HomeMy WebLinkAbout1578ORDINANCE NO. 1578 (2012 Series)
AN ORDINANCE 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 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 June 5,
2012 and directed staff to modify the Ordinance to define the role of the Downtown Association
in the Deemed Approved Ordinance process; 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 June 19,
2012, for the purpose of considering the revised 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; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law.
NOW, THEREFORE, 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.
SECTION2. Findings. Based upon all the evidence, the Council makes the following
findings:
01578
Ordinance No. 1578 (2012 Series)
Page 2
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.
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, Purpose, and Applicability
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;
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Ordinance No. 1578 (2012 Series)
Page 3
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;
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.
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
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Ordinance No. 1578 (2012 Series)
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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.
"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:
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Ordinance No. 1578 (2012 Series)
Page 5
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:
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
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Ordinance No. 1578 (2012 Series)
Page 6
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 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, code enforcement officer, 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, as follows
a. The Administrative Hearing Officer will provide the complainant, the business
owner of the Deemed Approved Activity, the property owner, if not the same as
the business owner, and other interested parties with at least 30 calendar days
advance notice of the public hearing. Interested parties are defined as those that
have made a request with the City Clerk to be notified of these proceedings, and
shall include the Downtown Association or its successor agency in all instances in
which the complaint involves an establishment within the boundaries of the
Downtown Association or its successor agency.
b. In all instances in which the complaint involves an establishment within the
boundaries of the Downtown Association, the Downtown Association may,
within the 30 day period preceding the hearing, schedule a meeting with
authorized representatives of the establishment to review the facts underlying the
complaint and the establishment's response to the complaint and to develop input
to be conveyed to the Administrative Hearing Officer regarding the Downtown
Association's recommendation regarding the complaint and any measures the
Downtown Association suggests to address the complaint.
i. Nothing herein shall require the business establishment within the
boundaries of the Downtown Association to participate in the meeting
with the Downtown Association, but the Downtown Association shall
advise the Administrative Hearing Officer if an establishment declines to
participate and the Administrative Hearing Officer may consider the
establishment's failure to participate in determining appropriate remedies
if a violation is found to have occurred after considering all testimony
presented during the public hearing.
ii. The Administrative Hearing Officer shall not in any manner be bound by
any recommendation of the Downtown Association and shall give the
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Ordinance No. 1578 (2012 Series)
Page 7
recommendation from the Downtown Association such weight as the
Administrative Hearing Officer, in his or her sole discretion, deems
appropriate after consideration of all record testimony and evidence
presented in the public hearing. The Administrative Hearing Officer shall
proceed with the public hearing after 30 calendar days of issuing a notice
of public hearing, whether or not the Downtown Association or its
successor agency has met with the business owner of the Deemed
Approved Activity or delivered a recommendation for consideration by
the Administrative Hearing Officer. Failure of the Downtown Association
to receive notice pursuant to this title, or pursuant to procedures
established by the City, shall not constitute grounds to cancel the public
hearing or invalidate the actions for which the notice was given.
iii. In no event shall a meeting between the Downtown Association and the
business owner of the Deemed Approved Activity cause a delay to, or
substitute for a public hearing before the City's Administrative Hearing
Officer, unless it is determined in the sole discretion of the Administrative
Hearing Officer that a delay is in the public's interest.
c. The purpose of the Administrative public hearing is to receive evidence and
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 necessary, in
the judgment of the Administrative Hearing Officer to ensure conformity to said
criteria. Any such changes or 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 evidence 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 Condition of Approval or of further violations of the
provisions set forth in Sections 17.11.010 through 17.11.030 of these regulations, the
Administrative Hearing Officer shall hold a noticed public hearing. The purpose of this
public hearing is to receive testimony and determine whether violations of Conditions of
Approval or of 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
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Ordinance No. 1578 (2012 Series)
Page 8
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.
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. 1578 (2012 Series)
Page 9
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:
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Ordinance No. 1578 (2012 Series)
Page 10
rC..GRU.XQ\1 '2012
TABLE 6 - PARKING REQUIREMENTS BY USE
city or SAn Luis ocispo
Z011111G REt luL \tI011S
Type of Use Number of Off - Street Parking Spaces Required
AGRICULTURE
Crop production and grazing
lNorequire ment
Greenhouse, commercial
No requirement
Livestock feed lot
jAs provided in approved use permit
INDUSTRY MANUFACTURING & PROCESSING WHOLESALING
Bakery, wholesale
Same as Manufacturing - L ht
Furniture and fixtures manufacturing, cabinet shop
Same as Manufacturing - Light
Industrial research and development
One space per 300 square feet office or laboratory area, plus one space per 500 square feet indoor
assembly or fabrication area, plus one space per 1,500 square feet outdoor work area or indoor
warehouse area
Laboratory - Medical, analytical, research, testing
One space per 300 square feet gross floor area
Laundry, dry cleaning plant
One space per 500 square feet gross floor area
Manufacturing - Heavy
One space per 500 square feet gross floor area
Manufacturing - Light
One space per 300 square feet accessory office area plus one space per 300 square feet to 500
square feet 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
g
One space per 300 square feet office areas plus one space per 500 square feet indoor storage area
plus one space per 2,000 square feet outdoor storage area
Photo and film processing lab
One space per 300 square feet gross floor area
Printing and publishing
One space per 300 square feet 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 feet 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 space per 10,000 square feet 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
One 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 feet gross floor area
Warehousing, indoor storage
One space per 300 square feet office area plus one space per 1,500 square feet indoor storage area
Wholesaling and distribution
One space per 300 square feet office area plus one space per 1,000 square feet indoor
saleslstorage area, plus one space per 2,000 square feet outdoor sales area
Bed and breakfast inn
One per room or group of rooms to be occupied as a suite, plus taro for resident managers quarters
Hostel
One space per fire 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,
plus eatinglassembly area requirements
Recreational vehicle (RV) park accessory to hotel, motel
As provided in approved use permit
p\I e 51
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Ordinance No. 1578 (2012 Series)
Page 11
city o} smi LUIS OBISPO
zomiw izei:i IL\tioiis
TABLE 6 • PARKING REQUIREMENTS BY USE
F6GI:lL \I;\+ 2012
Type of Use Number of Off - Street Parking Spaces Required
RECREATION. EDUCATION, & PUBLIC ASSEMBLY USES
Bar/tavem
One space per 60 square feet of customer use plus one space per 100 square feel of food
preparation area
Club, lodge, private meeting hall
One space per 300 square feet office area plus one space per four fixed seats or one space per 40
square feet seating area without fixed seats, in the largest assembly room
Commercial recreation facility - Indoor
Bo,Ming alleys
One space per 300 square feet gross floor area
Two spaces per lane plus one space per four seats spectatorleating area
Commercial recreation facility -Outdoor
One space per 500 square feet outdoor use area
Educational conferences
As provided in approved use permit
Fitnesslhealth facility
One space per 300 square feet gross floor area
Library, museum
One space per 500 square feet storageJdisplay area plus government office and meeting room
requ' ements
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 seating and
dancing areas, plus one space per 100 square feet food preparation area
Off -site vine tasting room
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 seats or one space per 40 square feet of assembly area without fired 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 - Speciafized education/training
One space per 50 square feet per classroom floor area
Special event
One space per 500 square feet or as provided in approved use permit
Sports and active recreation facility
One space per 100 square feet 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
I)ACi0. fit
11
Ordinance No. 1578 (2012 Series)
Page 12
r(.,VW_u,Xry 2012
TABLE 6 - PARKING REQUIREMENTS BY USE
cite of son lugs owspo
aonnlc; I.eCILILXtlolls
Type of Use Number of Off- Street Parking Spaces Required
RESIDENTIAL USES
Boardingtrooming house, dormitory
One space per 1.5 occupants or 1.5 spaces per bedroom, whichever is greater
Caretaker quarters
Two spaces per dwvUing
Convents and monasteries
One space per five occupants
Fraternity, sorority
One space per 1.5 occupants or 1.5 spaces per bedroom, whichever is greater
High occupancy residential use
The parking requirement shall be greater of. 1. The number of space required for dwellings. or 2. One
off -street parking space per adult occupant, less one.
Home occupation
See Section 17.08.090
Live/work units
2 spaces per unit
Mixed -use project
Same as Multf-famrty dwellings
Mobile home park
1.5 spaces per unit: 1 space to be with unit
Multi -family dwell ngs
1 per studio apartment, 1 -112 for first bedroom plus 12 for each additional bedroom in a unit, plus 1
for each five units in developments of more than five units. Also see parking reduction paragraphs
under 17.16.060.
Residential care facilities - 6 or fLnver residents
Same as Rest home
Residential care facilities - 7 or more residents
Same as Rest home
Residentail hospice facility
Same as Rest home
Rest home
One space per four beds (adult): one space per five juvendle occupants
Single -family dwellings
2 spaces per dwelling. In the R -1 and CIOS zones, one space must be covered.
Work/live units
2 spaces per unit
pc'e 5.
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Ordinance No. 1578 (2012 Series)
Page 13
TABLE 6. PARKING REQUIREMENTS BY USE
I
Type of Use Number of Off- Street Parking Spaces Required
RETAIL SALES
Auto and vehicle 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 feet 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 pkis one space per 500 square feet indoor sales area
plus one space per 2,000 square feet warehouse area
Building and landscape materials sales, outdoor
One space per 300 square feet office area phis one space per 500 square feet indoor sales area
plus one space per 2,000 square feet warehouse or outdoor sales area
Construction and heavy equipment sales and rental
One space per 300 square feet office area plus one space per 500 square feet parts sates service
area, plus one space per 2,000 square feet outdoor sales area
Convenience store
Two spaces for employee parking, plus one space per 500 square feet of gross floor area and a
minimum of rive bicycle parking spaces shall be provided per business
Extended hour retail
Same as speck type of retail
Farm supply and feed store
One per 500 square feet indoor sales /storage area plus one space per 2,000 square feet outdoor
salesrstorage area.
Fuel dealer (propane, etc)
One per 500 square feet indoor salesistorage area plus one space per 2,000 square feet outdoor
saleststorage area.
Furniture, 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 feet 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 feet gross floor area
General retail - More than 45,000 sf, up to 60,000 sf
A maximum of one space per 200 square feet gross floor area, with the exception for more spaces if
structured multi-level parking is used
General retail - More than 60,000 sf, up to 140,000 sf
A maximum of one space per 200 square feet gross floor area, with the exception for more spaces if
structured multi -level parking is used
Florists and Photofinishing (retail)
One space per 500 square feet 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 feet 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 sates service
area, plus one space per 2,000 square feet outdoor sales area
Office- supporting retail, 2,000 sf 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 and /or 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 waiting seating, counter service areas. and
Restaurant
dancing areas, plus one space per 100 sq. ft. food preparation, including counter space, pantry
storage, and dishwashing areas. Walls, halts, restrooms, and dead storage areas do not count as
either customer use or food preparation floor area
Restaurant mth late hour alcohol service
Same as Restaurant
Service station (see also "vehicle services)
one space for attendant booth plus two per service bay plus one space per four fuel pumps
Warehouse stares - 45,000 sf or less gfa
Minimum one space per 300 square feet gross floor area
Warehouse stores - more than 45,000 sf gfa
A maximum of one space per 200 square feet gross floor area, with the exception for more spaces if
structured mul &level parking is used
page :;4
13
Ordinance No. 1578 (2012 Series)
Page 14
{ C,0QLI, V 2012
TABLE 6 • PARKING REQUIREMENTS BY USE
Cite o� San LUIS OWSPO
ZOIlII[ i QCQfIIL \tioiis
Type of Use Number of Off - Street Parking Spaces Required
SERVICES - BUSINESS FINANCIAL & PROFESSIONAL
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
Same as Medical service - Extended care
Medical service - Clinic, laboratory, urgent care
Medical, dental, and other health services: one per 200 square feet gross floor area.
Medical service - Doctor office
Medical, dental, and other health services: one per 200 square feet gross floor area.
Medical service - Extended care
One space per four beds (adult): one space per five juvenile occupants
Medical service - Hospital
One space per bed
Office - Accessory
As required for principle use
Office - Business and service
One space per 300 square feet gross floor area
Office - Government
Post offices
40 one per 300 square feet gross floor area. Meeting rooms: one per four fixed seats or one per
a0 square feet of seating area without fixed seats.
One 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 feet gross floor area
Office - Production and administrative
One space per 300 square feet gross floor area
Office - Professional
Medical dental and other health services: one per 200 square feet gross floor area. All others: one
space per 300 square feet gross Flow area.
Office - Temporary
See Section 17.08.0 10 C
Photographer, photographic studio
One space per 200 square feet gross Floor area
SECTION 5. Chapter 17.22: Use Regulation. Table 9 (Uses Allowed By Zone) of the
City of San Luis Obispo's Municipal Code is replaced and amended to read as follows:
14
Ordinance No. 1578 (2012 Series)
Page 15
> CBQUAQV 3013
TABLE 9 • USES ALLOWED BY ZONE
caul O� SAII WIS OBIS�)O
zonin,fzecuLwons
Land Use
Permit Requirement by Zoning Distrito
Specific use
Regulations
I AG C /OS R1 1 R1 1 R3 I R4 PF 0 (1) C-N C -C I C -D C-R C-T CS M BP
AGRICULTURE
INDUSTRY. MANUFACTURING & PROCESSING, WHOLESALING
Bakery, wholesale
D
PC
I PC I
I
I A
A
A
A
I A
PC
Furniture and wftres manufacturing, cabinet
shop
PC
PC I
A
PC
PC
PC
I PC
PC
PC
D
A
1208.110
Industrial research and development
PC
PC
A
A
A
PC
D
D
Laboratory - Medical, analytical, research,
testing
PC
A
A
A
A
A
A
Laundry, dry cleaning plant
PC
A
A
Vacation Rental I I
Manufacturing - Heavy
17.21G
PC
PC
Manufacturing - Light
D
A
Petroleum product storage and distribution
D
Photo and film processing lab
A
A
PA
Printing and publishing
A
A
Recycling facilities - Collection and processing
facility
D
Recycling facilities - Scrap and dismantling yard
D
Recycling facilities - Small collection facility
D
D
D
A
Storage - Personal storage facility
A
A
Storage yard
D
A
Warehousing, indoor storage
A
A
PC
Wholesaling and distribution
A
A
PC
LODGING
Bed and breakfast inn
D
PC
I PC I
I
I A
A
A
Homeless shelter
PC
PC I
A
PC
PC
PC
I PC
PC
PC
I PC
I PC
1208.110
Hostel
PC
PC
A
A
A
Hotel, motel
A
A
A
PC
Recreational vehicle (RV) park accessory to hotel, motel
PC
Vacation Rental I I
17.21G
Key: A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
AM = Director's approval on ground floor, allowed on second floor or above
Note: Footnotes affecting specific land uses follow the table.
15
pc,t; S3
Ordinance No. 1578 (2012 Series)
Page 16
CltV Of SAn LUIS OWSj)O
ZOtlltlQ P(.,QLILAWI)S
TABLE 9 - USES ALLOWED BY ZONE - Continued
rE13WLIARV 2012
Land Use
Permit Requirement by Zoning District
Specific use
Regulations
AG Cf05 R1 R2 R3 R4 Pp O t Ct4 C -C CA c -R GT C -S M BP
RECREATION, EDUCATION. & PUBLIC ASSEMBLY USES
Baritavem
PC
D
0
D
D
D
D
D
Chapter 17,20
Club. lodge, private meeting hall
A
A
A
A
D
D
A
A
A
D
ArD
D
D
D
A
I D
Commercial recreation facility - Indoor
PC
A
A
PC
D
D
D
D
D(12)
PC
D
17.08.060
Commercial recreation facility - Outdoor r
PC
PC
PC
PC
Educafional conferences
D
D
D
D
D
D
17.08.010.C,6
Fitnessmealth facility
H
H
H
H
H
H
D
H
A
D
D
PC
A
A
D
17.08.090
Golf Course
PC
A
A
A
A
A
17.08.120
Library, museum
PC
A
D
D
1 0
D
A
PC
PC
17.06.072
Library, branch facility
A
A
A
A
A
A
A
D
D
D
D
Night club
A
A
A
A
D
D
D
0
D
D
Chapter 17.95
OK -site wine tasting room
A
A
A
A
D
A
A
A
A
A
A
Park, playground
D
D
A
A
A
A
D
D
A
A
A
D
Public assembly facilrty
A
A
A
A
A
PC
D
D
D
D
D
PC
Religious facility
PC
D
D
D
D
A
D
D
D
A
D(7)
D(7)
D(7)
School - Boarding school, elementary, middle,
secondary
A
A
A
PC
PC
D
AID
AfD
D
School - College, university campus
A
A
A(2)
A
A
A
PC
A
D
D
School - College, university - Satellite
classroom facitiN
A
A
A
A
A
Chapter 17.21
School - Elementary, middle, secondary
PC
PC
D
D
PC
D
D
D
17.08.120
School - Specialeed educationrtraining
PC
AID
AID
A
A
A
Special event
D
0
0
D
D
D
D
D
D
17.08,010
Sports and active recreation facility
PC
PC
PC
PC
Sports and entertainment assembly facility
PC
PC
Studio - Art. dance, martial arts, music, etc.
D
D
A!D
AtD
A
PC
A
Hneater
PC(8_
D
D
D
D
Chapter 1795
Theater - Drive-in
PC
PC
RESIDENTIAL USES
Boarding /rooming house, dormitory
PC
D
D
D
Chapter 17,20
Caretaker quarters
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
I D
Convents and monasteries
PC
A
A
D
Fraternity, sorority
PC
PC
High occupancy residential use
D
D
Home occupation
H
H
H
H
H
H
H
H
H
H
H
H
H
H
17.08.090
LiveMork units
A
A
A
A
A
17.08.120
Mixed -use project
A
A
A
A
A
A
PC
PC
17.06.072
Mobile home as temporary residence at
building site
A
A
A
A
A
A
A
A
Mobile home park
A
A
A
A
Multi -family dvelfings
A
A
A
A
D
D
Residential care facilities - 6 or fewer residents
A
A
A
A
A
A
AID
AID
AID
D
Residential care facilities - 7 or more residents
A
A
A
A
A
D
AID
AID
D
Residential hospice facility
PC
PC
D
PC
PC
D
Rest home
A
A
A
A
A
D
AID
AfD
D
Single- family tfwellings
A
A
A(2)
A
A
A
A
D
D
Secondary dwelling units
A
A
A
A
A
Chapter 17.21
Worktlive units
D
D
17.08.120
Key: A = Allowed 0 =Directors Use Permit approval required PC= Planning Commission Use Permit approval required
AID = Director's approval on ground floor, allowed on second floor or above H = Home Occupation Permit required
Note: Footnotes affecting specific land uses follow the table.
�)AQC. Sa
16
Ordinance No. 1578 (2012 Series)
Page 17
rGWILIAR \' 2012
TABLE 9 • USES ALLOWED BY ZONE • Continued
CltVr Of SAn LUIS OBISPO
ZOIIInC, PeC,LIL1ti011S
Land Use
Permit Requirement by Zoning District
Specific use
Regulations
I AG I CIOSI RI I R2 I R3 I R4 I PF 1 0 (1) C-N I C -C I C -D I C -R I C-T I C -S M BP
RETAIL SALES
Auto and vehicle sales and rental
D
A
PC
Auto parts sales, with installation
D(5)
A
Auto parts sales, without installation
A
D
A
A
Bakery, retail
A
A
A
A
A
D
Building and Landscape materials sales, indoor
A
A
A
rD
A
Buil i and landscape materials sales, outoor
D
D
A
A
Construction and heavy equipment sales and
rental
D
D
Convenience store
D
D
D
A
A
A
A
A
D
0
D
17.08.095
Extended hour retail
D
D
D
D
D
D
D
D
Farm supply and feed store
PC
A
A
Fuel dealer (propane, etc)
D
A
Furniture, furnishings, and appliance stores
A
A
A
A
General retail - 2,000 sf or less
A(3)
A
A
A
A
General retail - More than s , up to
15,000 sf
0(3)
D
A
A
General retail - More than ib,ouo s , up to
45,000 sf
D
A
A
D
General retail - More than 45,000 sf, up to
60,000 sf
D
A
A
General retail - More than 0 sf, up to
140,000 sf
PC
PC
PC
Groceries, specialty foods
A(10)
A
A
A
PC
Liquor Store/Alcohol Sales
D
D
D
D
PC
17.11
Mobile home, RV, and boat sales
A
PC
Office- supporting retail, 2,000 sf or less
A
A
A
A
A
D
Office- supporting retail, More than 2,000, up to
5,000 sf
D
I D
I A
I A
D
Outdoor temporary and/or seasonal sales
See Section 17.08.020
17.08.020
Produce stand
D
D
A
A
A
A
Restaurant
A
A
A
A
A
D
D
Restaurant with late hour alcohol service
D
D
D
D
D
D
0
17.11 & 17.100.R.
Outdoor BBQ/Gnll, accessory to restaurant
D
D
D
D
D
D
D
Service station (see also 'vehicle services ")
D
D
D
D
A
17.08.030
Vending machine
See Section 17.08.050
17.08.050
Warehouse stores - 45,000 sf or less gfa
D
I D
I
I D
Warehouse stores - more than 45,000 sf gfa
I PC
I
I PC
I
I PC
Key: A = Allowed D = Director's Use Permit approval required PC= Planning Commission Use Permit approval required
AfD = Directors approval on ground floor, allowed on second floor or above
Note: Footnotes affecting specific land uses follow the table.
17
Ordinance No. 1578 (2012 Series)
Page 18
CIt \' O� SAn LLIIS OBISPO
Zonlnki NCCILII.Ntio 1s
TABLE 9 - USES ALLOWED BY ZONE - Continued
P CtC.. 85
rELIQLLlRV 2012
Land Use
Permit Requirement by Zoning District
Specific use
Regulations
I AG 000 R1 I R2 I R1 I Rd I PP O 11 C-N I C -C I C-0 I C -R I C -7 I C -S M BP
SERVICES • BUSINESS FINANCIAL & PROFESSIONAL
ATMs
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)
0(4)
D
Business support services
A
A
A
AID
A
A
A
A
Medical service - Chnic, laboratory, urgent care
D(9)
1)(9)
D(9)
D(9)
D(9)
D
A
D
D
A
D(9)
D(11)
D(9)
D(11)
17.08.100
Medical service - Doctor office
A
A
A
A
A
A
A
A
AID
AID
A
A
D(11)
D(11)
1208,100
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
PC
Office - Accessory
D
A
A
A
A
A
A
D
Office - Business and service
A
A
A
AID
A
D
A
Office - Government
D
PC
A
A
D
Office - Processing
PC
D
D
D
Office - Production and administrative
PC
A
AtD
AID
A
tA
A
17,08.080
Office - Pro fessional
A
A@
AID
A
A
D
Office - Temporary
See Section 17.08.010.0
Photogra her• hotogmphic studio
A AID A P
SERVICES - GENERAt
Catering service
I
I
I
D
D
A
D
A
A
Cemetery, mausoleum, columbadum
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
Copying and Quick Printer Service
A
A
A
A
A
A
A
A
Day care - Day care center (chidladult)
D(9)
1)(9)
D(9)
D(9)
D(9)
A
A
A
AID
A
D(9)
0(9)
D(9)
D
17.08.100
Day care - Family day care tame (smal0arge)
A
A
A
A
A
A
A
A
A
A
A
A
1208,100
Equipment rental
A
A
D
Food batik/packaged food distribution center
D
D
Maintenance service, client site services
A
A
PC
Mortuary, funeral home
D
0
A
D
Personal services
A
A
A
A
D
A
D
Personal services - Restricted
0
D
Public safety facilities
PC
PC
PUWic ufibty faCtlitieS
PC
tA
A
17,08.080
pair sen•rce- quipment, rge appliances, etc.
A
D
Residential Support Services
A
A
A
A
Social service organization
0
A
.A
A
A
D
Vehicle services - Repair and maintenance -
Major
A
A
D
Vehicle services - Repair and maintenance -
Minor
PC
D
A
A
D
Vehicle services - Carwash
D
D
PC
D
D
Vetednary clmicthasphal. boarding, Large anneal
PC
PC
D
D
eimal, in dulirih0 P. , aMutg, small
animal, indoor
0
D
A
AJD
A
A
Veterinary chnicihospitil. boarding, sma
animal, outdoor
D
Key: A = Allowed D = Director's Use Permit approval required PC= Planning Commission Use Permit approval required
AID = Director's approval on ground floor, allowed on second floor or above
Note: Footnotes affecting specific Land uses follow the table.
18
Ordinance No. 1578 (2012 Series)
Page 19
r .L+RU.U2V 2012
TABLE 9 • USES ALLOWED BY ZONE • Continued
CltV' Of sdtl Luis OBispo
ZOI1111i, Qe.QWLltions
Land Use
Permit Requirement by Zoning District
specific use
Regulations
AG CIOS R1 R2. R3 RA PF O (1) C- 1J C -C C -D C -R C -T C'S M BP
TRAM W)RTATIrW A rnmmi Il.ltr'ATlntJq
Airport
PC
PC
PC
D
Ambulance, tab, andtor limousine dispatch
facility
A
D
D
Antennas and telecommunications facilities
D
D
D
D
D
D
D
D
D
D
D
IL16.120
Media Production - Broadcast studio
A
AID
A
A
A
A
Media Production - Backlotsioutdoor facilities
and soundstages
D
I D
D
Heliport
PC
PC
PC
Parking facility
PC(6)
PC(6
PC(6)
D(6)
D(6 )
D(6)
Parking facility - Multi- veil
PC(6)
PC(6
PC(6)
PC(6)
PC(6)
PC(6
Parking facility - Temporary
PC
0
D
D
D
D
D
D
D
17.08.010
RaiVoad facilities
D
A
Transit station or terminal
PC
PC
PC
D
A
Transit stop
A
A
A
A
A
A
A
A
Truck or freight terminal
A
A
D
Water and wastea^ater treatment plants and
services
I
I
PC
I
PC
Key: A = Allowed D = Directors Use Permit approval required PC= Planning Commission Use Permit approval rego'ved
AID = Director's approval on ground floor, allowed on second floor or above
Note: Footnotes affecting specific Land uses folkya the fable.
L1A jF Si
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
19
Ordinance No. 1578 (2012 Series)
Page 20
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 8. Chapter 17.100. L. Liquor Store /Alcohol Sales. Is hereby added to the
City of San Luis Obispo's Municipal to read as follows:
Liquor Store /Alcohol Sales. Any business selling alcoholic beverages as a 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.
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.
20
Ordinance No. 1578 (2012 Series)
Page 21
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 10th day of June 2012 on the following roll call
vote:
AYES:
Council Members Ashbaugh, Carter and Smith, and Mayor Marx
NOES:
None
ABSENT:
None
RECUSED
Vice Mayor Carpenter
ATTEST:
('2�p/ ��
Sheryl S oeder
Interim City Clerk
APPROVE S TO FO
J. 90stine Dietrick
ity Attorney
21
— alKoo�
Ma or an Marx