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Home My WebLink About06-05-2012 C5 JohnsonRECEIVED council MEMORAnbu JUN °5z °1Z i RK DATE: June 4, 2012 AGENDA TO: City Council CORRESPONDENCE Date � f Item# VIA: Katie Lichtig, City Manager FROM: Derek Johnson, Community Development Director Doug Davidson, Community Development Deputy Director SUBJECT: Alcohol Outlet Strategies — Council Meeting June 5, 2012 (C -5) Staff has received a request to provide language for Council's consideration that would modify the Deemed Approved Ordinance to include input from and notification to interested parties in the violation procedures. Interested parties are defined as those that have made a request with the City Clerk to be notified of these procedures. Staff has revised the Ordinance to include language that interested parties shall be notified 30 days prior to the administrative hearing. This approach would codify the noticing of interested parties, including, but not limited to, the Downtown Association (Safe Night Life Committee) should an alleged violation occur. The revised Ordinance is attached with modifications on page C5 -7 to the Deemed Approved Ordinance (17.11.040 D) to provide a 30 -day notification of the public hearing to all interested parties in the event of an alleged violation. If the Council wished to adopt the proposed modification the changes would be significant enough to require that the ordinance return for another reading and would take effect 30 days after its 2 °d reading. Alternative As an alternative, the Council could adopt the Ordinance as introduced on May 15th and direct staff to provide a 30 day notice to all interested parties by motion. The motion could include that interested parties shall be afforded a 30 day notice to review an alleged violation and provide a recommendation to the Hearing Officer. Another alternative is to consider a longer noticing period. Please call Doug Davidson at extension 7177 (781 -7177) if you have any questions. h d ■, Q COUNCIL a CDDDIR a CITY MOR a FIT DIR G ASSTCM a FIRE CHIEF a ATMRNEY a FW DIR a CLUMBIO a POLICE CHIEF a PI$ a PARKS S; REC DIR a TRIBUNE a U71LDIR a NEW TIMES a HR DIR a SLO CITY NEWS a COUNCIL a CrrY MOR a CLERK TACHMENT 1 ORDINANCE NO. 1578 (2012 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AMENDMENTS TO TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE (Alcohol Outlet Public Safety Strategies R/TA 101 -11) 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 April 25, 2012, for the purpose of considering amendments to Title 17 (Zoning Regulations) of the Municipal Code, and recommended approval of amendments to the Municipal Code; and WHEREAS, the City 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 May 15, 2012, for the purpose of considering amendments to the Municipal Code (R/TA 101 -11); and WHEREAS, the City Council finds that the proposed text amendments are consistent with the General Plan, the purposes of the Zoning Regulations, and other applicable City ordinances; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. WHEREAS, notices of said public hearings were made at the time and in the manner required by law; BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The project is exempt from environmental review per CEQA Guidelines under the General Rule (Section 15061(b)(3)) since there is no possibility that the activities in questions could have a significant effect on the environment. SECTION 2. Findings. Based upon all the evidence, the Council makes the following findings: 1. The proposed amendments will not significantly alter the character of the City or cause significant health, safety or welfare concerns, since the amendments are consistent with the General Plan and directly implement City goals and policies. 2. Periodic amendments, updates, and corrections of the Municipal Code are consistent with General Plan Policy to maintain regulations which are effective in implementing policies consistent with the General Plan. Ordinance No. # # ## (2012 S, is) FTACHMENTI R/TA 101 -11 Alcohol Outlet Regulations SECTION 3. Chapter 17.11: Deemed Approved Alcoholic Beverage Sale Regulations are hereby added to the City of San Luis Obispo Municipal Code to read as follows: Chapter 17.11: Deemed Approved Alcoholic Beverage Sale Regulations Sections: 17.11.010 Title and Scope 17.11.020 Definitions 17.11.030 Deemed Approved Performance Standards 17.11.040 Deemed Approved Status Procedure 17.11.050 Enforcement Procedure 17.11.010 Title, Purpose, and Applicability. A. Title of Deemed Approved Alcoholic Beverage Sale regulations. The provisions of this chapter shall be known as the Deemed Approved Alcoholic Beverage Sale regulations. B. Purpose of Deemed Approved Alcoholic Beverage Sale regulations. The general purposes of the Deemed Approved Alcoholic Beverage Sale regulations are to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare by requiring that Alcoholic Beverage Sales Commercial Activities that were established without use permit approval prior to the effective date of the Deemed Approved Alcoholic Beverage Sale regulations comply with the Deemed Approved performance standards of section 17.11.030 of this chapter and to achieve the following objectives: 1. To protect residential, commercial, industrial, and civic areas and minimize the adverse impacts of nonconforming and incompatible uses; 2. To provide opportunities for Alcoholic Beverage Sale Activities to operate in a mutually beneficial relationship to each other and to other commercial and civic services; 3. To provide mechanisms to address problems often associated with the public consumption of alcoholic beverages, such as litter, loitering, graffiti, unruly behavior and escalated noise levels; 4. To provide that alcohol outlets specified in this chapter are not the source of undue public nuisances in the community; 5. To provide for properly maintained Alcoholic Beverage Sale establishments so that negative impacts generated by these activities are not harmful to the surrounding environment in any way; Ordinance No. # # ## (2012 S, :s) R/TA 101 -11 Alcohol Outlet Regulations 7ACHMENT 1 6. To monitor that Deemed Approved Activities do not substantially change in mode or character of operation. C. Applicability of Deemed Approved Alcoholic Beverage Sale regulations. The Deemed Approved Alcoholic Beverage Sale regulations shall apply to the following alcoholic beverage sale commercial activities within the City which have been established without use permit approval prior to the effective date of this Chapter, and as defined in Chapter 17.100 of the Zoning Regulations: Bars /Tavern, Restaurant with Late Hour Alcohol Service, Liquor Store, Nightclubs. 1. Duplicated Regulation. Whenever any provision of the Deemed Approved Alcoholic Beverage Sale regulations and any other provision of law, whether set forth in this code, or in any other law, ordinance, or resolution of any kind, imposes overlapping or contradictory regulations, or contain restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in the Deemed Approved Alcoholic Beverage Sale regulations. D. Administrative Hearing Officer. There is created an Alcoholic Beverage Sales Administrative Hearing Officer (Administrative Hearing Officer) appointed by the City Manager. The Administrative Hearing Officer shall conduct public hearings and make recommendations intended to encourage and achieve the compliance of particular sites as appropriate. This section is not intended to restrict the powers and duties otherwise pertaining to other city officers or bodies, in the field of monitoring and ensuring the harmony of Alcoholic Beverage Sale Commercial Activities in the city. These parties shall have the powers and duties assigned to them by the Zoning Regulations, other codes and ordinances, City Charter, or by valid administrative authority. 17.11.020. Definitions. A. Title, purpose, and applicability. The provisions of 17.11.020 shall be known as the definitions. The purpose of these provisions is to promote consistency and precision in the interpretation of the Deemed Approved Alcoholic Beverage Sale regulations. The meaning and construction of words and phrases as hereinafter set forth shall apply throughout the Deemed Approved Alcoholic Beverage Sale regulations, except where the context of such words or phrases clearly indicates a different meaning or construction. As used in this chapter: "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, which contains one -half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances, and sales of which require a State Department of Alcoholic Beverage Control license. Ordinance No. # # ## (2012 S s) R/TA 101 -11 Alcohol Outlet Regulations fTACHMENT 1 "Condition of approval" means a requirement which must be carried out by the activity in order to retain its Deemed Approved Status. "Deemed Approved Activity" means operation of the stated uses applicable to this Chapter as defined. "Deemed Approved Status" means the status conferred upon a Deemed Approved Activity. "Illegal activity" means an activity which has been finally determined to be in noncompliance with the Deemed Approved performance standards in section 17.11.030 of this chapter. Such an activity shall lose its Deemed Approved Status and shall no longer be considered a Deemed Approved Activity. "Performance standards" means regulations prescribed in the Deemed Approved Performance Standards in 17.11.030 of this chapter. "Premises" means the actual space within a building devoted to alcoholic beverage sales. "Restaurant" means an eating establishment as defined in Section 17.100 R. 17.11.030. Deemed Approved Performance Standards A. Title and purpose. The provisions of Chapter 17.11.030 shall be known as the Deemed Approved Performance Standards. The purpose of these standards is to control dangerous or objectionable environmental effects of Alcoholic Beverage Sales Commercial Activities applicable to this Chapter. B. Applicability. These standards shall apply to the following Alcoholic Beverage Sales Commercial uses listed in the above section 17.11.020 and Chapter 17.100 of this code: Bar /Tavern, Restaurant with Late Hour Alcohol Service, Liquor Store /Alcohol Sales, Nightclub) as defined in Section 17.100. The Deemed Approved Performance Standards are applicable to these uses under the following circumstances, 1 & 2 below: 1. Alcoholic Beverage Commercial uses which have been established without use permit approval prior to the effective date of Chapter 17.11. 2. Alcoholic Beverage Commercial uses which are inconsistent with Table 9 (Uses allowed by Zone), Title 17 of the Municipal Code (Zoning Regulations) and have been established prior to the effective date of Chapter 17.11. C. Performance Standards and Deemed Approved Activities. An activity shall retain its Deemed Approved Status only if it conforms with all of the following Deemed Approved performance standards: Ordinance No. # # ## (2012 S �s) R/TA 101 -11 Alcohol Outlet Regulations FTACHMENT 1 1. That it does not result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area; 2. That it does not result in jeopardizing or endangering the public health or safety of persons residing or working in the surrounding area; 3. That it does not result in repeated nuisance activities within the premises or in close proximity of the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests; 4. That it does not result in violations to any applicable provision of any other city, state, or federal regulation, ordinance or statute; 5. That its upkeep and operating characteristics are compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood. 17.11.040. Deemed Approved Status Procedure A. Deemed Approved Status Procedure. The provisions of this article shall be known as the Deemed Approved Status procedure. The purpose of these provisions is to: (A) provide notice of Deemed Approved Status upon Alcoholic Beverage Sales Commercial Activities applicable to this Chapter; (B) prescribe the procedure for the imposition of conditions of approval upon these activities; and (C) prescribe the procedure for appealing conditions of approval or the revocation of a Deemed Approved Status. B. Automatic Deemed Approved Status. All Alcoholic Beverage Sales Commercial Activities applicable to this Chapter per section 17.11.030.B. shall automatically become Deemed Approved Activities as of the effective date of the Deemed Approved Alcoholic Beverage Sale regulations. Each such Deemed Approved Activity shall retain its Deemed Approved Status as long as it complies with the Deemed Approved performance standards at Section 17.11.030 C. C. Notification to owners of Deemed Approved Activities. The Administrative Hearing Officer shall notify the owner of each Deemed Approved Activity, and also the property owner if not the same, of the activity's Deemed Approved Status. Such notice shall be sent via certified return receipt mail; shall include a copy of the performance standards of Section 17.11.030.C. of this chapter with the requirement that these be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review; notification that the activity is required to comply with all these same performance standards; and that Ordinance No. # # ## (2012 Sk s) R/TA 101 -11 Alcohol Outlet Regulations �TACHMENT 1 the activity is required to comply with all other aspects of the Deemed Approved Alcoholic Beverage Sale regulations. Should the notice be returned, then the notice shall be sent via regular U.S. Mail. D. Procedure for consideration of violations to performance standards. Upon receiving a complaint from the public, Police Department, or any other interested party that a Deemed Approved Activity is in violation of the performance standards of Section 17.11.030.C. and once it is determined by the city that violations appear to be occurring, then a public hearing will be scheduled before the Administrative Hearing Officer. The Administrative HearingL Officer will provide the complainant, the business owner of the Deemed Approved_ Activity, the property owner if not the same, and other interested parties with a 30 -day advance notice of the public hearing. Interested parties are defined as those that have made a request with the City Clerk to be notified of these procedures. The purpose of the Administrative public hearing is to receive testimony on whether the operating methods of the Deemed Approved Activity are causing undue negative impacts in the surrounding area. At the public hearing, the Administrative Hearing Officer shall determine whether the Deemed Approved Activity conforms to the Deemed Approved Performance Standards set forth in Section 17.11.030.C. and to any other applicable criteria, and may continue the Deemed Approved Status for the activity in question or require such changes or impose such reasonable Conditions of Approval as are in the judgment of the Administrative Hearing Officer necessary to ensure conformity to said criteria and such conditions shall be based on the evidence before the Officer. The decision of the Administrative Hearing Officer shall be based upon information compiled by staff and testimony from the complainant, the business owner, the property owner if not the same, and all other interested parties. New conditions of approval shall be made a part of the Deemed Approved Status and the Deemed Approved Activity shall be required to comply with these conditions. The determination of the Administrative Hearing Officer shall become final ten (10) calendar days after the date of decision unless appealed to the City Planning Commission in accordance with Chapter 17.66. E. Procedure for consideration of violations of Standards or Conditions of Approval. In the event of a violation of any of the provisions set forth in Sections 17.11.010 through 17.11.030 of these regulations, the Administrative Hearing Officer may hold a public hearing. The purpose of this public hearing is to receive testimony and determine whether violations to Sections 17.11.010 through 17.11.030 of these regulations exist. The Administrative Hearing Officer may add to or amend the existing Conditions of Approval based upon the evidence presented; or alternatively may revoke the Deemed Approved Activity's Deemed Approved Status. The determination of the Administrative Hearing Officer shall become final ten (10) calendar days after the date of decision unless appealed to the City Planning Commission in accordance with the below section 17.11.040.F. The decision of the Planning Commission shall be final unless appealed to the City Council in accordance with Section 17.11.040.G. Ordinance No. # # ## (2012 S :.$) R/TA 101 -11 Alcohol Outlet Regulations TTACHMENT 1 F. Appeal to Planning Commission. Appeals of the decisions of the Administrative Hearing Officer may be filed in accordance with Chapter 17.66: Appeals. In considering the appeal, the Planning Commission shall determine whether the established use conforms to the applicable Deemed Approved performance standards and may continue or revoke a Deemed Approved Status; or require such changes in the existing use or impose such reasonable conditions of approval as are, in its judgment, necessary to ensure conformity to said performance standards. The decision of the Planning Commission on the appeal to the conditions of approval imposed by the Administrative Hearing Officer shall be final. G. Appeal to City Council. Appeals of the decisions of the Planning Commission may be filed in accordance with Chapter 17.66: Appeals. In considering the appeal, the Council shall determine whether the Deemed Approved Activity conforms to the applicable Deemed Approved performance standards, and may approve or disapprove the revocation or require such changes therein or impose such reasonable conditions of approval as are in its judgment necessary to ensure conformity to said standards. 17.11.050. Enforcement Procedure A. Applicability. The provisions of this section shall apply to the enforcement of the Deemed Approved Alcoholic Beverage Sale regulations. B. Official action. All officials, departments, and employees of the city vested with the authority to issue permits, certificates, or licenses shall adhere to, and require conformance with, the Deemed Approved Alcoholic Beverage Sale regulations. C. Infractions. Any person who violates, causes, or permits another person to violate any provision of these regulations is guilty of an infraction unless otherwise provided. D. Separate Offenses for Each Day. Any violator shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of these regulations is committed, continued, permitted, or caused by such violator and shall be punishable accordingly. E. Any Violation a Public Nuisance. In addition to the penalties provided in this section, any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is declared to be a public nuisance and may be summarily abated as such by the city. F. Injunction as Additional Remedy. Any violation of any provision of these regulations shall be and is declared to be contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief. Ordinance No. # # ## (2012 S� )s) R/TA 101 -11 Alcohol Outlet Regulations i'TACHMENT 1 G. Penalties. Any person convicted of an infraction under the provisions of this section shall be punishable by a fine to the maximum permitted under state law. Any violation beyond the second conviction within a one -year period may be charged by the City Attorney as a misdemeanor, and the penalty for conviction shall be punishable by a fine or imprisonment to the maximum permitted under state law. H. Liability for Expenses. In addition to the punishment provided by law, a violator is liable for such costs, expenses, and disbursements paid or incurred by the city or any of its contractors in correction, abatement, and prosecution of the violation. I. Enforcement. The city shall designate the appropriate personnel to enforce the provisions of these regulations. SECTION 4. Chapter 17.16.060. Parking Space Requirements. Table 6 (Parking Requirements by Use) of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: Ordinance No. # # ## (2012 S as) R/TA 101 -11 Alcohol Outlet Regulations r031M ARV 2012 TABLE G • PARKING REQUIREMENTS BY USE TTACHMENT 1 Cltj' Or SATI 1111S OBIStV Z01`1111q QCCULltiolls Type of Use Number of Off- Street Parking Spaces Required AGRICULTURE Crop production and grazing No requirement Greenhouse, commercial No requirement Livestock feed lot As provided in approved use permit INDUSTRY, MANUFACTURING & PROCESSING. WHOLESALING Bakery. wholesale Some as Manufacturi - L ht Furniture and fixtures manufacturing, cabinet shop Same as Manufacturing - Light ,One space per 300 square feet office or laboratory area, phis one space per 500 square leer indoor Industrial research and development assembly or fabrication area. plus one space per 1.500 square feet outdoor work area or indoor warehouse area Laboratory - Medical, analytical, research, lesling One space per 300 square feel gross floor area Laundry, dry cleaning plant One space per 500 square feel gross floor area Manufacturing - Heavy One space per 500 square feel gross floor area 'Dire space per 300 square feel accessory office area plus one space per 300 square feel to 500 Manufacturing - Light :square feel manufacturing floor area, to be determined by director according to employment -characteristics of each use, plus one per 1,500 square feet outdoor manufacturing area Petroleum product storage and distribution One space per 300 square feet office areas plus one space per 500 square feel indoor storage area plus one space per 2,000 square feet outdoor storage area Photo and film processing lab One space per 300 square feet gross floor area Printing and pubkshlog One space per 300 square feel gross floor area Recycling facilities - Collection and processing facility One space per 500 square feet of gross floor area plus one space per 10,000 square feel outdoor ;storage area, but in no case less than 4 spaces Recycling facilities - Scrap and dismantling yard 'One space per 500 square feet of gross floor area plus one spare per 10,000 square feel outdoor storage area, but in no case less than 4 spaces Recycling facilities - Small collection facility As provided in approved use permit Storage - Personal storage facility mOns space per 300 square feet office area and common indoor facilities and one space for every five storage units that do not have direct drive -up vehicle access Storage yard One space per 2,000 square feel gross floor area Warehousing, indoor storage One space per 300 square feel office area plus one space per 1,500 square feel indoor storage area Wholesaling and distribution One space per 300 square feet office area plus one space per 1,000 square feel indoor sales/storage area, plus one space per 2,000 square feet outdoor sales area LODGING Bed and breakfast inn One per room or group of rooms to be occupied as a suite, plus two for resident manager's quarters Hostel One space per five beds, plus one for manager_ When the hostel is part of a residence: one space per five beds, in addition to two spaces for the residence Hotel, motel One per room or group of rooms to be occupied as a suite, plus one for resident manager's quarters, his eat assembly area requirements Recreational vehude (RV) park accessory to hotel, motel As proved in approved use permit p,\Cfe 51 Ordinance No. # # ## (2012 E es) R/TA 101 -11 Alcohol Outlet Regulations city or S,,kn LUIS OBISPO 1011111x; V$C..Q4UL\tIoiis TABLE 6 • PARKING REQUIREMENTS BY USE rTACHMENT 1 rELiRL1AQy 2012 Type of Use Number of Off- Street Parking Spaces Required RECREATION. EDUCATION. & PUBLIC ASSEMBLY USES Barltavem One space per 60 square feet of customer use plus one space per 100 square feet of food preparation area Club, lodge, prrvale meeting hall One space per 300 square feet office area plus one space per four fixed seats or one space per 40 square feel seating area without lixed seats, in the largest assembly room Commercial recreation facility - Indoor Bowling alleys One space per 300 square feet gross floor area Two spaces per lane plus one space per four seats spectator /eating area Commercial recreation facility - Outdoor One space per 500 square feel outdoor use area Educational conferences As provided in approved use permit Fitness/heallh facility One space per 300 square feet gross floor area Library, musewn One space per 500 square feet storage /display area plus government office and meeting room requirements Library, branch facility As provided in approved use permit Night club One space per 60 square feet floor or outdoor ground area for customer use, including sealing and dancing areas, plus one space per 100 square feel food preparation area Off -site wine tasting roam One space per 200 Square feet gross floor area Park, playground One space per .500 square feet Public assembly facility One space per four fixed seals or one space per 40 square feet of assembly area without fixed seats Religious facility One space per four fixed seats (one space per 40 square feet seating area without fixed seats) in largest assembly room School - Boarding school, elementary, middle, secondary As provided in approved use permit School - College, university - Campus As provided in approved use permit School - College, university - Satellite classroom facility One space per 50 square feet per classroom floor area School - Elementary, middle, secondary Two spaces per classroom plus one space per 300 square feet office, assembly or common area School - Specialized educationttraining One space per 50 square feet per classroom floor area Special event One space per 500 square feet or as provided in approved use permil Sports and active recreation facility One space per 100 square feel of play surface Sports and entertainment assembly facility As provided in approved use permit Studio - Art, dance, martial arts, music, etc One space per 200 square feet gross floor area Theater One space per four seats Theater- Drive -in No requirement p'NC'C 52 Ordinance No. # # ## (2012 Sc A) RJTA 101 -11 Alcohol Outlet Regulations fF,Gl',11JA:y 2112 TABLE 6 - PARKING REQUIREMENTS BY USE 'TACHMENT 1 city or s.Nn Wis omspo Z011111CI 1,1CCIULNtiotls Type of Use I Number of Off- Street Parking Spaces Required RESIDENTIAL USES Boardcngrroomi ng house, dormitory One space per 1 5 occupants or 1,5 spaces per bedroom, whichever is greater Caretaker quarters Two spaces per dwelling Convents and monasteries One space per five occupants Fraternity, soronly One space per 15 occupants or 15 spaces per bedroom, whichever is greater High occupancy residential use The parking requirement shall be greater of I The number of space required for dwellings or 2 One off- street parking space per adult occupant, less one Home occupation See Section 17 08 090 Livelwork unAs 2 spaces per unit Mixed -use project Same as Multi- family dwellings Mobile home park 1.5 spaces per unit: 1 space to be with unit Mullr•family dwellings 1 per studio apartment, 1 -112 for first bedroom plus 12 for each additional bedroom in a unit, plus 1 for each five unds in developments of more than five units Also see parking reduction paragraphs under 17. 16,060 Residential care facilities 6 or fewer residents Sarne as Rest hone Residential care facilities - 7 or more residents Same as Rest hone Residentad hospice facility Same as Rest home Rest hone one space per four beds (adult) one space per five juvendfe occupants Single -fam�y dwellings 2 spaces per dwelling In the R -1 and C /OS zones. one space must be covered Workflive units 12 spaces per unit P,xC,e 5 a Ordinance No. # # ## (2012 S _es) R/TA 101 -11 Alcohol Outlet Regulations TABLE 6 • PARKING REQUIREMENTS BY USE TTACHMENT 1 Type of Use Number of Off- Street Parking Spaces Required RETAIL SALES PAQ,C 14 One space per 300 square feet office area plus one space per 500 square feet parts sales service Auto and vehicle sales and rental area, plus one space per 2,000 square feel outdoor sales area Auto parts sales, with installation One space per 500 square feet gross floor area Auto parts sales, without installation One space per 500 square feet gross floor area Bakery, retail One space per 200 square feet gross floor area Building and landscape materials sales, indoor One space per 300 square feet office area plus one space per 500 square feet indoor sales area plus one space per 2,000 square feel warehouse area One space per 300 square feet office area plus one space per 500 square feet indoor sales area Budding and landscape materials sales, outdoor plus one space per 2,000 square feel warehouse or outdoor sales area Construction and heavy equipment sales and rental One space per 300 square feel office area plus one space per 500 square feet parts sales service area, plus one space per 2,000 square feel outdoor sales area Two spaces for employee parking, plus one space per 500 square feet of gross floor area and a Convenience slots minimum of five bicycle parking spaces shag be provided per business Extended hour retail Same as specific type of retail One per 500 square feet indoor sales/storage area plus one space per 2,000 square feel ouldoo Fami supply and feed store sales/slorage area Fuel dealer (propane, etc) One per 500 square feel indoor salesistorage area plus one space per 2,000 square feet outdoor sales/storage area Fumilure, furnishings, and appliance stores One space per 500 square feet gross floor area General retail - 2,000 sf or less One space per 300 square feel gross floor area General retail - More than 2,000 sf, up to 15,000 sf One space per 300 square feet gross floor area General retail - More than 15,000 sf, up to 45,000 sf One space per 300 square feel gross floor area General retail - More than 45.000 sf, up to 60,000 sf A maximum al one space per 200 square feet gross floor area, with the exception for more spaces it structured muWevel parking is used General retail - More than 60.000 sf, up to 140,000 sf A maximum of one space per 200 square feet gross floor area, with the exception for more spaces 6 structured multi -level parking is used Florists and Photofinishing (retail) One space per 500 square feel floor area Retail sales and repair of bicycles One space per 500 square feet floor area Groceries, specialty foods One space per 200 square feet gross floor area Liquor Store/Alcohol Sales One space per 200 square feel gross floor area Mobile home, RV, and boat sales One space per 300 square feet office area plus one space per 500 square feet parts sales service area, plus one space per 2,000 square feel outdoor sales area Office- supporting retail, 2,000 of or less One space per 300 square feet gross floor area Office- supporting retail, more than 2,000, up to 5,000 sf One space per 300 square feet gross floor area Outdoor temporary andlor seasonal sales See Section 17 08.020 Produce stand One space per 300 square feet gross floor area One space per 60 sq ft customer use area, including waning seating, counter service areas, and dancing areas, plus one space per 100 sq ft food preparation, including counter space, pantry Restaurant storage, and dishwashing areas Walls, halls, restrooms, and dead storage areas do not count as either customer use or food preparation floor area Restaurant with kale hour alcohol service Same as Restaurant Service station (see also "vehicle services") one space for atlendant booth plus two per service bay plus one space per four fuel pumps Warehouse stores - 45,000 sf or loss gfa Minimum one space per 300 square feel gross floor area A maximum of one space per 200 square feel gross Boor area, math the exception for more spaces 0 Warehouse stores - more than 45,000 sf gfa structured multi-level parking is used PAQ,C 14 Ordinance No. # # ## (2012 St. s) R/TA 101 -11 Alcohol Outlet Regulations reLWLIAI2V 2012 TABLE 6 • PARKING REQUIREMENTS BY USE 'TACHMENT 1 Clty O[ SAn LUIS OWSP0 Z011111C, PCCIUL WIIIS -7 Type of Use Number of Off - Street Parking Spaces Required SERVICES -BUSINESS. FINANCIAL & PROFESSIONAI ATMs No requirement Banks and financial services -One space per 300 square feet gross floor area Business support services One space per 300 square feet gross floor area Convalescent hospital Some as Medical service - Extended care Medical service - Clinic, laboratory, urgent rare Medical, dental, and other health services. one per 200 square feel gross floor area. Medical service - Doctor office Medical, dental, and other health services: one per 200 square feel gross floor area. Medical service - Extended care One space per four beds (adult): one space per five juvenile occupants Medical service - Hospital One space per bed Office - Accessory As required for principle use Office - Business and service One space per 300 square feel gross Boor area Office - Government Post offices Offices: one per 300 square feet gross floor area Meeting rooms: one per four fixed seats or one per 40 square feet of seating area without fixed seats. feet space per 300 square feet office, sorting, customer service area plus one space per 500 square feet bulk handling Office - Processing One space per 200 square feel gross Floor area Office - Production and administralive One space per 300 square feet gross floor area Office - Professional Medical dental and other health services: one per 200 square feel gross floor area All othew one space per 300 square feet gross floor area Office - Temporary See Section 17.08 010 C Photographer, photographic studio One space per 200 square legit gross floor area L) c' e 51 Ordinance No. # # ## (2012 1. :es) R/TA 101 -11 Alcohol Outlet Regulations .TTACHMENT 1 SECTION 5. Chapter 17.22: Use Regulation. Table 9 (Uses Allowed By Zone) of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: retiRllmzy 2ol2 TABLE 9 - USES ALLOWED BY ZONE Clty 0[ SAn LUIS OBIS�)L) Z011111t} 11C ILIL.AVO S Land Use Permit Requirement by Zoning District Specific use Regulations AG C)OS R1 R2 R3 R4 PF D(11 C -N C -G C-D C -R -TIC-Si M BP AGRICULTURE INDUSTRY- MANUFACTURING & PROCESSING. WHOLESALING Bakery, wholesale D PC PC A A A A A PC FurnauTe an ur T—mTm ac unng, canbmel shop PC PC A PC PC PC PC PC PC Q I A 1708 110 Industrial research and development PC PC A A A PC D D Laboratory - Medical, analybcal, research, te ing PC A A A A A A Laundry, dry cleaning plant PC A A Vacation Rental Manufaduri - Heavv _ _ 17 22 G PC PC Manufacturing - Light D A A Petroleum product storage and distribution _ Q Photo and film processing lab A A Printing and ublishi A A A Recycing lacdd*s - Collection and proses" facility D Recycling lads - Scrap and dismantling yard D RecWrig facililies - Small collection facility D D D A Storage - Personal storage facilty _ A A ^Storage and D A Warehousing, indoor storage A A PC Wholemling and distribution A A PC LODGING Bed and breakfast inn D PC PC A A A Homeless sheher PC PC A PC PC PC PC PC PC PC PC 1708 110 Hostel PC PC A A A Hotel, motel A A A PC Recreational vehicle (RV)padt accessory to hotel- motel PC Vacation Rental 17 22 G Hey: A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required AJD = Director's approval on ground floor, allowed on second floor or above Note: Footnotes affecting specific kind uses follow the table pcie 83 Ordinance No. # # ## (2012 S es) R/TA 101 -11 Alcohol Outlet Regulations City Or SAI1 IMS OWSPO Zollinci I2C- CIULWOI1S TABLE 9 - USES ALLOWED BY ZONE - Continued _'TTACHMENT 1 �4:,61,IIAP \' '2012 Land Use Permit Requirement by Zoning District Specific use I Regulations AG I CfoB R1 I R2 I R] I R4 I PF I 0 9 C. I C-C I C4) C -R C -T I C -S I M I BP RECREATION. EDUCATION. & PUBLIC ASSEMBLY USES Bar /laver I I PC D I D Q D D D D Chapter 17 20 Club, LWqe, pwals mee hall A A A A D D A A A D AID ❑ D D A D Commefc'wl recreation facility - Indoor PC A A PC D D 0 D D 12 PG D _ 17 08.000 Commercial recreation facility - Outdoor PC PC PC PC Educational conferences D 0 D D D D 17 06 010 C G Framessfhealth facility H H H H H H D H A D D PC A A D 1700090 Golf Course PG A A A A A 17 -08 120 Library- museum PC A D D l) D A PC PC 1708 072 Libfaiy, branch facArty A A A A A A A D D D D Night ckrh A A A A _ -- _ D D D D D D Chapter 17 95 Off -sole wine lasling room A A A A D A A A A A A Park, playground D D A A A A D 0 A A A D Pubfic assembly facildy A A A A A PC D D D D D PC Ref ious facilily PC D D D D A D D D A D(7) l)(7) D(71 School - Boarding school, elementary, middle. secondary A A A PC PC D AID Ail) D _ School- College, unrrersily campus A A A(2) A A A PC A D D School - College, universily - Satellite classroom facility A I A A -- A — — Cha ter 17_21 _ School - Element , middle, secondary PC PC D D PC D D D 17 OB 120J School - Special2ed educaliondirainiN PC AJD AID A A A Special eveal D D D Q D D D D D 17 08 010 Sports and active recreation facility PC PC PC PC Sports and entertainment assembly facility I PC PC Studio - Art, dance, martial arts, music, etc D D A/D AN A PC A Theater PCIB D D D D Chapler 17 95 Theater - Drivean PC PC RESIDENTIAL USES Boardinalrowning house, dommilory I I PC D 1 D D I Chapter 17 20 Caretaker quarters A A A A A A A A A A A A A A A D Convents and nwasleries PC A A D Fraternity, sorority PC PC High occupancy residential use D 0 _ Home occupation H H H H H H H H H H H H H H 1700090 LiveAvork units A A A A A 17 -08 120 Mixe"se project A A A A A A PC PC 1708 072 Mobile forme as temporary residence at building site A A A A A A A A Mobile home park A A A A -- _ Milani -famde d` A A A A D D Residential care facilities - 0 or lever residents A A A A A A AID A/❑ AM D Residential care facilities - 7 or more residents A A A A A D AID A/D D Residential hospice facility PC PC D PC PC D Rest forme A A A A A D AID Ail) D Sn family dwellings A A A(2) A A A _ A D D Secondary dwelling units A I A A A A Cha ter 17_21 Work/live units D D 17 OB 120J Key: A = Alkmwed D = Dueclors Use Permit approvai required PC. = Planning Commission Use Permtl apprcwal required AID= 0irector5 approval on ground floor, allowed on second floor or above H = Home Occupatiam Permit requxed Note: Footnotes affecting specific land uses follow the table. PAQC S4 Ordinance No. # # ## (2012 Se s) R/TA 101 -11 Alcohol Outlet Regulations LCL\Ial. \f:�' '012 TABLE 9 - USES ALLOWED BY ZONE - Continued TACHMENT 1 Clt)' OV SAI1 LUIS OWS[)0 Zoninc, 12CQ(IL \tlons Land Use Permit Requirement by Zoning District Specific use Regulations I AG I Croy R1 I R2 I R3 I Rd I PF 1 O 11I C-N I C-C I C"i1 C -R C -T I C -5 I M I Bp I RETAIL SALES Auto and vehicle sales and rental D A PC Auto Earls sales, with installation D(5) A A Auto parts sales, without installation A D A A A Bakery, retail A A A A A D D Building and Landscape materials sales, indoor A A A A A Builds and landsca a matenals safes, outoor D D A A A Construction and heavy equipment sales and rental D D Convenience store D D D A A A A A D D 1) 1708096 Extended hour retail D D D D D D D D Fann su and feed store PC A A Fuel dealer (propane, etc) D A Fumrhim, furnmhi ng,s. and appliance stores A A A A General retail - 2,000 sf or less A(3) A A A A nerarei- a an s,up 15,000 sf D(3) D A A - aynera re . r - More than I tb,vw 51, up to 45.000 sf - D A A D General retail - Mcfe than 45,000 s , up to 60,000 sf D A A General rata - Mom Man 60,W0 s , up to 140,000 sf PC PC PC Groceries, specialty foods A(10) A A A PC Liquor SloelAlcohol Sales D D D D PC 17 11 Mobile home. RV. and boat sales A PC Office-supporb22 reia&. 2.000 sf or less A A A A A D Office- supporting retail, More than 2,000, up to 5.000s( I D D A A D Outdoor temporary andlor seasonal sales See Section 17 08 020 17 08.020 Produce stand D D A A A A Restaumnt A A A A A D D Restaurant with tale hour alcohol service D D D D D ❑ D 17 11 & 17 100. R Outdoor BBOlGhg. acce to restaurant D D_ D 0 D D D Service station (see also "vehicle services') D D D D A 17.08 030 Vending machine See Section 17 08 050 1708060 Warehouse stores - 45,000 sf or less gfa D D D Warehouse stores -more than 45,000 of fa PC PG PC Key, A = Allowed D = Director's Use Permit approval required PC= PLanning Commissinn Use Pennit approval required AID = Director's approval on ground floor, allowed on second floor or above Note: Footnotes affec" specific land uses follow the lable. Ordinance No. # # ## (2012 S, is) R/TA 101 -11 Alcohol Outlet Regulations C1tV OV SAII LUIS OBIS�)O zotilnt; Re-oulL %tions TABLE 9 • USES ALLOWED BY ZONE • Continued ,"TACHMENT 1 pt-le 85 FC.I11ZHAP\!201-2 Land Use I Permit Requirement by Zoning District Specific use I Regulations AG I CIOS R1 I R2 I RO I R4 I PF 0 fill C-N I C-C I C-D C -R C -T I C -S M BP SERVICES - BUSINESS. FINANCIAL & PROFESSIONAL ATMs I I _ I I A A A A A A A A A Banks and financial services PC PC PC PC PC PC A A A A PC D(4) 014) D Business support services A A A A/D A A A A Medical service - C4nic, Ubomlory. urgent care D(9) D(9) D(9) 9 D49 D A D D A D U9 D(11) DJ9) D(11I 1708 100 Medical service - Doctor office A A A A A A A A AID A!D A A D(111 D(l iI 1708 100 Medical service - Extended care PC PC D PC PC D A A D Medical service - Hospital PC PC _D _ D Convalescent hospital PC PC A A - Office - AocEnsw D A A A A A A A A Office - Business and service A A A ND A D 1) 4) D14) D Office, - Government D A A D PC Off" - Processing PC D D D(4) D(4) A 17 W 080 Office - Production and administrative PC JG_ AID A/D A D(4) D(4) A _ Office - Professional - AQ AV A D Residential Support Services D Office - Tempoary Temporary See Section 17 08 010 C PholoqUEher Photographic studio I I I A A/D A PC A SERVICES - GENERAL Catering service I I _ I I I I D D A D A A Cemetery, mausoleum, columbadum _ _ PC PC PC PC PC PC PC PC PC PC Cop*g and Quick Printer Service A A A A A A A A Day care - Day care center j0ddladuft) D(9) D(9) D(9) 9 D49 A A A A/D A D U9 D(9) DJ9) D 1708 100 Day care - Family day cant home (smaMa e) A A A A A A A A A A A A 1708 100 Equipment rental A A D Food bank{oacka ed food dishdwhon center _D _ D Maintenance service, client site services A A PC Mortuary, luneral home D D A D Personal services A A A A D A D Personal services - Restricted D D Public safety. facilities PC A 17 W 080 Public u facAiGes PC A epasservnce- - gtspn,ent, argeappances- elc _ _ - A A D Residential Support Services A A A A Social service organ¢atron D A A A A D Vehicle services - Repau and maintenance - Maior A A D Vehicle services - Repan and maintenance - Minor PC D A A D Vehicle services- Carwash D D PC D 0 Veleratary clinicllwspital., board , 4a anmval PC PC D D elennary cunn sprtal, boarding, anted arurnal- indoor ❑ D A A/D A A 6 etmary in1G ring, 5711 animal, outdoes I I I D Key; A = Allowed D = Directors Use Permit approval required PC = Planning Commission Use Permit approval required AM = Directors approval on ground floor, allowed on second floor or above Note: Footmtes affectbtg specific land uses Wow the table Ordinance No. # # ## (2012'. .ies) R/TA 101 -11 Alcohol Outlet Regulations JTACHMENT 1 City or SAII leis omspo f C,bPLIAR)' '2012 Z011111C, Pt.C41.0tions TABLE 9 • USES ALLOWED BY ZONE • Continued Permit Requirement by Zoning District Specific use Land Use AG I C /0$ R1 I R7 R3 R41 PF O 11] CINI C-C C-0 C-R C -T C -S M I BP Regulations TRANSPORTATION & COMMUNICATIONS A PC PC PC D Ambulance, taxi, and/or linmsine dispatch facility A D ❑ _ Antennas and telecommunications facilities D D 0 D D D D D D D D 17 16 120 Media Production - Broadcast sludio A AID A A A A Media Production - BacklaWoutdoof facilities and soundstages D D D Hel rl _ PC PC PC Parking facility PC(6) E!C IPC(6 D(6) D(61 D(6) Parking facility- lvkil0 -level PC(G) 110(6 IPC(6 IPC(G PC(61 PC'(6 Parking facility - Temporary PC D D D D D D D D 1708010 Railroad facilities D A Transit station or terminal PC PC PC D A Tmnss stop A A A A A A A A Truck or lre hl terminal A A D Water and wastewater treatmenl plants and services I I I F I I I PC I I I PC. Key A = Allowed D = Directors Use Permit approval reqused PC = Planning Commission Use Permit approval required AfD = Director's approval on ground floor, allowed on second floor or above Note: Foobofes affecting specific land uses follow the table PAQ,C. S7 Ordinance No. # # ## (2012 S --s) R/TA 101 -11 Alcohol Outlet Regulations I'TACHMENT 1 SECTION 6. Chapter 17.100. C. Convenience Store. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: Convenience Store. A retail establishment with not more than 4,500 square feet of gross floor area, offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, for off -site consumption. Sale of alcoholic beverages is limited to beer and wine only (ABC License Type 20). SECTION 7. Chapter 17.100. G. Grocery Store and Specialty Foods. Is hereby added to the City of San Luis Obispo's Municipal Code to read as follows: Grocery Store and Specialty Foods. A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and off - site consumption. SECTION & Chapter 17.100. L. Liquor Store /Alcohol Sales. Is hereby added to the City of San Luis Obispo's Municipal to read as follows: Liquor Store /Alcohol Sales. Any business selling alcoholic beverages as a primary use including beer, wine, distilled spirits, or hard liquor, or any other alcoholic beverages. Liquor /Alcohol Sales does not include grocery stores, convenience stores, warehouse stores, or other alcohol sales authorized as part of an off -site wine tasting room or food and beverage product manufacturing. SECTION 9. Chapter 17.100.R. Restaurant. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: Restaurant. A retail business selling ready -to -eat food for on- or off - premise consumption, which does not include alcohol service after 11:00 p.m. These include eating establishments where customers are served from a walk -up ordering counter for either on- or off - premise consumption, establishments where most customers are served food at tables for on- premise consumption, but may also provide food for take- out, and establishments that provide food for off - premise consumption only. Includes coffee houses, donut shops, delicatessens, etc. Does not include restaurants with drive - through ordering or service. "Restaurant" means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for such meals. SECTION 10. Chapter 17.100.R. Restaurant with Late -Hour Alcohol Service. Is hereby added to the City of San Luis Obispo's Municipal to read as follows: Restaurant with Late -Hour Alcohol Service. A restaurant which provides alcohol service after 11:00 p.m. Ordinance No. # # ## (2012 S :s) R/TA 101 -11 Alcohol Outlet Regulations I'TACHMENT 1 SECTION 11. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the City's rules and regulations. It is the City's express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. SECTION 12. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 15th day of May, 2012, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 5th day of June, 2012, on the following vote: AYES: NOES: ABSENT: Jan Howell Marx, Mayor ATTEST: Sheryl Schroeder, Interim City Clerk APPROVED AS TO FORM: /s/ J. Christine Dietrick Christine Dietrick, City Attorney