17 .96 Off site wires tasting roam A A A A A Parki playground D A A A D D A A A Public assembly MOW PG D D PC Religious betty PC D D D A D D D H.D(7 D{7}School-Boarding wheat elementary . middle ,secondary PC P G School-College. university campus PCSchool - College, university Satellite classroom facilit y Scheel-tom mentary, middle, secondary PC PC PC School - Specetized edueafionitraining PC AID AID A A A Special event D D D ID D D D 17,08.81 D Sports and active meteabete facility PC PC PC PC Sports and entertainment assembly facility PC PC Studio - Art. dance, martial arts, music . etc.D D AID AID A PC A Theater PC(8 D D Chapter 172S Theater - Drive-et PC RESIDENTIAL USES Board ii gireeming house, dormitory PC D Chapter 17 .20 Daretaliei quarters A A A A A A A A A A A A A A A Convents and monasteries PC A A El Fraternity, sorority PC PC High occupancy residential use D D Home occupation H H H H 17.08.D90 Lieeffireek units A A A A A 17.08 .120 Mixed-use peeled A A A A A PG PC 17.08.07 2 ile biome as te mice at A A --A id ;ial dwellings A D D Residential care lades - 6 or fewer residents A AID ND AID D Residential care Mates - 7 a more residents A A A A A 0 ND ND D Residential hospice facility PC PC 0 PC PC Rest home A A A A A D AID AfD D Single-family dwellings A A A A A A D Seeendaiy dwelling units A A A A A Chapter IT 21 Workilive units D 17.08 .120 A= Allowed if A Director's Use Permit approval required PC A Planning Commission Use Permit approval required NI)= Director's approval on ground floor, allowed on second Neer or above H Home Occupation Permit require d Footnotes affecting specific and uses follow the table . Key: Note: DACIE. 84 ATTACHMENT 1Ordinance No . #### (2012 Series) R/TA 101-1 1 Alcohol Outlet Regulation s fEoRUAr2y '20x'2 cit!o .Sat Those s170 zonm 0 Q UL\tlo11S TABLE 9 - USES ALLOWED BY ZONE - Continue d Permit Requirement by Zoning District Specific use RegulationsBPAGLandUse0 (1)-DC-Il r:R RETAIL SALES Auto and vehicle safes and rental f3.A PC Auto parts safes, with installation D(5)A A Auto parts sates, without instatfation A D A A A Bakery,retat A A A A A 0 D Buikting and landscape materials saw, indoor A A A A A Building and landscape materials sales, outeor D 0 A A Construction and heavy equipment sales andrental 0 .0 Convenience store D D D A A A A A 0 D D 17 .08 .095 Fxtendedhour retai D D D D D D D D Farm supply and feed store PC A A Fuel dealer (propane, etc)D A... Furnrhrre, 3urnrshirsgs,and appkince stores A A A A General retail-2,000 sforless A(3)A A A A General retail - More than 2,000 et, up to 10,000 sf D(t)D A A General retail- More than 15,000 sf, up to 45,000 sf 0 A A D General retail - More than 45,000 sf,up to 50,000 sf D A A General retail -More than 60,000 sf, up to 140,000 sf PC PG PC Gracsries specially foods A(10)A A A PG Liquor StorelAfcohol Sales D D D D PC 17,1 1 Mobile home,RV,and boat sales A P C Office-supporting rebel, 2,000 slorfess A A A A A t? Office-supporting fetal, More than 2,000,up to S.000 sf D D A A D Outdoortemporary and/or seasonal sales See Section 17:08.02.0 17 .08 ..020 Produce stand D D A A A A Restaurant A A A A A D D R e s t a u r a nt with l a t e hour alcohol service L ?D D Cr 0 0 D 17 t 1 &17 :100 .8. Outdoor BBC]/Griit,accessory to restaurant D 0 0 D 0 D D Service station (see aka .vehicle setvices")D D D D A t7,C-. G2 0 Vending machine See Section 17.08,050 t `r i 010 Warehouse stores-45a,000efortessg13 D D D Ysarahausestores-rnnre3h n45o0astglr PC PC PC Key:A=Allowed D =Director's Use Penn/approval required PC =Planning Grsrmiissian Use Permit approval refitied ND =Director's approval on ground floor, slowed on second floor or above Nate:Footnotes affecting specific Land uses follow the table . 18 B1-1 9 Ordinance No . #### (2012 Series) ATTACHMENT 1 RITA 101-1 1 Alcohol Outlet Regulations pAtlC 85' City O Sall MIS of iSpo zonitll/ u c,uL Lions E3i5t2UAI 2012 TABLE 9 - USES ALLOWED BY ZONE - Continued Permit Requirement by Zoning Distric t AI R R4 C91 v1 o-+flc use Reg ills tine sBPLand Use SERVICES - BU NESS. FINANCIAL &PROFESSIONAL ATMs A A A A A A A A A Banks and financial services A A A A D(41_D(4}D Business support services A A ND A A A A Medicatservice-Chic, laboratory, urgent care D D D A D(11)D(11 ) Medicatsetvice-Doctor o tfice A NO AID A 0(11)0(11) Medical service -Extended care PC PC D PC PC D Medkalservice-Hospital PC P C Convalescent hospital PC P C Office - Accessory A A A A A A A A Office -Business and service A A AR5 A D (4)D(4)D Office-Government D PC _-A A PC Office - Processing D D Lt D(4 )D(4)A Office-Production andadministrative _ A _AID AID A D(4)D(4)A Office-Professional A ND P.ID A D Office-Temporary See Section 17,yB.ffttt :C Photographer, photographic studio (~~A j ND I A I PC I A 1 SERVICES - GENERAL Catering service D D A D A A Cemetery,mausoleum, columberium PC PC PC PC PC PC PC PC PC PC Copying and Quick Printer Service A A A A A A A A Day care - Day care center(chitd/adult)D(9)D(9)D(9)D(9)D(9)A A A ND A D(9)D(9)D(9)D 17.08190 Day care -Family day cafe home (srnal/harge)A A A A A A A A A A A A 17.08 .190 Equipment rental A Food bankipackaged food distribution center D 0 Maintenance service; client site services A PC Mortuary, Icmerat home D D A D Personal services _ A A A A D A D Personal services -Restricted Ft D Public safety facilities PC PC Public u16ty faciities PC A A 17 .08.090 Repair service -Equipment, large appliances, etc .A A D Residential Support Services A A A A Social service orgarvzation D A A A A D Vehicle services - Repair and maintenance -Major A A D Vehicle services -Repair and maintenance - Meter PC it A A D Vehicle services -Carwash D f3 PC D D Veterinary ctinic,Rraspital,boarding,large annual PC PC D ClVeterinaryclnie/hospital, boarding, smal l embed,indoor D D A A/D A A Veterinary clrntcfhosprtal, boarding, small animal,outdoor D Key :A =Allowed D = Director's Use Permit approval required PC =Planning Commission Use Permit approval required A/0 = Directors approval on ground floor,allowed or,, second tear or abov e Note:Footnotes affecting specific and uses follow the table. 19 B1-2 0 ATTACHMENT 1Ordinance No . #### (2012 Series ) RITA 101-1 1 Alcohol Outlet Regulation s reudualzy 2012 Mx,cap s t lilts t7trlsp o Zoning tZcqu ttii~h1 S TABLE 9 - USES ALLOWED BY ZONE =Continued AO St Permit Requirement by Zoning Dlstrlc t H"s Rd PP10(ti CH r r[5 .0C-R SpeciS<i BP Regina"-A .Land Use F T ORTATION &COMMUNICATIONS Airport PC PC PC J C Ambulance, taxi,. and/or lim ousine dispatch . facility A D D Antennas d tetecammunieatiuns facmNties D D D D ©D D D D D D ' 17.16_`120 Broadcast studio A NO A A A A . Media Production -Backlotsloutdoorfacilitie s and soundstages D D D Heliport PC PC PC Pou ring faeifrly PC(6).PC(6;PC(6)D(6)D(6)D(6} Parking facility--tenet PC(6)PC(6)PC(&)PC(6)PC(6)PC(8} Parking faehtty-Temporamy PC D D D D D D D D 1708010 Raikoad Facilities O A TsansitStationartenninat PC PC PC D A Transitsiap A A A A A A A A Truitt or fr tthl terminal A A O Water and wastewater treatment plants an d services PC PC Key:A= Nimrod D = Directoys Use Permit approval required PC = Planning Commission Use Permit approval require d ND = Director's approval on ground floor, allowed on second floor or above Note:Footnotes affecting specific land uses Wow the table. pCC 7 2 0 Ordinance No . #### (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 primar y 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 . Include s coffee houses, donut shops, delicatessens, etc . Does not include restaurants wit h 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 fo r 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 . 21 B1-22 Ordinance No . #### (2012 Series) ATTACHMENT 1 RITA 101-1 1 Alcohol Outlet Regulation s SECTION 10 .Chapter 17 .100 .R . Restaurant with Late-Hour Alcohol Service . Is 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 15th 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 Dietric k Christine Dietrick, City Attorney 22 B1-23 Page intentionally lef t blank .