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Home My WebLink About02/17/2004, PH4 - TEXT AMENDMENT TO THE MUNICIPAL CODE TO DEFINE WHEN BEER AND WINE SALES MAY BE ALLOWED ON A SITE IN counat [A] ac En as REpoRt �N CITY OF SAN LUIS OBISPO FROM: John Mandeville, Community Development Direct9 911i. PREPARED BY: Philip Dunsmore, Associate Planner SUBJECT: TEXT AMENDMENT TO THE MUNICIPAL CODE TO DEFINE WHEN BEER AND WINE SALES MAY BE ALLOWED ON A SITE IN CONJUNCTION WITH AUTOMOTIVE FUEL SALES. (TA 108-03) CAO RECOMMENDATION As recommended by the Planning Commission, introduce an ordinance repealing section 5.36.020, and amending sections 17.08.040 and 17.100 of the Municipal Code for consistency with the Business and Professions Code, allowing the sale of beer and wine at service stations subject to development.standards to protect the public health, safety and welfare and approval of an Administrative Use Permit. DISCUSSION Situation Amendments to the Municipal Code were originally presented to the City Council on October 7, 2003 (see Attachments 3 and 4, City Council Staff Report and Meeting Minutes 10-7-03). Instead of adopting the Planning Commission (PC) recommended Ordinance to amend the Municipal Code and maintain the City's prohibition of beer and wine sales at service stations, the City Council directed staff to re-examine the Municipal Code in order to bring it into compliance with the Business and Professions Code (B&P code). The B&P code does not allow cities to prohibit concurrent sales of fuel, beer and wine; however, it does allow (and require) certain limitations(see Attachment 10, -Business and Professions Code, Section 23790.5). Staff has performed additional analysis and prepared revised language that would bring the City's Municipal Code into compliance with the B&P Code as directed by the City Council. On January 14, 2004, the PC reviewed the revised amendments and voted 4-3 to recommend that the Council repeal Section 5.36.020 (the section that prohibits the concurrent sale of motor fuel and beer and wine) and amend the Zoning Code, section 17.08.040 and 17.100 to allow the sale of beer and wine at service stations subject to approval of an Administrative Use Permit (see Attachment 6: 1-14-03 PC Resolution, Attachment 5, 1-14-03 PC Meeting Minutes and Attachment 7: 1-14-03 PC Staff report). Although staff's recommendation originally suggested a Planning Commission use permit to allow beer and wine sales at service stations, the Commissioners favored an Administrative Use Permit process due to specific performance standards to address public health, safety and welfare impacts. The recommended amendments also refine the definition of a "Service Station" and allow separate retail stores on the same property to be exempt from the ordinance if they meet certain separation requirements. Council Agenda Report—Concurrent Sale of fuel and Alcohol Page_; Analysis The regulations that limit the concurrent sales of motor fuel and alcoholic beverages exist within two separate sections of the Municipal Code. The first, and most restrictive, is set forth as Title 5 of the Municipal Code (Licenses, Permits and Regulations). Originally adopted in 1982, chapter 5.36.020 prohibits all sales of alcoholic beverages from a service station. The B&P code was subsequently amended in 1985. Section 23790:5 of the B&P code no longer allows cities to prohibit the sale of beer and wine from service stations. Consistent with City Council direction from October 7, 2003, staff is recommending the Council repeal chapter 5.36.020, thereby leaving the code sections pertaining to the sale of beer and wine from service stations under title 17 of the Zoning Regulations. Section 17.08.040 and 17.100 of the City's Zoning Regulations are currently in place to allow the sale of beer and wine at service stations subject to very explicit conditions. However, they are inactive since chapter 5.36.020 currently overrides these regulations. As discussed below, amendments to Title 17 of the Zoning Regulations would be necessary to be consistent with the City Council's direction and the requirements of the B&P Code. The amendments (Attachment 1) will allow a service station convenience store or mini-market to sell beer and wine if the City grants approval of an Administrative Use Permit. Under no circumstances will service stations be allowed to sell other alcoholic beverages that do not fall into the category of beer and wine as regulated by the Department of Alcoholic Beverage Control (ABC). The use permit findings recommended by staff and endorsed by the Planning Commission are as follows: 1. The establishment of concurrent sales of motor fuel and beer or wine is consistent with the provisions of the Business and Professions Code Section 23790.5. 2. The sale of beer and wine at this location does not constitute undue concentration as determined by the Alcoholic Beverage Control Department(ABC). 3. The sale of beer or wine at a retail outlet is otherwise allowed within the same zoning district at this location and the sale of beer and wine concurrent with motor fuel would not result in the expansion of a non-conforming use. Although the PC endorsed these findings, the Commissioners questioned the necessity of finding 2, which is a provision that is generally regulated by the ABC. Although the ABC regulates the issuance of licenses considering the number (concentration) of licenses issued to a particular district, the City becomes involved in approving licenses when there is a defined "undue concentration". In these cases, the City is asked to determine whether issuance of the license would meet "public convenience and necessity" standards. Under these circumstances the ABC would be bound by the determination of the City. As stated in the proposed Use Permit findings above, the recommended ordinance would not allow for new licenses to be issued for a location that is considered to be within an area of undue concentration. The applicant would, however,be able to purchase and transfer a license from another location within the City. In addition to amendments to section 17.08.040 addressing performance standards and Use Permit requirements, staff and the Planning Commission are recommending an amendment to a 1� Council Agenda Report—Concurrent Sale of Fuel and Alcohol Page 3 chapter 17.100 of the Zoning Regulations to revise the definition of a service station, found within the Zoning Regulations, Chapter 17.100. Currently, a service station is broadly defined as any property engaged in the retail sale of motor fuel. The proposed amendments would refine this definition to allow a separate retail use sharing a property with motor fuel sales to remain outside of the definition of a service station, and therefore, remain exempt from the regulations pertaining to concurrent sales. In effect, this would allow retail outlets on large sites, such as a shopping center where service stations are also present, to sell alcoholic beverages without approval of a use permit. The proposal allows the sale of alcoholic beverages to occur on the same property as motor fuel sales if there is a separation of at least 250 feet between the two points of sale. The motor fuel sales and sale of alcoholic beverages cannot share a common point of sale. Environmental Determination Zoning text amendments are not exempt from environmental review and staff has prepared a Negative Declaration of Environmental Impact (Attachment 2). The recommended ordinance adopts the Negative Declaration. CONCURRENCES The City Attorney concurs with the Planning Commission recommendation and believes the amendments will bring the City into compliance with the Business and Professions Code. FISCAL IMPACT When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which found that overall the General Plan was fiscally balanced. Accordingly, since the proposed text amendments are consistent with the General Plan, it may only have a neutral fiscal impact. The proposed amendments may actually increase the City's potential for additional tax revenue since it allows existing service stations to expand their retail sales abilities by adding beer and wine. ALTERNATIVES 1. Leave the existing Ordinance as it is. 2. Revise the Draft Ordinance. 3. Refer the item back to staff for any additional desired changes or modifications. ATTACHMENTS Attachment 1: Legislative draft of proposed Municipal Code amendments Attachment 2: Negative Declaration of Environmental Impact Attachment 3: City Council Meeting Minutes 10-07-03 013 Council Agenda Report—Concurrent Sale of Fuel and Alcohol Page 4 Attachment 4: City Council Staff Report 10-07-03 Attachment 5: January 14, 2004 Planning Commission Meeting Minutes Attachment 6: January 14, 2004 Planning Commission Resolution Attachment 7: January 14, 2004 Planning Commission Staff report Attachment 8: Draft Ordinance repealing section 5.36.020, and amending sections 17.08.040 and 17.100 of the Municipal Code Attachment 9: January 14, letter from Attorney representing area service stations. Attachment 10: Business and Professions Code, section 23790.5 G:\\CD-PLAN\Pdunsmore\Text AmendmentsTuel&Alcohol\Round 2(2004)\TA 108-03 CC rpt 2.doc "f' Attachment 1 Legislative Draft: Municipal Code amendments to chapter 5.36.020, 17.08.040, and 17.100. Chanter 5.36.020 of the Municipal Code repealed in its entirety: 5.36.020 Meebefie beverages Sale PFohibifed Exceptions, A..h i-s iffin-1-awful fer.any per-son te sell, effer-fer- sale, display feF sa4e eF other-wise fum B. For-the pur-poses ef this seetien " is effe ed fe ewil sale, ..Metre ef notia eeHjtMe68FI With e. use er- .. My tithe: et: :t.. business where fneter- fuel is sold as the pfiaeipeA use of the pfepefty. Sen,iee statien -ifieludo any are retail fe :l:ty of 5,000 s"afe feet er- less that efa r le , e l. d itd tangible ned feee n .. eec„.aer geeds rifaa fily fe« elf see b tl.e ,� e6A8ufaef. Chapter 17.08.040 of the Municipal Code (Zoning Regulations): 17.08.040 Concurrent sales of motor fuel and alcoholic beverages from service stations. Concurrent sales of motor fuel and alcoholic beverages at a service station other than beer or wine are prohibited. The concurrent sales of motor fuel and beer or wine at a service station singlepr-ewAses eretail eutlet shall be subject to the approval of an Administrative Use.Permit and to the followings A. There shall be no sales of beer or wine for on-site consumption; B. Beer and wine may be sold only in conjunction with selling groceries and other sundries and convenience items; Q No a nt ....ieS eu et sha 11 be established . .:al.:.. 1,090 feet of afty ; >, e.,le. f leer-e.....:. between n.nn. d 1 n..,.,. hib ted. z,. vc¢cTorvccrvz-vrncoccvn.cxr�-vcrp.ci:. izixa zv-P.xzx. �ec�ioxzioicca.. 1JC. There shall be no advertisement or display of beer or wine visible from off the premises; li pesters eeneeming the effect,; of inink driving, equal te at least the afea devet,ed to advefgsing beef-and wine; 6D. No beer or wine shall be displayed within 5 4-0 feet of the cash register or front door; HE. No advertisement of beer or wine shall be displayed at motor fuel islands and no self-illuminating advertising for beer or wine shall be located on buildings or windows; 1F. No sales of beer or wine shall be made from a drive-in window; 3G. No display or sales of beer or wine shall be made from an ice tub. Attachment -1 ISH. . Employees on duty between the hours of 10 p.m. and 2 a.m. who sell beer or wine shall be at least 21 years of age. A4 Applic-ant shall pay a fee, in an Amount detemained by resolution of +1 these Fequirements. I. For purposes of this section, "concurrent sales of motor fuel and beer or wine" shall mean the ability to purchase motor fuel and beer or wine at the same time or at the same place. More specifically, a retail outlet that permits a customer to pay for motor fuel and beer or wine: 1) at the same location, or 2) utilizing a single financial transaction, is engaging in concurrent sales of motor fuel and beer or wine and shall be subject to this ordinance. J. In order to grant approval of a Use Permit, the Hearing Officer must make the following findings in addition to findings contained in Section 17.58.040: 1. The establishment of concurrent sales of motor fuel and beer or wine is consistent with the provisions of the Business and Professions Code Section 23790.5. 2. The sale of beer and wine at this location does not constitute undue concentration as determined by the. Alcoholic Beverage Control Department.(ABC). 3. The sale of beer or wine at a retail outlet is otherwise allowed within the same zoning district at this location and the sale of beer and wine concurrent with motor fuel would not result in the expansion of a non-conforming use. Chapter 17.100 (Definitions) of Title 17 (Zoning Regulations): Service Station. "Service station" means any business where motor fuel is offered for retail sale, whether or not in conjunction with aRy-ether- use(s) minor retail uses such as mini markets and similar ancillary uses. "Service station" includes the sale and installation of tires, batteries and automotive accessories; lubrications; and the testing, adjustment and repair of motor parts, brakes, tires and accessories. May It also includes accessory sales of fuel oil, butane, propane, and liquefied petroleum gas (LPG). Service station does not include steam cleaning, mechanical car washing, tire recapping, body or chassis repair or painting, which are instead included under "vehicle services;" or the sale, rental or storage of motor vehicles, trailers or other equipment, which are included under "auto and vehicle sales/rental." Service Station does not include separate retail or other non-related commercial uses on the .same property that have independent points of sale separated from the motor fuel point of sale by a distance of at least 250 feet. A point of sale shall be defined as the actual location of the transaction including, but not limited to, a cash register or automated payment station. 4r LO t., t ac - - -2 III011�1 II�8111111N1�llll� u� �I eiiscity of sAn IuIS OBISPO 990 Palm Street, San Luis Obispo, CA 93401-3249 INITIAL. STUDY ENVIRONMENTAL CHECKLIST FORM For ER# 108-03 1. Project Title: Zoning Text Amendment 108-03 2. Lead Agency Name and Address: City of San Luis Obispo 990 Palm Street, San Luis Obispo, CA 93401 3. Contact Person and Phone Number: Philip Dunmore, Associate Planner(805) 781-7522 4. Project Location: Citywide, City of San Luis Obispo S. Project Sponsor's Name and Address: City of San Luis Obispo 990 Palm Street, San Luis Obispo, CA 93401 6. General Plan Designation: Not applicable(Citywide) 7. Zoning: Not applicable(Citywide) 8. Description of the Project: Municipal code text amendment related to service station mini markets selling alcohol. 9. Surrounding Land Uses and Settings: Not applicable (Citywide) 10. Project Entitlements Requested: Project involves a text amendment to the Municipal Code, Sections 5.36.020, 17.08.040 and 17.100 to define when alcohol sales may be allowed on a site in conjunction with automotive fuel sales. 11. Other public agencies whose approval is required: None (✓� The city of San Luis Obispo is committed to include the disabled in all of its services,programs and activities. Telecommunications Device for the Deaf(805)781-7410. ' L. �L.Lachment 2 �� IIIIII �� IIIIII uo SAn WIS OBISPO A 990 Palm Street, San Luis Obispo, CA 93401-3249 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM For ER#108-03 1. Project Title: Zoning Text Amendment 108-03 2. Lead Agency Name and Address: City of San Luis Obispo 990 Palm Street, San Luis Obispo, CA 93401 3. Contact Person and Phone Number: Philip Dunmore,Associate Planner(805) 781-7522 4. Project Location: Citywide,City of San Luis Obispo 5. Project Sponsor's Name and Address: City of San Luis Obispo 990 Palm Street, San Luis Obispo, CA 93401 6. General Plan Designation: Not applicable(Citywide) 7. Zoning: Not applicable(Citywide) 8. Description of the Project: Municipal code text amendment related to service station mini markets selling alcohol. 9. Surrounding Land Uses and Settings: Not applicable(Citywide) 10. Project Entitlements Requested: Project involves a text amendment to the Municipal Code, Sections 5.36.020, 17.08.040 and. 17.100 to define when alcohol sales may be allowed on a site in conjunction with automotive fuel sales. 11. Other public agencies whose approval is required: None © The City of San Luis Obispo Is committed to include the disabled in all of its services,programs and activities. `. Telecommunications Device for the Deaf(Ws)781-7410. 4 . hment 2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Geology/Soils Public Services Agricultural Resources Hazards&Hazardous Recreation Materials Air Quality Hydrology/water Quality Transportation&Traffic Biological Resources Land Use and Planning Utilities and Service systems Cultural Resources Noise Mandatory Findings of Si Cance Energy and Mineral Population and Housing Resources FISH AND GAME FEES There is no evidence before the Department that the project will have any potential adverse effects on fish rP< � and wildlife resources or the habitat upon which the wildlife depends. As such, the project qualifies for a K'�i.m._>ite de minimi s waiver with regards to the filing of Fish and Game Fees. The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish and Game fees pursuant to Section 711.4 of the California Fish and Game Code. This initial study has been circulated to the California Department of Fish and Game for review and comment. STATE CLEARINGHOUSE This environmental document must be submitted to the State Clearinghouse for review by one or more State agencies (e.g. Cal Trans, California Department of Fish and Game, Department of Housing and Community Development). The public review period shall not be less than 30 days (CEQA Guidelines 15073(a)). CrrY of SAN Luis 086Po 2 INrnAL STrmv ENvotoNNENrAL Ctt[cmesT 2003 L ,q A`ti-.:-" ent 2 DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and -X a NEGATIVE DECLARATION will be prepared.. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made, or the mitigation measures described on an attached sheet(s) have been added and agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant' impact(s) or "potentially significant unless mitigated" impact(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 4 '61 lezz August 14,2003 Orgnaipfe' Date For:John Mandeville, glinted Name Community Development Director CITY OF SAN LuB OBtsro 3 INITIAL STut7V ENVIRONMENTAL CNEcKusT 2003 4, AL,.:.-. ,rnent 2 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the analysis in each section. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A"No Impact"answer should be explained where it is based on project-specific factors as well as general standards(e.g. the project will not expose sensitive receptors to pollutants,based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.The explanation of each issue should identify the significance criteria or threshold,if any,used to evaluate each question. 3. "Potentially Significant Impact'is appropriate if there is substantial evidence that an effect is significant. If there are one or more"Potentially Significant Impact"entries when the determination is made,an EIR is required. 4. "Potentially Significant Unless Mitigation.Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant.Impact" to a "Less than Significant Impact" The lead agency must describe the mitigation measures, and briefly explain flow they reduce the effect to a less than significant level (mitigation treasures from Section 17,"Earlier Analysis,"may be cross-referenced). 5. Earlier analysis may be used where,pursuant to the tiering,program EIR,or other CEQA process,an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3) (D)of the California Code of Regulations. Earlier analyses are discussed in Section 17 at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information.sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate,include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached,and other sources used or individuals contacted should be cited in the discussion. In this case,a brief discussion should identify the following: !� CRY OF SAN LUIS Oetwo 4 1wnAL STUDY ENVIRONMENTAL CHEcKusT 2003 4-11 Y.L!J:;,-`-im int 2 a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on earlier analysis. C) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. • n.: Iv:l. �VW;1 XV V'I DV V(CMA1 11 r F1 1 ' 1 iiTBvltq r IS.�'�lots a[�)i}f� n t{1�7.' �"�'`I tW °"� .v Tom* ro �'rj1 171+iTilii`YI �i��SiiS-�iJ�311�t trc I�i�lf r�T-��iie{'Ti11j�,1111:.1 o�d tl !` �,. ■■-. J + IIII IIA�7 •�;,,,^]�i�5r r�:7::Ir�iltJ�r^tlr .+��r�.) q-71•M1. t I �.yly,t. it 1• t��,1.. /:_'1111 � f 1:at' i v y'i 'i��i�ii�ic��+ I+c 11 IT. AJ Sv F.:.MR.6 eiA �.11_1��111 Evaluation ' • 1 • 11 1• 11 - • • •1 • 1 •1• I" 11 1" • • 1 11 1 motor1 No impacts t• aestheticsanticipated. RESOURCES.2.AGRICULTURE Would 11 I :u t �"ir.�„ll II ��lll ii•ysr��E Icll r ilitf}r l,Z til+tf?„l:•olll tr1 II 1 f} �...+ [,yj:$+ �£Z '^` w 'E r j j� l I� I111 c1I1t; li�e�}I �11[ f 1•Ti 1(I�Jfr( .?^� LacC'7AIY.. 7`l.K i 1•R}�1 1CL llri's fl)11�\ [j�r� t`{.)Itfr�F. 1�1f IyJr MIIIt11P II�7tT�1tZf��(, yar .x'Yr.. "` 1 1 X'f c Ilii t rlil v e Y•'' F' �` t.�lS1 .7 �1�'x�[,111 t_t1�11J }11r IJv�e a. '� 1[ IIII Ill1e1 \cjr dttllvo�l f�'9 I at'�"'w^-t J' 7t'N� �1 S i t 1�.L y'k�., -'i e-.�)t ilF[a�R:1+41n r71}uT� �ill.�i11.>,e+,liljJ�IAne1)IIuI Il��nl�)IrtvI�II�S�.1..yy mom 9 T t Y':n ttiygy�r� N X93 145,E + m 'T gttrryitxa a�k7 a^�a)i J�� K"i yfili�tilr+�wti�Tl llil err lY��tI1�)11'1.F 1 Iit:L�x,t1�5{T!w I 'J[tiCs{�,��111��To nI YTiL".1 r£-.attoTce'"Il�lin-�itil...�,�~ �r�.->�' T ••t:n7."'%ral ...-&.1.� Evaluation Project involves : 1 : IU' 11111 to ZomngText to define •II beverages maybe sold 11the sameproperty motor vehicle fad. No impacts to Agriculture Resources are anticipated. 3. I' QUALM. Would 11 1 :J p��}u.'�krr s)I.17 111 th�1�',�11 rl{'rte f�rli.I II IG's`r..�elil�nl�li7�Il l�.y2 to{lI(;i�fe)� RE ^.;�� I �+. _ ..v�,y.,a --• r } v 3 v.�—mit r.... I .'. , sr >.�T s�� sr.e.. i �+--5./ � h t' •c $ '"'t.) 1 ,� 1 Y'f=ht a_ L �[ .• r 1 fiui�.l},nulundo-+li�`+rvu(ell}�a�N q(l ItPI{'(rl b)r�l lllti�l Lti ��v' ;jl t �11''e'�< NI 7h•i 1 la�ylalr iej�ui r Ini1 f� 1 olltA mil 1�y� F 1t1Su«� vc�� _s_ 1 ir.- "�-1 f�• V 'w"ry XS�� Y '4 T wT7'1[ +Y IIY'tlt+p>'SS•' M t�l Ih. < If"1.allln Ie�ciTiLZ.F F' ^I" ,� y h. c l I r I1+u t i y -,f"Y��.;-&- '3•nj .,�, •i• s }ti - +.+1 i t IC1'+[S• T4xV t173 ��)f C 1 Ila l j'� i)�l rl ll)f • ta.7 L( Inl I 111 71n1�tE i(lu lle k� •j� 1�� f IT-i•� ti [$[)��r<�i •,{t1 ' ..,} .71 a�•S.S 1�T7\-5.`' i1 .ar2.W^y^� t. F^ °+1'iY•�.',.i�.['.`F.v t111 .1�I+r.J. gi� 1+1iIY-1+`71e [ II �.1Y114Y}Tts-t. e, il atl[IIf:T,l4� ril a�I it^ 111 ^e+ i'Ir)i�iltel il`+'([I)flr.[ fel rwlr,rl��ty"i<<.ili 0. l:`�111J��S�I i7.�1�ft•f:f'e��211 L-f�;U.�c§3'�1�n.N.q'.. .. ✓ d 6z ��,. M1 SSSti Yw 1 + ,}�F�,r1 at33.Y�7�1�1 1 a�H.ytl, 1_.=,,�'y�l�.v �•+ }ir.i:7�11'\,7.'.�',1� aWYI 1kS -!W ti A ...-R. �'XJ1 Il 1� ) • .. Xe 1 {.'311n � :�.>'�r+S�i.'�.td_. ,- r Evaluation 1 - 1 • 11 1• 1 1 • 1 • • 1 1- • 1 I" •" • 1 • 1-the same1r0PertYA as motor vehicleNo impacts 1 qualityanticipated. 4. BIOLOGICAL RESOURCES. Would 1 1 1 1 �� rf{��..LI.IICX�'_l..Is�r,fy1��' 1•�yS�.f•7`,�d�Y ii��t {TL."�i(; +�Ii��J.11j�i I Iesgc � E��Yi 11(171�j 11t1Y}j'jj�t;lllr,l,�.�:tv(.11�.ytl l_,_II�♦<}}�N {��1� 11{_�I L�1�'..•�'� _ 1 I'M aI 1�1 '"'.i«li�{ dlli•� �^� ��'{33`�1�;,� 6i.. ��•{1�rj'.'3�ri11i11fS,-fr 1a1�,(p,�11.-�"t.1�lit�Irl, 'V rr 1�ti 11 � k°�S ,t nla V SnCr It11,1T' i e( +{"fittb r'{I � •• r � •�L. "�y-�T�'gf;r � 1 �,�"�zk �y�� u�T{{^ ��IIX711 a11"(Ij��,e�l t�Il,{ T.•LJ,•1t�'(}li�"�S�C'-{•��i-pltF i)Gi��f"ey�{il�.y�c`�r•� ,r•__,arAy? -�~''': -•max rs yi..ty,•eci. 11 I cr.� -,'ate, £.`.al 11{C5I it l�a,l k}��I,L'aK'ilp 1�1 /11{Ilt.ir<IlY . •'.s �x!"'`z} ts'r a>d's n {""•+ 1 ikl. �'J>li »y 1 ria.-U�1 *1. F•'i! il{�l�l e�lt_iE •1 tl`a�l' 1I�e"t {, oSIIYtI�««•5 r �'`(`.�e+*��I tf . ...... •)SIS✓C vlly 15 74l+stt 1 v. c tjK, • 114�1y��!?!f /a ' i ' s MENEM �i--' ti1l1tl�lrt S,tSiL6'" ((.a e .rl�iY�tr fr .'� !'-�",'i^d•i MEMO NONE 1 ."A(S .�} ...+• L-ri L .. rJy. S_i=.T•" �t '•ini4 �;},.zF' "tt�^a g L...Sl v 01 14= r.IE� C11 r 511`r),xr}i51F 1{K�+ (I 1�}11• mix 1 cyi�t y1y/�tL�,.T t.+.v le j �I�KlM1�l4tl�,lllr/ f~.'�Il•}, �Dill( i1 � • Ila_-1 l%1 .1, �1 � lt1Y�11 r'u axnl(�a 171i4 r�P11(fC '-r. p•w 51)Sa laq, 1 tit 11, �o c . y i t ;moi t .t iy'tL a ul I.LJ.T 5�y.' ' 1d�y`.azt 1. c C ri 1leCYa,t !Ills IiJr C•i_•)ICY•Il i Ith+ti a iS7 Ilultei;e 1, C Ijl q/ ilt��,f"��® r ...-« a•. u• r sv 1 '�'•r 'C li •er Illlr 5+f•}„Irlll,iig(f i�lx�r ieCs11�� -1-��S7�Ai��IP'1'� i - +)11I e i rllvi Iii,+il sl Pref ( 11 �r11 i ril+'1 SS5x i Si,•la- '` ..S y--^T { x,r 'ya."t 1 0 •, c+ir' �j' 'a>� i t {?ef 141,1 - Lyll� Gllt i'�1{ IIf+J`e� 114��e�'•�'J sS?�Q�7c i(f li.•!�' §«r.:c.. M 1 _-.-...fir Mvyr/✓!•l r)S1'IL' Il�:a �.•-.�ER�j'D, II��7�S77rr\32��+•,, a; �f s2�� `t lila,`,[e�ItS� e 1 ^�l�tlr'i'Il' !l:•-�I�y 11„v1E�j�`�.tt ls�lt��s`t!�yF T`.17 -a 1�c^-l. 4e+.�� 1_ r.'l S✓;•X 3'S-t J55 3 uJ"t: -r L -i'«�(int) 'I"x' t amay.t-1 II[I,,IJ IC.r�.[f 1`yl} IIt ICl �r1r�ttLl t 1i�,1, I al^lac.aura+�f `Y1- ltttt"� -afli l�.r'11 JYIt.��(�-k� V l,l�.x Ib •1� __t�ve,n�"I'•1a`mss..? ��C4d�1�•r.1�� Evalu : Ill Project involves 1amendment • Zoning Text to define • 1' 1alcoholicbeverages maybe • 1 on u property motor 1 No impacts1 biological • 1 anticipated. ri� f�C t ylliti.7, 11 rt 11 11�/-�i�vi Yly{� lu 11�t�}l Iii�i u[��qr�k'- c-';- IIA tail IJJI Ili J}�~-. `fS✓Li\rte-11 -1.: `' i1 1j, 1,17N - '.1 13.I ��l h _ 1 L -y 11 ar L C Y '.�• _ Fs}-„,t •r +'[�'t ! �--_— {r':1 1 nl tEt a t1111r�r .n 11 tC11nc� Iu 1P�1�} t I�;�I),Itoj�a`j1 tc11Ii1S4o�llrcry"J�a, i c� lnr vu:-t x)1111 n�{K F� aY�I��-[•i 1�(tli(-4'i"'�t��-�iwy '}'y$-�'{,i'�a�7�}'.r �yS.Sa�.�i��` Stii�i3 � r +Ii 1 11[r L51 ilnlJ_In rul oily i1' C11s Fin ,l'r n{�r+ 1{ a kt I C , 4. --�' �.� cr�tr�«� �.:e',�to�l„.��.-y�.::� ��`' .n.'iyniv' ,n3 .. Ir'1 �n�Sys C �K'r1•.y a^��t Evaluation Project I • an amendment 1 1 11 - 1 • ZoningTextto define whenalcoholicbeverages maybe sold •1the sameproperty motor - 1 1 11 racts • 1 I Resources 1-T'- f [• ��F-3 Jv. �V� $-� { ( A' I}pG t L t:STt'•1 ':a'q ��1�1�11{ �.1 I�IITi la(rJ�w�7 �-0 T�)IA'��i+-o L!.1:� IIT�•�7�'�t'1a^14F�� ----■� .t� ^'7.•,ir ¢ �l 1''1ly�§�i i�,e}ib�i��llJ i}"].• 1'� 1 L.(�i�71�ijt.2[�,•'i7�i�lr,�I*.f,( 111 � Y 1'r �� 1�� {k"� }'t'57." � +.71s a,•i- y"yY(r F��" 1L, �A.1 ,i T7e."1.3},Ik cre��,•ij5,��1J�71�.y �. '. ?�'�y+t(7 11�1'��• ��I t:h1 �� ■■- Xe Evaluation Project involves 1 Zoning . define 1alcoholicbeveragesbe sold . 1property. u1 • • iMocts to_mineral _.• .. .1 7. GEOLOGY 1 SOUS. Would 1 r 1 Y�� 51 •e il.-''S-�'7ijiY f=:IJ'r`',Iq`IY.]•i1'(r,j![a? �i i{�5:1�'�IIiT.'{�S'i� Y`.:Yi�l( 1/` a': .��--® +f M,u/,r,,1'1 •(ljl�lll i@.FJ � 1 1 r �yn_J-Y{yrP t A �ili! �1 IIItIFIrf 114 11G I�IIt� ri j��ri.t IrJa Irlii�l 'i-IT'�'ff,,,� iy lu�•�ir . . )Jc.rNGEr�I}ttrgl•)(Ir Igjl(.(tr lx^;a' I( MEN r <,tr�irytlUtl:�;;^ y. f t t'°�1 'jt�'�ad.][r.iJ -utr•gs ,7 x s {r>` r °$''i^`a�- F e'i[t f?Y!ltr,�(v r rj.��F'M1�y171t a�l„fi 11 LJ �i{Si3;G� Y��i�ll•/C�„El��l�.t yii��r/1.� t�!•,I�r•��r FL w^ .-tsR irl yr�l.Cle'•i I �r_.. �=t t1.l l •ir,'r13 ( :, a rt E�� ^i _--- 16? �Ira l!{�/_AI_rr r •el rirll yl IN N T tt' 2i� F,•� ��. ''�2sitk�,f�4-,-t"�^`�tz•'.er�s-��rd'fta•r '�fr P1f >r��•1r(!�11 i) utThj!SI Ci 1X �+&4n,.[� 11 v t ��• 3-. r.Y.,»tir'�i, ��F Y" ^>•y �'_-- E•I �[111(1,1 Yrir Y1 1 • ! rr\ler rZt�`itl 113 iA e�. I •L�� + iNIO F.'a ?., r7.re rlli'ai r)ilr � ri '� + : 1 c A rill. F�I Y' xel7 11111 �.1y k `�1 7r17 t le�}lrl lr�elr c1lP t!_ �I: Y 1J�. *.�1 � HIS �'T � s d�r Eii Rr1}117•` i{rlyFSt F f� tZ.6. MENEM ��"�iir.�ii'il�rk i�c ef�nvli•J�(�i,1r�4iKY3�t�/l�.�k,�.��i'73�i �'r]i`.:11�F1�f��er�7°�a,a''Yya1*�`�3 r "'eY'�)rit'11r�tisx Mi. °'+.K)J�". �T""rLl~'l � �.V�7'Iv1lh �M^rli r �ti'C'ii•p.� i �tY��t!�:r.Sl tr�al�l� SC._`..°) Flr �• "1`l;'� Iu��t-rr Via£ i?F � ,y Ir 'y�h��j f T. s 4 �Yti �.d.x a�,_ k•-..• 'hY. �s N.C 1,Sk^ i.-t�rAif•^Ty_ !.y c y'� i..�f {'l�(e'o�"1'IiJt� aJr r.��w 1r1.•Ltf ,.��eTl'} �. a��T tiiri�it la ! I��ti... 4 •11 j.i 1(�'.0 ai .NM1s z ,-L, z'--Tr >. 7. Sx y S !s� >2� +--. ilk■■-. ((�� 1�111�grrTt�+rlEtFiir CttF irla�iT, sr'}lelr/t Illi eTiir Ifte� c•7jfa2 F�J'�: E,i`!r-..,.�e 'iS'. 't. 1C„�t•R Y ,yea—+.'F�i .,�..r +.'�J^`��•6_..3h.'�'T'�,-,�� yf'X-r.�� 1 �t°rlLls i>r1 •1�.._.._'G' i,� ^^7'1' 4�i��Z rT_��-• .�a-'�r'-' ''�•v °1';. Evaluation • :u r • : r n' 1. 11 1 • I r r • I - I r - 1 r • I I I 1 1 •r 1' . 11' r •I motor velucleI impacts tDgeology and sods are-anticipated. ' 1 E oili 1 / r r I r r ' S) it -:,11' !riarrarl:iri�r+r�_ 1i•I iel rilx rirlif�y'"i'ear tr!�J�rl a�ccl IrrY3i�r 'til..,� l taT+rayial3fnr?'•i�';.rn3iCcY�Y rf.�Tn•r�s•in1'?h.�r^riA''Y r°IIn° �1y=ami•�)i•'}i'"Er1l�1�ii°°.1,'.�T.�•'?tl�tF>'at`I'`4 tiI�i��ASa�yF!�"r{'ryCrKnt.t�nr.Eyte NONE j Lal 'e,L �i 4atcl}rK�7r5 ' •- i�•"'•1".� ■�®�� ° cJ t11 iTt��lt�111 t1e r l�r`I r1 Il�� '"'lt)� rr-ir�r�}iji� r�fr �•iiTe Fi F�r}1.1��}}1 1.?i° uAi�airi of 't�h�. a li. n�r IT7irrlir Ise`Inle�lr'j1 1✓< "�y 7a _.. `.' -1. ti .t Li..''IsX. as i' :i_.a-y.♦ a y-��t mac. .n '^�'�! E liii�i r rY grist,!TI n�R�tilr7rlll�r7ltll�t�f»�Y�Icrte�r 11}t lar}fJ4lr av ir�`a�� y r✓ i ur,el�ll n li-.ei Ike yHi r liT•- �[ S 41r Whorl yr�trr ipf Its �^T'+ •1 i. sYj It •1� �..3i-A tt�l 'nor rslci�'.�..`� c. �.c�°Z t'•'S� Z�r;7"i I .Y... .+ •!jy M�ty'Tdaa pr�st'; a tit fY1�11, r •111�' r�r �e1�J 1�r11�ti(It 1Ctltl 11 Jj� 1tiFv}�tu)tY ll Vt I[/�Y�IL,y u�:1 �j■�-. ��t .Y t f) F .�,F,{ •l�r $�a 4 •4 i i.'tn t JCs`�s 'S t x. � 1 +.� lr ,AT`YrT �`pyi Ub _�".-tl i� r :.1 °>.�!ll if�It i 1ii< ntt]lu A4 tr 11yrjJtk ml t nor gEirr rFiro�eJr Ati It..1•+ �_� �i� r' rz it i i li, i �$.,� )i rrJ k� •i Sitr S•a Ci t( ilir ,(r1 h�C a t(1 ��•�i`1`i rV'i,,l:: a t p�° r�irt }iLE} �� ''111E4S tl rr�d�aE ul�ll vi�i}I rl�tri lti1 Y7..... . .n. Ir{ r�llr)F•�`r`Jr li[ j11�/rt Jrlrr� int aa. �A'i�-£��.,.•�ra�1,5.''.1i''a4Kt4.�°��• .�% s ^� .,u'4 "i -•+ cuJ"3 .y y x-.Ly�,C,'4 l- 'Y tl �S"ilf n� k�'fi MEMO !�a .`� Ar��..t •2.! i R.IY_I.1` 9C �'^ l L Il�f -"i' `tY'� �� 1a�{� x. t•Jirliit'+I { t�r1:5��.`+Siit`•eL� eln�nt Ktifl�i �Fj� rl �Ind f'�.ta. x�,-r r i= ,3�`YY I 1�•}. v"Rr10;411{ �il liT" D e`��arit-yL.ia>✓ j 's ,lnl'fpT tTiyT}'�`- G'"'ai]?ili ; r�. ��'! irli'1 II Y'tri{rF',I rl • re1)yii1 11\�Y i•�I �'iir{7-ru1 �aT�''�' 'xYY tiff. ,..-.�L. +..+.�2F rY i `•SX'-�� r r r:vsh' et7T-'�?} ��.■■-. �"�-1` I t I f.'r E, t(l'-' r• � 7Y a i �'7�1F1i1:•�ir µil!,lt��f�'xely`i i' a tiPr'Y .br. �PXI�t _b(`ZC •�� '�}tYy*Pry �' .3`: SL�Sa `�..r.F i. r '}I''+at t��T,. a�'.� V e i.�rT�i'��"yys��' 9 •xti.��f��v»,��r.2'"` • r �S�•i•1"�J r� �i) -i•1 rr'I'it'S' �'1'i!',l OMEN u.(a��'i'r y'ii 1111�:�� r �` rfIIP.YI(�InM 1•3�•t!_ t� ,�•,�'j1.� lr IK � u^ Ira �.�r',tw�l—+r.. n �; N,rit�f>r'-y?22��3 F. `" •�ly.y1 �.� >� � r,i L a"r(K��i�i1`.Tl r/}� i`i3'Y.�fe}et 1 a �t Xl I�Tll i, `�'1 a ( am �y".r`• !p H • A 0 • 1 I'• M r• . 11 u r 1: 1 r•^r. •c r Project 1 • an amendment to Zoning Text to define • • beverages 1 be sold on u property motor1 No impacts t• hazards and hazardous rte' . 1 ' 1 1ft W1 I 1 1I I FA rymbfl-E-Ti I i r r i^'i" to t•�e�i�? r�''''i rl ir.Fi�.�v r px ' I w. WIN: �it'}YY. �� i,etc• �t}`T' kL�f� .--_— tr r :ka��l Ili 1 1�Y 1�1 11 i t Y e'�jr o'3"t ill 9•+n°�irwg, iy 3lq� Ur",#7£ -01 A ,.tal5ryxMAINSri�.v, a. v Irt,r,} rp 1{f��.. 1ri11 C {wJ{f{ al i +• {.j� Itr[ ,lLIZir�r'i 1' ":Y' ,�n I''1`•e rjil�lr sir. E, 7 ix k- s a a its ,lr�rm- M�4 a& - r.,-', ,yf r TiYe� tSl:e G1e1-3�(�I`I ��riii }Irier�i:u olrjiµol Yo .+ " v :. �:'Lts< i cAlr,.•...-.� >'y �v`(- f .'c�.c�Fr 'xz�ll-1"iwG: Zip,;"� i1. 1�1+>'IIi I11� �E��Sa�s "* � }�f ..YL e}r ✓�hllplrLll�bvg.11�;,I uf�S:7 ri��utgle.-ra(f {--r7f.t, °-•, µ Iw-w�� .n 8" yr t �'+, `^•y1�,{.^2f '3m I.c ^s r`s tlrrh' i"'��vTttf .s l.�.faw7111''tic i E �if�7•vll�i!'�'.fi"S'l i�„t7�T' tTII�T 1'�i�n S'.0 ^� 1.. w.it W x! ..L r Y.-yyv"9•t;.t` `L .Zr f J1 `w~,t+��ll o>tsv( �(rr(e,ZirS{ �iir"•1•�livi ll:c�vE.Ililt yrin•r' {t YSr.+r�� R�' st~ tL t c'! —�.a tt tx .T i'i .yr> # :r•^c, � + �� ur 1F�� Iir�'ill i r� t•�I. rl'i i'ji"�{tl•1\ :7i(i,�i�.7 ul. n rll it -Cy e�iJr�<�iR�c ?il c� IsihY r , 'ti yl,, irl �cRs-Ir�.tvr ltt Y 71�t.1n� i�i�vti lc Y1. c{i t� SI ��•>Int c � ? } 1.Fli3� `+ a F�'�r.�� a$Y �'y�`��k'31�Y` d}Nf r I'C'ts�+..�fgi ;pb} llu di uut)I� 11��1 p{..r yt.•t_rli{1l. r r r11a�,"oYl nen cel li��l?✓Mi rfy. �®■�® a'.�1�171r"TIr Til }ci/liliv3r llii•l� . II(1{ ..vii t i la'1117riY liF'tf�o'7'��k�r'.}�.R r1 X {{i i1�e,i1 IT},jl 3Nf Ivlylt7r''2 x �y�Fciaz.<' .a7iG ya'i_! �'S '"�y,'Si h.} pL tllb I{i'�Y�l3'r lu �4�iiii� Ilr ill�y t� let 11 (IjITq�' }1 •cr-rt'b�! MEMO '�t�`-i It+r Jiln hril uii�`�ii ll�i'�'y lklf•Ilfl��i.lyil�[i��ik�!1�Tsf�614Y1 iii�v'cil�,l}�1��' '1 "} {tom R �.ff�'`{.' +.�Y � ^xh' rem.7Kt tt 44 i<'s< eS i1,ti 11 f S s/•15I(�� . iK' • 1w r� t�IIII,,*,��. il,)JJt F S�E I{cI+ 71 .j,�r{t1�1 , Et it 1�•�•I� Ir YI-1-r1I..��r}�1 �IIYIIjIaI• ' .�r�� I'.+t1�+7{`e��.Frvir ttilii�Cl i�l 1�{"1 '.'� r^^sui vtt Ilii :!{. �'If G. �{r{v�3iii�S itleLl.irl"Yr c.� 1�ItT✓� s {Ilrllt Y 6E f��CS tl�I�.'`'er,.K�l rs nrl: i�tlyy.'YIT�� lt.-�� 1`1��'{.,a �,.t+"+� 1`Ilt! li,i,, vr..�,`�Iric,yl ij�t vi i�f�r .'l.t.w•,�rtt t.: � L'+�'f , { i it't% lir Il,lrl �r 1��'. ,iirnll'x �f"ct4 nl i.-1�`r7r3�r 11 ra��r'li rJ ftlOMEN �!i{��r(+� {, r �reliil �ch 1�•f:�� tl! r �'+' I I rrir ?;. C� rr 1I�1�jrr ielf�Arxir i{r I v'I�Ir� t17: v�c +I+e�ty�?,{�t l��rta�f=l r��?'fPo i:'r?.:_.�� .tr.n:al��_'.�[cJ�7!�. �.SY.:SL•�<11NiV.:.,.�''t�'_..'�i3"..w 2, Evaluation I • T : I : Ih- 1ClnC7-t2a!-mq7uing 1 11 - II- ' 11alcoholicbe11 sold II 1 : 11- r •1" as motorvehicleNo impacts 1 hydrology IIwaterquality materialsanticipated. I LAND USE AND PLANNING. Would the project: E r•{ T� iGt it•I,. [rt v:F��it t_ I�T��ri'1TM ro�•r t t. I �•�X��ali,e .t r o�i'(i'til a¢t'il �r� 5�.z`w"3 J Y +moi i•� e5 r� •, : I{ a fir„ 1. 1,( R1Ti�r 111(•x%[„✓) v :d .. . j: i� 3?lxv :+tir�..�"�'{,� �f j F�.;'��'){ YY✓I�S^,r.� q15:sry{{..�+�5,+. Sf,JH � �w�'u r r�, �'�.L �f� {�fM{'S'•��JMIN .' 0". -. a..iC'{�1i a-t��lyl�l'fTil w��•411 �i„"'Fri,. ✓ Ir�i�rl;��r •Il 1} II .�''yY"S T'I n ,iz�:aT•'>+ 7.1„ JT t Kt. k T. ° S{k'h, ✓•n nP� • n : I o I 1 GYiX. Evaluation ProjectI 1amendment1 Zoning Text to define • • beverages may be sold on I same property motor• • • impacts to General Plan Policies or other city policies that are adopted for avoiding • I n 1—impact aanticipated. 11.NOLSL Would r i the project re.t' I �il S,`Ci`j'�i�•�,��=�•) a,��i/� � {7i��ti•� • ii4�i�t.:r._:1�_CS 'L•�K�---- r • • : w .• i . r. f.o ♦ v 1 1 vl Ia.. . 1.Y1f�� 1�Y{ rl �`J.��.RE L�i� 111 C. •'` �� sTM r I'yq-y�}c•di I py j�3yf•C:�1.L,r14J171 �Y{i.,,.^ r1�1..fit-�11�C1[,1[,IJ A'r�L�/to'�,�t11 _1;N�,15'.""rT.1f�ySCr ..ii'1'c ^ivlFl�1]iiM t �4r, SK rt• a i� 2.n� �'•:�t .C-i li'i"4a 1�1 1Nl'Z.it 1 GII!( -`.1111 rt1Y 11 ;S 7 3 �i.� 16 Aj. "�� 7.L�a4r +.± 3 $vim-if ° yv 1( {11wG1�1i Y2111I,jS 1r�zt14 rn 1 lIl Yi lly Prlt 711 114 iI R'•l 11{r•f' 1. ♦T wy� ,rs- Yr' Li}+�.�. r"r'-^ SiS 1S CS}h✓" i�S`��u' rl � MEMO +� ♦ Y qq yy !:. r 2� � .,<,,,,• d T` I s +�` Mr"yr t43�r 1 �� '�Y A....1�l '"" '�S• ' yr iF` �ut`a ',¢1.Y^".>_° IY� 'a '"••. ' r 'A �- 1- >ax� Yf IY �• r+ rpt�•Avu 1) 3�f"vi`.zrJ�l°a�1,,rT " 1ruc..t-.�.S'its;:ti. �„ C�•»(}q�yt�, n1 1 .0 1 �� ja ,'�S:PLW eil�•�,sr`JYFt•� 1 ,�7r1��:' Al� t'lif.�a r ,'i�c N-3]'3'i�* ( -- rr Ti e11i^ t i�h`t a u7•� ffr Pi fit, iii.. Tl: uq.�•SiL TiTi iii' i1r.i1 1 e yy..� -r' "x L e se'Jf' .`: +. N Yka'r«a`,.-�) .17u*`✓R..� +5t1r$1 o 0 tY'� y'2'7t• rTtl .S- kilvl I.�T�`q�iliy•lie 11 elfi�ri1. ,1�y1.lecl�.�I}'lIF• r1-t n y 1 �. t- -'s a �.-`f ^4.:tw Y •t'�-4+\7i.•i K �t �'i�'-:7N w�� >;F.}cNEON � 9. 11111 �<.`l; Jal�lt"�r+.t'v f1�iF fy��l e�d�all�111 lit�.l a��lr.�'yt re•-4 Evaluation Project involves 1amendment1ZoningText to define whenalcoholicbeverages maybe • . onthe same property motor - t f4el. 11.' 1111IA 1 1 . 11 12. ' , HOUSING.nWould I 11 project: rl 111[�1+111 of 111 Y1i,.�ta�11.(IeC•1 1. J1H 1P!� 111 lu q1't L Iltl� r 1(1L✓Mlr/ai x�.:,j,�7,�G#+�jl+ �1-r-.•� t� �( ny .•y N�Ar^ ��V^ Y ,e ,1 r rN, 11J P rXPY'•'C" '�p"tia'r��clr� I<T111•,i�a.��ii r111 ul.7�ii1�yl�.'li1'I�tll `'y .)2�;e11L-lid 71,�7'ty� r'j(r.�l.�" -a J I -:�T��a rat Zt�: +�' c.,rt_ .�w a'tW -..•�vy�.✓i :a.�v a £ �Il ei7a a�iSe �• r�>11111)1,?`rllr�l�llaet I .1t<fl �"fl 1�1-'ZrLereil �(II[:"� .r^T•r-v{c r ?. .,.fir-� a'.�"`_.1�, ...r rF}v 1r.��1a 1 irr- 3�p�iX t�^ol `7+i Z��».r�7r.]r,�'{e�111r�} t•� T'a'A•.x�S�Y'•�L.ILU't�p�,�7rjr r k n tTtf�ix r��.• .�' ��.. y � �.2^ T �1`JK..yy .Y' A•1 �T4�R'SLI YJ �} Ca' �i'},T<F„ [ l 1D�11�If.1.1 t:11.� 11�Y114tf-i� 1111[11! t .)r � 3. 1{ilt'lIL}Il.`i�lll l,'�STI�7.k v7a � e r rnl 17i1 Y Il�y1 c1 e e 1 ul . a u1 '�i(r Ills Ily I ��.k-�;il�I '1�F'::. � G i1Th'4��•tll'K_.z y�,��^ri�J"4'r�3:3.1-r" Evaluation l 1 • 1 : 11 1 1 11- 1 1 •1 I • . 1 1 1 . 1 •1• 1 besold o1 1same prop-rty as motor 1 1 uSERVICES. : . 1 1 .1 : 1 1 1 and. 1• 1. 1 : 1 1 1 e. 13.PUBLIC ' 1 1 the project result 11substantial physical 1111 4associated1 1 ' provision,orneed, physically altered government fiacilitiesio the construction 1 which couldcause significant 1 1 1 1 e: impacts, 1order 1 maintain acceptable times, 1 other ormance objectivesfor any 1 the public services: -�� •r" ' kr "L_'.- Gr.yYx 1:,il F 1TE-t'� r.yy5},.vr s•I -��-■ �■ r�`li ZIS.. Irletl .1111SZ � yr�.1 �. ry r l- -xr � a: ;y L." 1 Y11:Y �� 4�E.� 8y ya.lk)1��^� 111n��j ^�K r}rf t55i �''c7"-_-_-_-_■}e�'r`�. �i�' �If il✓ of ar)i r�ll r �llr n ,�,�tS i1�11 r 'u))r 7 ..r y,}'^x.« y'asi ra 5'ti Cie): ) FL ; �1. "17 t t r i.. irirr ■'k Yr,'�•■ S. Ir '/ �1r r?s r r t�sH_---■j i. j,v i 1 .S r c � 7`•11»v}.*�•,•r-- i �"a r tr � 1 f o li.� rc 11^ n 1. it i S1 X ylfvu 1 lt1 r �� i � r,_---.^' ■ Evaluation Project1 • amendment toZoningText to define .1• beverages maybe • • •1 the sameproperty motor . impacts 1 public anticipated. 14.RECREATION. Would the project: - . I .I.�1 I I r Il o i'+ .I:•' J .�. F" 4 7 • 1 . 1 f. 1 .• '''+, 11t�`l�t~'�.j`��,1•ri•�l�l� � 1 �i(�r ��4-lili}-�lj1a�t�r�� Yrif•k y + `nx=4'a ,t :>I,^ "r•;,L`•�i,e Uryr1`S � "7. >r3�(1}�.�'i��{1a ML 1�5. I�l. .i'�iv 1 '4i�1 1. �j3f•�•7 y�1..eT.j�.l�`.�;. . O+{_A147.1-F-1 . � MEMO ��Il 11{�JU1E T?>�1�.� �•� = r 7" 1 1 "y�e 1[11 L,�i1.I7_I,•1 11) ti", �4 µs'ota'?5+i?l�" vera. ' • « 1 1 - 1 1 1 - 1 1 1 • 1 • • .- 1 1' 1 I • 1 . •.- F • � • • 1 t-. I I O M 1 . � 1 1 f . • 1: 1 motor vehicle fuel. No impacts to recreation facilitiesanticipated. '�I�� i av'uill t Ie'7 .f• .V 'L'MIS 'Rf 4i� ul•rl<� , Ili�,�"/'7�'in 8111 Iw��iii�r.lI1A-.1ayTa s LI•F i�a(� v•Illy.�i1`.i}, 1 i ��`r u1�niC ��4x�1*�i 6;p!'a•Ifi.� vro:rt n,JS, ��ed E4 •.ry i�'�'"�711i �'iifer IIFy7 11 a1 t,�+ rG"fa o a Y�� CEiGr rzi. Xr zhrf �/,s4c e .i �' ` . a..S3F 9'"' ,.a■■.. u''- j�f11I'( � eil IYIIlJ�Tj•I Lj'i i1�Y.n"i.,+�`J•7,�a 1 V�ITi'�J e1r II��l�"{t l`I�a`�S ' ti.11F a{ f•)11 tlt..j'� � S `ksi•k'i•..-m w s ✓�,I•'•v.�'�1a'�'.�vS�`"I••��a' t,x. 11211x"—Ilk l-rTi 17T II I1 yN. t3K } py„atr,ti• j. _--� '��}s sl��.ry lj�t�ltili f.�Ji'l ltt�}q 1t?`'�`•1'r �f�;'+�ri'•1,��1*�T"�.Jt� � t- _--- . iar r Cir+il`e i��r Itllt�left 1}i-`e{LI:l ltn•i�� I 1 e e rifiYl�9{( rlr rt'�,�,^^�f�`a-t • J 1} 1..-•-r-� 1'�,`J' .+-s ��l �{,i:ts'G!i>.'��iL�yv -,. cy: nc ul.xitrn letr)14�`_• Lai Ii1vn.nl' il`�"2�� rl'c�,} r2•�i>}�.-tT�'^,'S'tii�`��S =.q C:IAr1Y r !In Iii` elitev�II}'C ul.•j'C)i�1,yl d,l aetilnel A1�iuKI ( u a� t_''"ai r r jy � u1 I Y1 Uif11u11 Ylty�r If V, it il' lllilll[IrYr gyral i`��}•{{ ■■-.III Project involves 1amendment toZoningText . define I .1• beveragesmaybe • 1 •1the sameproperty motor -.Ifuel. . impactsto transportationfacilities • traffic are anticipated. 16.UTELXrM AND SERVICE SYSTEMS. Would the Project: �� s7r`J tis+r C l� r 11 r 1 nn YITt r� Illt .yI.I±. Iii. a Iul Tr rS .-'�• �yc's� ��ss^^zz��''"��-�_ `.*. y l -T Y•a li'�1.`r`17 Tc Cjlr 111 �ilii It.Jf IC'aR �.A.�a•{i+J Sf�°E� 1�} 'p 64� t 1 t � 7W -GI 3a T� <4- 7 1T a�,�.�[IIVy`I• I If} Y 11u r•1cq 1 vdll u :i iii Zp gy�VJlr�r 1�e�il'ry`� INONE titrtel�.it,t i•� {y,: J• u1� Il cr ti r i If.�t I} Il ui)i1� r Ir I .FII IFF91t •111(e]! ul YI•Ion � ce'=. .rl lil. j{y rl lltll}1 �II�iI�I)Ii.+IElla r(,i)Il elft ll�(.I il< r,�11 FI F��Ii„`}�,w.ar„�Y-,y r .� •'+ a - r+ t 5' SI'r � � z, r.3•J l r„�^r}�-•.,�.�h.7Y i-S'' +3.1111 i1 lI}r iL.efrr illi i�Yll a.2�"y�„73.�"a I rel x(t^� ''.a TY�=a� r y,l s Ilr-A ........ . . V 1 ylu.1�(�Ytl lxl'e�}IlY�u ✓.rte n i}tl]Jct a_1 MEMO -a-:1 1 )Ie Cjnl •la `�I 111 J...1}111�}Ilr ll�y tIL� ^)Il,s'.7,Yr t)t IL��1� Ily�fy��'G't r}' r s5lvfit.! r! r.lf r`rx •li. j.I .(1�1.7'c ,rr '->:,y .. "'S AIy.'fz r��` It� l life 111 t li' ( ellll�'llh)i}��'li1'.'y„�,7•r t Il ji;'•vTrllt:Tl tr�•�`Te],�?��+.G IfOMENEM 11 �F Y tl 111 a� e l�II11 i�•0� 5 i IIr It I✓� 7cl ell + �^[Y:+• n r rt j 1.1 il+✓ r xalrll�iTti]� .jr i}rel v??I� 1'ir�Siili 111 aha fl dell �c{`�•� 1 r fr, i r C.F.1 fy 1IY�.ItLij ilF� lY 1�r X31 1r1�1I;i�ry, .11•{111 tit; I•!iJ.`.� �i:•J } LL �_ .�.1 a .i �T atatnurl 11}1�S uTT'�r•��.lq}-r . ��I�•'�t k�t'I t1L7�o].v llaL �'[' "..e. 1f.-.- C "'•S'i.'�9n,^C7�YY.�t .'p r'-"yi Jls i s��#�` l�� '1.pi'�yli1J11(_�r•)�1)1 lilt) �3'��=%i= r��r�..z��.')j^ia?'�_c�.i7.'R`"`r�+•"s-+,+-r s .. Evaluation •mwr-jtftuvolyes1amendment toZoningText to define beverzCyaj1 hLjaW . I jj2Tar, motor vehicleNo immts to transportation facilior trafficr r. e• 17.MANDATORY 11 1SIGNMCANCIL j9 DT��Ii'1�in•r� 3'a}'7r 1�"C��,yi i��r I} e fr ��;-rril ar�ilfl rr {�iil� tr S"E-TFC.�tu41z '1°r+�y.`V+w +g-v .�^Jyl+r 5co�7".�,.t �.t_• �.e. �"'}iC'eI{•I��„x,�.j 1 • �I��I aiGir7ji�"rl.)7'{��o C9 i1-• / r i' � .x��i Tlit; ti ii`i�1.91>.C'•liX, • r��"ir'i}�•�lI �r�il y'�•�..', e r li��^A. a. +. �.ryi!)�q e Y^. L7Y�I'i'1+t . t t"{'yt.•'�y{, ,,"Y}�p��.ir•r 4.0 r1�-fl',k� �+� 1 Yi C�r 1 1 1�� a�1}7i1i(�Y/��.�ill�ilit�?�111J fll�l+�t''�f�ll��•t STt s > Y9l-.•.f Grp r i+1'19:.! �'tl.tr v �).1 .J r�r, YI ,�g, nr •o - `—M. 1 r Ir yy�}.Ma ---a— 'r .E-�a vJ1iS!d " �G��.-tcf�i��l�llrfrl lfl�!L:.:�.k�I,��.S�S}:'ii1�7''�`•�i�11i t.�r�+ #a'7i11111Y el�j �n'^o�i1,�1 a�Ir-. :3+F"'+C l�li17��uf� yde IX7t. it 3L LII �I 1 t.lt il�:ilir �Ilr-i Z 17� I, r�•� e tl �"T" 0 i . t . �� IF�,wt �1 tl� 1 i(`vtlt 7ft �3i1 ill o Ja31,y o t� 1�.� iucl ~ t. ,, A'xJ��.��Y�i S 1(t�'�•1� 1 n�.l {ul t�� 11 �1 Y ��1. i ,!� 4 n � �'! p'hi., •:G �sda•C n� J C� Y1 I L•"�F�.E. s'iV•'1 Ige'^1 `°�),i'4'j`Y1,r �,o f"fi�.tl�l tFJr1 rb , illi ITS(•,\ jI FI�'1�f,�'�'3.}y+'.- ■ -�, xev i4 `,<!-• Ry«ri.�.- mY'A..- � te' 1.7� � -m7 > '7..v^ .'-''Iry=' �� I �.�:<Yn{�1(.V:1 i.li1).11 „l/ai� Itis It lel Jia�ill,li Ili lllr-Te�il lr � If rii! y�rt7•rj<r illl ly'tleZ�y i.?IiTj.�r` (I�CZr 1.ea•ayXy.��1�� fc�)'"I�r�oil;�-'',e Y`"vI^•�—••�T 4 ��q eli"A,-1-- ( �.,n E I.11(IIII `i�e�t L)I�JI IQ'fl �.J Y' t'l Ili�Ix . .:� ( A•l�J1 o1 .'• vr"y' S , f - '�° i'4t w^� r•+tl-4j` i �` r f �t ^1 r` ' ..�l.Alifrl•t"if�i}at 7e�l�e�relllit7'�II �% S- +:-.'_�i ��f_ s P.��-t'�•r:"3' �¢3 �"��'S.�•�1 �. ,[ Ylir� i�,•��_f r14T'� f�>�J:.!�_�. af�'. li(}_u i1��1�A7 �r:! .C:�7 r1�i1171t`Ju_.�•,{�-_�!itia�ls`a,�,�,�!71�•.y.i1 .t1.1'ti 0...11�•,1�:) 1 •9 REM C: 711r.j T . i 1 �� t•r � J(al3t 14 l Ili(ff j I�i17. It.Jili�ll�rh.t T IT IZ 6'111[' j ii1'�i1r11 �aan3ft)t Yih • '`l 7Y ft y.�._. ,1 ..�-.�J n � ;m h. � �. t'--V j-.�.�L -,.�.4.7.�A.�d•�.�. �,�_..e.�'..+.la..�+....>��.�...�...�..+��. �..'s• np}�i,••1lnn ni�r:ril r i nn��iltur Xl nl ri�Yur uJill�„�lij lf)rlk'Yru.{:I-"i��F.��Gl�f Fi(��I�e w'3� i1y�e 'of ,( n :1a arj��,��!;t •'>,.rr -r�.�,- s t';�•r-�k ��.•�z. c..x:atS s 7 .•n- ,y't. 'a�I+ r r:.. -r r�`�u�. � '"� �5`V�ait�it_�lll�i`ir 7: Ii1.. ,iY;L:•,'al 1�1YT"a Tr+Gl ill `fi"n�•• f1�t�" �-^y#e�� .. �. .�57`�v�.�'tJ: t_.�...T j.,T��4x`�a,��r..P�'.�3^..�R^�. afF Tlii�•ll••��X un nl el o�"`«i li�ic-il�n�F/ xlfl�rita j�itd'i��E'! �'�f1e . r 1 . ..: �[�M�i ' aej1-"'Fl�uiliil7it Bila tr x ..-r t• h.•S'r_.-d .a r f v� t.r-.� n �_p. .�" y - •-'�7 u 7 L.w 7., Fii li?1t o o al. iT''1f a I �'�,.�•. 5 l L l 1S y� f uti�J'-iirli lilt Sin c'1 a�ij'l: awl IF{lit`C i F f .yr, 11 s ILMI �{.,1-�-1 717 1 . Wit �.yt' �` '' ry� iv..' a-,1.: h-err.z i.. + f i•`f't f d • fi° :�.. ..y�'y i t �>'d•w f. Z"'s.ti�f1+ h6 .fti� $,+�+y✓ Iri"•.• i•�f ,;f�S y*,�1t+lall a�ftll`l ly 1 I.11l Il 0 � 1�iF�t+1'fk';td.}:�{��+•�� ,f� ff 5...'YMtt4 CXS+��i .�-•.Yil� t 4��Y4tulry':-Lr��Y�F -.a..}•F�yM�a�?�FI� . .��V {t 4f! F N...�.:�5 u�•�� 4...�r�.�tvdt..u.-...1�_`.:_-]_... -f �..Y:T�.3 Y�..iv � }f .v �.'n _�f 1 City of SLO General Plan Land Use Element,July 2002 O"Min Genexal Plan C=ul=on Element,November 1994 ® of • General1Noise11 1 PI 1996 ® w 1 • 1� :11 N - 11.- 1 111 ® . • General1Consetvation me1July1973 1 • General1 '1 - Conservation ' I I 1 April 1981 •1 . • Water and-WastewaterElement, ". City 1 I IAs Obispo Municipal Code • � tltl 1• 11 . I 11 Mo 1 I - 1 - . 1 •t 11 •t 1 • t t 1 1 u 1 . 1 • 1 .• t l :l • -•. i . r. Attachment 3 City Council Meeting Page 11 Tuesday, October 7,2003,4:00 p.m. confessed that he,too,would like to make s adjustments to the map but noted that he too will support it. In response to inquiry from ViceMa ulho[land City Attorney Lowell clarified that the Conditions of Approval require a Ho wners Association and CCR's approved by the City Attorney. ACTION: Moved by Schwa wan to approve c: Adopt Resolution No.9490(2003 Series approving the tents ve map,with conditions,and based on findings motion passed 3:1:1 (Mulholland o sed,Romero recused). At approximately 10:45 p.m., Vice or Mulholland called a break,at 10:50 p.m.Mayor Romero reconvened the meeting,m go beyond 11 but only with item 5. Council continued Liaison Reports and Co cations to the next regular meeting. S. AMENDMENT OF THE MUNICIPAL CODE AND.ZONING REGULATIONS RELATING TO SALES OF ALCOHOL FROM SERVICE STATIONS RA 108-03). Council Member Settle disqualified himself due to a potential conflict of interest(owns property within 500 feet of the proposed Costoo project)and left the Chamber. Associate Planner Dunsmore presented the staff report Mayor Romero opened the public hearing. Mary Beth Schroeder.2085 Wilding Lane,urged the Council to not create any loopholes and not to allow a big box store to sell alcohol. Anne M. Russell attorney representing several locally owned gas stations(see correspondence on file in the Office of the City Clerk)asserted that the 1982 ordinance is invalid and illegal. She argued that the proposal creates a loophole for Costco and advised the Council to repeal the ordinance,revise the Municipal Code and avoid a lawsuit Deron Brewer,1348 Nipomo Street(owner of San Luis Chevron and Foothill Chevron),said the law was started to prevent robbery and argued that because gas station robbery prevention has improved over the years,there is no longer concern. He urged the.Council to treat local business people fairly and apply the law evenly. Mayor Romero closed the public hearing. City Attorney Lowell provided background on the current law and explained that the Council reaffirmed it in 1988 for a variety of reasons, including the fact that they didn't appreciate the State taking away the City's authority. He added that the law will remain in effect unless repealed by the Council,or called by the Court invaiiid. He advised that there is the chance that Ms.Russell's clients may wish to test the law in Court. Council discussion ensued. Council Member Ewan pondered whether there is really any meaning to the ordinance and questioned whether the prohibition of concurrent sales is even valid. He suggested that the Council may want to consider dropping the law and adopting something more in keeping with current State law regarding the sale of beer and wine. Vice Mavor Mulholland spoke in opposition to the proposed action because it will accommodate Costco and discriminates against local businesses that have lived with and abided by the rules for years. Attachmerrt 3 i City Council Meeting Page 12 Tuesday, October 7,2003,4:00 p.m. Mayor Romero said he was not comfortable with the risk of having our ordinance tested in Court and overturned. Council Member Ahwartz remarked that he was not convinced that the City has a legal problem and offered that the Council should go along with the Planning Commission recommendation. City Attorney Lowell proposed that staff come back with a review of the use permit process and explore how zoning regulations could be properly amended. CAO Hampian added that staff did what they were directed to do, but in light of new information and the testimony, he asked the Council to provide further direction. Police.Chief Linden voiced concerns about what a change in the current prohibition might have on the community,particularly because of the amount of underage drinking problems. She asked the Council to give her the opportunity to do some research#nd bring back information in an organized format about the impacts of drinking and driving before Council acts to repeal or modify the 1982 prohibition. CAO Hampian explained that it would not be possible to do all of this before considering the Costco EIR. He noted that the Council will still have to make a determination based on the rules currently on the.books and decide whether or not they apply to Costco. City Attorney Lowell advised that the Council has the ability to interpret its own ordinance, but cautioned them that the one they may be relying upon may no longer be valid. ACTION: Moved by Mulholland[Ewan to table the matter and ask staff to come back with more information at a later date,which would include a revised proposal consistent with state law re alcohol sales at service stations,a definition of"service station"and research that the Police Chief can find regarding drinking and driving; motion passed 3:1:1 (Schwartz opposed,Settle recused). COUNCIL AISON REPORTS Deferred because of time. COM NICATIONS Mayor Romero's Communication item con ued to October 21s` There being no further business to come be re the City Council,Mayor Romero adjourned the meeting at 11:50 pm.to Tuesday,Octo 21,2003 at 7:00 pm.in the Council Chamber, 990 Palm Street,San Luis Obispo. Lee Price,C.M.C. City Clerk APPROVED BY COUNCIL: 10121/2003 LP.,jo 4� Attachment 4 council !� °� LA � ac,Enaa Repoat CITY OF SAN LUI S O B I S P O FROM: John Mandeville, Community Development Director F e--3", - PREPARED BY: Philip Dunsmore, Associate Planner SUBJECT: AMENDMENT OF THE MUNICIPAL CODE AND ZONING REGULATIONS RELATING TO SALES OF ALCOHOL FROM SERVICE STATIONS (TA 108-03) PLANNING COMMISSION RECOMMENDATION 1. Introduce an ordinance amending a Municipal Code Section 5.36.020 and Zoning Regulations Sections 17.08.040 and 17.100 pertaining to sales of alcohol from service stations as presented by staff to the Planning Commission. 2. Notwithstanding the above,consider revision of proposed Municipal Code Section 5.36.020 to include a distance restriction on ancillary retail facilities to service stations. CAO RECOMMENDATION Introduce an ordinance amending the Municipal Code Section 5.36.020 and Zoning Regulations Sections 17.08.040 and 17.100 pertaining to sales of alcohol from service stations, including a new distance restriction incorporated into Section 17.08.040 regarding concurrent sales of fuel and beer or wine. REPORT-IN-BRIEF The pending Costco application with a gasoline sales component has raised the issue of sales of alcoholic beverages from service stations. The City Council directed staff to prepare an ordinance modifying the Municipal Code and Zoning Regulations to clarify requirements pertaining to sales of alcohol from a service station. The attached ordinance maintains the current prohibition of alcohol sales from a service station,but modifies the definition of a service station to apply to a business where motor fuel is sold as the principal use of the property. The proposed changes define ancillary retail facilities of 5,000 square feet or less as a component of the service station, therefore not allowing the sale of alcoholic beverages in such facilities. The existing regulations regarding concurrent sales of gasoline with beer and wine are also amended to clarify they apply to a retail outlet that permits payment for both motor fuel and beer and or wine: 1) at the same location, or 2) using a single financial transaction. Also, no concurrent sales are permitted within 500 feet of any other establishment selling or serving alcoholic beverages. (Note: the existing and proposed concurrent sales regulations, Section 17.08.040, do not take effect unless the overall prohibition, Section 5.36.020, is repealed or declared invalid.) -- Attachment 4 Council Agenda Report-Concurrent Sale of Fuel and Alcohol Page 2 The overall effect of the proposed changes will be to continue to prohibit sales of alcoholic beverages from service stations, but will allow a warehouse storeor other large retail establishment that sells alcoholic beverages to also sell motor fuel, provided such an operation is otherwise permitted by the City and the State. DISCUSSION Situation The Planning Commission(PC) reviewed the proposed amendments on September 24, 2003 (see Attachment 1, PC staff report). The PC voted 4.-3 to recommend approval of the amendments to City Council as proposed by staff(see attachment 3, draft PC minutes). On a second motion that passed 4-3,the commission voted to recommend amendments to Section 5.36,modifying the text. recommended by staff. The amendments proposed by the PC eliminated the 5,000 square foot maximum size definition of an ancillary retail use of a service station and instead recommended a distance criterion between a service station and other point of sale selling or serving alcoholic beverages. The text proposed by staff reads: Section 5.36.020 Alcoholic beverages- Sale prohibited-Exceptions A. It is unlawful for any person to sell, offer for sale, display for sale or otherwise furnish any alcoholic beverages from a service station.. B. "For the purposes of this section "service station" means a business where motor fuel is sold as the principal use of the property. Service station includes any ancillary retail facility of S,000 square feet or less that offers for sale prepackaged food items and tangible consumer goods, primarily for self service by the consumer. " The textrecommended by the.Planning Commission reads: A. It is unlawful.for any person to sell, offer for sale, display for sale or otherwise furnish any alcoholic beverages from a service station. B. " For the purposes of this section "service station" means a business where motor fuel is sold as the principal use of the property. Service station includes any ancillary retail facility only if the point of sale of that retail facility is greater than 200 feet from another point of sale on the same parcel serving alcoholic beverages. Staff stands by its recommendation, and below discusses how it has incorporated distance restriction language similar to that recommended by the Planning Commission into the revised section 17.08.040 language regarding concurrent sales of motor fuel and beer or wine. History In 1982 the City Council adopted an ordinance prohibiting sales of alcoholic beverages from service stations. While the staff reports to the Council and minutes from the 1982 Council meetings are not available,the 1988 staff reports indicated that when the 1982 prohibition was adopted various cities in California were instituting similar laws in order to combat drunk Attachment 4 Council Agenda Report—Concurrent Sale of Fuel and Alcohol Page 3 driving; furthermore, crime at such establishments was a concern of San Luis Obispo's Police Chief. In 1987, in response to pressure from alcoholic beverage lobbyists, the State legislature passed AB 140 that amended the Business and Professions Code to preempt local ordinances regulating the sales of alcoholic beverages from establishments that sell motor vehicle fuel. Revised Business and Professions Code section 23790.5 contained an exception for ordinance enacted prior to 1985, but indicated this grandfather clause only applied to prohibitions that included alcoholic beverages as a broader class of uses or products. In 1988 it was felt the City's prohibition would not fall within that narrow exception, so an ordinance regulating the concurrent sales of fuel with beer and wine was drafted. The 1988 staff reports reiterated an important purpose for the ordinance was to address issues of drinking and driving. A 1986 County of San Diego Department of Health Service study and a 1986 report to the California State Assembly Select Committee on Alcohol and Related Problems were provided to the City Council. The City Attorney opined that an argument could be made that the State's new legislation was invalid and therefore the City's prohibition was not preempted. In light of this, the Council reaffirmed its earlier prohibition and indicated that in the event it were declared invalid by a court of competent jurisdiction, then the new regulations (which the Council also adopted)would then take effect. This is the reason both provisions are currently contained in the Municipal Code and the stricter of the two, section 5.36.020, is applied. Section 5.36.020 contains an exception for service stations selling alcoholic beverages before the 1982 prohibition went into effect. One station currently sells alcoholic beverages pursuant to that clause (157 Higuera). A research of other California cities has revealed that many similar communities maintain ordinances that regulate the concurrent sale of motor fuel and alcohol. Some communities such as the City of Danville, Contra Costa County maintain a complete prohibition against the concurrent sale of motor fuel and alcoholic beverages like San Luis Obispo. Most local area communities, however,regulate concurrent sales through a conditional use permit process similar to our"backup"provisions found in our Zoning Ordinance Chapter 17.08.040. Analysis Local gasoline dealers argue that the current prohibition of sales of alcoholic beverages from service stations should apply to Costco. They contend that either Costco should not be permitted to sell gasoline, or the local gasoline dealers should be permitted to sell alcohol from their businesses. Neither Costco nor local gasoline dealers are responsible for land use planning and protection of the public health, safety and welfare of this community. It is up to the City Council, with input from the Planning Commission, staff and the public, to determine what uses are appropriate and where. Making decisions of this kind may result in a party feeling he is being treated unfairly because he is not allowed to engage in a use on his property that others are permitted to have on theirs. However, such decisions are lawful, and are inherent is providing for land use planning and protection of the public health,safety and welfare. Attachment 4 Council Agenda Report—Concurrent Sale of Fuel and Alcohol Page 4 In this instance, the City Council has indicated that it believes the prohibition on sales of alcoholic beverages from service stations was never intended to apply to a warehouse store or large retailer. The Council directed staff to return with minor revisions to the Code to clarify this intent. The Council is empowered to interpret its ordinances and to revise them. The proposed amendment to section 5.36.020 (set forth in the attached September 24, 2003 staff report to the Planning Commission) replaces a broad definition of service station ("any business where motor fuel is offered for retail sale, whether or not in conjunction with another use or activity") with a narrower one ("a business where motor fuel is sold as the principal use of the property," including any ancillary retail facility of 5,000 square feet or less that offers for sale certain items). While the Planning Commission has suggested alternative language for section 5.36.020, staff believes such a revision is.better suited for the proposed section 17.08.040 (see discussion below). The staff recommendation for section 5.36.020 makes clear the prohibition of alcoholic beverage sales applies to mini-mart type operations at gas stations. The suggested Planning Commission language is broader and may extend the prohibition to uses beyond what the Council intends to regulate. The proposed amendment to section 17.08.040 (set forth in the attached September 24, 2003 staff report to the Planning Commission) provides for no concurrent sales within 500 feet of any other establishment selling or serving alcoholic beverages. The current prohibition is 1,000 feet. Proposed subsection L provides that: "Concurrent sales of motor fuel and beer or wine" shall mean the ability to purchase motor fuel and beer or wine at the same time or at the same place. More specifically, a retail outlet that permits a customer to pay for motor fuel and beer or wine: 1) at the same location, or 2) utilizing a single financial transaction, is engaging in concurrent sales of motor fuel and beer or wine. Staff believes that another revision, along the lines of the Planning Commission's recommended change, is appropriate for insertion in this section as shown below: "Concurrent sales of motor fuel and beer or wine" shall mean the ability to purchase motor fuel and beer or wine at the same time or at the same place. More specifically, a retail outlet that permits a customer to pay for motor fuel and beer or wine: 1) at the same location, i.e. on a single parcel and within 50 (fifty) feet of each other, or 2) utilizing a single financial transaction, is engaging in concurrent sales of motor fuel and beer or wine. Staff has included this latter change in the draft Ordinance presented to the Council. In 1982 and 1988 the City Council explained restrictions on alcohol sales from service stations were necessary in order to reduce the potential for drunk driving and to discourage crime. In 1988 studies were provided that found a correlation between alcohol sales from convenience stores and drunk driving by people with alcohol addictions. The lawyer for the local gasoline Attachment 4 Council Agenda Report—Concurrent Sale of Fuel and Alcohoi' Page 5 dealers has provided to the City a 1991 Purdue University report prepared for Atlantic Richfield that found an insignificant link between prohibition of alcohol sales from service stations and reduced incidences of alcohol related traffic accidents (this report is available for review in the Council Reading File). At the time of this writing, staff has not located any additional research to support or refine the effectiveness of prohibitions of the type in place in San Luis Obispo today. An important point raised in a 1988 staff report is that: greater availability of alcoholic beverages leads to more drinking; more drinking causes more public health and safety problems; concurrent sales outlets make beer/wine more readily available for drinking. In a community comprised of many young people, living independently as adults for the first time, the City Council may not wish for alcoholic beverages to be available for sale at service stations because it does not want to greatly expand the number of locations alcohol can be purchased at. Yet, to meet the needs of others in the community who benefit from the convenience of shopping at a large warehouse or other retail facility that sells both alcoholic beverages and gasoline, the City Council may allow such sales from that type of facility. CONCURRENCES City Police Department staff concurs with staff recommendations and believes the amendments proposed by staff will not impact the City's ability to implement the intent of its ordinance limiting the concurrent sale of fuel and alcohol. FISCAL IMPACT When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which found that overall the General Plan was fiscally balanced. Accordingly, since the proposed project is consistent with the General Plan, it has a neutral fiscal impact. Furthermore, since no changes are proposed to modify the intent of this ordinance, no fiscal impacts are anticipated to result. ALTERNATIVES 1. Leave the existing Ordinance as it is. 2. Revise the Draft Ordinance. 3. Refer the item back to staff for additional amendment. ATTACHMENTS Attachment 1: Planning Commission Staff Report 9-24-03 Attachment 2: Planning Commission Resolution 9-24-03 L�'glip Attachm- nt 4 Council Agenda Report-Concurrent Sale of Fuel and Alcohoi Page 6 Attachment 3: Draft Planning Commission Meeting Minutes 9-24-03 Attachment 4: Letters from Anne Russell, Diehl &Rodewald Attachment 5: 11-1-1988 Staff Report Attachment 6: 11-15-1988 Staff Report Attachment 7: Draft Ordinance amendments to Sections 5.36.020 of the Municipal Code and Sections 17.08.040 and 17.100 of the Zoning Regulations Available in Council Reading File: 1991 Purdue University Report regarding the effect of banning common site sales on alcohol related accidents in California. G:UPdunsmore\Text AmendmentsTuel&Alcohol\CC Staff report I.doc �,r Draft Planning Commission Minutes — Attachment 5 January 14,2004 Page 3 Commr. Caruso moved the staff recom ndation to uphold the Hearing Officer's approval and deny the appeal, with the hourb of o eration being changed to 8 a.m. to 7 p.m. Seconded by Commr. Christianson. Commr. Loh su ested.a condition be ad)d that a landscape architect be hired by the a licant_to work diligently with the nei ors to resolve areas of conflict and that that landscapina, trees or dense shrubberl to buffer the noise be incorporated into the proiect. She did not feel that noise is s es had been adequately addressed. The motion maker and seconder accepted the a endment. Commr. Boswell had concerns w' the noise levels and proposed mitigation measures. AYES: Commrs. Carus , Christianson, Aiken, Cooper and Osborne. NOES: Commrs. Loh d Boswell ABSENT: None ABSTAIN: None The motion carried on a 5:3 ote. 2. Citywide. TA and ER 108-03; Request to amend City regulations related to concurrent sale of motor fuel and alcohol; City of San Luis Obispo, applicant. (Phil Dunmore) Associate Planner Phil Dunsmore presented the staff report asking the.Commission to review the proposed Municipal Code amendments and to recommend that the City Council approve these amendments. He explained that the proposed amendments repeals Section 5.36.020 and amends Sections 17.08.040 and 17.100 of the Zoning Code to define when beer and wine sales may be allowed on a site in conjunction with automotive fuel sales. He detailed each of the changes proposed. PUBLIC COMMENTS: Mary Beth Schroeder, 2085 Wilding Lane, spoke in opposition to the request. Darren Brewer, 1438 Nipomo Street, noted his attorney, Ann Russell, has submitted a letter on his behalf. He felt that the ABC review process was in conflict with the City's use permit process in that each one requires the others approval. He noted there is a moratorium on Type 20 (off-premises beer and wine) licenses and that he could not get a new license or add to the concentration of alcohol permits; he must purchase an existing license from someone else. COMMISSION COMMENT: Commr: Christianson moved the staff recommendation with two changes: Section 1 Finding 3• Strike the language "Establishment of concurrent sales of motor fuel and beer or wine will not be detrimental to.the health, safety or welfare of persons living or working' within the City and" and that Finding 5 be changed from Planning Commission Use ��/ Draft Planning Commissii... nAinutes attachment 5 January 14, 2004 Page 4 Permit to Administrative Use Permit, which would also chance 17.08.040.i to read "The Zoning.Hearing Officer must make . . ." Seconded by Commr. Cooper. Commr. Cooper expressed frustration that the Council sent this back to the Commission and ignored the previous recommendations of the Commission. He felt the Council has the authority to adjudicate on this without the need for sending it back to the Commission. Commr. Osborne felt this issue is a Costco-driven loophole, and he could not support it. AYES: Commrs. Christianson, Cooper, Aiken and Boswell NOES: Commrs. Caruso, Loh and Osborne ABSENT: None ABSTAIN: None The motion carried on a 4:3 vote. 3. Margarita Area and Airport Area. SP nd ER 73-00; Margarita Area Specific Plan and Final Environmental Impact Re ort for the Airport Area and Margarita Area Specific Plans, and related Facili es Master Plans; City of San Luis Obispo, applicant. (John Shoals/Michael D e) Continued from December 10, 2003. Commr. Osborne stepped down from articipation because he owns property very close to the Margarita Area Specific Plan ar a, which constitutes an appearance of a conflict of interest. He turned the meeting over to Vice-Chair Caruso. Deputy Director Draze; distributed cope s of letters received late in the day, on this item. He presented the staff report, recomme ding the Commission discuss the final program environmental impact report, take public t timony, provide direction to staff, and continue the hearing to February 11, 2004. He exp ined that the Prado Road issues would be addressed at the February 11th hearing, and aff from affected departments will be in attendance. Planner John Shoals gave a project description and PowerPoint presentation on the project. Maggie Townsley, EIR Consultant spoke on the individ al resource topics and discussed the types of impacts found, as well as the significant co clusions. PUBLIC COMMENTS: Mary Beth Schroeder, 2085 Wildling Lane, ob' cted to residential development in the airport area. Douglas Gerard, NE comer of Margar' a and Calle Jazmin, felt the proposal is outstanding. He noted the environmenta assessment did not address the preservation of wetlands, and felt airport noise is an is a that could be addressed by aircraft not turning north towards the city until reaching an Ititude of 2000 to 2500 feet. 4, '09 - Attachment 6 I RESOLUTION NO. 5382-04 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION RECOMMENDING APPROVAL OF AMENDMENTS TO CHAPTER 17.08.040 AND 17.100 AND REPEALING CHAPTER 5.36.020 OF THE MUNICIPAL CODE— ALCOHOLIC BEVERAGES AND MOTOR FUEL SALES,TO THE CITY COUNCIL TA 108-03 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on January 14, 2004 to consider amendments to the Municipal Code pertaining to the sale of alcoholic beverages and motor fuel; and WHEREAS, the Planning Commission of the City of San Luis Obispo has considered public testimony,interested parties, and evaluation and recommendations by staff; and WHEREAS, staff has prepared an Environmental Initial Study in accordance with CEQA, and has determined that the proposed amendments will not create significant impacts to the environment; BE IT RESOLVED, by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. 1. The proposed amendments are necessary to bring the City's Municipal Code into compliance with the State of California Business and Professions code, Section 23790.5, pertaining to the combined sale of motor fuel and beer and wine. 2. The revisions to the definition of a service station will recognize current land use trends and allow multiple uses within a single parcel in addition to motor fuel sales and the sale of alcoholic beverages where appropriate. 3. The City's new ordinance will be similar to the majority of other localities within the State of California. 4. The sale of beer and wine at service stations will not reduce the City's ability to limit excessive density of alcohol sales as controlled and determined by the Alcoholic Beverage Control Department. 5. The sale of beer or wine at service stations will be reviewed on a case-by-case basis subject to review and approval of an Administrative Use Permit. A Use Permit to allow concurrent sales will be subject to certain findings and may be discretionarily approved or denied based on such findings. SECTION 2. Action. 1. The Planning Commission does hereby recommend to the City Council approval of Municipal Code amendments as identified in Exhibit A. ( ^ Attachment 6 Resolution No. 5382-04 TrocH 108-03 Page 2 On motion by Commissioner Christianson, seconded by Commissioner Cooper, and on the following roll call vote: AYES: Commrs. Aiken, Boswell, Christianson, Cooper NOES: Commrs. Caruso, Loh, Chairperson Osborne REFRAIN: None ABSENT: None The foregoing resolution was passed and adopted this 14`s day of January 2004. zez onal Whisenan Planning Commission Attached. Exhibit A r' - Aftach ' I Resolution No. 5382-04 TrvzR 108-03 Exhibit A Page 3 1. Section 5.36.020 (Alcoholic Beverages-Sale Prohibited-Exceptions) of Chapter 5.36 (Service Stations) of Title 5 (Licenses, Permits and Regulations) of the City of San Luis Obispo Municipal Code is hereby repealed in its entirety: SfikrMhibited is UnIa"fu!for- wvy per-son to seA, effe.-figr- sale, display.fiei- sale er- ethens4se fumish mly 2. Section 17.08.040 (Concurrent Sales of Motor Fuel and Alcoholic Beverages) of Chapter 17.08 (Uses Allowed in Several Zones) of Title 17 (Zoning Regulations) of the San Luis Obispo Municipal Code is hereby amended to read as follows: 17 08 040 Concurrent sales of motor fuel and alcoholic beverages from service stations. Concurrent sales of motor fuel and alcoholic beverages at a service station other than beer and wine are prohibited The concurrent sales of motor fuel and beer or wine at a service station ink premises er+efaii eutle shall be subject to the approval of an Administrative Use Permit and to the following: A There shall be no sales of beer or wine for on-site consumption; B. Beer and wine may be sold only in conjunction with selling groceries and other sundries and convenience items; E EC, There shall be no advertisement or display of beer or wine visible from off the premises; F Imide the prtynises; there shag be space pfwv"M Or- publie SeFWee posters "bit,. aAwr*irW beer-and wine;- �r32- Attachment 6 Resolution No. 5382-04 Trb.:R 108-03 Page 4 6D. No beer or wine shall be displayed within 5 40 feet of the cash register or ont door; #_E. No advertisement of beer or wine shall be displayed at motor fuel islands and no self-illuminating advertising for beer or wine shall be located on buildings or windows; IF. No sales of beer or wine shall be made from a drive-in window; JG. No display or-sales of beer or wine shall be made from an ice tub. KH Employees on duty between the hours of 10 pm.and 2 am who sell beer or wine shall be at least 21 years of age. M Gouneik I. For purposes of this section "concurrent sales of motor fuel-and beer or wine" shall mean the ability to purchase motor fuel and beer or wine at the.same time or at the same place. More specifically, a retail outlet that permits a.customer to pay for motor fuel and beer or wine: 1) at the same location. or 2) utilizing a single. financial transactiom is engaging in concurrent sales of motor fuel and beer or wine and shall be subiect to this ordinance. J. In order to grant approval of a Use Permit the Hearing Officer must make the following Rndings in addition to findings contained in Section 17.58.040: 1. The establishment of concurrent sales of motor fuel and beer or wine is consistent with the provisions of the Business and Professions Code Section 23790.5. 2. The sale of beer and wine at this location does not constitute undue concentration.as determined by the Alcoholic Beverage Control Department (ABC). 3. The sale of beer or wine at a retail outlet is otherwise allowed within the same zoning district at this location and the sale of beer and wine. concurrent with motor fuel would not result in the expansion of a non- conforming use. 3. The definition of"Service Station" set forth at Chapter 17.100 (Defmitions).of Title 17 (Zoning Regulations) of the San Luis Obispo Municipal Code is hereby amended to read as follows: � - 33 - Attachment 6 Resolution No. 5382-04 1n ar1 108-03 Page 5 ServiceStation. "Service station" means any business where motor fuel is offered for retail sale, whether or not in conjunction with wiy eiker-use(s) minor retail uses such as mini markets and similar ancillary uses. "Service station" includes the sale and installation of tires, batteries and automotive accessories; lubrications; and the testing, adjustment and repair of motor parts, brakes, tires and accessories. May It also includes accessory sales of fuel oil, butane, propane, and liquefied petroleum gas (LPG). Service station does not include steam cleaning, mechanical car washing, tire recapping, body or chassis repair or painting, which are instead included under "vehicle services;" or the sale, rental or storage of motor vehicles, trailers or other equipment, which are included under "auto and vehicle sales/rental." Service Station does not include separate retail or other non-related commercial uses on the same property that have independent points of sale separated from the motor fuel point of sale by a distance of at least 250 feet._A point of sale shall be defined as the actual location of the transaction including, but not limited to, a cash register or automated payment station. 444 Attachment 7 CITY OF SAN LUIS OBISPO PLANNING COMMISSION AGENDA REPORT ITEM#,Z BY: Philip Dunsmore, Associate Planner(781-7522) MEETING DATE: January 14, 2004 FROM: Ron Whisenand, Deputy Director-Development Reviev(y—b FILE NUMBER: TA 108-03 PROJECT ADDRESS: City Wide SUBJECT: Proposed text amendment to the Municipal Code, repealing section 5.36.020, and amending sections 17.08.040 and 17.100 of the Zoning Code to define when beer and wine sales may be allowed on a site in conjunction with automotive fuel sales. SUMMARY RECOMMENDATION Review proposed amendments to the Municipal Code and adopt a resolution making a recommendation to the City Council to approve the amendments. BACKGROUND Situation The Planning Commission recommended proposed amendments to the Municipal Code to the City Council on September 24, 2003 (see attachment 1, PC resolution). The amendments would have refined the definition of a service station and allowed retail stores to be exempt from the City's prohibition of concurrent sales of fuel and alcoholic beverages based on store size and distance criteria. The amendments were presented to the City Council on October 7, 2003. Instead of adopting the Planning Commission recommended Ordinance to amend the Municipal Code, the City Council directed staff to re-examine the Municipal Code in order to bring it into compliance with the Business and Professions Code (B&P code). The B&P code does not allow cities to prohibit concurrent sales of fuel, beer and wine however it does allow (and require) certain limitations (see attachment 2, Business and Professions Code,.section 23790.5). The following evaluation examines the amendments necessary to create compliance with the B&P code. EVALUATION The regulations that limit the concurrent sales of motor fuel and alcoholic beverages exist within two separate sections of the Municipal Code. The first, and most restrictive, is set forth as Title 5 of the Municipal Code (Licenses, Permits and Regulations). Originally adopted in 1982, chapter 5.36.020 prohibits all sales of alcoholic beverages from a service station and broadly defines a service station as any property selling motor fuel. The B&P code was subsequently w r-- Attachment 7 TA 108-03 (Citywide) Page 2 amended in 1985. Section 23790.5, no longer allow cities to prohibit the sale of beer and wine from service stations. Section 5.36.020 from Title 5 of the Municipal Code presently reads: 5.36.020 Alcoholic beverages - Sale prohibited-Exceptions. A. It is unlawful for any person to sell, offer for sale, display for sale or otherwise furnish any alcoholic beverage from a service station. { B. For the purposes of this section "service station" means any business where motor fuel is offered for retail.sale, whether or not in conjunction with any other use or activity a business where motor fuel is sold as the principal use of the property. Service station includes any ancillary retail facility of 5,000 square feet or less that offers for sale prepackaged food items and tangible consumer goods,primarily for self-service by the consumer. C. The prohibition contained in subsection A of this section shall not apply to service stations lawfully selling, offering for sale, displaying for sale or otherwise furnishing alcoholic beverages as of the effective date of the ordinance first adopting the provisions codified in this section. Past City Councils have allowed Chapter 5.36.020 to remain despite its questionable enforceability in light of the later adopted B&P code. The present City Council has directed Section 5.36.020 should be repealed in its entirety since it is inconsistent with the B&P code. The other Municipal Code sections that pertain to the concurrent sale of alcoholic beverages and motor fuel sales are set forth in Section 17.08.040 and 17.100 of the City's Zoning Regulations. These regulations necessitate amendments to comport with the City Council's direction and the requirements of the B&P Code. The recommended amendments are discussed below: 1. Re£me the definition of a Service Station Since service stations occasionally share a property with separate retail uses (as opposed to service station convenience or mini market sales), a new definition of service station should acknowledge this possibility, instead of leaving the interpretation of service station so broad as to restrict separate uses on a single parcel. Retail uses on the same property that are clearly separate and contain facilities unrelated to the motor fuel sales should not fall under the definition of a service station. Mini markets, convenience stores, gas station kiosks and all locations where retail sales may be involved with motor fuel sales, however should fall under the definition of a service station. The Planning Commission should consider the following language for a new definition: The definition of a service, Chapter 17.100, should be refined as follows: Service station" means any business where motor fuel is offered for retail sale, whether or not in conjunction with wether uses)minor retail uses such as mini markets and similar ancillary uses. "Service station" includes the sale and installation of tires, batteries and automotive accessories; lubrications; and the testing, adjustment and repair of motor parts, brakes, tires and accessories. Attachment 7 TA 108-03 (Citywide) Page 3 May It also includes accessory sales of fuel oil; butane, propane, and liquefied petroleum gas (LPG). Service station does not include steam cleaning, mechanical car washing, tire recapping, body or chassis repair or painting, which are instead included under "vehicle services;" or the sale, rental or storage of motor vehicles, trailers or other equipment, which are included under "auto and vehicle sales/rental." Service Station does not include separate retail or other non related commercial uses on the same property that have independent points of sale separated from the motor fuel point of sale by a distance of at least 250 feet. A point of sale shall be defined as.the. actual location of the transaction includinz but not limited to, a cash register or automated payment station. 2.Amend Section 17.08.040 of the Zoning Regulations: Section 17.08.040 is currently the inactive section of the Zoning Regulations that allows the sale of beer and wine concurrent with motor fuel sales subject to certain criteria. If section 5.36.020 is repealed this section would become the new ordinance that regulates concurrent sales. It should be amended to be consistent with the B&P Code and updated to reflect the latest land use trends in regards to service stations. The establishment of concurrent sales should be allowed only with approval of a Planning Commission Use Permit. This Use Permit process would be utilized to review consistency with the standards and allow staff and the Commission to review the necessary findings. 17.08.040 Concurrent sales of motor fuel and alcoholic beverages from service stations. Concurrent sales of motor fuel and alcoholic beverages at a service station other than beer and wine are prohibited. The concurrent sales of motor fuel and beer or wine at a service station single pFmises er-retail eudet shall be subject to the approval of Planning Commission Use Permit and#e the following: A. There shall be no sales of beer or wine for on-site consumption; B. Beer and wine may be sold only in conjunction with selling groceries and other sundries and convenience items; ngns D. Saks tbeer er- r ...eem 4-00 19.ft and 0. are p.nkpFeGibb a E-C. There shall be no advertisement or display of beer or wine visible from off the premises; P Inside the premhes; there shaM be space previded for- publie sen4ee pesters Attachment 7 TA 108-03 (Citywide) Page 4 GD. No beer or wine shall be displayed within 5 48 feet of the cash register or ftnt door;\ #_E. No advertisement of beer or wine shall be displayed at motor fuel islands and no self-illuminating advertising for beer or wine shall be located on buildings or windows; IF. No sales of beer or wine shall be made from a drive-in window; ,G. No display or sales of beer or wine shall be made from an ice tub. KH. Employees on duty between the hours of 10 p.m. and 2 a.m. who sell beer or wine shall be at least 21 Years of age. 44zp&F M Feqbtirvvnen£., I. For purposes of this.section. "concurrent sales of motor fuel and beer or wine" shall mean the ability to purchase motor fuel and beer or wine at the same time or at the same place. More specifically, a retail outlet that permits a customer to pay for motor fuel and beer or wine: 1) at the same location. or 2) utilizing a single financial transaction, is engaging in concurrent sales of motor fuel and beer or wine and shall be subiect to this ordinance. J. In order to grant approval of a Use Permit, the Planning Commission must make the following findings in addition to findings contained in Section 17.58.040: 1. The. establishment of concurrent sales of motor fuel and beer or wine. is consistent with the provisions of the Business and Professions Code_Section 23790.5. 2. The sale of beer and wine at this location does not constitute undue concentration as determined by the Alcoholic Beverage Control Department (ABC). 3. The sale of beer or wine at a retail outlet is otherwise allowed within the same zoning district at this location and the sale. of beer and wine concurrent with motor fuel would not result in the expansion of a non- conforming use. Attachment 7 TA 108-03 (Citywide) Page 5 Environmental Review Amendments of the Municipal Code pertaining to land use regulations are not exempt from the California Environmental Quality Act and therefore are subject to an environmental determination. Staff has prepared a draft initial study for the proposed amendments and has found that the amendments will not create any significant environmental impacts. A Negative Declaration has been proposed, a copy of which has been attached for review. Conclusion It is the intent of the amendments to repeal the prohibition of concurrent sales motor fuel and beer and wine as set forth in Section 5.36.020 of the Municipal Code, and amend.Title 17 of the Zoning Code in order to bring it into compliance with the Business and Professions Codeas. directed by the City Council. The new code will allow service stations to sell beer and wine with the approval of a Planning Commission Use Permit. Other alcoholic beverages not classified as beer or wine would not be allowed at service stations. The amended definition of a service station is intended to meet today's demands for multiple uses on large parcels and is intended to exempt separate retail uses, such as large retail stores and supermarkets, from the requirements of the concurrent sales ordinance. ALTERNATIVES 1. Refer the item back to staff for additional research. 2. Consider alternative amendment language. Attachments: Attachment 1: Business and Professions Code 23790.5 Attachment 2: Proposed Environmental Initial Study Attachment 3: Planning Commission Resolution recommending the repeal of sections 5.36.020, and amendments to 17.08.040 and 17.100 of the Municipal Code to the City Council. G:\\Pdunsmore\Text AmendmentsTuel&Alcohol\Round 2(2004)\TA 108-03 PC rpt 2(1-14-04).DOC I Attachment 8 ORDINANCE NO. (2004 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE MUNICIPAL CODE AND THE CITY'S ZONING REGULATIONS WITH REGARD TO CONCURRENT SALES OF ALCOHOLIC BEVERAGES AND MOTOR FUEL WHEREAS, the Planning Commission conducted a public hearing on January 14, 2004, and recommended approval of revisions to the Municipal Code and the City's Zoning Regulations relating to concurrent sales of alcoholic beverages and motor fuel; and WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on February 17, 2004, for the purpose of considering changes to the Municipal Code and the City's Zoning Regulations relating to concurrent sales of alcoholic beverages and motor fuel; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that Negative Declaration adequately addresses the potential significant environmental impacts of the proposed modifications to the Municipal Code and Zoning Regulations, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration. SECTION 2. Section 5.36.020 (Alcoholic Beverages-Sale Prohibited-Exceptions) of Chapter 5.36 (Service Stations) of Title 5 (Licenses, Permits and Regulations) of the City of San Luis Obispo Municipal Code is hereby repealed in its entirety. SECTION 3. Section 17.08.040 (Concurrent Sales of Motor Fuel and Alcoholic Beverages) of Chapter 17.08 (Uses Allowed in Several Zones) of Title 17 (Zoning Regulations) of the San Luis Obispo Municipal Code is hereby amended to read as follows: 17.08.040 Concurrent sales of motor fuel and alcoholic beverages from service stations. Concurrent sales of motor fuel and alcoholic beverages at a service station other than beer or wine are prohibited. The concurrent sales of motor fuel and beer or wine at a service station shall be subject to the approval of an Administrative Use Permit and the following:. 4-4D Attachment 8 City Council Ordinance No. (2004 Series) Page 2 A. There shall be no sales of beer or wine for on-site consumption; B. Beer or wine may be sold only in conjunction with selling groceries and other sundries and convenience items; C. There shall be no advertisement or display of beer or wine visible from off the premises; D. No beer or wine shall be displayed within 5 feet of the cash register or front door; E. No advertisement of beer or wine shall be displayed at motor fuel islands and no self-illuminating advertising for beer or wine shall be located on buildings or windows; F. No sales of beer or wine shall be made from a drive-in window; G. No display or sales of beer or wine shall be made from an ice tub. H. Employees on duty between the hours of 10 p.m. and 2 a.m. who sell beer or wine shall be at least 21 years of age. I. For purposes of this section, "concurrent sales of motor fuel and beer or wine" shall mean the ability to purchase motor fuel and beer or wine at the same time or at the same place. More specifically, a retail outlet that permits a customer to pay for motor fuel and beer or wine: 1) at the same location, or 2) utilizing a single financial transaction, is engaging in concurrent sales of motor fuel and beer or wine and shall be subject to this ordinance. J. In order to grant approval of a Use Permit, the Hearing Officer must make the following findings in addition to findings contained in Section 17.58.040: 1. The establishment of concurrent sales of motor fuel and beer or wine is consistent with the provisions of the Business and Professions Code Section 23790.5. 2. The sale of beer or wine at this location does not constitute undue concentration as determined by the Alcoholic Beverage Control Department (ABC). 3. The sale of beer or wine at a retail outlet is otherwise allowed within the same zoning district at this location and the sale of beer or wine concurrent with motor fuel would not result in the expansion of a non-conforming use. SECTION 4. The definition of"Service Station' set forth at Chapter 17.100 (Definitions) of Title 17 (Zoning Regulations) of the San Luis Obispo Municipal Code is hereby amended to read as follows: Service Station. "Service station' means any business where motor fuel is offered for retail sale, whether or not in conjunction with minor retail uses such as mini markets and similar ancillary uses. "Service station' includes the sale and installation of tires, batteries and automotive accessories; lubrications; and the testing, adjustment and repair of motor parts, brakes, tires and accessories. It also includes accessory sales of fuel oil, butane, propane, and liquefied petroleum gas (LPG). Service station does not include steam cleaning, mechanical car washing]tire recapping, body or chassis repair or painting, which are instead included under "vehicle services;" or the sale, rental or storage of motor vehicles, trailers or other equipment, which are included under "auto and vehicle sales/rental." Service Station does not include separate retail or other non-related commercial uses on the same property that have independent points of sale separated from the motor fuel point of sale by a distance of at least 250 feet. A point of sale shall be Attachment 8 City Council Ordinance No. (2004 Series) Page 3 defined as the actual location of the transaction including, but not limited to, a cash register or automated payment station. SECTION 5. A summary of this ordinance, together with the names of Council members voting for an 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. This ordinance shall go into effect thirty (30) days after its final passage. INTRODUCED on the day of , 2004, and FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of , 2004, on the following role call vote: AYES: NOES: ABSENT: Mayor David F. Romero ATTEST: Lee Price, City Clerk APPROVED: Jonath . Lowell, City Attorney F:\GROUPS\COMDEV\CD-PLAN\Pdunsmore\Text Amendments\Fuel&Alcohol\Round 2(2004)\CC ord 2-14-04.doc Attachmen► 9 ' • 1 JOSEPH W. DIEHL.JR, A PROFESSIONAL CORPORATION TELEPHONE RODERICK A. RODEWALD (805) 541-1000 ATTORNEYS AT LAW SHANNON G. MATUSZEWICZ - TELECOPIER DOUGLAS C. CRAPO 1043 PACIFIC STREET (805) 541-6870 SAN LUIS OBISPO. CA 93401 E-MAIL OF COUNSEL ADMIN@DIEHLRODEWALD.COM ANNE M. RUSSELL January 14, 2004 OBISPO I Planning Commission H77 City of San Luis Obispo 990 Palm Street JAN 14 M San Luis Obispo, CA 93401 ``i 0,,,:MUNiTY DEVELOPMENT Re: Item 2, 1/14/04 Agenda.—Citywide. TA/ER 108-03: Request to City Regulations Related to Concurrent Sale of Motor Fuel and Alcohol; City of SLO Applicant Our File No. 1446 Dear Commissioners: This firm represents the owners of San Luis Chevron,Foothill Chevron, San Luis Arco,Madonna Shell, and Laguna Shell. I regret I will be unable to attend your meeting tonight. We have reviewed the proposed resolution and the attached ordinance relating to concurrent sales of motor fuel and alcoholic beverages from service stations. For the most part,the proposed ordinance complies with state law,however, Sections I and J of proposed. SLOMC 17.08.040 go beyond state law and may not be valid. Although these two subsections do not have direct impacts on my clients,they do create ambiguity and may have some unintended consequences. For example,the concurrent sales ordinance is limited to "service stations"in the introductory paragraph and title but talks about"retail outlets"in subsection.I, which creates an ambiguity. If in fact the ordinance is limited to service stations,there will be no prohibition on bars, restaurants,markets or other commercial enterprises selling alcohol along with motor vehicle fuel at a single point of sale or in a single transaction. Secondly, subsection J adds three additional findings to those required of a general use permit. We are primarily concerned with Condition J-2,which requires a finding that"the sale of beer and wine at the location does not constitute undue concentration as determined by the Alcoholic Beverage Control Department("ABC")." The ABC has discretion to issue a license even after a finding of"undue Concentration","if the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance....If the local governing body or its designated 1+-4 3 r Attachment c January 14,2004 Page 2 subordinate officer or body does not make a determination within the 90-day period,then the Department may issue a license if the applicant shows the Department that public convenience or necessity would be served by the issuance. In making its determination,the Department shall not attribute any weight to the failure of the local governing body,or its designated subordinate officer or body, to make a determination regarding public convenience or necessity within the 90-day period" Business&Professions Code §23958.4(b)(2). See also Business&Professions Code §23958. Since the ABC does have the ability to grant a license upon either a letter from the City or otherwise,this condition would appear to be infringing on the authority of the state regulatory agency,and therefore preempted by state law. Also,the City has the ability under Business&Professions Code §23958.4(b)(2)to refuse to make the required determination of public necessity or convenience. None of my clients are currently in an area of"undue concentration". I am bringing this to your attention merely because there does not seem to be a legal or good reason for its inclusion. Thank you for your attention to our comments. Very truly yours, D &R DE D e M. Russell AMR:mw cc: Clients(via fax) 1-} ' 4 Attachment '10 Business and Professions Code 23790.5 (a) It is the intent of the Legislature in enacting this section to ensure that local government shall not be preempted in the valid exercise of its land use authority pursuant to Section 23790, including, but not limited to, enacting an ordinance requiring a. conditional use permit. It is also the intent of the Legislature to prevent the legislated prohibition of the concurrent retailing of beer and wine for off-premises consumption and motor vehicle fuel where the retailing of each is otherwise allowable. (b) (1) No city, county, or city and county shall, by ordinance or resolution adopted on or after January 1, 1988, legislatively prohibit the concurrent retailing of motor vehicle fuel and beer and wine for off-sale consumption in zoning districts where the zoning ordinance allows motor vehicle fuel and off-sale beer and wine to be retailed on separate sites. (2) On and after January 1, 1989, no city, county, or city and county ordinance or resolution adopted prior to May 5, 1987, shall have legal effect if it legislatively prohibits the concurrent retailing of motor vehicle fuel with beer and wine for off-sale consumption in zoning districts where the zoning ordinance allows beer and wine and motor vehicle fuel to be retailed on separate sites. (3) On and after July 1, 1988, no city, county, or city and county ordinance or resolution adopted on or after May 5, 1987, shall have legal effect if it legislatively prohibits the concurrent retailing of motor vehicle fuel with beer and wine for off-sale consumption in zoning districts where the zoning ordinance allows beer and wine and motor vehicle fuel to be retailed on separate sites. (4) This section shall not apply to a prohibition by a city, county, or city and county of the sale of beer and wine in conjunction with the sale of. motor vehicle fuel if that. prohibition occurs as a result of the prohibition of the combining of the sale of motor vehicle fuel with a broader class of products or uses which includes alcoholic beverages or beer and wine as a named or unnamed part of that larger class, if that prohibition was enacted before August 1, 1985. (c) Subject to the restrictions and limitations of subdivision (b), this section shall not prevent a city, county, or city and county from denying permission, or granting conditional permission, to an individual applicant to engage in the concurrent retailing of motor vehicle fuel with beer and wine for off-premises consumption pursuant to a valid conditional use permit ordinance based on appropriate health, safety, or general welfare standards contained in the ordinance if that conditional use permit ordinance contains all of the following: (1) A requirement for written findings. (2) A provision for an administrative appeal if the governing body has delegated its power to issue or deny a conditional use permit. (3) Procedures for notice of a hearing, conduct of a hearing, and an opportunity for all parties to present testimony. (4) A requirement that the findings be based on substantial evidence in view of the whole record to justify the ultimate decision. (5) Notwithstanding any other provision of law, establishments engaged in the concurrent sale of motor vehicle fuel with beer and wine for off-premises consumption-shall abide by the following conditions: 4' f Attachment 10 (1) No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler as of January 1, 1988. (2) No advertisement of alcoholic beverages shall be displayed at motor fuel islands. (3) No sale of alcoholic beverages shall be made from a drive-in window. (4) No display or sale of beer or wine shall be made from an ice tub. (5) No beer or wine advertising shall be located on motor fuel islands and no self- illuminated advertising for beer or wine shall be located on buildings or windows. (6) Employees on duty between the hours of 10 p.m. and 2 a.m. who sell beer or wine shall be at least 21 years of age. The standards contained in this subdivision are minimum state standards which do not limit local regulation otherwise permitted under this section. (e) If there is a fording that a licensee or his or her employee has sold any alcoholic beverages to a minor at an establishment engaged in the concurrent sale of motor vehicle fuel with beer and wine for off-premises consumption, the alcoholic beverage license at the establishment shall be suspended for a minimum period of 72 hours. For purposes of Section 23790, the effect of such a license suspension shall not constitute a break in the continuous operation of the establishment nor a substantial change in the mode or character of operation. (f)The provisions of this section apply to charter cities. Le