HomeMy WebLinkAbout05-15-2012 ph1 alcohol outlet regcounci lj aGenda nepout 5/15/1 2
Item Number
PH I
Meeting Date
C I T Y O F SAN LUIS OB I S P O
FROM :
Derek Johnson, Community Development Directo r
Prepared By :Doug Davidson, Deputy Community Development Directo r
Brian Leveille, Associate Planne r
SUBJECT :REVIEW OF ALCOHOL OUTLET STRATEGIES – ENHANCED ZONIN G
REGULATIONS TO IMPROVE PUBLIC SAFETY (R/TA 101-11 )
RECOMMENDATIO N
As recommended by the Planning Commission, introduce by title only an ordinance to adop t
amendments to the City's Zoning Regulations (Municipal Code Title 17) to address public safet y
problems associated with alcohol outlets .
REPORT-IN-BRIEF
For the past two years, staff has collected information and developed strategies to reduce publi c
safety problems and negative impacts associated with alcohol outlets . In October 2009, staff
presented a study to the Council that correlated police-related incidents with alcohol outlets ,
along with several recommendations . The study, conducted by CLEW Associates, utilized a too l
called Alcohol/Drug Sensitive Information Planning System in a Geographic Informatio n
System, or ASIPS/GIS . Staff received direction from the City Council to explore a range o f
strategies, improve local regulation, and engage a wide variety of stakeholders in the process .
On November 16, 2010, staff provided an update to the Council on progress made in explorin g
these strategies and initiated a Nightlife Public Safety Assessment . The Nightlife Public Safety
Assessment report was presented to Council in November 2011 . Council direction was to brin g
forth amendments to the Zoning Regulations to reduce public safety problems associated wit h
alcohol outlets . Recommended amendments for this project include :
1.Revising the zoning definition of a restaurant ,
2.Creating a new restaurant zoning definition (late hour alcohol service),
3.Creating a zoning definition for liquor stores ,
4.Requiring an Administrative Use Permit for restaurants with late hour alcohol servic e
and liquor stores ,
5 Developing a deemed approved ordinance for existing alcohol outlets .
DISCUSSION
Background
On October 20, 2009, Dr . Wittman (CLEW Associates) and City staff presented the Counci l
results of a report on alcohol-involved police events related to alcohol outlets . The Counci l
directed staff to collaborate with stakeholders and explore the following strategies to reduc e
public safety problems :
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Develop appropriate definitions of "restaurants" to address morphing concerns .
Require Conditional Use Permits for all alcohol outlets .
Develop and require standard conditions for outlet performance .
Improve communication with permit holders & applicants .
Adopt a "Deemed Approved" Ordinance .
Engage permit holders to increase compliance with use permit conditions .
Levy an alcohol outlet fee to offset costs of additional oversight & training .
Address alcohol outlets in long range planning .
The Council directed staff to explore the concept of a Hospitality Zone in addition to th e
strategies mentioned above .
Council Updat e
On November 16, 2010, staff provided an update to the Council on progress made in explorin g
these strategies . The Council reiterated its desire to enhance regulation of alcohol outlets, a s
suggested in the ASIPS/GIS study, while at the same time stressing the importance o f
collaborating with stakeholders, especially the Downtown Association, downtown busines s
owners, and neighborhood associations . In order to comply with Council direction to engage a
wide range of stakeholders, the City underwent a Nightlife Public Safety Assessment .
Nightlife Public Safety Assessmen t
The Nightlife Public Safety Assessment brought together a wide variety of stakeholders t o
identify issues and impacts associated with alcohol outlets from different perspectives .
Approximately 60 representatives from various businesses and organizations participatedin th e
process, which included a two-hour orientation session and four separate "roundtable "
discussions organized by perspective - Community, Hospitality, Safety and Development .
Outcome of Nightlife Public Safety Assessment – Safe Night Life Associatio n
The final Nightlife Assessment report was presented to Council on November 15, 2011 . As a
follow-up to the Nightlife Assessment report and stakeholder engagement process several of the
bar, nightclub, and restaurant owners/operators formed the Safe Night Life Association (formerl y
the Restaurant and Bar Owners Association). They have implemented or plan to implement, th e
following programs :
1.SLO Safe Ride :A late-night transportation service to take downtown patrons to thei r
neighborhoods .
2.Downtown Clean-Up :A downtown clean-up service to keep the downtown clean afte r
late-night use .
3.ABC LEAD (Licensee Education on Alcohol and Drugs) Training :An educationa l
program for employees put on by the ABC that provides practical information o n
responsible serving practices .
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4.
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6.
7 .
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4."One 86-All 86" Plan :An information sharing plan to bar patrons who have bee n
ejected from one downtown bar from all downtown bars .
5.Patron Responsibility :A marketing program focused on personal responsibility an d
safety for patrons .
Planning Commission Revie w
The Planning Commission reviewed the proposed zoning amendments on April 25, 2012 an d
unanimously (6 :0) recommended approval to the Council . Commission discussion focused on
the intent and process of the Deemed Approved Ordinance . Two members of the public spoke i n
support of the process and new regulations . The Planning Commission had several minor edit s
which have been incorporated into the draft Ordinance (Attachment 6).
Evaluation of Alcohol Related Incident Dat a
Alcohol outlets present documented health and safety issues for neighborhoods an d
communities . Research has shown that the number, density, location, and operational practice s
of alcohol outlets affects levels of community violence, drinking-driving incidents, injuries ,
underage drinking, and public nuisance activities . Having large numbers of bars concentrated i n
a small geographic area is likely to cause disruption, particularly in a college town where alcoho l
outlets may promote heavy drinking . According to Alcoholic Beverage Control (ABC),
downtown San Luis Obispo is "over concentrated"with its number of existing licenses . Thi s
means that there are more alcohol outlets per capita in San Luis Obispo than what ABC woul d
deem appropriate based on its criteria . In these cases, the City is permitted to request and AB C
will generally impose special conditions to the ABC license to address the adverse impacts o f
over concentration.
In 2008, according to the ASIPS study, 23% of police events in the City involved alcohol and, o f
those events resulting in arrests, about 50% were for alcohol offenses . Approximately 60% o f
alcohol events and almost half of the arrests occurred between 10 :00 PM to 2 :00 AM . About
65% of arrests made in the downtown were alcohol-related and nine of the top ten alcohol outlet s
generating police eventslarrests are in the downtown ,
Solutions
The link between alcohol outlets and community safety problems has prompted loca l
governments to regulate outlets' numbers, locations, and practices . The ABC regulates the
manufacture, sale, purchase, and transportation of alcohol . Cities may, however, provide further
control on the sale of alcohol to address public safety concerns through land use, zoning,and
public safety ordinances . The City Council has directed staff to enhance local regulations o f
alcohol outlets . One of the methods to explore was requiring use permits for all new alcoho l
outlets . Another method proposed is strengthening definitions of alcohol related uses in th e
zoning code . Lastly, existing alcohol outlets will be regulated via a "deemed approved ordinance .
Each of these solutions are outlined below .
Use Permits for Alcohol Outlet s
Currently, the City's Zoning Regulations require an administrative use permit for bar/taverns ,
nightclubs, and for the concurrent sales of motor fuel and alcoholic beverages . Over the las t
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Council Agenda Report – Alcohol Outlet Strategies (RIER 101-11 )
May 15, 2012 Page4
several years in reviewing use permits, the Police and Community Development Department s
have developed a good set of standard conditions for bars and nightclubs . Special conditions ar e
added depending on the particular site, location, and business operation . New and/or enhance d
conditions of approval have been developed in conjunction with preparing zoning ordinanc e
amendments and applied to several recent nightclub use permits (Attachment 1).
Restaurants that serve alcohol are not subject to the use permit requirement in the Downtow n
Commercial Zone . It is proposed to define Restaurants in the Zoning Regulations as primarily
food-serving establishments with accessory alcohol service and limits on the hours of operation .
Full service restaurants would remain an allowed use (no use permit required)in the Downtow n
and Commercial Zones, without a higher level of review,in conjunction with creating a new land
use definition (discussed below)in the Zoning Regulations to address the "morphing" issue . The
new land use definition - restaurants with late hour alcohol service - would be subject to a n
administrative use permit since they have the potential to function more like bars .
Liquor stores are not separately defined in the Zoning Regulations, but are grouped with grocer y
stores in the Land Use Table . Staff is recommending that new liquor stores be defined distinc t
from grocery stores and be required to obtain an administrative use permit . Grocery store s
would continue to be an allowed use in commercial retail zones without a use permit .
Zoning Definitions for Future Alcohol Outlet s
Restaurants and Bar s
The existing zoning definition of a restaurant is as follows :
A retail business selling ready-to-eat food for on or off-premise consumption . These
include eating establishments where customers are served from a walk-up orderin g
counter for either on or off-premise consumption, establishments where most customer s
are served food at tables for on premise consumption, but may also provide food fo r
take-out, and establishments that provide food for off-premise consumption only .
Includes coffee houses, donut shops,delicatessens, etc . Does not include restaurant s
with drive-through ordering or service (17.100.R).
The existing zoning definition of a bar/tavern is as follows :
A business where alcoholic beverages are sold for on-site consumption, which is not par t
of a larger restaurant. Includes bars, taverns, pubs,and similar establishments wher e
any food service is subordinate to the sale of alcoholic beverages . May also include bee r
brewing as part of a microbrewery, and other beverage tasting facilities . Does no t
include adult entertainment businesses (17 .100.B).
There is not a clear distinction between these two definitions and land uses ; in fact, there i s
substantial overlap between the two as a restaurant transforms into a bar during late night hours .
This late night transformation from restaurant to night club or bar is known as "morphing"and i s
a common phenomenon in downtown San Luis Obispo .While the characteristics and impacts o f
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restaurants that maintain food service as their primary business throughout their hours o f
operation and restaurants that "morph" into bars or nightclubs late night are quite different, an y
restaurant that serves alcohol is typically defined as a restaurant under current regulations and, a s
such, is not subject to use permit review . Restaurants, including those with alcohol sales as a
central part of their late night operations, are allowed uses in the downtown and mos t
commercial zones .
Many ideas were discussed during the public outreach program to address the morphing issue .
One idea that some other cities use is the so-called "50/50 rule";if more that 50% of the gros s
receipts of the business are alcohol related, then the use fits the definition of a bar . Likewise, i f
more than 50% of the gross receipts are devoted to food service, then the business meets th e
definition of a restaurant . Staff had concerns with implementation of this provision at the outse t
and, during public outreach, stakeholders surfaced another issue with the 50/50 rule that coul d
have unintended consequences .
From staff's perspective, enforcing the 50/50 provision is not practical . Gross receipts are no t
readily or quickly available, business owners are reluctant to share this information, and ongoin g
monitoring and compliance audits are resource intensive endeavors at a time when resources ,
both human and financial, are increasingly strained . Furthermore, while there may be som e
correlation between percentage of gross alcohol receipts and problem outlets, the receipts onl y
peripherally represent more central concerns . It is staff's recommendation that the problem i s
better addressed directly through regulation that defines and regulates conduct and performanc e
standards of outlets, rather than relying on arguably arbitrary numeric thresholds . Examples o f
such regulation include limitations on hours of operation and consistent enforcement o f
occupancy limits . The restaurant and bar owners also were very concerned about this regulator y
approach . They confirmed that alcohol plays a larger role in the bottom line than may b e
expected, and that most, if not all, of the City's restaurants would not meet the 50/50 test . Other
ratios such as 60/40 or 70/30 were discussed, but would still be labor intensive and impractical t o
monitor and enforce .
Staff and the public explored another 50/50 test - floor area . Under this approach, a busines s
would be defined as a bar if more than 50 % of the floor area is primarily devoted to servin g
alcohol . Likewise, if more than 50% of the floor area is reserved for dining, the business woul d
be defined as a restaurant. This definition also fails to get at the problem . The activities o f
drinking and eating are not space bound . Food is commonly served at the bar and, after dinin g
service is stopped, the seating area often fills with patrons who simply imbibe alcoholi c
beverages or is cleared for dancing and live entertainment .
Staff also looked to the ABC provisions for guidance in defining the characteristics of bars an d
restaurants . Under the ABC regulations, to operate as a "bona fide"restaurant, establishment s
must "maintain suitable kitchen facilities and making substantial sales of meals for consumptio n
on the premises ."Staff has recommended revising the existing restaurant to be consistent wit h
ABC, however, the terms "suitable"and "bona fide"do not adequately define restaurant use a s
distinct from a bar use . The additional language to the existing restaurant definition provides fo r
more consistency with ABC provisions, but continues to allow restaurants to operate without th e
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Council Agenda Report – Alcohol Outlet Strategies CRIER 101-11 )
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need for use permits and avoids confusion arising from distinctions between ABC licensin g
definitions and zoning provisions .
To address the morphing issue, staff is proposing a new land use definition – Restaurants Wit h
Late Hour Alcohol Service – instead of trying to refine distinct definitions for bars an d
restaurants . The ASIPS study and Police reports confirm that the public safety problem s
associated with alcohol increase substantially as the night gets later . The selection of 11 :00 p .m .
was made because this is the time during the evenings when law enforcement begins t o
encounter alcohol issues . New restaurants that wish to offer late night alcohol service, alon g
with bars and nightclubs, would require use permits . Existing restaurants serving alcoho l
beyond 11 :00 pm would be existing-non conforming, subject to the performance standards foun d
in the proposed deemed approved ordinance .
Liquor Store s
Staff recommends the following definition of a liquor store :
Any business selling alcoholic beverages as a primary use including beer, wine, distille d
spirits, or hard liquor, or any other alcoholic beverages . Liquor Store/Alcohol Sale s
does not include grocery stores, convenience stores, warehouse stores, or other alcoho l
sales authorized as part of an off-site wine tasting room or food and beverage product
manufacturing .
The definition is simple, similar to other jurisdictions, and clarifies that it applies when the sal e
of liquor is the primary activity . Accessory sale of liquor in conjunction with grocery an d
convenience stores would not be subject to the new definition . However, requiring a use permi t
for new liquor stores meets the Council's objective of enhancing alcohol regulation in a manne r
calculated to give the City more effective local tools to address problem outlets .
A land use definition has been added for grocery stores and parking tables have been updated for
grocery stores, liquor stores, and restaurants with late hour alcohol service . Proposed ne w
language in the Zoning Regulations (Definitions) is underlined and proposed deleted language i s
shown in strikethrough . New language added to Table 6 (Parking Requirements by Use) an d
Table 9 (Uses Allowed by Zone) is shown italicized and shaded . These changes are contained in
Attachment 2 .
Deemed Approved Ordinance for existing outlet s
Alcohol outlets that were in operation prior to adoption of new zoning regulations would b e
considered legal nonconforming uses,or "grandfathered" businesses, not subject to new land us e
definitions or use permit requirements . In order to regulate nuisance and criminal activity at pre -
existing outlets, Council directed staff to bring back a "Deemed Approved" Ordinance for
consideration . Such an ordinance would establish that the sale of alcoholic beverages is deeme d
an approved activity for existing businesses not subject to current use permit requirements, a s
long as the outlet complies with general performance standards associated with the deeme d
approved status .These performance standards differ from use permit conditions in that they ar e
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general in nature, apply to all pre-existing outlets equally, and focus on nuisance and crimina l
behavior associated with the operation of the outlet . The City of Oakland enacted a Deeme d
Approved Ordinance for alcohol outlets that has been upheld by California Court of Appeals an d
is now a model ordinance for California cities . The purposes of the Deemed Approve d
Ordinance are :
A.To protect residential, commercial, industrial, and civic areas and minimize th e
adverse impacts of nonconforming and incompatible uses ;
B.To provide opportunities for alcohol outlets to operate in a mutually beneficia l
relationship to each other and to other commercial and civic services ;
C.To provide mechanisms to address problems often associated with the publi c
consumption of alcoholic beverages, such as litter, loitering, graffiti, unruly behavio r
and escalated noise levels ;
D.To provide that alcohol outlets are not the source of undue public nuisances in th e
community ;
E To provide for properly maintained alcohol outlets establishments so that negativ e
impacts generated by these activities are not harmful to the surrounding environmen t
in any way ;
F . To monitor that deemed approved activities do not substantially change in mode o r
character of operation .
The deemed approved performance standards contained in the Oakland ordinance require that th e
sale of liquor at a pre-existing outlet does not :
1.Result in adverse effects to the health, peace, and safety of persons residing o r
working in the surrounding areas ;
2.Jeopardize or endanger the public health or safety or persons working in or residing i n
the surrounding area ;
3.Result in repeated nuisance activities within the premises or close proximity of th e
premises, including but not limited to illegal drug activity, public drunkenness ,
drinking in public, harassment of passersby, gambling, prostitution, the sale of stole n
goods, public urination, thefts, assaults, littering, loitering, police detentions, arrests ;
4.Violate any city, state, or federal regulation, ordinance, or statute ; or
5.Have upkeep or operating characteristics that are incompatible with the surroundin g
area or adversely affect the liability or(?) appropriate development of abuttin g
properties .
If a pre-existing outlet is operating lawfully and in a responsible manner with appropriat e
policies and self-regulation, the outlet will not become the focus of a deemed approve d
enforcement action. It will be business as usual . If provisions of the Deemed Approve d
Ordinance are violated, the process would start with a meeting before the Downtown Associatio n
or its successor agency.
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The peer review would inform the next step of the process at the administrative hearing . The
Hearing Officer would then consider the recommendations of the Downtown Association, revie w
the issues, and possibly impose conditions on the continued operation of a business deemed to b e
operating in violation of the performance standards . The Hearing Officer's decision would b e
final unless appealed to the Planning Commission . The Planning Commission decision woul d
also be final unless appealed to the City Council . Repeated violations could result in revoking
the deemed approved status . Violations of the Deemed Approved Ordinance are considered a
public nuisance and may be abated by the City .
PUBLIC OUTREAC H
Community Development and Police staff conducted an extensive outreach program a s
summarized in the following chart :
Public Outreach Efforts — Alcohol Outlet Public Safety Strategies
Interest Groups
_J Date
Chamber of Commerce Issues Evaluation Committee November 10, 201 1
Neighborhood Services Team Public Meeting January 18,201 2
Downtown Association Economic Activities Committee January 19,201 2
Student Community Liaison Committee January 19,201 2
Safe Night Life Association January 24,201 2
Save Our Downtown February 6,201 2
Downtown ABC Licensees Forum February 13, 201 2
Safe Night Life Association March 20, 201 2
Residents for Quality Neighborhoods (RQN) Board March 21, 201 2
Old Town/Downtown Residents Public Forum April 5, 201 2
Downtown Association Board May 14, 2012
All these interest groups provided valuable input. Suggestions from the public interest group s
were specifically included in the proposed ordinance revisions . The Chamber and Downtown
Association provided input from the perspectives of City and downtown businesses . The
discussions with the Safe Night Life Association were particularly important since they are th e
businesses subject to the new regulations . The Downtown Association Board is expected t o
provide a "red file" to Council after their meeting on May 14 th
The SNL came up with the idea to start the deemed approved ordinance violation process with a
meeting of their group prior to the administrative hearing . At the Planning Commission hearing ,
the group was switched to the Downtown Association or successive organization . The group's
input and recommendations will be taken into account and inform the Hearing Officer's decision .
A member of Save Our Downtown suggested a new restaurant definition similar to staff's to
address the morphing issue . The Old Town/Downtown residents provided examples of alcohol -
related problems in and around the downtown . The residents at the Senior Center Foru m
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appreciated the new regulations, but also expressed that more needs to be done to protect publi c
safety and that these problems will always be a concern in a college town .
CONCURRENCE S
The Police Department has assisted in preparation of the zoning amendments and participated i n
the public outreach efforts . The recommendations of the City Attorney have been incorporate d
into the proposed ordinance changes .
ENVIRONMENTAL REVIEW
The project is exempt from the California Environmental Quality Act under the General Rul e
(Section 15061(b)(3) since there is no possibility that the activities in question could have a
significant effect on the environment . The proposed alcohol outlet regulations are policy-relate d
and have no impact on the physical environment .
FISCAL IMPAC T
When the General Plan was prepared, it was accompanied by a fiscal impact analysis, whic h
found that overall the General Plan was fiscally balanced . Accordingly, since the proposed
amendments are consistent with the General Plan, it has a neutral fiscal impact . Enforcement o f
these new provisions appears to be within the scope of existing staff resources. If enforcement
becomes a concern in terms of the resource availability staff will inform the City Council .
ALTERNATIVE S
1 . Continue the item . An action to continue the item should include a detailed list of additiona l
information or project modifications required .
ATTACHMENT S
Attachment 1 : Examples of New Standard Conditions for Alcohol . Use Permit s
Attachment 2 : Text Amendments — Zoning Definitions/Tables (Legislative Draft )
Attachment 3 : Text Amendments — Deemed Approved Ordinance (Legislative Draft )
Attachment 4 : Planning Commission Resolutio n
Attachment 5 : Draft Planning Commission Minute s
Attachment 6 : Draft Ordinance with Text Amendment s
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ATTACHMENT 1
Examples of Use Permit Condition s
Alcohol Outlets (Bars/Nightclubs/Restaurants with Late Hour Alcohol Service )
Standard Condition s
Entertainment shall be located in the area specified on floor plans stamped with Communit y
Development Department approval . Entertainment shall be limited to the types o f
entertainment indicated in the project description .
2.Live and/or amplified entertainment, above the level that meets the City's definition o f
ambient, shall not be performed outside the hours of 9 :00 p .m . to 12 :00 a .m ., and limited t o
certain nights of the week .
3.The applicant shall make reasonable efforts to minimize the potential for adverse noise an d
crowd impacts on adjacent establishments, including, but not limited to, ensuring tha t
windows and doors are closed during entertainment .
4.This use permit includes approval of wine and beer sales for on-site consumption only . The
sale of other liquors shall require an amendment to this use permit .
The proposed wine and beer bar shall not remain open later than 11 :00 pm Sunday throug h
Thursday and 12 :00 am (midnight) Friday and Saturday .
The proposed use shall operate in conformance with the City Noise Ordinance at all times .
7 . Upon a significant change to the business model as represented in the applicant's proposal ,
the use permit shall be reviewed by the Community Development Director for complianc e
with conditions of approval or to determine whether a modification to the use permit i s
necessary .
New or Enhanced Condition s
To address complaints and minimize the need for police response to minor issues, th e
applicant shall have a manager on premises at all times when entertainment is performed an d
shall be available to be contacted by a City representative and/or adjacent property owner o r
tenant.
2.The applicant shall be responsible for on-going security/safety training to accommodat e
changes in personnel .
3.The site shall be maintained in a neat and orderly manner at all times . The applicant shall b e
responsible for managing outdoor crowds and queuing as a result of this use . An orderly lin e
of patrons awaiting entry that does not block public access on, or use of, the sidewalk o r
street shall be maintained.
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ATTACHMENT 1
4 . The applicant shall maintain and operate a video recording system that records activity at al l
entrances and exits during all business hours . The video shall be of a quality suitable fo r
later identification of customers and staff . It will be recorded in a manner that may b e
retrieved and provided to police immediately upon demand . Video data shall be retained for
a minimum of 72 hours .
Business shall be conducted in a manner that will not violate any provisions of the Californi a
Alcoholic Beverage Control Act, providing against the sale of alcohol to minors (§25658 )
maintaining the public health, morals, convenience, and safety (§25601); and takin g
reasonable steps to correct any objectionable conditions on the premises and immediatel y
adjacent to the premises (§24200).
6.This permit is strictly limited to allow only the occupant load for the premises as is approve d
by the City of San Luis Obispo Fire Department . Occupant loads approved by the City o f
San Luis Obispo Fire Department shall be posted at all times .
7.The applicant is responsible at all times for verifying the legal age of patrons, monitoring th e
behavior of patrons, and taking appropriate actions to deter conduct that may threaten th e
health, safety or welfare of patrons or property ..
8.The applicant shall ensure that no patron exhibiting observable signs or behaviors consistent
with intoxication is furnished with alcohol and that bar policies shall reserve the right of th e
establishment to deny alcohol service to any patron .
9.No individual under 21 years of age, or without proper identification, shall be served or sol d
alcohol .
10.No alcoholic beverages shall be consumed on any property adjacent to the licensed premise s
under the control of the licensee(s).
11.All employees shall attend ABC LEAD Training or equivalent training .
12.This use permit shall be reviewed by the Administrative Hearing Officer if any complaint s
about noise, litter, traffic problems, disturbances, damage to property, injuries to persons ,
failure to cooperate with peace officers under circumstances related to the operation of thi s
business, or incidents involving significant physical altercations or threats to public safety, o r
reasonable written complaint is received from any citizen or from the Police Department o r
upon receipt of evidence that the use is not in compliance with conditions of approval and th e
Municipal Code . At the time of the use permit review, to insure on-going compatibilit y
between uses on the project site, conditions of approval may be added, deleted, or modifie d
or the use permit may be revoked . The Hearing Officer may refer the complaint to th e
Planning Commission at his/her discretion .
T:\Council Agenda Reports\2012\2012-05-15\Alcohol Outlet Regulations (Johnson-Davidson)\Attachment 1 (Standard Conditions).docx
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city of san Luis ornspa
zoning tzequl.ations
Attachment 2 .
ceBRUany 2012
comics, stamps ,
book s
cameras and photographic supplie s
clothing and accessorie s
collectibles (cards, coins ,
etc .)
department store s
drug and discount store s
dry good s
fabrics and sewing supplies
instruments, parts and accessorie s
orthopedic supplie s
religious good s
small wares
specialty shop s
sporting goods and equipmen t
stationery
toys and games
variety store
Golf Course .Golf courses, and accessory facilities and uses including: clubhouse s
with bar and restaurant, locker and shower facilities ; driving ranges ;"pro shops" fo r
on-site sales of golfing equipment ; and golf cart storage and sales facilities .
Grazing ."Grazing" means the keeping of hoofed animals where food grown on th e
premises is the principal food of the livestock . (Ord . 941 -1 (part), 1982 : prior code -
9204 .11 (part))
Grocery Store and Specialty Foods .A retail business where the majority of th e
floor area open to the public is occupiedbyfood products packaged for preparatio n
and off-site consumption .
Gross floor area ."Gross floor area" means the total area enclosed within a building ,
including closets, stairways, and utility and mechanical rooms, measured from th e
interior face of the walls . (Ord . 941 - 1 (part), 1982 : prior code - 9204 .11 (part))
Guest House .A separate "accessory structure", that is designed, occupied, or
intended for occupancy as sleeping and bathing quarters only, that does not contain a
kitchen, and is intended to be used in conjunction with a primary residence tha t
contains a kitchen . A guest house shall be no larger than 450 square feet .
H . Definitions, "H ."
Hedge .A barrier or boundary formed by a dense row of shrubs or low trees .
Heliport .A designated, marked area on the ground or the top of a structure wher e
helicopters may land at any time .
High Occupancy Residential Use .A "High Occupancy Residential Use" is an y
dwelling other than a residential care facility as defined in section 17 .04 .340 of thi s
code, in the R-1 or R-2 zones when the occupancy of the dwelling consists of six o r
more adults . (Ord. 1154 -1 Ex . A (part), 1989 )
Home Occupation .The conduct of a business within a dwelling unit or residentia l
site, employing only the occupants of the dwelling, with the business activity bein g
subordinate to the residential use of the property.
Homeless Shelter .A church, public building, or quasi-public facility that provide s
emergency or temporary shelter for more than thirty (31) days in any six mont h
period to homeless individuals and/or groups . These accommodations may includ e
paGE 238 PHI :'l2
city of san Luis oBisp o
zonrnc reculations
Attachment 2
ceBRUany 201 2
Libraries and Museums .Public or quasi-public facilities, examples of which include :
aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic site s
and exhibits, libraries, museums, planetariums, and zoos . May also includ e
accessory retail uses such as a gift/book shop, restaurant, etc .
Live/Work Unit, Work/Live Unit .An integrated housing unit and working space ,
occupied and utilized by a single household in a structure, either single-family o r
multi-family, that has been designed or structurally modified to accommodate join t
residential occupancy and work activity, and which includes :
1.Complete kitchen space and sanitary facilities in compliance with the City buildin g
code; an d
2.Working space reserved for and regularly used by one or more occupants of th e
unit.
The difference between live/work and work/live units is that the "work" component o f
a live/work unit is secondary to its residential use, and may include only commercia l
activities and pursuits that are compatible with the character of a quiet residentia l
environment, while the work component of a work/live unit is the primary use, t o
which the residential component is secondary .
Liquor Store/Alcohol Sales .Any business sellinq alcoholic beverages as a primar yuse 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 authorizedaspart of an off-site wine tastin q
room orfood and beverage product manufacturing .
Lot ."Lot" means :
A.A parcel of real property with a distinct designation delineated on an approve d
survey map, tract map, or parcel map filed in the Office of the County Recorde r
and abutting at least one public street ; o r
B.A parcel of real property containing at least the area required for the zone distric t
in which it is located, abutting at least one public street or other access approved
by the council, and held under separate ownership from adjoining property . (Ord .
941 - 1 (part), 1982 : prior code - 9204 .11 (part))
M .Definitions, "M ."
Maintenance Service, Client Site Services,Base facilities for various businesse s
that provide services on the premises of their clients . Includes gardening, janitorial ,
pest control, water and smoke damage recovery, and similar services ; and appliance ,
computer, electronics, elevator, equipment, HVAC, instrument, plumbing, and othe r
maintenance and repair services not operating from a retail establishment that sell s
the products being maintained or repaired . When these services operate from a retai l
establishment that sells the products being maintained or repaired, they are instea d
considered part of the retail use . Does not include office-only facilities with no storag e
of the equipment and/or vehicles used by the service, which are included unde r
"Office - Production and Administrative ."
Manufacturing - Heavy.A facility accommodating manufacturing processes tha t
involve and/or produce basic metals, building materials, chemicals, fabricated metals ,
paper products, machinery, textiles, and/or transportation equipment, where th e
pace 240 PHI r .13
Attachment ,
city of san Luis oBispo
ZOlinq RCQUIat)on scCI312Ua12y 201 2
Residential Support Services .An establishment with a gross floor area no greate r
than 3,000 square feet that provides services to residences and residential hom e
offices . Examples of these services include :
computer-related services (rental, repair )
copying and quick printing service s
mailing and mail box service s
Restaurant .A retail business selling ready-to-eat food for on- or off-premis e
consumption.-which does not include alcohol service after 11 :00p .m .These include
eating establishments where customers are served from a walk-up ordering counte r
for either on- or off-premise consumption, establishments where most customers ar e
served food at tables for on-premise consumption, but may also provide food for take -
out, and establishments that provide food for off-premise consumption only . Includes
coffee houses, donut shops, delicatessens, etc . Does not include restaurants with
drive-through ordering or service ."Restaurant" means a place which is reqularly an d
in a bona fide manner used and kept open for the serving of meals to quests fo r
compensation and which has suitable kitchen facilities connected therewith ,
containing conveniences for cooking an assortment of foods which may be require d
for such meals .
Restaurant with Late-Hour Alcohol Service .A restaurant which provides alcoho l
service after 11 :00 p .m .
Riparian Vegetation ."Riparian vegetation" means those herbaceous plants ,
shrubs, and trees which are naturally associated with stream side environments, an d
with roots and branches extending in or over a creek channel . (A list of riparia n
vegetation is available at the Community Development Department .)
S . Definitions, "S ."
School .Public and private educational institutions, including :
boarding school s
business, secretarial, and vocational school s
community colleges, colleges and universitie s
elementary, middle, and junior high school s
establishments providing courses by mai l
high school s
military academie s
professional schools (law, medicine, etc .)
seminaries/religious ministry training facilities
Also includes specialized schools offering instruction in the following :
ar t
ballet and other danc e
computers and electronic s
dram a
driver education
page 253 PH 1-14
city Or san Luis oBisp o
Zoning 12eQulation s
Attachment 2
f e&i2uat2y 2012
TABLE 9 - USES ALLOWED BY ZONE - Continue d
Land Use
Permit Requirement by Zoning District Specific us e
Reg[llation srrn3PCDeelPFoR1R2AGR4R3c/o $
RETAIL SALES
Auto and vehicle sales and rental D A PC
Auto parts sales, with installation D(5)A A
Auto parts sales, without installation A D A A A
Bakery, retail A A A A A 0 D
Building and landscape materials sales, indoor A A A A A
Building and landscape materials sales, outoor D D A A A
Construction and heavy equipment sales an d
rental D O
Convenience store D O D A A A A A D'D O 17 .08 .09 5
Extended hour retail D D D D D D D D
Farm supply and feed store PC A A
Fuel dealer (propane,etc)D A
Furniture, furnishings, and appliance stores A A A A
General retail - 2,000 sf or less A(3)A A A A
General retail - More than 2,000 sf, up to
15,000 sf D(3)0 A A
General retail -More than 15,000 sf,up to
45,000 sf 0 A A O
General retail - More than 45,000 at, up t o
60,000 sf D A A
General retail - More than 60,000 sf, up to
140 .000 s f
~aceny lug-specialty r s~
LyuerSore1 1 ale s
Mobile home,RV, and boat sales
PC PC PC
A PC
Office-supporting retail, 2,000 sf or less A A A A A D
Office-supporting retail, More than 2,000,up to
.5,000 sf D D A A D
Outdoor temporary and/or seasonal sales See Section 17 .08.020 17.08.020
Produce stand D D A A A A
Restaurant
~~
A A A A 4 D D
&Y1 77.I RAestaureriK[h late hour al, r
1 servrerr
J
Outdoor BBQ/Grill, accessory to restaurant
~,;D
D
l
D
D
D
D
D
D
~D
0
~C
0
D
I D
~
Service station (see also "vehicle services")
I
D D D i D A I 17;08.030
Vending machine See Section 17.08,050 17.08.050
Warehouse stores - 45,000 sf or less gfa D D D
Warehouse stores - more than 45,000 sf gfa PC PC PC
Key:`A = Allowed D = Director's 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 follow the table .
page 8 5
PH1-15--
Attachment 2
city of san lu g s orISp o
zoninca l eQuL\tions f EBRUM2y 2012
TABLE 6 - PARKING REQUIREMENTS BY US E
Type of Use Number of Off-Street Parking Spaces Require d
RETAIL SALE S
Auto and vehicle sales and rental One space per 300 square feet office area plus one space per 500 square feet parts sales service
area, plus one space per 2,000 square feet outdoor sales area
Auto parts sales,with installation One space per 500 square feet gross floor are a
Auto parts sales, without installation One space per 500 square feet gross floor are a
Bakery, retail One space per 200 square feet gross floor are a
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 area
Building and landscape materials sales,outdoor 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 or outdoor sales are a
Construction and heavy equipment sales and rental One space per 300 square feet office area plus one space per 500 square feet parts sales servic e
area, plus one space per 2,000 square feet outdoor sales are a
Convenience store Two spaces for employee parking, plus one space per 500 square feet of gross floor area and a
minimum of five bicycle parking spaces shall be provided per busines s
Extended hour retail Same as specific type of retail
Farm supply and feed store One per 500 square feet indoor sales/storage area plus one space per 2,000 square feet outdoo r
sales/storage area .
Fuel dealer (propane,etc)One per 500 square feet indoor sales/storage area plus one space per 2,000 square feet outdoo r
sales/storage area .
Furniture, furnishings, and appliance stores One space per 500 square feet gross floor are a
General retail -2,000 sf or less One space per 300 square feet gross floor area
General retail -More than 2,000 sf, up to 15,000 sf One space per 300 square feet gross floor are a
General retail -More than 15,000 sf, up to 45,000 sf One space per 300 square feet gross floor are a
General retail -More than 45,000 sf, up to 60,000 sf A maximum of one space per 200 square feet gross floor area,with the exception for more spaces if
structured multi-level parking is used
General retail -More than 60,000 sf, up to 140,000 sf A maximum of one space per 200 square feet gross floor area, with the exception for more spaces i f
structured multi-level parking is used
Florists and Photofinishing (retail)One space per 500 square feet floor are a
Retail safes and repair of bicycles
Gricerie8,Nrer<:}Jrc /ty feels Url e
One space per 500 square feet floor are a
r x220 5Le feet tr,_s fleerire 7
e (dl 200 Sr,1/~71<
/Pet r"5S fl) r,'r
per 300 square feet office area plus on e
plus one space per 2,000 square feet outdoor
Sp),
space space per 500 square feet parts sales service
sales area
L0 or S I i0['Oli :i S31FS
sales
i.1 C
On e
area,Mobile home, RV,and boat
Office-supporting retail, 2,000 sf or Jess One space per 300 square feet gross floor area
Office-supporting retail, more than 2,000, up to 5,000 sf One space per 300 square feet gross floor area
Outdoor temporary and/or seasonal sales See Section 17 .08 .020
Produce stand One space per 300 square feet gross floor are a
Restaurant
One space
dancing
storage ,
either
per 60
areas, plus
customer us e
space
and dishwashing
for attendant
sq . ft. custome r
one space
areas.
booth
or food preparatio n
per
plus
us e
Walls,
100
two
area,
sq .
halls ,
floo r
per
ft. foo d
area
service
includin g
restrooms,
waitin g
preparation,
bay plu s
and
seating ,
dea d
one space
includin g
counter service
counter
storage area s
per tour fuel
areas, and
space, pantry
do not count
pumps
as
F,~,s'cvur ~~it v'fh i , li~itn~!ill r
services")on eService station (see also "vehicle
Warehouse stores -45,000 sf or less gfa Minimum one space per 300 square feet gross floor area T v
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 if
structured multi-level parking is used
pace 54 PH1-1 6
ATTACHMENT 3
Chapter 17 .11 : Deemed Approved Alcoholic Beverage Sal eRegulations
Sections :
17 .11 .010 Title and Scope
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 Procedur e
17 .11 .010 Title, Purpose, and Applicability .
A.Title of Deemed Approved Alcoholic Beverage Sale reputations .The provisions o f
this chapter shall be known as the Deemed Approved Alcoholic Beverage Sal e
requlations .
B .Purpose of Deemed Approved Alcoholic Beverage Sale requlations .The genera l
purposes of the Deemed Approved Alcoholic Beverage Sale regulations are to protec t
and promote the public health, safety, comfort, convenience, prosperity, and genera l
welfare by requiring that Alcoholic Beverage Sales Commercial Activities that wer e
established without use permit approval prior to the effective date of the Deeme d
Approved Alcoholic Beverage Sale regulations comply with the Deemed Approve d
performance standards of section 17 .11 .030 of this chapter and to achieve the followin q
obiectives :
1.To protect residential, commercial, industrial, and civic areas and minimize th e
adverse impacts of nonconforming and incompatible uses ;
2.To provide opportunities for Alcoholic Beverage Sale Activities to operate in a
mutually beneficial relationship to each other and to other commercial and civi c
services ;
3.To provide mechanisms to address problems often associated with the publi c
consumption of alcoholic beverages, such as litter,loitering, graffiti,unrul y
behavior and escalated noise levels ;
4.To provide that alcohol outlets specified in this chapter are not the source o f
undue public nuisances in the community ;
5.To provide for properly maintained Alcoholic Beverage Sale establishments s o
that negative impacts generated by these activities are not harmful to th e
surrounding environment in any way ;
6.To monitor that Deemed Approved Activities do not substantially change in mod e
or character of operation .
C .Applicability of Deemed Approved Alcoholic Beverage Sale regulations .Th e
Deemed Approved Alcoholic Beverage Sale regulations shall apply to thefollowin a
PHI-17
ATTACHMENT 3
alcoholic beverage sale commercial activities within the City, which have bee n
established without use permit approval prior to the effective date of this Chapter, and a s
defined in Chapter 17 .100 of the Zoning Regulations : Bars/Tavern, Restaurant with lat e
hour alcohol service, Liquor Store, Nightclubs .
1 .Duplicated Regulation . Whenever any provision of the Deemed Approved Alcoholi c
Beverage Sale regulations and any other provision of law, whether set forth in thi s
code, or in any other law, ordinance, or, resolution of any kind, imposes overlappin g
or contradictory regulations, or contain restrictions covering any ofthe same subjec t
matter, that provision which is more restrictive or imposes higher standards shal l
control, except as otherwise expressly provided in the Deemed Approved Alcoholi c
Beverage Sale regulations .
D .Administrative Hearing Officer .There is created an Alcoholic Beverage Sale s
Administrative Hearing Officer (Administrative Hearing Officer) appointed by the Cit y
Manager . The Administrative Hearing Officer shall conduct public hearings and mak e
recommendations intended to encourage and achieve the compliance of particular site s
as appropriate . This section is not intended to restrict the powers and duties otherwis e
pertaining to other city officers orbodies, in the field of monitoringandensuring th e
harmony of Alcoholic Beverage Sale Commercial Activities in the city . These partie s
shall have the powers and duties assigned to them by the Zoning Regulations, othe r
codes and ordinances, City Charter, or by valid administrative authority .
17 .11 .020 . Definitions .
A . Title, purpose, and applicability.The provisions of 17 .11 .020 shall be known as th e
definitions . The purpose of these provisions is to promote consistency and precision in th e
interpretation of the Deemed Approved Alcoholic Beverage Sale regulations . The meaning
and construction of words and phrases as hereinafter set forth shall apply throughout th e
Deemed Approved Alcoholic Beverage Sale regulations, except where the context of suc h
words or phrases clearly indicates a different meaning or construction .
As used in this chapter :
"Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquid or soli d
containing alcohol, spirits, wine, or beer, which contains one-half of one percent or more o f
alcohol by volume and which isfit for beverage purposes either alone or when diluted ,
mixed, or combined with other substances, and sales of which requires a State Departmen t
of Alcoholic Beverage Control license .
"Condition of approval" means a requirement which must be carried out by the activity i n
order to retain its Deemed Approved Status .
"Deemed Approved Activity" means operation of the stated uses applicable to this Chapte r
as defined .
"Deemed Approved Status" means the status conferred upon a Deemed Approved Activity .
"Illegal activity" means an activity which has been finally determined to be in noncomplianc e
with the Deemed Approved performance standards in section 17 .11 .030 of this chapter .
PH1-18
ATTACHMENT 3
Such an activity shall lose its Deemed Approved Status and shall nolonger be considereda
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 beverage 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 Deeme d
Approved Performance Standards . The purpose of these standards is to control dangerou s
or objectionable environmental effects of Alcoholic Beverage Sales Commercial Activitie s
applicable to this Chapter .
B .Applicability .These standards shall apply to the following Alcoholic Beverage Sales
Commercial uses listed in the above section 17 .11 .020 and Chapter 17 .100 of this code :
Bar/Tavern, Restaurant with late hour alcohol service, Li q uor store/Alcohol Sales, Nightclub )
and defined in Section 17 .100 . The Deemed Approved Performance Standards are
applicable to these uses under the following circumstances, 1 & 2 below :
1.Alcoholic Beverage Commercial uses which have been established without use permi t
approval prior to the effective date of Chapter 17 .11 .
2.Alcoholic Beverage Commercial uses which are inconsistent with Table 9 (Uses allowe d
by Zone), Title 17 of the Municipal Code (Zoning Regulations) and have bee n
established prior to the effective date of Chapter 17 .11 .
C . Performance Standards and Deemed Approved Activities .An activity shall retain its
Deemed Approved Status only if it conforms with all of the following Deemed Approve d
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 in clos e
proximity of the premises, including but not limited to disturbance of the peace, illega l
drug activity, public drunkenness, drinking in public, harassment of passersby, gambling ,
prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts o f
vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loudnoises ,
especiallyin 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, o r
federal regulation, ordinance or statute ;
PH1=19
ATTACHMENT 3
5 .That its upkeep and operating characteristics are compatible with and will not adversel y
affect the livability or appropriate development of abuttinq properties and the surroundin q
neighborhood .
17 .11 .040 . Deemed Approved Status Procedur e
A.Deemed Approved Status Procedure .The provisions of this article shall be known a s
the Deemed Approved Status procedure . The purpose of these provisions is to : (A )
provide notice of Deemed Approved Status upon Alcoholic Beverage Sales Commercia l
Activities applicable to this Chapter ; (B) prescribe the procedure for the imposition o f
conditions of approval upon these activities ; and (C) prescribe the procedure fo r
appealing conditions of approval or the revocation of a Deemed Approved Status .
B.Automatic Deemed Approved Status .All Alcoholic Beveraqe Sales Commercia l
Activities applicable to this Chapter per section 17 .11 .030 .B. shall automatically becom e
Deemed Approved Activities as of the effective date of the Deemed Approved Alcoholi c
Beverage Sale requlations . Each such Deemed Approved Activity shall retain it s
Deemed Approved Status as long as it complies with the Deemed Approved
performance standards at Section 17 .11 .030 C .
C.Notification to owners of Deemed Approved Activities .The Administrative Hearin g
Officer shall notify the owner of each Deemed Approved Activity, and also the propert y
owner if not the same, of the activity's Deemed Approved Status . Such notice shall b e
sent via certified return receipt mail ; shall include a copy of the performance standards o f
Section 17 .11 .030.C . of this chapter with the requirement that these be posted in a
conspicuous and unobstructed place visible from the entrance of the establishment fo r
public review ; notification that the activity is required to comply with all these sam e
performance standards ; and that the activity is required to comply with all other aspect s
of the Deemed Approved Alcoholic Beverage Sale regulations . Should the notice b e
returned, then the notice shall be sent via reqular U .S . Mail .
D.Procedure for consideration of violations to performance standards .Upon
receiving a complaint from the public, Police Department, or any other interested part y
that a Deemed Approved Activity is in violation of the performance standards of Sectio n
17 .11 .030 .C ., and once it is determined by the city that violations appear to be occurring ,
then the Downtown Association (DA) or its successor agency, if extinct, will be provide d
notice of the Deemed Approved Status of the Deemed Approved Activity by a Downtown
Business in question that is a member of the DA prior to a public hearing before th e
Administrative Hearing Officer. As to those actions involving its member businesses, th e
DA may make recommendations to be included in the Administrative Hearing which ma y
be considered by the Hearing Officer . The purpose of the Administrative public hearin g
is to receive testimony on whether the operating methods of the Deemed Approved
Activity are causing undue negative impacts in the surroundinq area . At the publi c
hearinq, the Administrative Hearing Officer shall determine whether the Deeme d
Approved Activity conforms to the Deemed Approved Performance Standards set fort h
in Section 17 .11 .030 .C . and to any other applicable criteria, and may continue th e
Deemed Approved Status for the activity in question or require such changes or impos e
such reasonable Conditions of Approval as are in the judgment of the Administrativ e
Hearing Officer necessary to ensure conformity to said criteria and such conditions shal l,
be based on the evidence before the Officer . The decision of the Administrative Hearin q
PHI-20
ATTACHMENT 3
Officer shall be based upon information compiled b y staffandtestimony from th e
business owner and all other interested parties . New conditions of approval shall b e
made a part of the Deemed Approved Status and the Deemed Approved Activity shall b e
required to comply with these conditions . The determination of the Administrativ e
Hearing Officer shall become final ten (10) calendar days after the date of decisio n
unless appealed to the City Planning Commission in accordance with Chapter 17 .66 .
E.Procedure for consideration of violations .In the event of a violation of an y of th e
provisions set' forth in Sections 17 .11 .010 through 17 .11 .030 of these regulations, th e
Administrative Hearing Officer may hold a public hearing . The purpose of this publi c
hearing is to receive testimony and determine whether violations to Sections 17 .11 .01 0
through 17 .11 .030 of these regulations exist . The Administrative Hearing Officer ma y
add to or amend the existing conditions of approval based upon the evidence presented ;
or alternatively may revoke the Deemed Approved Activity's Deemed Approved Status .
The determination of the Administrative Hearing Officer shall become final ten (10 )
calendar days after the date of decision unless appealed to the City Plannin g
Commission in accordance with Section the below section 17 .11 .040 .F The decision of
the Planning Commission shall be final unless appealed to the City Council i n
accordance with Section 17 .11 .040 .G .
F.Appeal to Planning Commission .Appeals of the decisions of the Administrativ e
Hearing Officer may be filed in accordance with Chapter 17 .66 : Appeals . In considerin g
the appeal, the Planning Commission shall determine whether the established us e
conforms to the applicable Deemed Approved performance standards and ma y continue
or revoke a Deemed Approved Status ; or require such changes in the existing use o r
impose such reasonable conditions of approval as are,inits judgment, necessary t o
ensure conformity to said performance standards . Thedecisionof the Plannin g
Commission on the appeal to the conditions of approval imposed by the Administrativ e
Hearing Officer shall be final .
G.Appeal to City Council .Appeals of the decisions of the Planning Commission ma y
be filed in accordance with Chapter 17 .66 : Appeals . In considering the appeal, th e
Council shall determine whether the Deemed Approved Activity conforms to th e
applicable Deemed Approved performance standards, and may approve or disapprov e
the revocation or require such changes therein or imposesuch reasonable conditions o f
approval as are in its judgment necessary to ensure conformity to said standards .
17 .11 .050 . Enforcement Procedure
A.Applicability.The provisions of this section shall apply to the enforcement of th e
Deemed Approved Alcoholic Beverage Sale regulations .
B.Official action .All officials, departments, and employees of the city vested with th e
authority to issue permits, certificates,or licenses shall adhere to, and require
conformance with, the Deemed Approved Alcoholic Beverage Sale regulations .
C.Infractions .Any person who violates, causes, or permits another person toviolate
any provision of these regulations is guilty of an infraction unless otherwise provided ,
D.Separate Offenses for Each Day .Anv violator shall be guilty of a separate offens e
for each and every day during any portionof which any violation of any provision of
PHI-21
ATTACHMENT 3
these regulations is committed, continued, permitted, or caused by such violator an d
shall be punishable accordingly .
E.Any Violation a Public Nuisance .In addition to the penalties provided in thi s
section, anv 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 may b e
summarily abated as such by the city .
F.Injunction as Additional Remedy.Any violation of any provision of these regulation s
shall be and is declared to be contrary to the public interest and shall, at the discretion o f
the city, create a cause of action for injunctive relief .
G.Penalties .Any person convicted of an infraction under the provisions of this sectio n
shall be punishable by a fine to the maximum permitted under state law . Any violatio n
beyond the second conviction within a one-near period may be charged by the Cit y
Attorney as a misdemeanor, and the penalty for conviction shall be punishable by a fin e
or imprisonment to the maximum permitted under state law .
H.Liability for Expenses .In addition to the punishment provided by law, a violator i s
liable for such costs, expenses, and disbursements paid or incurred by the city or any o f
its contractors in correction, abatement, and prosecution of the violation ..
1 .Enforcement .The city shall designate the appropriate personnel to enforce th e
provisions of these regulations .
T :ICouncil Agenda Reports1201212012-05-151AIcohol Outlet Regulations (Johnson-Davidson)1Attachment 3 (Deemed Approve d
Ordinance Legislative Draft).docx
PH1-22
Attachment 4
RESOLUTION NO. PC-5573-1 1
A RESOLUTION OF THE SAN LUIS OBISPO PLANNIN G
COMMISSION RECOMMENDING TO THE CITY COUNCI L
APPROVAL OF AMENDMENTS TO TITLE 17 (ZONIN G
REGULATIONS) OF THE MUNICIPAL COD E
(Alcohol Outlet Public Safety Strategies RITA 101-11 )
WHEREAS, the Planning Commission 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, o n
April 25, 2012, for .the purpose of considering amendments to Title 17 (Zoning Regulations) o f
the Municipal Code ; an d
WHEREAS, said public hearing was for the purpose of formulating and forwarding
recommendations to the City Council of the City of San Luis Obispo regarding the project ; and
WHEREAS, notices of said public hearing were made at the time and in the manne r
required by law ; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by staff ;
presented at said hearing .
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City o f
San Luis Obispo as follows :
Section 1 .Findings .Based upon all the evidence, the Commission makes the followin g
findings :
1.The proposed amendments will not significantly alter the character of the City or cause
significant health, safety, or welfare concerns, since the amendments are consistent with th e
General Plan and directly implement City goals and policies .
2.The project is exempt from CEQA under the general rule that there is no possibility that th e
activities in question could have a significant effect on the environment (15061 (b)(3).
Section 2 .Recommendation,The Planning Commission does hereby recommend the
City Council adopt proposed amendments to Title 17 (Zoning Regulations) of the Municipa l
Code as modified, included as attachments 2 and 3 .
On motion by Commissioner Multari, seconded by Commissioner Stevenson, and on th e
following roll call vote :
AYES :
Commissioners Multari, Stevenson, Fowler, Larson, Meyer, and Draz e
NOES :
None
REFRAIN : None
ABSENT: Commissioner Singewald
PHI-23
Planning Commission Resolution No . PC-5573-1 2
R/TA 101-1 1
Page 2
The foregoing resolution was passed and adopted this 25 th day of April, 2012 .
.•.rat ~.l~.~,~:,~sr.1~
Doug Davids t n, Secretary
Planning Commission
ATTACHMENT 5
SAN LUIS OBISP O
PLANNING COMMISSION MINUTE S
April 25, 201 2
CALL TO ORDER/PLEDGE OF ALLEGIANC E
ROLL CALL :Commissioners John Fowler, John Larson, Michael Multari, Charle s
Stevenson, Vice-Chairperson Eric Meyer, and Chairperson Michael
Draz e
Absent :Commissioner Airlin Singewal d
Staff :Derek Johnson, Community Development Directo r
Andrea Visveshwara, Assistant City Attorne y
Deputy Community Development Director Doug Davidso n
Associate Planner Brian Leveill e
ACCEPTANCE OF THE AGENDA :
The agenda was accepted as presented .
MINUTES :
Minutes of April 11, 2012, were approved as amended .
PUBLIC COMMENTS ON NON-AGENDA ITEMS :
There were no comments made from the public .
PUBLIC HEARINGS :
1 .City-Wide .R/TA 101-11 : Municipal Code text amendments to enhance alcoho l
outlet regulations to improve public safety ; City of San Luis Obispo — Communit y
Development Department, applicant .(Doug Davidson)
Doug Davidson . Deputy Community Development Director, presented staff repor t
recommending the City Council adopt the proposed amendments to Title 17 (Zonin g
Regulations) of Municipal Code to enhance alcohol outlet regulations to improve public
safety .
Commr . Multari questioned the Deemed Approved Ordinance and if alcohol outlet s
could be denied or subject to a use permit . Staff clarified that the Deemed Approve d
Ordinance applies to existing outlets without use permits . Andrea Visveshwara ,
Assistant City Attorney, stated that violations of the Deemed Approved Ordinance are
considered a public nuisance and are subject to enforcement .
Commr . Stevenson questioned how the Deemed Approved Ordinance might apply t o
existing use permit holders which have had permits for a long period of time, Staf f
stated a deemed approved ordinance applies to existing outlets which were established
prior to the City requirement for those outlets to have use permits . Use permit
PH1=25
ATTACHMENT 5
approvals would continue to run with the land and violators of the Deemed Approve d
Ordinance would be subject to the use permit standard conditions through th e
administrative hearing process .
Commr . Fowler questioned what the process was before coming to the Plannin g
Commission . Staff provided background on prior study sessions and City Counci l
direction .
PUBLIC COMMENTS :
Steve Tolley, SNL, stated his support of staffs efforts and announced the group has a
few remaining concerns that will be discussed with staff on May 1S t
Sandy Rowley, RQN, stated her support of the new Zoning Regulations and Ordinance .
There were no further comments made from the public .
COMMISSION COMMENTS :
Commr . Multari asked if liquor stores have created any problems . Captain Stale y
responded that while liquor stores are not the focus of the new regulations they hav e
created compatibility issues in other jurisdictions . Commr . Multari also asked about th e
fines that are listed as one of the potential strategies . Deputy Director Davidson replie d
that the restaurant/bar owners were concerned about fines and that the City chose a
collaborative approach of working together with alcohol outlets instead of levying fines .
Commr . Multari supported staff's recommendation and noted that long range plannin g
will be very important and there is no easy solution on locations of alcohol outlets .
Commr . Larson questioned the redundancy of some of the standard conditions i n
Attachment 1 Staff responded that they are just examples of recently applie d
conditions and that there is some overlap .Staff agreed to revise the exhibit for th e
Council.
Vice-Chairperson Eric Meyer stated alcohol outlets are currently more concentrate d
downtown than they used to be and supported Multari's statement of the importance o f
addressing this topic in the Land Use Element Update .
Chairperson Michael Draze stated that the "effective date" of the Ordinance change s
should be noted . Staff stated that Ordinance amendments do contain the dates .
On motion by Commr . Multari, seconded by Commr . Stevenson, to adopt the propose d
amendments to Zoning Regulations of the Municipal Code to enhance alcohol outle t
regulations to improve public safety with the minor chances (typos, lettering) noted .
AYES :Commissioners John Fowler, John Larson, Michael Multari, Charle s
Stevenson, Vice-Chairperson Eric Meyer, and Chairperson Michael Draz e
NOES :Non e
RECUSED :Non e
ABSENT :Commissioner Airlin Singewald
PHI-26
ATTACHMENT 5
The motion passed on a 6 :0 vote .
City-Wide :TA 143-11 : Municipal Code text amendments which update and revis e
front yard parking regulations ; and removal of minimum timeframes for propert y
maintenance violations ; Community Development, applicant .(Brian Levei/le)
Brian Leveille, Associate Planner, presented the staff report to adopt the Plannin g
Commission resolution which recommends that the City Council adopt the propose d
amendments to the Municipal Code .
Commr . Stevenson questioned the City's approach of pro-active enforcement an d
hoped that education and warnings would be given before citations . Staff provide d
background on the Neighborhood Wellness Major City Goal and the slow roll-ou t
process for enforcement .
PUBLIC COMMENTS :
Jim Anderson, San Luis Obispo, stated that parking on front yards and on streets ar e
two different problems . He also encouraged the Commission to allow an extra parkin g
space for two-car garages as is being suggested for one-Car garages .
John Sherry, San Luis Obispo, stated the neighborhoods are not designed as high -
density homes and people should park in their garage, and that parking on front yard s
goes around the intent of the parking districts .
Carolyn Smith, San Luis Obispo, stated that there are too many cars in neighborhood s
and that other college towns do not have this problem .
Sandra Rowley, San Luis Obispo, supported the Ordinance amendments and wa s
concerned about allowing an extra pad for single-car garages .
There were no further comments made from the public .
COMMISSION COMMENTS :
Commr . Stevenson stated his sympathy for neighborhood concerns about the impact of
front yard parking .
Vice-Chairperson Meyer supported the staff recommendation including the singl e
garage parking pad .
Commr. Fowler also supported the recommendation and questioned the implications o f
the Ordinance and comments from ASI which raised concerns of the impacts which ma y
result from the new ordinance and stepped up enforcement . Staff stated that on e
implication of the new regulations is that many garages will have been converted or ar e
being used for other purposes will now have to be made available for parking . Staff als o
responded that over time there will be some changes in how properties are used, and i n
some cases there may not be as many residents accommodated in some residence s
due to enforcement of the new provisions .
PH1-27
ATTACHMENT 5
Commr. Larson supported Ordinance and single-garage parking pad . He also state d
that there will always be some property geometry that doesn't fit within the ne w
regulations and that the Ordinance could not address every possible scenario .
Commr . Multari was also concerned about the City's pro-active enforcement approach .
He reviewed the graphics provided in the staff report and noted inequities in th e
situations . For instance, side-loaded garages could park 4-5 vehicles in the drivewa y
while a typical driveway to a two-car garage could accommodate only two . He believe d
that front yard parking is an irresolvable issue and that the regulations could hav e
unintended consequences . He stated that there is a tenuous connection between th e
impacts of front yard parking and the public health, safety, and welfare and would not b e
supporting the amendments .
Commr. Stevenson stated the Ordinance is not perfect but a compromise that the Cit y
should launch to address some of the impacts of parking in front yards .
Chairperson Michael Draze supported the Ordinance and wanted to be sure that ther e
was no confusion between front and side street yard setbacks and the front yar d
definition .
Commr. Multari stated that the additional car pad could be on the interior side of th e
driveway and not only next to the side property line .
Commr. Fowler supported an additional par king pad for two-car garages .
On motion by Commr . Stevenson, seconded by Vice-Chairperson Meyer, to adopt th e
Municipal Code text amendments to update and revise front yard parking regulations ;
and removal of minimum timeframes for property maintenance violations .
AYES :Commissioners John Larson and Charles Stevenson, Vice-Chairperso n
Eric Meyer, and Chairperson Michael Draz e
NOES :Commissioner Multari and Fowle r
RECUSED :Non e
ABSENT :Commissioner Airlin Singewal d
The motion passed on a 4 :2 vote .
COMMENT AND DISCUSSION :
3.Staff
a . Agenda Forecast — Doug Davidson presented the agenda forecast .
4.Commission
PH1-28
ATTACHMENT 5
Chairperson Multari invited the Commission to the Economic Development Strategi c
Plan workshop on April 26, 2012, at the City-County Library .
Commr. Fowler stated his absence for the May 9, 2012 Planning Commission meeting .
The Commission also agreed to have staff agendize at a later date for genera l
discussion the impact of rental properties in single-family neighborhoods .
ADJOURNMENT :The meeting was adjourned at 8 :25 p .m .
Respectfully submitted by ,
Doug Davidso n
Recording Secretar y
G :ACD-PLAN\Ddavidson\Alcohol Outlet Regulations\PCMinutes4-25-12 .docx
PH1-29
ATTACHMENT 6
ORDINANCE NO .#### (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; and
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 .
PHI 30
Ordinance No . #### (2012 Series)
R/TA 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 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 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 ;
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 ;
PH1-31
Ordinance No . #### (2012 Series )
RITA 101-1 1
Alcohol Outlet Regulation s
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 .
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 BeverageSale 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 percent
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 requires a
State Department of Alcoholic Beverage Control license .
PH1-32
Ordinance No . #### (2012 Series )
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 th e
Deemed Approved Performance Standards . The purpose of these standards is t o
control dangerous or objectionable environmental effects of Alcoholic Beverage Sale s
Commercial Activities applicable to this Chapter .
B . Applicability .These standards shall apply to the following Alcoholic Beverage Sale s
Commercial uses listed in the above section 17 .11 .020 and Chapter 17 .100 of thi s
code : Bar/Tavern, Restaurant with Late Hour Alcohol Service, Liquor Store/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 :
PHI-33
Ordinance No . #### (2012 Series)
R/TA 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 ; an d
(C) prescribe the procedure for appealing conditions of approval or the revocation
of a Deemed Approved Status .
B.Automatic Deemed Approved Status .All Alcoholic Beverage Sales Commercia l
Activities applicable to this Chapter per section 17 .11 .030 .B . shall automaticall y
become Deemed Approved Activities as of the effective date of the Deeme d
Approved Alcoholic Beverage Sale regulations . Each such Deemed Approve d
Activity shall retain its Deemed Approved Status as long as it complies with 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
PHI-34
Ordinance No . #### (2012 Series )
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 performance
standards of Section 17 .11 .030 .C ., and once it is determined by the city tha t
violations appear to be occurring, then the Downtown Association (DA), or it s
successor agency, if extinct, will be provided notice of the Deemed Approve d
Status of the Deemed Approved Activity by any member business in th e
Downtown Business Improvement Area prior to a public hearing before th e
Administrative Hearing Officer . The DA may make recommendations in action s
involving its member businesses to be included in the Administrative Hearin g
which, may be considered by the Hearing Officer . The purpose of th e
Administrative public hearing is to receive testimony on whether the operatin g
methods of the Deemed Approved Activity are causing undue negative impacts i n
the surrounding area . At the public hearing, the Administrative Hearing Office r
shall determine whether the Deemed Approved Activity conforms to the Deeme d
Approved Performance Standards set forth in Section 17 .11 .030 .C . and to any
other applicable criteria, and may continue the Deemed Approved Status for th e
activity in question or require such changes or impose such reasonable Condition s
of Approval as are in the judgment of the Administrative Hearing Officer
necessary to ensure conformity to said criteria and such conditions shall be base d
on the evidence before the Officer . The decision of the Administrative Hearin g
Officer shall be based upon information compiled by staff and testimony from th e
business owner and all other interested parties . New conditions of approval shal l
be made a part of the Deemed Approved Status and the Deemed Approved
Activity shall be required to comply with these conditions . The determination o f
the Administrative Hearing Officer shall become final ten (10) calendar days afte r
the date of decision unless appealed to the City Planning Commission i n
accordance with Chapter 17 .66 .
E . Procedure for consideration of violations .In the event of a violation of any o f
the provisions set forth in Sections 17 .11 .010 through 17 .11 .030 of these
regulations, the Administrative Hearing Officer may hold a public hearing . The
purpose of this public hearing is to receive testimony and determine whethe r
violations to Sections 17 .11 .010 through 17 .11 .030 of these regulations exist . The
Administrative Hearing Officer may add to or amend the existing conditions o f
approval based upon the evidence presented ; or alternatively may revoke th e
Deemed Approved Activity's Deemed Approved Status . The determination of th e
Administrative Hearing Officer shall become final ten (10) calendar days after th e
date of decision unless appealed to the City Planning Commission in accordance
with Section the below section 17 .11 .040 .F . The decision of the Plannin g
Commission shall be final unless appealed to the City Council in accordance wit h
Section 17 .11 .040 .G .
PH1-35
Ordinance No . #### (2012 Series )
R/TA 101-1 1
Alcohol Outlet Regulation s
F.Appeal to Planning Commission .Appeals of the decisions of th e
Administrative Hearing Officer may be filed in accordance with Chapter 17 .66 :
Appeals . In considering the appeal, the Planning Commission shall determin e
whether the established use conforms to the applicable Deemed Approve d
performance standards and may continue or revoke a Deemed Approved Status ; o r
require such changes in the existing use or impose such reasonable conditions o f
approval as are, in its judgment, necessary to ensure conformity to sai d
performance standards . The decision of the Planning Commission on the appeal t o
the conditions of approval imposed by the Administrative Hearing Officer shall b e
final .
G.Appeal to City Council .Appeals of the decisions of the Planning Commissio n
may be filed in accordance with Chapter 17 .66 : Appeals . In considering the appeal ,
the Council shall determine whether the Deemed Approved Activity conforms t o
the applicable Deemed Approved performance standards, and may approve o r
disapprove the revocation or require such changes therein or impose suc h
reasonable conditions of approval as are in its judgment necessary to ensur e
conformity to said standards .
17 .11 .050 . Enforcement Procedure
A.Applicability.The provisions of this section shall apply to the enforcement o f
the Deemed Approved Alcoholic Beverage Sale regulations .
B.Official action .All officials, departments, and employees of the city vested
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 to
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.
PHI-36
Ordinance No . #### (2012 Series )
R/TA 101-1 1
Alcohol Outlet Regulation s
G.Penalties .Any person convicted of an infraction under the provisions of thi s
section shall be punishable by a fine to the maximum permitted under state law .
Any violation beyond the second conviction within a one-year period may b e
charged by the City Attorney as a misdemeanor, and the penalty for convictio n
shall be punishable by a fine or imprisonment to the maximum permitted unde r
state law .
H.Liability for Expenses .In addition to the punishment provided by law,a
violator is liable for such costs, expenses, and disbursements paid or incurred b y
the city or any of its contractors in correction, abatement, and prosecution of th e
violation .
I.Enforcement .The city shall designate the appropriate personnel to enforce th e
provisions of these regulations .
SECTION 4 . Chapter 17 .16 .060. Parking Space Requirements . Table 6 (Parkin g
Requirements by Use) of the City of San Luis Obispo's Municipal Code is replaced and
amended to read as follows :
PH1-37
Ordinance No .lttf##(2012 Series)
R/TA 101-1 1
Alcohol Outlet Regulations
Wiz; owsp o
ZrPtllr t
TABLE 6 - PARKING REQUIREMENTS BY US E
Type of Use
Nurr'be, of Off-Street Parking Spaced Required
AGRICULTUR E
Crop production and pr azir No requiremen t
Greenhouse, commercial No requiremen t
Livestock feed tot As pro ided in approved use permit
INDUSTRY, A FACTURING &P EGGING,MC'ESA IN ,r
Bake Ffl dale h ba
Fumilure and flaress manufacturing,, cahi £t sho p
t $duatnal research and devetopment
t alp sl ce K e k'door
ca td b e £3 M
ware .k
L rta v -at test te
I cleaning plant One spade r r yet gresss ibe r are a
Mar 1 rirxl -Heavy one spas€r care feat goose fl ae r afar,
f anufacfraring - Light
One pr nrr Ivrt accessv r v ~~'eti -s ,,p 3"r f-~<a r }
s t u n e f e w t oar =raa, to be d t-=nu::cool ark
x~r w _e -sr "a are a
Pe rofeum fprodur - r l tril stn 1
PhotO and film lot,
Pratin g
Rec n iti _:~. -ct n arrod ptoo-es pat£rre r f outdoor
r .--G
s
Recycling fa hies ,cap amxt ctistnanttarx ya r s ;mss f a .JS one spade per . -.)square f etoutctoa i
aa,r c as:ard r
Recycling facilities - Srraat collection f edit f As pi lv .-St in app ved t r It
Sty e - P mortal storage facility taae space per 300 square feet orrice :area as t common ndoor fac t6es anti o :`s
wary fr e storage units that do rat ha e d€rect dried-up veh c access
Storage y r One space per 2 k CJ cgttare fast gross floorare a
argil t,1 k in duo a€ storage one P :i re fzet office area G -+arse space pert«s 'e fie$at -stora€„~s-area
t hotesafr d`rstrrb utro
. T is `et e area ,er ij I ,-'pet doo r
a e ca r s fr t o o
LODGING
dad and breakfast inn One per room or group of r a aas tra Ixe occupied as a suite, plus f a for resttGant rsanagers etc after s
Hostel €arse spade per five bends, plus one f ar sr onager". L~tlrer the h tel is part r f a resid ce: one space
perk-C nto -paces for the residence .
Hots rrote1 one s r n c of roc s to lad occupied as a suite, plus one fo res rki n araage s quarters,
p 't
Recreational vehicle (pans accesooty to hotel, motet r
PH1-3 8
Ordinance No . #### (2012 Serie s
RITA 101-1 1
Alcohol Outlet Regulation s
~flRII S
Z4'
(')B
till~uL1t'e
TABLE -PARKING REUIREMENTS BY USE
Type of Use .Number°of Off-Street Forking Spaces Require d
RECREATION, EDUCATION,&PUBLIC ASSEMEL`r USE S
tofc
.ace I ,
efeetef;Gac
haft s .,.
e feat __-_..e
~'n'tk
I3iI-
fw
owli£7J :it
+5
One space per 3£H
-' -r 11
n}i
Two spaces per lei e
3-
--a
;e per /c
' seats epe :falorl'eat3t*C,j area .
,UR3RFf".'~'i e recreation {&E.es -Ou
oor One space tl`•.•~f}{.
`S oor i s,ar£
Educat rna
xrnfr retraces As provided in apt
-
r
F'
far
t € ne sp p
ass It
s area
OamNm ,grim°
;~
rf
avena
a icear
rc r
rent i
—C
uase>
i .
.rt rid,rent :
s,_7 .:
t roorra i ne space p
1t ..trz
a
P
k .id C?ne space per ref::
:
P..:
;Mcility One space per for ,._e .: seats scone space pe#-GCH squ nee feet of a~ e€r
rr a ruf Fxe€1 seats
t t~
lFty One space per four fixed seats (one space perdff sqt a e feef sea: rg ,
i ,.
'aced seats t m
largest
rcr:P i
a
-8crardir€g r
el,elementary, un~
ile, sr.rfl
~.
o(I r a- permit
c.
- O ..ae, e ...
"antprrs -
prof
- i
^`=f-errnif
Satellite Glee
.._paca
t per classy
nn tfooa area
School - Elementary, rttie e, secastrcfary Two spaces per Ct a v~iY pfus one space per 300 square feet office, assettbly or egrsamon area
ScY
I - Specaa zed educat or rtraining'One space per Stt square feet per cl assroor a f or aroma
Special event €3ne space per£.t
square fret or as provided in approved use permit
Sports and ;.active retreat on} facility One space per 10? square -£
f pt t surface
Sports and entertainment risen bly fat lity As provirt 1 i,
Studer -Aif„d race,
tidal .natus s, ete-One sp
= pp+
rare a
Theater One .sp.
Theater rD a'v No requ eius .
QE 52
PH1-3 9
Ordinance No . #### (2012 Series )
R/TA 101-1 1
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feBRu . y 201
TABLE 6 - PARKING REQUIREMETS BY US E
Type ~f Use er of Off-Street Po I -In Spaces Require d
RESIDENTIAL USES
-k F 1 ogre, itrJrni trey t he s ..fit #pence tat'. spares per bed'roern, wh che'rer s greeter
T
-I+ ties C -Y
---,"s
F lee s-:e j of r t s
Hon a ,.Fancyresid tatu e I7 e p
aIfs Ueet
eg
pers
gc
ors
r e 1 t: _2. One
H F cupetrean S ~r
nits 2sp~c--
e acme ti ssilydveNing s
t .5sp r ~t : 1 elm -.f
d -rigs
1 pet
3ar eac
1 -rneob 1-€e'12 kx e :11 z bedloorn to a un€t plus 1 '
ye th a flue -'_I- -e {' ==:rkintd reduction paragraplwe units in derelopn :ants of
nderif .9 i
s-Gorr€w+rerrs alen a3e
o
t --S 3dr 'fire juveY the ocr::t nts
y dwelt cgs 2 spa es ,eting. !n the R=I s aie space must be covered .
Sveands 2 spaces per u t
pa fl e
PH1-4 0
Ordinance No . #### (2012 Series)
R/TA 101-1 1
Alcohol Outlet Regulations
TABLE 6 - PARKING REQUIREMENTS BY US E
Type .of Use Number of -St at P,rkir€g Space_ Require d
RETAIL SALES
r €ftd wastlacle 2 f-Mal t
--~e,Wiese e r ,~~,~
i fi n
8 g,retail€ir=
Misting and lands .pe .811,or t .3t
K -1
rrGf .."d r 3_.-`.3t 8(aCl4Mlr so"#fe5are ?
t .-F
Bulldiaa 1 landscaper :a fiats sales, outdoor o yet r r---'t ndoarsalmi area
Car .€fi'I 1 _-'1 heavy equipment says and rental or `5€aref f part'$ k ;-I e
r ane spec ei--tsafr e. ', ?a .rr _a
Exte;7de ra, ail
F e fee t store C r p
sa
p ea pl s cane space per 2,ttOdt square feat out aor
Fuel .- -cI (e t to to ea pl€ s t e sp tee per 2,000 square feet outdo r
_F twat e stets C a ) sguarefee ass ft sees
6 ar ass r.r f n m .~..rec area
r e fl7 n 2000 sf, c€p to 1 ;[lCP0 sf one sf a
—
s t a s
Ge7serai retail - flfcare khan 15,404 sf, up tea 45,044 sf t? to spaces p- r :'area
General retart - t ac re fhst7 45,f000 sf, up to F ,040 sf A max&77urss 'one ar e .rest gross ttCtC or area, a th the e tcea{ ,•r r mare spaces i f
structured ern ti.-
G at rata -e tha 'it 140 sC, up to f 0 Ott0 at A maxilla
structui
feet r~r ass ttaorara ,rtlt the e n e sus i t
I Pt t C nesp ,e e a
G A-a ;l s .",-t r area
Li al Sacs One sp e per :sel l
fella and float ~s One'ep w s a te.—s stir.ce per 500 square fe€ t pelts sakes seruc e
c >us 2re aarea, plus o¢aa apace per a
I F -;2,040 sf o less €Jne space per :t4 i square fee': 7ss Hoar as
= ,e 4 ~.~.,, store than 2,400, up to 5,040 sf vase space per 304 square feet yaosa i .area
t Yfrtaf :ay aradlor seasonal sales See SectioB'17. 5 .020
Prot';e stand ._r r aria
Restaurant t r
Restaurant with late ho alcohol se v ce Sa t
Sere lee steton (see also " et7tcle se v ces"J one sp.toi ~#ai tr t two per service xay plus one space per f sure fast pump s
dafettocase stares - 35,400 sf or less gfe Pstlatm€ m are. _. -per :__._: ,, r ss 5oar sees
t lar l Ouse stares - more than 45,000 4fa A maximum c _ €
1 spec€per a
stnictured m!¢tirwev£tt psrkit is u
feet gross floor area, sit h the except n fe r mare spaces f
u
f1Ce 54
PH1-4 1
Ordinance No . #### (2012 Series)
R/TA 101-1 1
Alcohol Outlet Regulations
'_.~ t c t t i c
p("
z .',il~;.rtic,;
TABLE 6 - PARKING REQUIREMENTS BY US E
Type of Use Number of Off-Stree'. P ~rl,irrci Spaces Require d
SERVICES - BUSINESS, FINANCIALS PPRCPESSIOIVAL
:Th`c P;
.:,,:-.-r>aiservices ,----.Y .E@arefeet Q)f:xzran.a
l=;':I i c,,,{rdcee One teat -_square f
C1oB -SelrSYC'a5 e{ ICai si.r ice - Extend i r 'e
Mec c,:_ato 'argsot .etI1 CE I, deetai, end other health s vices'one per .re grrass iC "a e3 ,
C -@ -3cbr {c 9Ce•Paledre ,dental, and other health services: one per a care f LJC C3P.fr area.
-.{r aice -EXSe#7C'ied care One Space per fou ileth (adult):. one space (.let' f e. juaenile occupant s
-=miss --to pltt4 Lane space per 13 d
3
-;e -Ad Ce,"s 3ljr AS required fa{ F :ri.
f'fice-Hsiness end sendiceO'u it -par -a'?--a .
r~ff&C2 - 4s'overnmen$— _ _- _.-- -- '——..setro) RPoms ; errs per four $'ieed seat c or' i .-.—
Post f €entice area plus one space per raflg ,B:re
Ofd -ai Bid cinasrlratna ar€t ~P a
C. f rE°F -la{(LS oral her se _
Spec -e fit g . l ea.
-per 2EO equate a et - rcrns kmr a'tea All 4Nfhers: on e
Of ice -T mporarg See SSectic :'.fl8.t31(l G
Fhrdagrapher. phut sgraphic studi £One space per 2CPt6 square feet fit SSS dtaor area
7,1
PH1-4 2
Ordinance No . #### (2012 Series)
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 :
Of.SA t ;IS )~;s i
t 2 ZOi7li r ti "i~.tL.:Uq?t i
TABLE 9 - USES ALLOWED BY ZON E
Peron{ Requiren•:ert? by Zoning District
Land Use
AGRICULTUR E
Crap pacrductmn ami gazing A A D
Ckeenhouse, commercial PC
Livestock feed tot PC PC ,
t .JLtST7 ANltFAGTURUNG &P CESSING,ESA IN S
-,,
A A PC
3'tL
tot ..
3rnn m2itotae{unng, cabs et
D A
.
~€eear~.fr and development PC 0 D
Lall4ra{OTy -A#edac ri, anaip@eal,'reaearth ,
testing PC A.A A A
_
Laud ry.drys€eaning pant A
Manafactuth g - Heavy PC:
Mani€acturi ng - L€hi D A A
Pan pma 3e . artisan L f
Photo itm c~:R A
A A A
Rr ...>a C
Fe -,Et LI D A
Stoea :-_-teary A A .
Storage yar D A .
Waretsousir €odour nto aye A A PC:.
hniesal ng arid disfribu@cn t A A PC
LB MG
Bed art b eaklast roan D PC PC A r1 A
Hvrra ss defter t"rC PC A PG PC PC PC PG'PC PC PC 17 g.9 '11 0
Hostel PC PC A A _A
Hotel, motel A R..A PC=
Recreat rn l vehacfe R~"l peek accessary t3;i Croke€,notes PC
Vacation Rental 17 .22G
Key ;A = Allowed D = Director's Use Permit app
AID = Director's approval of tur%t hold,allowed
M€S3
PH1-4 3
Ordinance No . #### (2012 Series )
RITA 101-1 1
Alcohol Outlet Regulation s
City of SA 1.1 LUIS OBISpO
Z0111111A INA .) Ll,L i 011S .ry 20 .12
TABLE 9 -USES ALLOWED BY ZONE -Continued
+min Li :Air t
Land Use A G 1,4
RECREATION,EDUCATION,& PUBLIC ASSEMBLY USE S
Bari-tavem D D t7 D D D
Club, lodge, private rneedng lag D C1 A D 7 D
Commercial recreation facility - Indoor PC D D D112)PC D
Commercia€ recreation facility -Outdoor PC PC
Educational conferences D D D 17.08 AIC,6
Fitnesstheaith lad*A PC A A.D
Golf Course PC
Library, museum PC D-D D
Library, brooch Malty D D D
ight club D D D C D D Chapter 17.95
s e tasting room A A A A A A
Park mind A A A A D A A A
P edify PC D D C P C
PC D D D .Ka D D D A D(7)D(7)D(7)
-'cs ng school, elementary . nuddle,
sacy_a PC PC
alter campus PC
A -Mate
au es
iddle, secondary PC PC D D PC D
ed educatiorittaining PC App ND A A A
D D D D D D D D D 1 7 )8
Spar a active racreaton facility PC PC PC PC
Sports ar— entertainment assembly faciW PC P C
Studio - Art, dance, martial arts, musty, etc .A P C
Theater PO(8 D Chapter 17.95
Theater - Drive-ka PC PC
E 'DE I LL ES
d y PC D D Chapter 17 .20
Care ---A A A A A A A A A A A A A A A
Canveals or resteries PC A A D
Fraternity,soioriry PC PC
High occupancy residential us e
Home occupation H H H H H H H H H H H 17 .08. 90
Llvelwork units A A 17 .08,120
Mixed-use project A A A A A PC PC 17 .98072
kloh ile home as temporary residence at
building site A A A A A A A A
Mobile home park A A A A
Multi-family duaettogs A A A A D
Residential care facilities - 6 or fewer residents A A A A A A ND
Residential care facilities - 7 or more residents A A A A A ND D
Residential hospice fad*PC D PC
Rest home A A A A A ND D
Single-family dwellings A A A(2)A A A A D
Secondary dwelling units A A A A A Chapter 17 .2 1
Worldlive units D 17.08,120
Key :A= Allowed = Director's Use Permit approval required PC = Planning Commission Use Perri* approval require d
AID = Director's approval on ground floor, atowed on second 'row or above H Home Octupation Permit require d
Note :Footnotes affecting specific kind uses fallow the table .
pd■.CtE 84
PH1-4 4
Ordinance No . #### (2012 Series)
R/TA 101-1 1
Alcohol Outlet Regulations
City O=S<tl E~;i t 11 .-,.;,
TABLE 9 - USES ALLOWED BY ZONE -Continue d
0err.U.it Requ n-ent by Zonircj District
Lard U e F
RETAIL S Sgumartdve#c sa es and rental D A P
a'tu pari.5 sobs,~:Vlt 1u:n la(n Lf(e)A A
A9an pads sa .z, vakftx+ut laista~atean C?A.A A
I ~rid laude r .sa€es
Buk
rerfa€
„~®®®®,®~®®~~Extend twur re t -~~--~~0 0 L1 Li Lt C}B L}–
Farm s I feed store -~-~-~--~--PC A A –_Fuet de agar a ,
F3.n3 -store2.7€1 sf a -~-®~---r;(3j R A A A -®-~!r -M1se¢ ' ar __.~ ks1 ■■~®®■■r r:3(3 A A”®r®®
45,{T1 - (#ors n `,up €a
~~■~■■®~~A ■®®
e sf,phJ
140 ■~■■■~■~■PC P ■■■■
_A(I0j A A ti,Pt ®--
Lr~kor s for 171 1RAdvik h me,A PG -Ctfesuppanngre€as,2 [#,QOsf¢rlessUffce-suppo ng re4a . tvfare #! an 2,0(30,to5,4Q6 at
{3utdozrr ferripurary wRrtfcr seascrokaal sa's Cam,;,Praluce sfaetd
®®®®~,Res~tUrantRes~aUeattf H511s l to t5wr A€GU°h l xerrn a --------[j'[t [#0 [$._..
LPckgrrr Bbl,c „I _3 rant ~-~®U~[k #
S e stalon (see also "ael stir s")to D a #A 17.(8 C 0Vendsig nia6hrne ,,}ectxet 17_t~.BS€}17 .0110504Yarehousxstt~res-46,C00sfortens gfa D 0 Lt
Ydare#tause stares more thaw 45„i1Dfl sf Ufa PG PC PC
Key:A=Allotued 0 = Director ',ND = 'ectora awn ppronnl respired PC = P&.arrning Ca-miss kos Use Permit apprtarral require de
rl
Caster~ngservice
Ordinance
_C3 D A 0 A A
No . #### (2012 Series)
RITA 101-1 1
Alcohol Outlet Regulations
pAc{E' d5
City t7 E S \I'I 1ui i Ot iSp o
Z0lllir~:y'. i iL'tlI tlS ft)IkttR1.4'2012
TABLE 9 - USES ALLOWED BY ZONE -Conttntfed
Permit. Requirement by Zoning Distric t
Land Use R 4
SERVICES -BUSINESS,FINANCIAL &PROFESSIONAL
A'...,;1;I
I
I
A A A A A A A A
Banks and financial sevices A A A A D(~I) _ 0(4)0
Business support services A A AD A A A A
Medical service - Clink,lataorataty,urgent care D .0 D A 0(11)D(1 'I )
!Medical service-Doclx oSce A _Al)AID 0(D)L(9 .I )
Medical service- Extended care i PC PC.D PC;PC 0 _.
Medina& service -Hospital --_PC PC
Caxtuatescunthospita€~_PC PC
Office-Accessory A A A rs A A A A
Office - Business and service _A A AiD A D(4(0(0:1 D
0111cc - C,aouerrmtetot
_.___ D
PC A A P C
O ice-Pracessirceg _D - r0' -Ci -0(d)0(4)A
ofce -Production and achni ristrduce --A AiD AiD A D(4)D(A)A
Offce-Professona€A A7D AID A t3
Office - Temporary .Son rI 1 .0 _
Phatodrapher,photr gwapbic studio I
I
I
I
I
I
T
~`.I A tD PCAI
i A
SERVICES-GENERA L
Genacleq mausoleum, coiunabmium _ PC PC PC PC PC PC PC PC PC P C
Copying and Quick Printer Setvlce __A A _ Pt A A A A _A
ere-Day care center (ch -" "t}D(9(D(9) 0(9)0(9) 0(9)A A A AID A 0(9) 0(9)D )L r J .(9 i
Day care -Family day car tome malldarge)A A A A A A A A A A A A '0-:'.'lilt?
Equipment rental A A D
Food lo<znkfkxackaped foesd distr,utiato center D D
Mai tenarice service, eGent site services —_A PC
Mortuary,funeral flame -0 0 __.. A _D
Personal services A A.:A A f3 A D
Persenalseevices - Restricted -..D 0
Public safety (sallies -PC PC
Publicutiitybackhies PC --A A (7.09 .€€80Repair service -Equipment,€ergs appliances ,
etc.----A A _0
Residential Swart Services A A A A _
Social serve organization 0 A A A A 0
Vehicle services - Repair and maintenanceMajor A A 0
Vehicle services - Repair and maintenance -
RAatirs __PC 0 A A D
Vehicle services - Caraash _D 0 PC D Lt
Vele-r a riir=ictbacpital;buudng,lrrgeanmal PC Pt;0 D
Veier ii,A : f -;he dcl,board-atg,c k
anin,,:Ahoy 0 D A PJC> _ A A.Veer -y'tcIhccpttal,f ig,srcct1 1
aanti cur 'Q
A = Mewed 0 =Director's Use Permit approval required PC =
AID = Director's approval on ground floor, Mowed on second floor or abov e
Note:Footnotes affecting specific tend uses Mow the table"
Key:used
PH1-4 6
Ordinance No . #### (2012 Series)
R/TA 101-1 1
Alcohol Outlet Regulation s
tit?11<iU. 2012
CTt LU L ~ ' z7
TABLE 9 - USES ALLO WED BY ZONE -Ccnthi uec
it Regui eme -L~Fatriot
Land Use k P
TRANSPORTATICd 8 COMMUNICATION S
Airport PC PC PC O
AtMehnte, task and/or rout . 'in (Lip ct
facility'A D C
t`tennis .-••••',decoru :imitations {trues t}U U U U U U U U C U 7 .1E0 2U
Media Pr't tci - Broadcast Add A Y'f~t A A A.A.
Medi rip Bact€hotsiattidrn
artt ..~_._a U C E3 .
—
Met PC PC PC
€tar Faoi r P coy,P3 -rr tF-G _L3,ry
Par Fa - , - MA-le vel P Pt
Pa - Temporary F U U D D D U U 17:ttii.ftib
F as s U A
_Tea _ tt 'at or terms!PC PC ' PC U A .
Trar ._s .JJP A A A A A A A A
Truck or fseadht tertBNrat A A U
Water and wedlet-treatment plants ctc
services _i
_
PC
—
PC
Key',A = Allowed U Director's Use Permit approwat required PC = Pleianirud Comm `
AID = Directors appestat on ground floor,:glowed on second floor or atuve
F~xrtrwtes af€eetilag specific bud uses € Fow the table .
pAt)e S 7
PH1-4 7
Ordinance No . #### (2012 Series)
R/TA101-1 1
Alcohol Outlet Regulation s
SECTION 6 .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 7 . 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 tasting
room or food and beverage product manufacturing .
SECTION 8 .Chapter 17 .100 .R . Restaurant . of the City of San Luis Obispo's
Municipal Code is replaced and amended to read as follows :
Restaurant .A retail business selling ready-to-eat food for on- or off-premis e
consumption, which does not include alcohol service after 11 :00 p .m . These includ e
eating establishments where customers are served from a walk-up ordering counter fo r
either on- or off-premise consumption, establishments where most customers ar e
served food at tables for on-premise consumption, but may also provide food for take -
out, and establishments that provide food for off-premise consumption only . Includes
coffee houses, donut shops, delicatessens, etc . Does not include restaurants 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 such
meals .
SECTION 9 .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 10 .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 the
City's rules and regulations . It is the City's express intent that each remaining portion
would have been adopted irrespective of the fact that any one or more subdivisions ,
paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable .
PH1-48
Ordinance No . #### (2012 Series)
R/TA 101-1 1
Alcohol Outlet Regulation s
SECTION 11 .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 day of , 2012,AND FINALLY
ADOPTED by the Council of the City of San Luis Obispo on the day of
2012, on the following 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 Attorne y
T:\Council Agenda Reports\2012\2012-05-15\Alcohol Outlet Regulations (Johnson-Davidson)\Attachment 6 (Draft Ordinance wit h
Text Amendments).docx
PHI-49
Ordinance No . #### (2012 Series )
RITA 101-1 1
Alcohol Outlet Regulations
PH1-50