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Home My WebLink About03/01/2004, C2 - FINAL ADOPTION OF ORDINANCE NO. 1446 (2004 SERIES), AMENDING THE MUNICIPAL CODE AND THE CITY'S ZONI r _ j acEnaa i2Epom CITY OF SAN LUIS O B I S P O FROM: John Mandeville, Community Development Director PREPARED BY: Philip Dunsmore, Associate Planner SUBJECT: FINAL ADOPTION OF ORDINANCE NO. 1446 (2004 SERIES), AMENDING THE MUNICIPAL CODE AND THE CITY'S ZONING REGULATIONS WITH REGARD TO CONCURRENT SALES OF ALCOHOLIC BEVERAGES AND MOTOR FUEL (TA 108-03) CAO RECOMMENDATION Adopt Ordinance No. 1446 on second reading. DISCUSSION Situation On February 17, 2004, the City Council voted 3 to 2 to introduce Ordinance No. 1446 to print, approving amendments to the Municipal Code for consistency with the Business and Professions Code, allowing the sale of beer or wine at service stations subject to development standards to protect the public health, safety and welfare, and approval of an Administrative Use Permit. The amendments will.exempt retail uses that share a large parcel with a service station. Ordinance No. 1446 is now ready for final passage. The amendments will become effective 30 days after its final passage. Final passage of Ordinance No. 1446 (2004 Series) will repeal Municipal Code section 5.36.020 in its entirety and amend sections 17.08.040 and 17.100 of the City's Zoning Code to regulate concurrent sales of motor fuel and beer or wine and update the City's definition of a service station. City file#: TA 108-03. Significant Impacts No significant fiscal or environmental impacts are anticipated with the amendments. A Negative Declaration of Environmental impact has been prepared. Consequences of Not Taking the Recommended Action If the Council does not give final passage to the ordinance, the municipal code will remain unchanged and the City will continue to prohibit the sale of beer or wine at service stations. Failure to act will result in the City's Municipal Code being out of compliance with the State's Business and Professions Code. Attached: Ordinance No. 1446 G:\GROUPS\COMDEV\CD-PLAN\Pdunsmore\Text AmendmentsTuel&AlcohoMound 2(2004)\CC 2nd read(3-1-04).doc 1 j ORDINANCE NO. 1446 (2004 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE MUNICIPAL CODE AND THE CITY'S ZONING REGULATIONS WITH REGARD TO CONCURRENT SALES OF ALCOHOLIC BEVERAGES AND MOTOR FUEL WHEREAS, the Planning Commission conducted a public hearing on January 14, 2004, and recommended approval of revisions to the Municipal Code and the City's Zoning Regulations relating to concurrent sales of alcoholic beverages and motor fuel; and WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on February 17, 2004, for the purpose of considering changes to the Municipal Code and the City's Zoning Regulations relating to concurrent sales of alcoholic beverages and motor fuel; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that Negative Declaration adequately addresses the potential significant environmental impacts of the proposed modifications to the Municipal Code and Zoning Regulations, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration. SECTION 2. Section 5.36.020 (Alcoholic Beverages-Sale Prohibited-Exceptions) of Chapter 5:36 (Service Stations) of Title 5 (Licenses, Permits and Regulations) of the City of San Luis Obispo Municipal Code is hereby repealed in its entirety. SECTION 3. Section 17.08.040 (Concurrent Sales of Motor Fuel and Alcoholic Beverages) of Chapter 17.08 (Uses Allowed in Several Zones) of Title 17 (Zoning Regulations) of the San Luis Obispo Municipal Code is hereby amended to read as follows: 17.08.040 Concurrent sales of motor fuel and alcoholic beverages from service stations. Concurrent sales of motor fuel and alcoholic beverages at a service station other than beer or wine . are prohibited. The concurrent sales of motor fuel and beer or wine at a service station shall be subject to the approval of an Administrative Use Permit and the following: ca ^�. 1! 1 City Council Ordinance No. 1446 (2004 Series) Page 2 A. There shall be no sales of beer or wine for on-site consumption; B. Beer or wine may be sold only in conjunction with selling groceries and other sundries and convenience items; C. There shall be no advertisement or display of beer or wine visible from off the premises; D. No beer or wine shall be displayed within 5 feet of the cash register or front door; E. No advertisement of beer or wine shall be displayed at motor fuel islands and no self-illuminating advertising for beer or wine shall be located on buildings or windows; F. No sales of beer or wine shall be made from a drive-in window; G. No display or sales of beer or wine shall be made from an ice tub. H. Employees on duty between the hours of 10 p.m..and 2 a.m. who sell beer or wine shall be at least 21 years of age. I. For purposes of this section, "concurrent sales of motor fuel and beer or wine" shall mean the ability to purchase motor fuel and beer or wine at the same time or at the same place. More specifically, a service station that permits a customer to pay for motor fuel and beer or wine: 1) at the same location, or 2) utilizing a single financial transaction, is engaging in concurrent sales of motor fuel and beer or wine and shall be subject to this ordinance. J. In order to grant approval of a Use Permit, the Hearing Officer must make the following findings in addition to findings contained in Section 17.58.040: 1. The establishment of concurrent sales of motor fuel and beer or wine is consistent with the provisions of the Business and Professions Code Section 23790.5. 2. The sale of beer or wine at this location does not jeopardize the public health, safety or welfare, e.g., will not result in an over concentration of businesses selling or serving alcoholic beverages within the vicinity. 3. The sale of beer or wine at a service station is otherwise allowed within the same zoning district at this location and the sale of beer or wine concurrent with motor fuel would not result in the expansion of a non-conforming use. SECTION 4. The definition of"Service Station" set forth at Chapter 17.100 (Definitions) of Title 17 (Zoning Regulations) of the San Luis Obispo Municipal Code is hereby amended to read as follows: Service Station. "Service station" means any business where motor fuel is offered for retail sale, whether or not in conjunction with minor retail uses such as mini markets and similar ancillary uses. "Service station" includes the sale and installation of tires, batteries and automotive accessories; lubrications; and the testing, adjustment and repair of motor parts, brakes, tires and accessories. It also includes accessory sales of fuel oil, butane, propane, and liquefied petroleum gas (LPG). Service station does not include steam cleaning, mechanical car washing, tire recapping, body or chassis repair or painting, which are instead included under "vehicle services;" or the sale, rental or storage of motor vehicles, trailers or other equipment, which are included under "auto and vehicle sales/rental." Service Station does not include separate retail or other non-related commercial uses on the same property that have independent points of sale separated from CQ -� i City Council Ordinance No. 1446 (2004 Series) Page 3 the motor fuel point of sale by a distance of at least 250 feet. A point of sale shall be defined as the actual location of the transaction including, but not limited to, a cash register or automated payment station. SECTION 5. A summary of this ordinance, together with the names of Council members voting for an against shall be published at least five (5) days prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect thirty (30) days after its final passage. INTRODUCED on the day of , 2004, and FINALLY ADOPTED by the Council of the City of. San Luis Obispo on the day of 2004, on the following role call vote: AYES`. NOES: ABSENT: Mayor David F. Romero ATTEST: Lee Price, City Clerk APPROVED: Jona . Lowell, City Attorney F:\GROUPS\COMDEV\CD-PLAMPdunsmore\Text Amendments\Fuel&AlcohohRound 2(2004)\CC ord 2-14-04.doc