HomeMy WebLinkAboutItem 3 - GENP-0327-2017 (Zoning Regulations Update) ArticlesMEMORANDUM
DATE: January 24, 2018
TO: Planning Commission
BY: Kyle Bell, Associate Planner
FROM: Doug Davidson, Deputy Director DD
SUBJECT: Zoning Regulations Update – Early Review of Article 1 (Enactment, Applicability,
and Enforcement), Article 5 (Nonconformities), Article 8 (Housing-Related
Regulations), additional review of the Draft Alcohol Outlet Memorandum.
The Zoning Regulations Outline has been provided for reference as Attachment 1, these draft
Articles have been provided for an early review by the Planning Commission as these documents
are still under review by Staff. These three straightforward Articles and non-controversial, and are
mostly reformatting of existing information. These Articles have been provided early for the
Commission review and will allow the more in-depth articles to be focused on at a later date.
Article 1 – Enactment, Applicability, and Enforcement
Refer to the Outline in Attachment 1 to identify which sections are new, and which sections have
been amended. Highlights are identified below;
•New sections to address relationship to CEQA, Design Guidelines, and Specific Plans
•Revised Rules of Interpretation
Article 5 – Nonconformities
Refer to the Outline in Attachment 1 to identify which sections are new, and which sections have
been amended. Highlights are identified below;
•Section 17.16.010E has been relocated under limits of reconstruction
•Section 17.16.035 has been relocated to address existing nonconforming large-scale retail
establishments
Article 8 – Housing-Related Regulations
Refer to the Outline in Attachment 1 to identify which sections are new, and which sections have
been amended. Highlights are identified below;
•Changes to address State Housing Laws
•Residential Occupancy Standards & High Occupancy Residential Use Regulations
Meeting Date: January 24, 2018
Item Number: 3
PC3-1
GENP-0327-2017
Memorandum: Zoning Regulations Update
Page 2
Draft Alcohol Outlet Memorandum
Continued review from the PC meeting on December 20, 2017. Police Captain Jeff Smith available
to answer questions regarding enforcement on Alcohol Outlets in the Downtown area.
S-Overlay Regulations
Confirm consensus on exploring additional S-Overlay zones.
ATTACHMENTS
1. Zoning Regulations Outline
2. Article 1
3. Article 5
4. Article 8
5. Draft Alcohol Outlet Memorandum
PC3-2
October 23, 2017
TO: Doug Davidson, Deputy Director of Community Development, Development Review
Kyle Bell, Associate Planner
City of San Luis Obispo
FROM: MIG Consultant Team
RE: Final Updated Zoning Regulations Outline
Below we present the outline for the reorganization of Title 17 (Zoning Regulations) of the San Luis
Obispo Municipal Code. This builds on the August 4, 2017 outline memo by incorporating revisions from
the public and Planning Commission at the September 13, 2017 Planning Commission study session ,
plus staff’s comments from September 14, 2017.
As we noted previously, this outline serves as a guide to the reorganization . Once we have reorganized,
we will use track changes to show amendments to regulations.
Article 1: Enactment, Applicability, and Enforcement
New (and Notes) Existing (and Notes)
CHAPTER 17.02. PURPOSE AND APPLICABILITY OF THE ZONING REGULATIONS
17.020.010 – Title 17.020.010 – Title
17.020.020 – Purpose and Authority 17.020.020 – Purpose
17.020.030 – General Requirements 17.020.030 – General Requirements
17.020.040– Relationship to Prior Ordinances and
Other Codes
New
17.020.050 – General Plan Consistency –
Regulations Interpretation and Application
17.020.050 – General Plan Consistency –
Regulations Interpretation and Application
17.02.060 – Relationship to California
Environmental Quality Act
Explains how processes are affected by CEQA
review.
New
17.02.070 – Relationship to Design Guidelines New
17.02.080 – Relationship to Specific Plans New
17.02.090 – Prior Rights and Violations New
17.02.100 – Limitations on Use New
17.02.110 – Severability, Partial Invalidation of the
Zoning Regulations
New
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Article 1: Enactment, Applicability, and Enforcement
New (and Notes) Existing (and Notes)
17.02.120 - Enforcement Chapter 17.72: Enforcement
CHAPTER 17.04. INTERPRETATION OF THE ZONING REGULATIONS
17.04.010 – Rules of Interpretation 17.020.040 - Interpretations
17.04.020 – Procedures for Interpretation 17.020.040 - Interpretations
17.04.030 – Uses Not Classified
This provides greater clarity on how the Director
deals with unclassified uses and formalizes a
process for recording interpretations.
New
17.04.050 – Text Takes Precedence over Graphics New
CHAPTER 17.06. ZONES ESTABLISHED AND ZONING MAP
17.06.010 – Purpose New
17.06.020 – Designation of Zones 17.060.010 – Designation of Zones
17.06.030 – Official Zoning Map 17.06.020 – Areas within the City to Be
Designated within a Zone District – Zoning Map
to be Part of these Regulations
17.06.040 – Uncertainty of Boundaries New
17.06.050 – Classification of Annexed Lands and
Unclassified Property 17.70.050 – Annexation and Prezoning
Article 2: Zones, Allowable Uses, and Development and Design Standards
New (and Notes) Existing (and Notes)
CHAPTER 17.10. USE REGULATIONS
17.10.010 – Use Regulations
This section will include current Table 9 (which may
have a new number).
Will include provisions for prohibited uses in current
17.22, elsewhere in the Zoning Regulations, and as
directed by City staff
Regarding the current Table 9 notes, we will look to
relocate the notes to the chapters addressing
specific zones and we will include a cross reference
in the “Specific Use Regulations” in Table 9.
17.22 Use Regulation (Table 9 and introductory
text)
17.08.070 – Mineral Extraction
Chapter 17.92: Onshore Support Facilities
CHAPTER 17.12. AGRICULTURAL (AG) ZONE
17.12.010 – Purpose and Application 17.33.010 – Purpose and Application
17.12.020 – Development Standards 17.33.020 – Property Development Standards
CHAPTER 17.14. CONSERVATION/OPEN SPACE (C/OS) ZONE
17.14.010 – Purpose and Application 17.32.010 – Purpose and Application
17.14.020 – Development Standards 17.32.020 – Property Development Standards
CHAPTER 17.16. LOW-DENSITY RESIDENTIAL (R-1) ZONE
17.16.010 – Purpose and Application 17.24.010 – Purpose and Application
17.16.020 – Development Standards 17.24.020 – Property Development Standards
17.16.040 – Recreational Vehicle Parking
17.16.050 – Manufactured Housing
17.16.060 – Guest Quarters 17.21.020 – Guest Quarters
17.16.070 – Accessory Dwelling Units 17.21.010 – Accessory Dwelling Units
Attachment 1
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Article 2: Zones, Allowable Uses, and Development and Design Standards
New (and Notes) Existing (and Notes)
CHAPTER 17.18. MEDIUM-DENSITY RESIDENTIAL (R-2) ZONE
17.18.010 – Purpose and Application 17.26.010 – Purpose and Application
17.18.020 – Development Standards 17.26.020 – Property Development Standards
17.18.030 – Recreational Vehicle Parking
CHAPTER 17.20. MEDIUM-HIGH DENSITY RESIDENTIAL (R-3) ZONE
17.20.010 – Purpose and Application 17.28.010 – Purpose and Application
17.20.020 – Development Standards 17.28.020 – Property Development Standards
17.20.030 – Recreational Vehicle Parking
CHAPTER 17.22. HIGH-DENSITY RESIDENTIAL (R-4) ZONE
17.22.010 – Purpose and Application 17.30.010 – Purpose and Application
17.22.020 – Development Standards 17.30.020 – Property Development Standards
17.22.030 – Recreational Vehicle Parking
CHAPTER 17.24. OFFICE (O) ZONE
17.24.010 – Purpose and Application 17.34.010 – Purpose and Application
17.24.020 – Development Standards 17.34.020 – Property Development Standards
CHAPTER 17.26. COMMERCIAL-NEIGHBORHOOD (C-N) ZONE
17.26.010 – Purpose and Application 17.38.010 – Purpose and Application
17.26.020 – Development Standards 17.38.020 – Property Development Standards
CHAPTER 17.28. COMMERCIAL-RETAIL (C-R) ZONE
17.28.010 – Purpose and Application 17.40.010 – Purpose and Application
17.28.020 – Development Standards 17.40.020 – Property Development Standards
CHAPTER 17.30. COMMERCIAL-COMMUNITY (C-C) ZONE
17.30.010 – Purpose and Application 17.41.010 – Purpose and Application
17.30.020 – Development Standards 17.41.020 – Property Development Standards
CHAPTER 17.32. COMMERCIAL-DOWNTOWN (C-D) ZONE
17.32.010 – Purpose and Application 17.42.010 – Purpose and Application
17.32.020 – Development Standards 17.42.020 – Property Development Standards
CHAPTER 17.34. COMMERCIAL-TOURIST (C-T) ZONE
17.34.010 – Purpose and Application 17.44.010 – Purpose and Application
17.34.020 – Development Standards 17.44.020 – Property Development Standards
CHAPTER 17.36. COMMERCIAL-SERVICE (C-S) ZONE
17.36.010 – Purpose and Application 17.46.010 – Purpose and Application
17.36.020 – Development Standards 17.46.020 – Property Development Standards
CHAPTER 17.40. MANUFACTURING (M) ZONE
17.40.010 – Purpose and Application 17.48.010 – Purpose and Application
17.40.020 – Development Standards 17.48.020 – Property Development Standards
CHAPTER 17.42. BUSINESS PARK (BP) ZONE
17.42.010 – Purpose and Application 17.49.010 – Purpose and Application
17.42.020 – Development Standards 17.49.020 – Property Development Standards
CHAPTER 17.46. PUBLIC FACILITY (PF) ZONE
17.46.010 – Purpose and Application 17.36.010 – Purpose and Application
17.46.020 – Development Standards 17.36.020 – Property Development Standards
17.46.030 – Public School Tenant Uses 17.36.030 – Public School Tenant Uses
CHAPTER 17.52. PLANNED DEVELOPMENT (PD) OVERLAY ZONE
17.52.010 – Purpose 17.50.010 – Purpose
17.52.020 – Applicability 17.50.020 – Application and Procedure
17.52.030 – Preliminary Development Plan 17.62.010 – Preliminary Development Plan
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Article 2: Zones, Allowable Uses, and Development and Design Standards
New (and Notes) Existing (and Notes)
Required
17.52.040 – Process for Approval 17.62.020 – Actions of the Planning Commission
17.62.030 – Actions of the Council
17.62.040 – Required Findings
17.62.045 – Decision and Findings
17.52.050 – Final Development Plan 17.62.060 – Final Development Plan
17.62.050 – Requirement for Development Plan
17.52.060 – Phasing 17.62.070 – Phasing
17.52.070 – Amendment to Final Development Plan 17.62.080 – Amendment of Final Development
Plan
17.52.080 – Revocation of PD Zoning 17.62.090 – Revocation of PD Zoning
CHAPTER 17.54. SPECIFIC PLAN (SP) OVERLAY ZONE
17.54.010 – Purpose and Application 17.52.010 – Purpose and Application
17.54.020 – Allowed Uses 17.52.020 – Allowed Uses
17.54.030 – Development Standards 17.52.030 – Development Standards
CHAPTER 17.56. SPECIAL FOCUS AREA (S-F) OVERLAY ZONE
17.56.010 – Purpose and Application 17.53.010 – Purpose and Application
17.56.020 – Allowed Uses 17.53.020 – Allowed Uses and Development
Standards
17.56.030 - Development Standards 17.53.020 – Allowed Uses and Development
Standards
17.56.040 – Subsequent Amendments 17.53.030 – Subsequent Amendments
CHAPTER 17.58. HISTORICAL PRESERVATION (H) OVERLAY ZONE
17.58.010 – Purpose and Application 17.54.010 – Purpose and Application
17.58.020 – Allowed Uses 17.54.020 – Allowed Uses
17.56.030 – Development Standards 17.54.030 – Development Standards
CHAPTER 17.60. MIXED USE (MU) OVERLAY ZONE
17.60.010 – Purpose 17.55.010 – Purpose
17.60.020 – Application and Procedure 17.55.020 – Application and Procedure
17.60.030 – Development and Design Standards
We propose to consolidate the MU provisions
throughout Title 17 into this chapter to make them
easier to use. Also, provisions beyond the current
regulations will be included to address LUCE policy
and to reflect elimination of the current live/work and
work/live provisions.
17.55.030 – Development Standards
17.08.072 – Mixed Use Projects
B. Mix of Uses
C. Maximum Density
D. Site Layout and Project Design Standards
17.60.040 – Design Considerations 17.087.072.A – Mixed Use Projects: Design
Considerations
17.60.050 – Performance Standards 17.087.072.E – Mixed Use Projects:
Performance Standards
17.60.060 – Requirements for Use Permit Projects 17.087.072.F – Mixed Use Projects:
Requirements for Use Permit Projects
CHAPTER 17.62. SPECIAL CONSIDERATION (S) OVERLAY ZONE
17.62.010 – Purpose and Application 17.56.010 – Purpose and Application
17.62.020 – Allowed Uses 17.56.020 – Allowed Uses
17.62.030 – Development Standards 17.56.030 – Development Standards
17.62.040 – Waiver of Use Permit Requirement with
Subdivision Map
17.56.040 – Waiver of Use Permit Requirement
with Subdivision Map
CHAPTER 17.64. AIRPORT (AOZ) OVERLAY ZONE
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Article 2: Zones, Allowable Uses, and Development and Design Standards
New (and Notes) Existing (and Notes)
17.64.010 – Purpose 17.57.010 – Purpose and Intent
17.64.020 – Applicability 17.57.020 – Applicability
17.57.050 – Airport Overlay Zone
17.64.030 – Allowed Uses 17.57.040 – Development Standards and Uses
and Table 10
17.64.040 – Development Standards 17.57.040 – Development Standards and Uses
17.64.050 – Procedures for Establishing Uses within
the AOZ
17.57.030 – Procedures
17.64.060 – Airspace Protection 17.57.060 – Airspace Protection
17.64.070 – Noise Compatibility Standards 17.57.070 – Noise
17.64.080 – Overflight Notice 17.57.080 – Overflight Notice
17.64.090 – Designated Clear Areas 17.57.090 – Open Land
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Article 3: Regulations and Standards Applicable to All Zones
New (and Notes) Existing (and Notes)
CHAPTER 17.XX. SITE DEVELOPMENT AND GENERAL DEVELOPMENT STANDARDS
▪ Permitted Projections into Required Setback
Areas
▪ Vision Clearance Triangle at Intersections
▪ Height Measurement and Exceptions
Regarding the remaining provisions below: Each will
be a separate chapter. W e have not listed the
detailed regulations for each topic.
New
17.16.020.D – What May Occupy Yards
17.16.020.E.2.f – Intersection Visibility
17.16.040 Height
Applicability of Other Provisions in the Zoning
Regulations
17.17.020 - Applicability of Other Provisions
17.16.005 - Applicability of Other Provisions
Accessory Structures in Residential Zones 17.21.030 – Accessory Structures
Building Setback Lines Chapter 17.74: Building Setback Lines (Plan
Line)
Coverage 17.16.030 – Coverage
Creek Setbacks 17.16.025 – Creek Setbacks
Density 17.16.010 – Density
Fences, Walls, and Hedges 17.16.050 – Fences, Walls, and Hedges=
Flood Damage Prevention Chapter 17.84: Flood Damage Prevention
Regulations
Night Sky Preservation Chapter 17.23: Night Sky Preservation
Outdoor Sales and Storage 17.16.090 – Screening of Outdoor Sales and
Storage
Parking and Loading 17.16.060 – Parking Space Requirements and
Table 6
17.16.070 – Parking and Driveway Design and
Exceptions
Performance Standards
A. Applicability
B. Air Contaminants
C. Discharges to Water or Public Sewer
System
D. Energy Conservation
E. Hazardous Materials
F. Heat and Cold
G. Illumination
H. Noise
I. Solid Waste
J. Vibration
Chapter 17.18: Performance Standards
New: Applicability (same as 17.18.090 – General
and Special Conditions), Hazardous Materials,
Cold
Property Maintenance Standards Chapter 17.17: Property Maintenance Standards
Public Art Requirements for Private Development
Definitions could be kept in this section or moved to
Definitions chapter.
Chapter 17.98: Public Art Requirements for
Private Development
Street Right-of-Way Dedication and Improvement Chapter 17.76: Street Right-of-Way Dedication
and Improvement
Water-Efficient Landscape Standards
We recommend keeping these definitions specific to
Chapter 17.87: Water Efficient Landscape
Standards
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Article 3: Regulations and Standards Applicable to All Zones
New (and Notes) Existing (and Notes)
this chapter here rather than place them in the
Definitions chapter.
Yards 17.16.020 – Yards (except D. and E.2.f)
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This is the place to consider adding any other uses for which the City has routine conditions it may wish
to codify. Also, each land use topic will be a separate chapter; we have not listed the detailed regulations
for each topic in this outline.
Article 4: Regulations for Specific Land Uses and Activities
New (and Notes) Existing (and Notes)
Adult Entertainment Businesses
We recommend keeping these definitions specific to
this chapter here rather than place them in the
Definitions chapter.
Chapter 17.95: Adult Entertainment Businesses
Alcoholic Beverage Sales - Deemed Approved
Regulations
17.11: Deemed Approved Alcoholic Beverage
Sales Regulations
Alcoholic Beverages and Motor Fuel – Concurrent
Sales
17.08.040 - Concurrent Sales of Motor Fuel and
Alcoholic Beverages
Bed and Breakfast Establishments Chapter 17.19: Bed and Breakfast
Establishments
Convenience Stores 17.08.095 – Convenience Stores
Day Care – Large Family (Seven to 14 children) 17.08.100 – Child and Adult Day Care
Day Care – Small Family (Eight or fewer children) 17.08.100 – Child and Adult Day Care
Day Care Centers – Adult and Children 17.08.100 – Child and Adult Day Care
Electronic Game Amusement Centers 17.08.060 – Electronic Game Amusement
Centers
Home Occupations 17.08.090 – Home Occupation
Homeless Shelters 17.08.110 – Homeless Shelters
Homestay Rentals 17.08.140 – Homestay Rentals
Outdoor Sales on Commercial and Residential Lots 17.08.020 - Outdoor Sales on Commercial and
Residential Lots
Pools and Pool Equipment - Location 17.08.120 – Location of Pool and Pool
Equipment
Public Utilities 17.08.080 – Public Utilities
Recreational Vehicle as Dwelling Unit—Limitations 17.16.015 – Recreational Vehicle as Dwelling
Unit
Religious Assembly Uses in Residential Zones
Suggest to include performance standards to
minimize conflicts in residential neighborhoods
New
Safe Parking 17.08.115 – Safe Parking
Satellite Dish Antenna 17.16.110 – Satellite Dish Antenna
Service Stations 17.08.030 – Service Stations
Temporary and Intermittent Uses 17.08.010 – Temporary and Intermittent Uses
Vending Machines 17.08.050 – Vending Machines
Wireless Telecommunications Facilities 17.16.120 – Wireless Telecommunications
Facilities
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Article 5: Nonconformities
New (and Notes) Existing (and Notes)
CHAPTER XX: NONCONFORMING STRUCTURES
Intent 17.14.010 - Intent
Regulations 17.14.020 – Regulations
17.16.035 – Size limits on large-scale retail
establishments
CHAPTER XX: NONCONFORMING USES
Intent 17.10.010 - Intent
Regulations 17.10.020 - Regulations
CHAPTER XX: NONCONFORMING LOTS
Intent 17.12.010 - Intent
Regulations 17.12.020 - Regulations
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This is the place to consider adding any other permitting or administrative provisions that would benefit
from codification. For example, should the Design Review Process be included here? Does the City have
a Zoning Clearance process? Administrative Adjustments?
Article 6: Permit Procedures
New (and Notes) Existing (and Notes)
CHAPTER XX: GENERAL PROVISIONS
Purpose and Intent New
Discretionary Permits and Action
This will include a chart showing the various permits
and responsible review/hearing bodies.
New
Exemptions from Permit Requirements New
Additional Permits May Be Required New
Burden of Proof and Precedence New
CHAPTER XX: PERMIT APPLICATION FILING AND PROCESSING
Purpose
This new chapter consolidates common provisions
from each of the chapters that address how to file
applications and how staff goes about reviewing
applications before sending them to the responsible
review/acting authority.
New
Authority for Land Use and Zoning Decisions New
Multiple Permit Applications New
Application Preparation and Filing 17.58.020 – Application Form
Application Fees Chapter 17.68: Fees
Applicant Indemnification New
Initial Application Review New
Project Evaluation and Staff Reports New
Environmental Review New
Reapplication for Denied Permit Application Chapter 17.64: Repeat Applications
Inactive Applications Chapter 17.65: Inactive Applications
CHAPTER XX: ADMINISTRATIVE AND PLANNING COMMISSION USE PERMITS
Purpose and Intent 17.58.010 – Purpose and Intent
Procedure – Administrative Use Permit 17.58.030 - Procedures
Procedure – Planning Commission Use Permit 17.58.030 - Procedures
Conditions of Approval 17.58.050 – Conditions of Approval
Criteria for Approval 17.58.060 – Criteria for Approval
Required Findings 17.58.040 - Findings
Requirement for and Compliance with Use Permits 17.58.070 - Requirement for and Compliance
with Use Permits
Modification of Use Permit New
Permit to Run with the Land New – This states State law.
CHAPTER XX: REASONABLE ACCOMMODATION
Purpose and Intent 17.61.010 – Purpose and Intent
Requests for Reasonable Accommodation 17.61.040 - Requests for Reasonable
Accommodation
Application Requirements 17.61.050 – Application Requirements
Review Authority 17.61.030 – Review Authority
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Article 6: Permit Procedures
New (and Notes) Existing (and Notes)
Conditions of Approval 17.61.080 – Conditions of Approval
Required Findings 17.61.060 - Required Findings
Occupancy Requirement 17.61.070 – Performance Standard
Modification of Use Permit New
Permit to Run with the Land New – This states State law.
Appeals 17.61.090 Appeals
CHAPTER XX: VARIANCES
Purpose and Intent 17.60.010 – Purpose and Intent
17.60.020 – Scope
Procedure 17.60.030 - Procedure
Burden of Proof New
Required Findings 17.60.040 - Findings
Expiration 17.60.050 - Expiration
Modification of Use Permit New
Permit to Run with the Land
This states State law.
New
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Article 7: Administration of Zoning Regulations
New (and Notes) Existing (and Notes)
CHAPTER XX: ADMINISTRATIVE RESPONSIBILITY
Purpose
This is a new chapter that sets forth the
responsibilities of the review authorities.
New
Community Development Director
Planning Commission
Architectural Review Commission Cross reference to Chapter 2.48
City Council
CHAPTER XX: AMENDMENTS - ZONING REGULATIONS AND ZONING MAP
Scope 17.70.010 – Scope
Authority to Initiate an Amendment 17.70.020 – Initiation
Processing, Notice, and Hearings 17.70.030 – Planning Commission Action
17.70.040 – Council Action
CHAPTER XX: GENERAL PLAN AMENDMENTS
Purpose 17.80.010 – Title
17.80.020 – Amendments to be made in manner
provided in this chapter
17.80.030 – Purpose
Authority to Initiate an Amendment 17.80.040 – Initiation of Amendments -
Applications
Schedule for and Coordination of Amendments 17.80.050 – Schedule for Amendments
17.80.080 – Coordination of Amendments
Processing, Notice, and Hearings 17.80.060 – Planning Commission Action
17.80.070 – Council Action
CHAPTER XX: APPEALS
Standing to Appeal 17.66.010 – Standing to Appeal
Time to File Appeal 17.66.020 – Time Limits
Content of Appeal Filing 17.66.040 – Content of Appeals
Course of Appeals 17.66.030 – Course of Appeals
Hearings and Notice 17.66.050 – Hearings and Notice
CHAPTER XX: PUBLIC NOTICES AND HEARINGS
Purpose
This chapter consolidates all similar requirements
throughout Title 17 regulating how hearings are
noticed, scheduled, and conducted.
Notice of Hearing
Scheduling of Hearing
Hearing Procedure
Recommendation by Planning Commission
Recommendation by Architectural Review
Commission
New
Cross reference to Chapter 2.48.
Coordination of Multiple Appeals on Single
Application
This is the new process we have discussed to bring
forward to the City Council, as one packet, appeals
New
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Article 7: Administration of Zoning Regulations
New (and Notes) Existing (and Notes)
on PC action and ARC action.
Effective Date of Decision
CHAPTER XX: DEVELOPMENT AGREEMENTS
Purpose and Scope 17.94.010 Purpose and Scope
Authority 17.94.020 Authority
Initiation of Hearings 17.94.030 Initiation of Hearings
Applications—Legal Interest 17.94.040 Applications—Legal Interest
Fees 17.94.050 Fees
Preapplication Review 17.94.060 Preapplication Review
Application—Contents 17.94.070 Application—Contents
Public Notice 17.94.080 Public Notice
Failure to Receive Notice 17.94.090 Failure to Receive Notice
Planning Commission Hearing and
Recommendation
17.94.100 Planning Commission Hearing and
Recommendation
City Council Hearing 17.94.110 City Council Hearing
City Council Action 17.94.120 City Council Action
Development Agreement—Contents 17.94.130 Development Agreement—Contents
Development Agreement—Adoption by Ordinance—
Execution of Contract
17.94.140 Development Agreement—Adoption
by Ordinance—Execution of Contract
Recordation of Executed Agreement 17.94.150 Recordation of Executed Agreement
Ordinance, Regulations, and Requirements
Applicable to Development
17.94.160 Ordinances, Regulations and
Requirements Applicable to Development
Subsequently Enacted State and Federal Laws 17.94.170 Subsequently Enacted State and
Federal Laws
Enforcement—Continuing Validity 17.94.180 Enforcement—Continuing Validity
Amendment—Time Extension—Cancellation 17.94.190 Amendment—Time Extension—
Cancellation
Review for Compliance—Director’s Authority 17.94.200 Review for Compliance—Director’s
Authority
Violation of Agreement—Council Review and Action 17.94.210 Violation of Agreement—Council
Review and Action
Modification or Termination for Violations 17.94.220 Modification or Termination for
Violations
Consequences of Termination 17.94.230 Consequences of Termination
Irregularity of Proceedings 17.94.240 Irregularity in Proceedings
Coordination of Approvals 17.94.250 Coordination of Approvals
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Article 8: Housing-Related Regulations
New (and Notes) Existing (and Notes)
CHAPTER XX: INCLUSIONARY HOUSING REQUIREMENTS
Purpose 17.91.010 - Purpose
Definitions 17.91.020 - Definitions
Applicability and Exclusions 17.91.030 - Applicability and Exclusions
General Standards 17.91.040 - General Standards
Procedures 17.91.050 - Procedures
In-lieu Housing Fee 17.91.060 - In-lieu Housing Fee
Affordable Housing Fund Established 17.91.070 - Affordable Housing Fund
Established
Real Property Dedication 17.91.080 - Real Property Dedication
Incentives 17.91.090 - Incentives
Project Application 17.91.100 - Project Application
Conditions of Approval 17.91.110 - Conditions of Development
Approval
Program Requirements 17.91.120 - Program Requirements
Eligibility Screening 17.91.130 - Eligibility Screening
Affordability Restrictions 17.91.140 - Affordability Restrictions
Shared Equity Purchase Program 17.91.150 - Shared Equity Purchase Program
Early Resale of Shared Equity Properties 17.91.151 - Early Resale of Shared Equity
Properties
Management and Monitoring 17.91.160 - Management and Monitoring
Enforcement and Appeals 17.91.170 - Enforcement and Appeals
Severability 17.91.180 - Severability
CHAPTER XX: AFFORDABLE HOUSING INCENTIVES
Purpose
These may require minor adjustments to conform to
recent changes in State law.
17.90.010 – Purpose
Definitions
We recommend keeping these definitions specific to
this chapter here rather than place them in the
Definitions chapter.
17.90.020 - Definitions
Application Process 17.90.030 - Application Process
Standard Incentives for Housing Projects 17.90.040 - Standard Incentives for Housing
Projects
Standard Incentives for Conversion of Apartments to
Condominium Projects
17.90.050 - Standard Incentives for Conversion
of Apartments to Condominium Projects
Alternative or Additional Incentives 17.90.060 - Alternative or Additional Incentives
Relationship to Other City Procedures 17.90.070 - Relationship to Other City
Procedures
Agreements for Affordable Housing 17.90.080 - Agreements for Affordable Housing
Fees
Because this fee provision is very specific to this
process, we recommend keeping it here instead of
with the more generic fee provisions.
17.90.090 – Fees
Affordability Standards 17.90.100 - Affordability Standards
Occupant Qualifications 17.90.110 - Occupant Screening
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SAN LUIS OBISPO ZONI NG REGULATIONS UPDAT E
final outline
15
Article 8: Housing-Related Regulations
New (and Notes) Existing (and Notes)
CHAPTER XX: DOWNTOWN HOUSING CONVERSION REGULATIONS
Purpose and Intent 17.86.010 - Purpose and Intent
Area of Applicability 17.86.020 - Area of Application
Definitions
We recommend keeping these definitions specific to
this chapter here rather than place them in the
Definitions chapter.
17.86.030 – Definitions
Land Uses Affected 17.86.040 - Land Uses Affected
No Net Housing Loss 17.86.050 - No Net Housing Loss
Exceptions 17.86.060 - Exceptions
Public Hearing Required 17.86.090 – Public Hearing—Notification
Conditions of Approval 17.86.080 – Conditions of Approval
Required Findings 17.86.070 – Findings Required
CHAPTER XX: RESIDENTIAL GROWTH M ANAGEMENT REGULATIONS
Purpose and Justification 17.88.010 - Purpose and Justification
Allocations 17.88.020 - Allocations
Periodic City Council Review and Consideration of
Revisions
17.88.030 - Periodic City Council Review and
Consideration of Revisions
Interim Urgency Regulations Chapter 17.20: Residential Occupancy
Standards
This section may be adjusted to ensure
compliance with federal fair housing laws. Other
regulations address the concern via regulating
the types of housing allowed in each zone,
building code limits on occupancy, parking
regulations for larger units, and requirements for
what constitutes a bedroom.
17.70.060 – Other Requirements
This section may be removed since it just states
Government Code requirements for urgency
ordinances and other provisions.
Chapter 17.93: High-Occupancy Residential
Use Regulations
This section may be adjusted to ensure
compliance with federal fair housing laws.
Attachment 1
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SAN LUIS OBISPO ZONI NG REGULATIONS UPDAT E
final outline
16
Article 9: Definitions
New (and Notes) Existing (and Notes)
CHAPTER XX: DEFINITIONS
A
Adult Business definitions will be kept in the Adult
Business provisions.
A
B B
C C
D D
E E
F F
17.84.020 Definitions (Floodplain Management
Regulations)
G G
H H
I I
J J
K K
L
A new section will be provided to group all Land Use
related (uses listed in Table 9) definitions.
L
M M
N N
O O
P P
17.989.020 Definitions (Public Art)
Q Q
R
R
17.61.020 Definitions (for Reasonable
Accommodation)
S S
T T
U U
V V
W W
X X
Y Y
Z Z
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SAN LUIS OBISPO ZONI NG REGULATIONS UPDAT E
final outline
17
Chapters/Sections Deleted and Why
Chapter or Section Reason for Deletion
17.08.130 – Live/Work and Work/Live Units Incorporated into Mixed Use Overlay regulations
17.16.100 – Utility Services Previously deleted by Ord. No. 1287
Chapter 17.82: Residential Condominium
Development and Conversions
Previously deleted by Ord. No. 1490
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December 13, 2017
TO: City Council
FROM: Doug Davidson, Deputy Director
PREPARED: Kyle Bell, Associate Planner / Jennifer Hooper, Planning Intern
VIA: Michael Codron, Community Development Director
SUBJECT: 2012 Alcohol Outlet Regulations – Review of Effectiveness
2012 Alcohol Outlet Amendments
Leading up to adoption of the 2012 Alcohol Outlet Regulations, staff collected information and
developed strategies to reduce public safety problems and negative impacts associated with alcohol
outlets. In October 2009, staff presented a study to the Council that correlated police-related
incidents with alcohol outlets, along with several recommendations. The study, conducted by Dr.
Fried Wittman of CLEW Associates, utilized a tool called Alcohol/Drug Sensitive Information
Planning System in a Geographic Information System, or ASIPS/GIS.
On November 16, 2010, staff provided an update to the Council on progress made in exploring
these strategies and initiated a Nightlife Public Safety Assessment. The Nightlife Public Safety
Assessment report was presented to Council in November 2011. Council direction was to bring
forth amendments to the Zoning Regulations that were intended to reduce public safety problems
associated with alcohol outlets. On June 19, 2012, the City Council adopted Ordinance No. 1578
that employed a full spectrum of techniques to address restaurants morphing into bars, including:
1) Elevated the review level for restaurants with late hour alcohol services;
2) Enhanced conditions of approval;
3) Address morphing of restaurants into bars through definitions and enforceable conditions;
4) Established performance standards for existing outlets (deemed approved provisions).
Deemed Approved Ordinance
The Deemed Approved Ordinance applies to existing alcohol serving establishments in operation
prior to the effective date of the Alcohol Outlet Regulations and includes the following 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,
Attachment 5
PC3-62
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.
It should be noted that there have been no violations of the Deemed Approved Ordinance from its
effective date on June 19, 2012, through June 30, 2017. The fact of having the Ordinance in place
along with a strong partnership with the Downtown Association has prevented alcohol-related
incidents and created a collaborative environment of working towards compliance while
maintaining the downtown as an attractive and safe place to live, work, shop and visit.
Alcoholic Beverage Control Department Licensing
The California Alcoholic Beverage Control Department (ABC) has licensing categories for
“restaurants” and “bars.” Despite these separate categories, the ABC licensing system allows
“restaurants” (serving food as the primary activity) to also function as “bars” intermittently after
peak restaurant hours (serving alcohol as the main focus). California ABC regulations include five
main license categories that distinguish bars from restaurants based on meal service and the type
of alcohol served:
1) On-Sale Beer (Beer Bars) or license Type 40;
2) On-Sale Beer and Wine for Bona Fide Public Eating Place (where full meals are served)
or license Type 41;
3) On-Sale Beer and Wine for Public Premises (Beer & Wine Bars) or license Type 42;
4) On-Sale General for Bona Fide Public Eating Place (Beer, Wine and Spirits, General
Restaurant) or license Type 47; and
5) On-Sale General for Public Premises (where full meals are not served, Bar/Tavern) or
license Type 48.
In addition, within the Downtown, the following alcohol license types also exist:
6) Small Beer Manufacturer Brew Pub or Micro-brewery (on-site sale of specialty beers only)
or license Type 23;
7) On-Sale General Brew Pub (Brewery & General Restaurant) or license Type 75.
While there are 22 types of alcohol licenses under ABC criteria (Attachment 2), the seven listed
above are the most prevalent within the Downtown Association Boundary.
Alcohol Outlets Concentration within Downtown Association Boundary
Previous reporting on alcohol outlets in downtown San Luis Obispo measured the instances of
alcohol outlets by census tract, which vary in size and geographical area. Using the Downtown
Association Boundary to measure the performance of alcohol outlets captures those locations
centralized downtown which are directly affected by the Deemed Approved Alcohol Outlet
Attachment 5
PC3-63
Regulations (Attachment 1). Table 1 below shows the total number of ABC licenses by type found
within the Downtown Association Boundary, recorded on a bi-annual basis (every two fiscal years)
since 2011-2012.
Table 1: Number of Alcohol Outlets per Type Bi-Annually
The Alcoholic Beverage Control Department uses census tracts for the purpose of quantifying
concentrations of alcohol licenses. The City contains 11 census tracts within (or partially within)
the City limits, with most alcohol licenses issued in census tracts 111.01 (Higuera Street and the
Downtown Core). A small portion of census tract 111.02 is also located within the Downtown
Association Boundary. Both census tracts are considered “over concentrated” under ABC criteria,
defined as more than one alcohol license for each 2,000 people per census tract. It should be noted
that San Luis Obispo County has a different standard, which considers over-concentration as a
ratio of one on-sale license per 405 persons per census tract.
Since the adoption of the alcohol outlet regulations, 16 new ABC alcohol licenses have been added
Downtown, none of which have been found in violation of their Use Permits (if the establishment
holds a Use Permit) or of the conditions of the alcohol outlet regulations. Licensee establishments
include 13 restaurants, two movie theaters, and one tasting room, as listed below.
1) Granada Hotel (Type 47, 2012) 9) Flour House (Type 47, 2015)
2) Wineman Grill House (Type 41, 2013) 10) Oasis Restaurant (Type 41, 2015)
3) La Locanda (Type 41, 2013) 11) Urbane Café (Type 41, 2015)
4) Pluto’s (Type 41, 2013) 12) Fremont Theater (Type 41, 2016)
5) Foremost (Type 41, 2014) 13) Thomas Hill Organics (Type 47, 2016)
6) The Movie Experience (Type 41, 2014) 14) Wing Stop (Type 41, 2016)
7) Barrelhouse (Type 23, 2015) 15) Mint + Craft (Type 41, 2017)
8) Libertine (Type 23, 2015) 16) Vegetable Butcher (Type 41, 2017)
3
33
2
18
4 2
62
0
10
20
30
40
50
60
70
Type 23 Type 41 Type 42 Type 47 Type 48 Type 75 TotalNumber of Alchol LicensesLicense Type
Number of Alcohol Outlets per Type within the
Downtown Association Boundary
2011-2013
2013-2015
2015-2017
Attachment 5
PC3-64
Attachment 3 lists all alcohol outlets, by business and address, within the boundaries of the
Downtown Association as of November 30, 2017. The list identifies a total of 61 alcohol outlets
within the Downtown Association boundary, 26 of which have a Use Permit to serve alcohol after
11 p.m., and 15 of which additionally have approval for live entertainment. Since the adoption of
the regulations in 2012, 11 new Use Permits have been approved or replaced pre-existing Use
Permits for alcohol outlets in the downtown, as shown in Table 2.
It should be noted that these 11 Use Permit requests (excluding Barrelhouse regarding food
services) were all approved with conditions to prevent restaurants from morphing into a bar or
nightclubs including but not limited to:
1) Limitations on hours of operation,
2) Restaurants shall offer full food menu service during all hours of operation; and
3) Employees attend security/safety training with ABC LEAD and/or San Luis Obispo Police
Department Alcohol Responsibility Training.
In addition, each Use Permit includes the condition that upon evidence of any substantiated written
complaints, which includes information that a violation of the Use Permit has occurred, the Use
Permit shall be reviewed at a public hearing before the Administrative Hearing Officer. During
this review additional conditions of approval may be added, deleted, modified or the permit may
be revoked.
Table 2: Number of Use Permits added within the Downtown Association Boundary per fiscal year.
Results from the Downtown Bar/Restaurant Inspection Program
The Community Development Department has established an annual Downtown Bar/Restaurant
Inspection Program. The inspection program is held in the evening with the team consisting of
staff from the Building Division, Code Enforcement Division, and the Fire Department. Staff
inspects a list of bars and restaurants downtown. Inspections are focused on identifying violations
of building and safety codes as well as determining compliance with Use Permit conditions of
0
5
10
15
20
25
30
2012-2013 2013-2014 2014-2015 2015-2016 2016-2017Number of Use PermitsFiscal Year
Use Permits Downtown
Use Permits Approved
Existing Use Permits
Attachment 5
PC3-65
approval. A number of building safety concerns have been identified during the inspections, and
two Use Permit violations were identified, which involved hours of operation and live
entertainment for restaurants with Type 47 licenses. These issues have since been resolved.
Noise Violations
Noise is also a concern in the downtown area; Table 3 below, indicates that noise violations have
decreased over the past four fiscal years. These violations are specific to alcohol outlets within the
Downtown Association Boundary between the hours of 9:00 p.m. and 3:00 a.m. It should be noted
that Table 3 only identifies the general location of the noise violations, and not if the business itself
is responsible for the violation.
Table 3: Downtown Alcohol Outlet Noise Violations per Fiscal Year
Police Incident Statistics Downtown
Downtown San Luis Obispo experiences an influx of individuals during the late evening to early
morning hours who are attracted to the bar scene. With the number of restaurants and bars centrally
located, downtown San Luis Obispo has become a destination location for individuals throughout
the County. For the most part, the Police Department experiences very few problems during the
early evening hours. T ypically, the Police Department begins to see an increase in calls around
10:00 p.m., which is associated with patrons attracted to the bar scene in the downtown area.
Between the hours of 10:00 p.m. and 3:00 a.m., most calls for service in the downtown area are
for individuals who are drunk in public, engaged in assaults, committing vandalism or urinating in
public.
Over the past four years the Police Department has seen a decrease in the number of arrests for
some of the above-mentioned calls. This can be attributed to the Police Department increasing
enforcement as directed through the expansion of the Downtown Officer program first funded with
0
2
4
6
8
10
12
14
16
18
20
2012-2013 2013-2014 2014-2015 2015-2016 2016-2017Number of Noise ViolationsFiscal Year
Downtown Alcohol Outlet Noise Violations
per Alcohol License Type
Type 41
Type 47
Type 48
Type 75
Attachment 5
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the 2013-15 Financial Plan. The purpose of the increased enforcement is to preserve the high
quality of life for residents and visitors in the downtown area.
In addition to patrols, the Police Department coordinates annual training for bar owners and their
staff. The training includes false ID identification, dealing with uncooperative subjects, and
identifying subjects who are intoxicated and should not be served alcohol. The Police Department
works with the Downtown Association during special events to address any concerns surrounding
these activities. Table 4 below illustrates total incidents in the downtown, including arrests, alcohol
offenses, intoxicated persons, and assaults. The timeframe for these incidents is from 9:00 p.m.
until 3:00 a.m. to focus on the busiest time in the downtown for police responses.
Table 4: Downtown Incidents per Fiscal Year
Conclusion
Since the effective date of the Alcohol Outlet Regulations on June 19, 2012, through June 30,
2017, there have been no violations of the 16 new alcohol licenses, or any violation to conditions
of the 11 newly added Use Permits, within the Downtown Association Boundary. In addition,
violations for pre-existing establishments have been on the decline. The City’s Downtown
Bar/Restaurant Inspection Program will continue to ensure compliance with the Alcohol Outlet
Regulations and Use Permit conditions for existing and future businesses in the downtown area.
A summary of the statuses for each of the violation categories are provided below;
• Deemed Approved Ordinance – no violations
0
50
100
150
200
250
11 7 16 6 6 11
3
25 32 29
17 18 19 12
59
48 58
45
31 35 40
87
61
90
51
88
50 56
151
112
81 79 94
78
52
156 162
200 210 223
203
170
Number of IncidentsFiscal Year
Downtown Incidents 2010-2017
Felony Assault
Vandalism
Misdemeanor Assault
Open Container
Urinating in Public
Drunk in Public
Attachment 5
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• Downtown Inspection Program – two use permit violations that have since been resolved
• Downtown Noise Violations – decreasing
• Downtown Police Incidents – decreasing (contributed, in part, to increased enforcement)
Attachments
1. Downtown Association Boundary Map
2. ABC License Types
3. Alcohol Outlets within the Downtown Association
Additional Resources
San Luis Obispo Police Department. (2017). 2016 Annual Report. City of San Luis Obispo.
Retrieved from http://www.slocity.org/home/showdocument?id=16481
San Luis Obispo Police Department. (2017). Measuring Our Performance, A Fiscal Comparison
with Selected Benchmark Cities. City of San Luis Obispo. Retrieved from
http://www.slocity.org/Home/ShowDocument?id=4907
State of California Department of Justice. (2017). CJSC Statistics: Crimes and Clearances.
Office of the Attorney General. Retrieved from http://oag.ca.gov/crime/cjsc/stats/crimes-
clearances
Wittman, F. (2012). Restaurants that “Morph” into Bars and Nightclubs in California
Communities: What’s the Problem and What Can Be Done About It? Community Prevention
Initiative. Retrieved from http://www.ca-
cpi.org/docs/Publications/Policy_Briefs/RestaurantsThatMorph_2012Oct_PolicyBrief.pdf
City of San Luis Obispo, Community Development Department. (2013) 2013 Study Session to
Review Effectiveness of 2012 Alcohol Outlet Amendments. Received from
http://opengov.slocity.org/weblink/DocView.aspx?id=16523&searchid=6e0db699-935f-
408a-8bcf-a291b55da393&dbid=1
G:\CD-PLAN\KBELL\Alcohol Outlets
Attachment 5
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DPALMABC License #23
ABC License #75
ABC License #48
ABC License #47
ABC License #42
ABC License #41
Downtown Association Boundary
Alcohol Outlets Context Map
0 500 1,000250Feet
Attachment 3Attachment 5PC3-69
ABC-616 (01-15)
Department of Alcoholic Beverage Control
COMMON ABC LICENSE TYPES
AND THEIR BASIC PRIVILEGES
State of California
LICENSE
TYPE
D ESC R I PT I O N
01 BEER MANUFACTURER - (Large Brewery) Authorizes the sale of beer to any person holding a license
authorizing the sale of beer, and to consumers for consumption on or off the manufacturer’s licensed
premises. Without any additional licenses, may sell beer and wine, regardless of source, to consumers for
consumption at a bona fide public eating place on the manufacturer’s licensed premises or at a bona fide
eating place contiguous to the manufacturer’s licensed premises. May conduct beer tastings under specified
conditions (Section 23357.3). Minors are allowed on the premises.
02 WINEGROWER - (Winery) Authorizes the sale of wine and brandy to any person holding a license
authorizing the sale of wine and brandy, and to consumers for consumption off the premises where sold.
Authorizes the sale of all wines and brandies, regardless of source, to consumers for consumption on the
premises in a bona fide eating place that is located on the licensed premises or on premises owned by the
licensee that are contiguous to the licensed premises and operated by and for the licensee. May possess
wine and brandy for use in the preparation of food and beverage to be consumed at the bona fide eating
place. May conduct winetastings under prescribed conditions (Section 23356.1; Rule 53). Minors are
allowed on the premises.
20 OFF SALE BEER & WINE - (Package Store) Authorizes the sale of beer and wine for consumption off
the premises where sold. Minors are allowed on the premises.
21 OFF SALE GENERAL - (Package Store) Authorizes the sale of beer, wine and distilled spirits for
consumption off the premises where sold. Minors are allowed on the premises.
23 SMALL BEER MANUFACTURER - (Brew Pub or Micro-brewery) Authorizes the same privileges and
restrictions as a Type 01. A brewpub is typically a very small brewery with a restaurant. A micro -brewery
is a small-scale brewery operation that typically is dedicated solely to the production of specialty beers,
although some do have a restaurant or pub on their manufacturing plant.
40 ON SALE BEER - (Bar, Tavern) Authorizes the sale of beer for consumption on or off the premises where
sold. No wine or distilled spirits may be on the premises. Full meals are not required; however, sandwiches
or snacks must be available. Minors are allowed on the premises.
41
ON SALE BEER & WINE – EATING PLACE - (Restaurant) Authorizes the sale of beer and wine for
consumption on or off the premises where sold. Distilled spirits may not be on the premises (except brandy,
rum, or liqueurs for use solely for cooking purposes). Must operate and maintain the licensed premises as a
bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales
of meals for consumption on the premises. Minors are allowed on the premises.
42 ON SALE BEER & WINE – PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer and wine
for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors are
not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not
required.
47 ON SALE GENERAL – EATING PLACE - (Restaurant) Authorizes the sale of beer, wine and distilled
spirits for consumption on the licenses premises. Authorizes the sale of beer and wine for consumption off
the licenses premises. Must operate and maintain the licensed premises as a bona fide eating place. Must
maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on
the premises. Minors are allowed on the premises.
48 ON SALE GENERAL – PUBLIC PREMISES - (Bar, Night Club) Authorizes the sale of beer, wine and
distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for
consumption off the premises where sold. Minors are not allowed to enter and remain (see Section 25663.5
for exception, musicians). Food service is not required.
49 ON SALE GENERAL – SEASONAL - Authorizes the same privileges and restrictions as provided for a
Type 47 license except it is issued for a specific season. Inclusive dates of operation are listed on the
license certificate.
Attachment 5
PC3-70
ABC-616 (01-15)
LICENSE
TYPE
D ESC R I PT I O N
51 CLUB - Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption
on the premises where sold. No off-sale privileges. Food service is not required. Minors are allowed on
the premises.
52 VETERAN’S CLUB - Authorizes the sale of beer, wine and distilled spirits, to members and guests only,
for consumption on the premises where sold. Authorizes the sale of beer and wine, to members and guest
only, for consumption off the licensed premises. Food service is not required. Minors are allowed on the
premises.
57 SPECIAL ON SALE GENERAL - Generally issued to certain organizations who cannot qualify for club
licenses. Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for
consumption on the premises where sold. Authorizes the sale of beer and wine, to members and guests
only, for consumption off the licensed premises. Food service is not required. Minors are allowed on the
premises.
59 ON SALE BEER AND WINE – SEASONAL - Authorizes the same privileges as a Type 41. Issued for a
specific season. Inclusive dates of operation are listed on the license certificate.
60 ON SALE BEER – SEASONAL - Authorizes the sale of beer only for consumption on or off the premises
where sold. Issued for a specific season. Inclusive dates of operation are listed on the license certificate.
Wine or distilled spirits may not be on the premises. Minors are allowed on the premises.
61 ON SALE BEER – PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer only for
consumption on or off the licensed premises. Wine or distilled spirits may not be on the premises. Minors
are not allowed to enter and remain (warning signs required). Food service is not required.
67 BED AND BREAKFAST INN - Authorizes the sale of wine purchased from a licensed winegrower or
wine wholesaler only to registered guests of the establishment for consumption on the premises. No beer or
distilled spirits may be on the premises. Wine shall not be given away to guests, but the price of the wine
shall be included in the price of the overnight transient occupancy accommodation. Removal of wine from
the grounds is not permitted. Minors are allowed on the premises.
70 ON SALE GENERAL – RESTRICTIVE SERVICE - Authorizes the sale or furnishing of beer, wine and
distilled spirits for consumption on the premises to the establishment’s overnight transient occupancy guests
or their invitees. This license is normally issued to “suite-type” hotels and motels, which exercise the
license privileges for guests’ “complimentary” happy hour. Minors are allowed on the premises.
75 ON SALE GENERAL – BREWPUB - (Restaurant) Authorizes the sale of beer, wine and distilled spirits
for consumption on a bona fide eating place plus a limited amount of brewing of beer. This license does not
authorize the sale of alcoholic beverages for consumption off the premises where sold. Minors are allowed
on the premises.
80 BED AND BREAKFAST INN – GENERAL - Authorizes the sale of beer, wine and distilled spirits
purchased from a licensed wholesaler or winegrower only to registered guests of the establishment for
consumption on the premises. Alcoholic beverages shall not be given away to guests, but the price of the
alcoholic beverage shall be included in the price of the overnight transient occupancy accommodation.
Removal of alcoholic beverages from the grounds is not permitted. Minors are allowed on the premises.
86 INSTRUCTIONAL TASTING LICENSE–Issued to the holder of and premises of a Type 20 or Type 21
licensee, authorizes the tasting of alcoholic beverages as authorized to be sold from the off-sale premises, on
a limited basis. Requires physical separation from the off-sale premises while tasting is taking place and
generally requires the participation of a specifically-authorized manufacturer or wholesaler licensee.
Attachment 5
PC3-71
ABC-616 (01-15)
SPECIAL EVENTS
The Department also issues licenses and authorizations for the retail sale of beer, wine and distilled spirits on a temporary basis
for special events. The most common are listed below. Other less common ones are found in Business and Professions Code
Section 24045.2, et seq.
SPECIAL DAILY BEER AND/OR WINE LICENSE - (Form ABC-221) Authorizes the sale of beer and/or wine for consumption
on the premises where sold. No off-sale privileges. Minors are allowed on the premises. May be revoked summarily by the
Department if, in the opinion of the Department and/or the local law enforcement agency, it is necessary to protect the safety,
welfare, health, peace and morals of the people of the State. In some instances, the local ABC office may require the applic ant to
obtain prior written approval of the local law enforcement agency. Issued to non-profit organizations. (Rule 59, California Code of
Regulations)
DAILY ON SALE GENERAL LICENSE - (Form ABC-221) Authorizes the sale of beer, wine and distilled spirits for
consumption on the premises where sold. No off-sale privileges. Minors are allowed on the premises. May be revoked summarily
by the Department if, in the opinion of the Department and/or the local law enforcement agency, it is necessary to protect th e safety,
welfare, health, peace and morals of the people of the State. In some instances, the local ABC office may require the applicant to
obtain prior written approval of the local law enforcement agency. Issued to political parties or affiliates supporting a ca ndidate for
public office or a ballot measure or charitable, civic, fraternal or religious organizations. (Section 24045.1 and Rule 59.5 California
Code of Regulations)
CATERING AUTHORIZATION - (Form ABC-218) Authorizes Type 47, 48, 51, 52, 57, 75 and 78 licensees (and catering
businesses that qualify under Section 24045.12) to sell beer, wine and distilled spirits for consumption at conventions, sporting
events, trade exhibits, picnics, social gatherings, or similar events. Type 47, 48 and 57 licensees may cater alcoholic beve rages at
any ABC-approved location in the State. Type 51 and 52 licensees may only cater alcoholic beverages at their licensed premises.
All licensees wishing to cater alcoholic beverages must obtain prior written authorization from the Department for each event . At all
approved events, the licensee may exercise only those privileges authorized by the licensee’s license and shall comply with a ll
provisions of the ABC Act pertaining to the conduct of on-sale premises and violation of those provisions may be grounds for
suspension or revocation of the licensee’s license or permit, or both, as though the violation occurred on the licensed premi ses.
(Section 23399 and Rule 60.5 California Code of Regulations)
EVENT AUTHORIZATION - (Form ABC-218) Authorizes Type 41, 42, 47, 48, 49, 57, 75 and 78 licensees to sell beer, wine and
distilled spirits for consumption on property adjacent to the licensed premises and owned or under the control of the license e. This
property shall be secured and controlled by the licensee and not visible to the general public. The licensee shall obtain prior
approval of the local law enforcement agency. At all approved events, the licensee may exercise only those privileges authorized by
the licensee’s license and shall comply with all provisions of the ABC Act pertaining to the conduct of on-sale premises (including
any license conditions) and violations of those provisions may be grounds for suspension or revocation of the licensee’s lice nse or
permit, or both, as though the violation occurred on the licensed premises. (Section 23399)
WINE SALES EVENT PERMIT - (Form ABC-239) Authorizes Type 02 licensees to sell bottled wine produced by the
winegrower for consumption off the premises where sold and only at fairs, festivals or cultural events sponsored by designated tax
exempt organizations. The licensee must notify the city and/or county where the event is being held and obtain approval from ABC
for each event (Form ABC-222). The licensee must also comply with all restrictions listed in Business and Professions Code Section
23399.6.
Note:
1. “Minor” means any person under 21 years of age.
2. Consult Section 25663(b) regarding age of employees in off-sale premises; consult Sections 25663(a) and 25663.5 regarding age of employees
in on-sale premises.
3. In certain situations, ABC may place reasonable conditions upon a license, such as restrictions as to hours of sale, employment of designated
persons, display of signs, restrictions on entertainment or dancing, etc. If a license has been conditioned, it will be endorsed as such on the face
of the license. (Conditional licenses, Sections 23800-23805.)
Attachment 5
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ABC-616 (01-15)
4. Licensees whose license allows minors on the premises may have a “house policy” restricting minors from entering certain area s of the premises
or prohibiting minors in the premises during certain hours.
5. This handout contains only abbreviated information. Contact your local ABC office for full information before doing anything which may
jeopardize your license. Also available from the ABC: Quick Summary of Selected ABC Laws (form ABC-608); Alcoholic Beverage Control
Act (complete laws); Rules & Regulations; and P-90 (describes privileges of non-retail licenses).
Attachment 5
PC3-73
Attachment 3
Business Name Business Address
ABC
License
Type
Use Permit Late Hours
(past 11 p.m.)
Live
Entertainment
Aisuru Sushi & Sake Bar 1017-1023 Monterey Street 41
Barrelhouse Brewing Co. 1033 Chorro Street 23 X X
Big Sky Café 1121 Broad Street 41
Black Sheep Bar & Grill 1117 Chorro Street 47 X X X
Bull's Tavern 1040 Chorro Street 48 X
Buona Tavola 1037 Monterey Street 41
California Pizza Kitchen 876 Marsh Street, Space E 47
Central Coast Wines 712 Higuera Street 42
Chipotle Mexican Grill 853 Higuera Street 41
Chronic Tacos 892 Marsh Street 41
Ciopinot 1051 Nipomo Street 47
Creeky Tiki 778 & 782 Higuera Street,
Suite D & G 47 X X X
El Matador 1032 Chorro Street 41
Eureka! 1141 Chorro Street 47 X X X
F Mclintock's Saloon 686 Higuera Street 47 X X
Firestone Grill 1001 Higuera Street, Suite A 47
Flour House 690 Higuera Street 47
Foremost Wine Company 570 Higuera Street, Suite 105,
110 & 115 41 X X
Fremont Theater 1035 Monterey Street 41
Frog & Peach Pub 728 Higuera Street 48 X X X
Giuseppe's Cucina Rustica 849 & 853 Monterey Street 47 X X
Granada 1120, 1126 & 1128 Morro
Street 47
Japanese Restaurant Goshi 570 Higuera Street, Suite 20 41
Koberl At Blue 998 Monterey Street 47 X X X
Kreuzberg 685 Higuera Street 41 X X X
La Locanda 1137 & 1141 Garden Street 41
Libertine Brewing 1234 Broad Street 23 X
Lotus Best 1131 Broad Street 41
Luis Wine Bar 1021 Higuera Street 42 X X
Luna Red 1023 Chorro Street 47 X X X
Mama's Meatball 570 Higuera Street, Suite 125,
130 & 135 41
Marstons 673 Higuera Street 47 X X X
McCarthy's Irish Pub 600 Marsh Street 48 X X
Attachment 5
PC3-74
Metro Brewing 1040 Broad Street 75 X X
Mint + Craft 848 Monterey Street 41
Mo's Smokehouse BBQ 1005 Monterey Street 41
Mother's Tavern 725 Higuera Street 47 X X X
Natural Café 698 Higuera Street 41
Novo Restaurant 726 Higuera Street 47 X X X
Oasis Restaurant 675 Higuera Street 41
Old San Luis Barbecue 670 Higuera Street, Suite B C
& D 41
Pizza Solo 891 Higuera Street 41
Pluto's 1122 Chorro Street 41
Sidecar 1127 Broad Street 47 X X
SLO Brew 736 Higuera Street 75 X X X
SLO Taps LLC
(Blast 825 Taproom) 733 Higuera Street 41 X X X
Spike's Pub 570 Higuera Street, Space 2 41 X
Splash Café 893 Higuera Street 41
Sumo Sushi 667 Marsh Street, Suite C 41
Thai Palace Restaurant 1015 Court Street 41
The Bro Collective
(Buffalo Pub and Grill) 717 Higuera Street 47 X X X
The Library 723 Higuera Street 48 X X X
The Movie Experience 888 Marsh Street 41
The Naked Fish 857 Higuera Street 41
Thomas Hill Organics 858 Monterey Street 47 X X
Underground Brewing
Company, LLC 1040 Broad Street 23 X
Urbane Café 952 Higuera Street 41
Vegetable Butcher 712 Higuera Street 41
Wineman Grillhaus 851 Higuera Street 41 X X
Wing Stop 1029 Chorro Street 41
Woodstock's Pizza 1000 Higuera Street 41 X X
Totals 26 27 15
Attachment 5
PC3-75