HomeMy WebLinkAbout06-05-2012 c5 zoning amendments-alcohol outlet regulations ordinance 2nd readingcounci ll aGEncla uepoat Meeting Dare
6/5/1 2
Item Number
C 5
CITY O F S A N LUIS O B I S P 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 #:RIT A
101-1 1
RECOMMENDATION
Adopt Ordinance # 1578 (2012 Series) amending Title 17 of the Municipal Code regardin g
alcohol outlet regulations .
DISCUSSION
Backgroun d
On May 15, 2012, the City Council voted 4-1 to introduce an Ordinance amending the Zonin g
Regulations (Attached). The Zoning Regulations were amended to focus regulations on alcoho l
outlets to improve public safety . The Council modified the Deemed Approved Ordinance to
eliminate the codified reference to including the Downtown Association (Safe Night Lif e
Committee) in the hearing process and amended the definition of a "convenience store" to limit
alcohol sales to beer and wine only . Staff also amended a clerical omission in the title of Sectio n
17 .11 .040 E of the Deemed Approved Ordinance to add "Standards or Conditions of Approval"
in the title .
The Ordinance has been amended per the Council action and is now ready for adoption . The
amended text will become effective 30 days after its adoption .
Council action also included a one-year review of the Deemed Approved Ordinance an d
direction to notify the Downtown Association (Safe Night Life Committee) of the Administrativ e
Hearing in the event of a Deemed Approved Ordinance violation .
Staff will continue to collaborate with the Downtown Association in the Deemed Approve d
Ordinance process as an administrative practice . The Downtown Association will be afforde d
early notice, and ample opportunity to review and meet as a group to provide a recommendatio n
to the appointed hearing officer on all alleged violations associated with the Downtow n
Association . Council action on May 15 th included specific direction to notify the Downtow n
Association of any Deemed Approved Ordinance violation .
ATTACHMENT :
1 : 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 ; 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); and
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 .
Z . 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 .01 0
17 .11 .02 0
17 .11 .03 0
17 .11 .04 0
17 .11 .05 0
17 .11 .010
Title and Scop e
Definition s
Deemed Approved Performance Standard s
Deemed Approved Status Procedur e
Enforcement Procedur e
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 . 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 to
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 ;
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 ;
C5-3
Ordinance No . #### (2012 Series)
ATTACHMENT 1
RITA 101-1 1
Alcohol Outlet Regulations
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 .Th e
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 .
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 .
Ordinance No . #### (2012 Series)
ATTACHMENT 1
RITA 101-1 1
Alcohol Outlet Regulation s
"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 .
17 .11 .030 . Deemed Approved Performance Standard s
A . Title and purpose .The provisions of Chapter 17 .11 .030 shall be known as the
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/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 :
05-5
Ordinance No . #### (2012 Series)
ATTACHMENT 1
RITA 101-1 1
Alcohol Outlet Regulation s
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 ;
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 teeme 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, 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 that
C5-6
Ordinance No . #### (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 Approved
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, or any other intereste d
party that a Deemed Approved Activity is in violation of the performanc e
standards of Section 17 .11 .030 .C . and once it is determined by the city tha t
violations appear to be occurring, then a public hearing will be scheduled befor e
the Administrative Hearing Officer . The purpose of the Administrative publi c
hearing is to receive testimony on whether the operating methods of the Deeme d
Approved Activity are causing undue negative impacts in the surrounding area. A t
the public hearing, the Administrative Hearing Officer shall determine whethe r
the Deemed Approved Activity conforms to the Deemed Approved Performanc e
Standards set forth in Section 17 .11 .030 .C . and to any other applicable criteria, an d
may continue the Deemed Approved Status for the activity in question or require
such changes or impose such reasonable Conditions of Approval as are in th e
judgment of the Administrative Hearing Officer necessary to ensure conformity t o
said criteria and such conditions shall be based on the evidence before the Officer .
The decision of the Administrative Hearing Officer shall be based upo n
information compiled by staff and testimony from the business owner and all othe r
interested parties . New conditions of approval shall be made a part of the Deeme d
Approved Status and the Deemed Approved Activity shall be required to compl y
with these conditions . The determination of the Administrative Hearing Office r
shall become final ten (10) calendar days after the date of decision unless appeale d
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 of the provisions set forth in Sections
17 .11 .010 through 17 .11 .030 of these regulations, the Administrative Hearin g
Officer may hold a public hearing . The purpose of this public hearing is to receiv e
testimony and determine whether violations to Sections 17 .11 .010 through
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 to
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 of
C5-7
Ordinance No . #### (2012 Series)
ATTACHMENT 1
R/TA 101-1 1
Alcohol Outlet Regulation s
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 Procedur e
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 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, at
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 conviction
C5-8
Ordinance No . #### (2012 Series)
ATTACHMENT 1
R/TA 101-1 1
Alcohol Outlet Regulation s
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 :
C5-9
Ordinance No . #### (2012 Series)
RITA 101-1 1
Alcohol Outlet Regulation s
~GBR UA RV 2012
ATTACHMENT 1
ctty of sin LUIS oBispo
zoninq neciulAticn s
TABLE 6 - PARKING REQUIREMENTS BY US E
Type of Use Number of Off-Street Parking Spaces Require d
AGRICULTURE
Crop production and grazing
Greenhouse, commercial
No regii cement
Na requirement
Livestock feed lot As provided in approved use permit
US MANUFACTURING &PR ESSING OLESALING
Bakery, wholesale Same as Manufacturing - Ligh t
Furniture and fixtures manufacturing, cabinet Same as Manufacturing - Light
Industrial research and development
One space per 300 square feet office or laboratory area, plus one space per 500 square feet indoo rassembly or fabrication area, plus one space per 1,500 square feet outdoor work area or indoo r
warehouse area
Laboratory- Medical, an ykcal, research, testing One space per 300 square feet gross floor are a
Laundiy. dry cleaning plant One space per 500 square feet gross floor are a
Manufacturing - Heavy One space per 500 snarl re feet gross floor are a
Manufacturing - Light
One space per 300 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 per 1,500 square feet outdoor manufacturing area
Petroleum product storage and distaliution One space per 300 square feet office areas plus one space per 500 square feet indoor storage are aplus 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 facilities - Collection and precessing facility One space per 500 square feet of gross floor area plus one space per 10,000 square feet outdoo rstorage area, but in no case less than 4 spaces
Recycling facilities -witting yard One space per 500 square feet of gross floor 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 coffee As provided in approved use permi t
Storage - Personal storage facility One space per MO square feet office area and common indoor facilities and one space fo r
every Ave storage units that do not have direct drive-up vehicle access
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 per 1,500 square feet indoor storage are a
W halesafing and distribution One space per 300 square feet office area plus one space per 1,000 square feel indoo r
sales/storage area, plus one space per 2,000 square feet outdoor sales are a
Bed and breakfast inn One per room group of rooms to occupied as a suite, plus two for resident manager's quarter s
Hostel One space per five beds, plus one for manager . When the hostel is part of a residence: one space
per five beds, in addition to two spaces for the residence .
Hotel,. motel One per room or group of rooms to be occupied a suite,plus one for resident manager's quarters,
plus eating/assembly area requirements
Recreational vehicle (RV) park accessory to hotel, motel As provided in approved use permit
51
C5-1 0
Ordinance No . #### (2012 Series )
R/TA 101-1 1
Alcohol Outlet Regulation s
city or sAn Luis oBisp o
moping izk,sf ilLAtions
ATTACHMENT 1
NUM .\ 201 2
TABLE 6 . PARKING REQUIREMENTS BY US E
Type of Use Number of Off-Street parking Spaces Require d
RECREATION.EDUCATION,&PUBLIC ASSEMBLY USES
Bar/tavern One space per 60 square feet of customer use plus one space per 100 square feet of foodpreparationarea
Club,fledge,private meeting hall One space per 30i) square feet office area plus one space per four fitted seats or one space per 4 0
square feet seating area without fixed seats, in the largest assembly room
Commercial recreation facility - Indoor
Bowling alleys
One space per 300 square feet gross floorarea
Two spaces per lane plus one space per four seats spectatodeating area
Commercial recreation facility-Outdoor One space per 500 square feet outdoor use are a
Educational conferences As provided in approved use permit
FibressMealth 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 roomrequirements
Library,branch facility As provided in approved use permit
Night club One space per60 square feet floor or outdoor ground area for customer use, Mc seating and
dancing areas,plus one _.pace per 100 square feet food preparation area
Off-site wine tasting room One space per200 square feet gross floor area
Part,playground One space per 500 square fee t
Public assembly facility One space per four fixed seats or one space per 40 square feet of assembly area without fixed seat s
PeNgieus facility One space per four fixed seats (one space per 40 square feet seating area arthoutfixed seats) in
largest assembly room
School -Boarding school,middle, secondaryelementary,As provided in approved use permit
School -College, university - Campus As provided in approved use pem fi t
School-College, university Satellite claa steam facility One space per 50 square feet per classroom floor area
Scheel - Elementary, middle,seconder.,Two spaces per classroom plus one space per 300 square feet office, assembly or common are a
School - Specialized educator-rimming One space per 50 square feet per clar .mnom floor area
Special event One space per 500 square feet or es p lifted in approved use permit
Sports and active recreation facility One space per 100 square feet of pla surface
Sports and entertainment assembly faciity As provided in approved use pe mil t
Studio-Art, dance,Martial arts, music, etc .One space per 200 square feet gross floor are a
Theater One space per four-seats
Theater-Drive-in No requirement
pACle 5 2
Ordinance No . #### (2012 Series )
R/TA 101-1 1
Alcohol Outlet Regulation s
UM12y 20.12
ATTACHMENT 1
city o1 sail Luls c)t3ISpc
ZOfll1(1 ECiU1Attons
TABLE 6 - PARKING REQUIREMENTS BY US E
Type of Use Number of t1ff-StreetParking Spaces Required
Board ng/rooming house, dormitory One space per t5 occupants or 1.5 spaces per bedroom, whichever is greater
Caretaker quarters Two spaces per dwelling
Convents and monasteries One space per five occupant s
Fraternity, sorority One space per t5 occupants or 1 .5 spaces per bedroom, whichever is greate r
High occupancy res dential use The parking requirement shall be greater o1: 1. The number of space required for dwellings. or 2. One
off-street parking space per adult occupant, less one .
Home occupation See Section 17 .05.090
Live/work units 2 spaces per unit
Mixed-use prcaecf Same as Multi-family dealings
Mobile home park 1 .5 spaces per unit : 1 space to be with unit
Multi-family dwellings
1 per studio apartment, 1-112 for first bedroom plus 112 for each additional bedroom in a unit, plus 1
for each five units in developments of more than free units. Also see parking reduction paragraph s
under 17 .16.050.
Residential care facilities- S or fewer residents Same as Rest home
Residential care facilities- 7 or more residents Same as Rest home
Residentail hospice facility Same as Rest home
Rest borne One space per four beds (adult): one space per five juvenile occupant s
Single family dwellings 2 spaces per dwelling . In the R-1 and CIOS zones, one space must be covered .
Wodulive units 2 spaces per unit
p\r € 5 3
C5-1 2
Ordinance No . #### (2012 Series)
ATTACHMENT 1
R/TA 101-1 1
Alcohol Outlet Regulations
TABLE 6 - PARKING REQUIREMENTS BY US E
Type of Use Number of Off-Street Pat* rig Spaces Require d
RETAIL SALES
Auto and veto Oriole sales and rental One space per 300 square feet office area plus one space per 500 square feet parts sales servic earea, plus one space per 2,000 square feet outdoor sales area
Auto parts sales, with installation One space per 500 square feet gross floor area
Auto parts sales, without rnstakaben One space per 500 square feet grass floor area
Bakery, (eta One space per 200 square feet grass floor area
Building and landscape materials sales,indoor One space per 300 square feet office area plus one space per 500 square feet indoor sales area
plus one space per 2,000 square feet warehouse are a
Building and landscape materials sales, outdoor One space per 300 square feet office area plus one space per 500 square feet indoor sales areaplus one space per 2,000 square feet warehouse or outdoor sales area
construction and heavy equipment sales and ,ant''I One space per 300 square feet office area plus one space per 500 square feet parts sales servic e
area, pktsane space per 2 .000 square feet ()tattoos sales are a
Convenience store Two spaces for employee parking, plus one space per 500 . quare feet of gross floor area and aminimum of five bicycle parking spaces shalt be provided per busines s
attended hour retail Same as speak type Gimle t
Farm supply and feed store One per 500 square feet indoor sa ge area plus one space per 2,000 square feet outdoorsates/storage area.
Fuel dealer (propane, etc)One per 500 square feet indoor salesffitorage area plus one space per 2,000 square feet outdoo rsafes/storage area
Furniture, furnishings, and appliance stores One space per 500 square feet gross floor area
General retail- 2,000 elm less One space per 300 square t gross floor are a
General retail - More than 2,000 sf, up to 15)300 sf One space per 300 square feet gross floor area
General retail- More than 15,000 sf, up to 45,000 sf One space per 300 square feet g rasa km- area
General retail - More than 45,000 sf, up to 50,000 sr A may ileum of one space per 230 square feet gross floor area, with the exception for more spaces i fstructured stele-level parking is use d
General retail Morethan 60,000 at, up to uo.om A meaner.; n tea spss e pe 200 square feet grates floor area,with the exception for more spaces ifstructured met-level pe r kier)s used
Florists and Photofinishing (retail)One space per 500 square feet floor area
Retail sates and repair of bicycles One space per 500 square feet floor area
Groceries, specialty foods One space per 200 square feet gross foot are a
Liquor StorelAloahol Sales One epee per 200 square feet grass floor are a
Mobile home, RV, and boat sales One space per 300 square feet office area plus one space per 500 square feet parts sales servic earea, plus one space per UMsquare feet outdoor sales area
Office-supporting retail, 2,000 sf or less One space per 700 square feet gross floor are a
Office-supporting retail, more than 2,000, up to 5,000 sf One space per 300 square feet gross floor area
Outdoor temporary endless seasonal sales See Section I 7.G3 .020
Produce stand One space per 300 square feet gross flees-are a
Restaurant
One space per 60 sq . ft customer use area including walling se :ding saunter -teener en-as, an ddancingareas,*sow space per 100 sq .ft..food preparation, salsa rig poser panto sstorage, and dishwashing areas.Walls, halls, [esteems, and dead storage areas do net test it aseither customer use or food prsparabon floor are a
Restaurant with late hour alcohol service Same as Restaurant
Service station (see also "vehicle services")one space for attendant booth plus two per service bay plus one space per four fuel pump s
Warehouse stores - 45,000 slat less gfa Minimum one space per 300 square feet gross floor are a
Warehouse stores - more than 45,000 sf gfa A maximum of one space per 200 square feet gross floor area, with the exception for more spaces ifstructured milli-tees ip a rktag re used
',Attie 54
C5-1 3
Ordinance No . #### (2012 Series )
RITA 101-1 1
Alcohol Outlet Regulation s
ccBl2U.i 2x312
ATTACHMENT 1
city o f -an b 1Is OBiSpozonlncq l2cruL don s
TABLE 6 - PARKING REQUIREMENTS BY US E
JE65 PINAfJ (R
Type of Use iAL
P R
Number of Off-Street Parking Spaces Required
ATMs -No requiremen t
Banks and financial services One space per 300 square feet gross floor are a
Bus ness support sen 'ces One space per 300 square feet gross floor area
C va scent hospital
Medical service -Clinic,labotatory,urgentcare
Same as Medical service - Extended car e
Medical, dental, and other health services: one per 200 square feet gross floor area.
Medical ser dice- Doctor office Medical, dental, and other health sere ces : one per 200 square fit gross f oor area.
Medical service-Extended care One space per four beds (adult): one space per five juvenile occupants
Medical service - Hospital One space per bed
Office - Accessory As required for principle us e
Office - Business and service One space per 300 square feet gross floor area
Office - Gavemmen t
Post offices
Offices: one per 300 square feet gross floor area .Meeting roams_ rn~ per four fared leafs or one pe r
40 square feet of seating area without fixed seats .
One space per 300 square feet office, sorting, customer service area plus one space per500 square
feet bulk handlin g
Office - Processing One space per 200 square-feet cross floor area
Office - Production and administrative One space per 300 square feet cross floor area
Office -Profess l Medical dental and other health services: one per 200 square feet gross floor area. Alt others : one
space per 300 square feet gross floor area .
Office - Temporary See Beaton 17.08 .010 C
Photographer, ptzotographe studio One space per 200 square feet gross floor area
}:'vq e.55
C5-1 4
Ordinance No . #### (2012 Series)
ATTACHMENT 1
R/TA 101-1 1
Alcohol Outlet Regulation s
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 :
E 1~12i1 kf:2012
city or sIn Luis csispo
ZomriQ t2E;Qt1L tYI S
TABLE 9 .USES ALLOWED BY ZONE
Permit Rran»nt by Zoning District
Land Use AG Ci95l Ri R3 -D c.R BP
AGRICULTUR E
Crop production and grazing A A D
Greenhouse, commercial PC
Livestock feed lot PC PC
INDUSTRY, MANUFACTURING &PROCESSING, WHOLESALIN G
Bakery. wholesale -A A PC
runslure and natures manutacamng, cabine t
shop D A
tiw estnal research and development PC D D
Laboratory - Medical, analytical, research,
testing PC A A A A
Laundry, dry cleaning plant A A
Manufacturing - Heavy PC PC
Manufachinng - Light D A A
Petroleum product storage and distribution D
Photo and film proce ssing Gab A A
Printing and publishing A A A.
Recycling Eacdities-Collection and processin g
facility p
Recycling faciities-Scrap and dismantling yard D
Recycling facilities -Small collectitrt facity D D D A
Storage- Personal storage facility A A
Storage yard D A
Warehousing, indoor storage A A P C
Whetesakng and distabution A A P C
LODGIN G
Bed and breakfast inn El PC PC A A A
Homeless shelter PC PC A PC PC PC PC PC;PC PC PC 17 01111 0
Hostel PC PC A A A
Hotel, motel A A A PC
Recreational vehicle (RV) park accessory to hotel, motel PC
Vacation Rental I
I t7 22.G
Key:A =Allowed D =Director's Use Permi 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 fellow the tab
!.1ci€ 3 3
C5-1 5
Ordinance No . #### (2012 Series )
R/TA 101-1 1
Alcohol Outlet Regulation s
ciq of sin Luis otusp o
zon nci RecuLAtions
ATTACHMENT 1
EeBiztlA 20)2
TABLE 9 - USES ALLOWED BY ZONE - Continue d
Permit Requirement by Zoning Distric t
R3 1-24 C-D C-R
epecite H e
Ren,11,111,11 .,Land Use C-T
ASSEMBLY USESAiite
Bar/tavem
t t e e
D D D D
Club, lodge, private meeting hall D A D D D
Commercial recreation facility - Indoor PC D D Et D D(12)PC 17.08.060
Commercial recreation facility - Outdoor PC PC
Educational conferences D D 17.08,.010.C.6
Fitness/health Tacitly D A D D PC A A
Golf Course PC
Library, museum PC D D D
Library, branch tacky D D D
Night club D D D Chapter 17.95
Off-site wine tasting room A A A A A A
Part, playground A A A A D D A A A
Public assembly facility PC D D 0 P C
Religious facility PC D 0 0 D A D D D A D(7)D(T)D(7)
School- Boarding school, elementary, middle ,
secondary PC PC
School-College, university campus PC
School - College, university - Satellit e
classroom lac*
School - Elementary', middle, secondary PC PC D PC D
School - Specialted education/training PG ND AID A A A
Special event D D D D D D 17,08 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 A
Theater PC(8 0 D D D Chapter 17 .95
Theater - Drive-in PC PC
_ea__
Boardingtrooming house, domfitory PC D D D Chapter 1720
Caretaker quarters A A A A A A A A A A A A A A A D
Convents and monasteries PC A A
Fraternity, sorority PC
High occupancy residential use D
Herne occupation H H H H H H H H H 17 .0809D
Livetwark units A A A 17 .08 .120
Mixed-use eject A A A A PC 17 .08 .072
Mobile home as temporary residence a t
building site A A A A A A A A
MobNe home park A A A A
Multi-family dwellings A A A A D
Residential care facilities - 6 or fewer residents A A A A A A ND A!D ND D
Residential care factities - 7 or more residents A A A A A D ND ND D
Residential hospice facility PC D PC PC Et
Rest home A A A A A D ND D
Single-family dwellings A A A(2)A A A A D 4
Secondary dwelling units A A A A Chapter 17.2 1
Worldlive units D D 17118120
Key:Ai= Allowed D = Director's Use Permit approval requiMd PC = Planting Commission Use arm approval requir e
ND Director's approval on ground 'floor, allowed on second finer or above = Home Occupation Permit require d
Note:Footnotes affecting specific land uses follow the tattle .
84
I USES
C5-1 6
Ordinance No . #### (2012 Series )
RITA 101-1 1
Alcohol Outlet Regulation s
f-EB12L1df2y 2012
ATTACHMENT 1
City Of S.1t1 LUIS OBIS l O
Z Miff()t2EA.it rltrlol1S
TABLE 9 - USES ALLOWED BY ZONE Continued
Land Use A 114 C (1)C-7 F
Spectra
tC ::ru'agien s
Permit Requirement by Zoning Distric t
RETAIL SALES
Auto and vehicle sales and rental D A PC
Auto parts sales, with installation D(5)A A
Aukr parts safes, without rnslalalion A D A A A
Bakery, retail A A A A A D D
Building and landscape materials sales, indoor A A A A A
Build'and landscape materials sakes, outoar D D A A A
Construction and heavy equipment sales an d
rental D D
Convenience store D D D A A A A A D D D 17-08 .005
Extended hour netat D D D D D D D D
Farm supply and feed store PC A A
Fuel dealer (propane ., etc)D A
Furniture, 1urnivhings, and appliance stores A ..A A A
General retail - 2,1)60 et or less A(3)A A.A A
General retail - More than 2,000 sf, up to
15,000 sf Lu(3)D A A
General retail - More than 15,000 sf, up t o
45,000. sf 0 A A D
tianeral retail - More than 45,000 sf, up to
60,000 sf D A A
General retail - More than 60,000 sf, up t o
140.00Osf PC PC PC
Groceries, specialty foods A(10)A A A PC
Liquor StoreLAloohel Sales D D D D PC 17 .1 1
Mobile home, RV. and boat sales A PC
Office-nnrpperting relof, 2,000 sf or less A A A A A D
Office-sr airing rata t, f 1~ce:than 2,000, up to
5,000sf D D A A D
Outdoor ter g ovary ara~/or seasonal sales See Section 17 .08 020 f 7.06020
Produce stand D D A A A A
Restaurant A A A A A D D
Restaurant with late hour alcohol service D D D D D D D 17 .11 & 17.100.R.
Outdoor BBOIGrilf, accessory to restaurant D D D D D D D
Service station (see also °vehicle services")D D D D A 17 .08.030
Vending machine See Section 17 .08.050 17.08.050
Warehouse stores -45,000sforless gfa i)D D
Warehouse stores -more than 45,000 sfgfa PC PC PC
Key:A Allowed F = 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 tend uses follow the tab
C5-1 7
Ordinance No . #### (2012 Series)
ATTACHMENT 1
R/TA 101-1 1
Alcohol Outlet Regulations
pi‘C)i .S 5
city of sax) tuis oBispo .
zonw ncci uLvtlons 170MM Any 2012
TABLE 9 - USES ALLOWED BY ZONE - Continue d
Permit Requirement hy Zoning Di stric i
Land Use A G'OSI R R3 R4 p o
.AA—
i A.
._
ATMs A A A A A A A A A
Banks and financial services A A A A D(4)D(4)D
Business support services A A AID A A A A
Medical service - Clinic, laboratory, urgent care D A D(lt)D(ll )
Medical sereice - Doctor office A ND ND A DO 1)D(11 )
Medical service- Extended care PC PC D PC PC
Medical service - Hospital PC PC
Convalescent hospital PC
Office - Accessory A A A A A A A
Office - Business and service A A A1D A D (4)D(4)D
Office - Govemment PC A A PC
Office - Processing D D D(4)D(4-)A
Office - Production and administrative A AtD ND A D(4)D(4)A
Office - Profiessional A ND A/D A
Office - Temporary See Section 1 7.DBDIO .0
Photographer, photographic studio I
I
I
I
A AID A PC AI
I
Cateriig service D D A A A
Cemetery, mausoleum, eolumimriurri PC PC PC PC PC PC
Copying and Quick Printer Sereke A A A A A A A A
D . care - Day care center (child/wiled)D(9)DM D9 D(9)9)A A A ND A D(9)D9)D9)D 1718 10 0
Day care - Farrdy day care home (sreallffarge)A A A A A A A A A A A A 17 .08 10 3
Equipment rental A A D
Reed bank/packaged food disinbulien center D
Maintenance service, client site services A A PC
Mortuary, funeral home 13 A
Personal services A A A A D A D
Personal services - Restricte d
Public safety facilities PC PC
Public ritity facilities PC A A 17 .08.1)89
Repair service- Equipment lunge appliances ,
etc .A A ID
Residential Support Services A A A A
Social service organization D A A A A D
Vehicle services - Repair and maintenance -
Major A A D
Vehicle services - Repair and maintenance -
Minor PC A A D
Vehicle services - Carwash D PC D D
Veterinary cfiniclhospital, boarding, large animal PC D D
Veterinary clinicihospital, boarding, smal l
animal, indoor D D A A A
Veterinary chnidhospdal i boarding, smallanimal, outdoor
A= Allowed D = Director's Use Permit ap)xovzd required PC = Planning Commission Use Permit . approval rogue
ArB = Director's approval on ground floor, allowed on second floor or abov e
Note :Footnotes affecting specific land uses follow the table .
Key:
C5-1 8
ATTACHMENT 1Ordinance No . #### (2012 Series)
R/TA 101-1 1
Alcohol Outlet Regulation s
gEBRUARY 2012
city o f. sNrl It tt 9 }o
zoning Re s.-UL tI01t s
TABLE 9 - USES ALLOWED BY ZONE - Continue d
Pemilt Requirement by Zoning Distric t
Land U Acs I C(OS a PF 1 C-r M BP
TRANSPORTATION &COMMUNICATION S
Airport PC PC PC C
Ambulance, taxi, andfor limousine dispatch
tacitly A D D
Antennas and telecommunications facilities D D D D Q D D D .D D D 97.16:1,20
Media Production - Broadcast studio A AID A A A A
Media Production - Backlotsloutdoor facilitie s
and soundstages D D D
Heliport PC PC PC
Parking facility PC(6)PC(61,PC(6i D(6)D(6)D(6 )
Parking facility- Multi-level PC(6)PC(6)PC(6;PC(6)PG:(6)PC(6 )
Parking facility - Temporary PC D D D D D D D D 1761010
Railroad facilities D A
Transit station or terminal PC PC .PG D A
Transit stop A A A A A A A A
Truck o€ freight terminal A A 0
Water and wastewater treatment plants and
services PC PC
Key:A = Mowed D =Director's Use Permit approval required PC =Planning Commission Use Permitapproval require d
ND =Director's approval on ground floor, allowed on second floor or above
Note:Footnotes affecting specific land uses follow the table .
087
C5-1 9
Ordinance No . #### (2012 Series)
ATTACHMENT 1
R/TA 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 t o
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, containing
conveniences for cooking an assortment of foods which may be required for suc h
meals .
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 .
C5-20
Ordinance No . #### (2012 Series)
ATTACHMENT 1
RITA 101-1 1
Alcohol Outlet Regulation s
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 final
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 b y
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 Clerk
APPROVED AS TO FORM :
/s/ J . Christine Dietric k
Christine Dietrick, City Attorney
C5-21
Page intentionally lef t
blank .