75A - PUBLIC HEARING ZONING NO 2020-01 AMEND CH 41

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Zoning Ordinance Amendment No. 2020-01 April 7, 2020 Page 2 At its February 24, 2020 meeting, the Planning Commission voted to recommend that the City Council approve the proposed amendments relating to development process streamlining and updating development standards, but determined that proposed amendments to Specific Development No. 19 (SD-19) and Specific Development No. 40 (SD-40) zoning districts should be furthered studied and analyzed before recommending approval of the two particular amendments. As such, the proposed amendments to Chapter 41 of the SAMC detailed below do not include amendments to SD-19 or SD-40. The proposed amendments to Chapter 41 (Zoning) of the SAMC are described and analyzed in Table 1: Summary of Amendments, below. Table 1: Summary of Amendments Code Section(s) Subject issues and Resolutions 41-196 Establishments Selling Issue: In 2013, new standards were approved for Alcoholic Beverages: alcohol sales and a typo was erroneously adopted, Amends the Public incorrectly citing exemptions to separation Convenience or requirements for off -sale establishments of less than Necessity (PCN) process 10,000 square feet in size, and ambiguous and distance exemptions language was included leaving uncertainty in the for proposed off -sale application of operational standards for off -sale alcohol licenses. establishments. Amendment Resolution: Correctly cites the two conditions of approval for a PCN that may not be waived, which are: 1) 1,000 linear foot distance from other establishments with an off -sale alcohol licenses; and 2) 1,000 linear foot distance to properties used for schools attended by minors, religious institutions, or for park purposes. Clarifies operational standards for off -sale alcohol licenses to include terms such as "shall' to ensure compliance with said standards. 41-766 Interpretation of Issue: The zoning code currently has a section Regulation: Authorizes addressing interpretation of ambiguous language the Executive Director of but is vague and does not authorize any the Planning and Building government body to interpret the ambiguity. Agency to have the ability to interpret any ambiguity Amendment Resolution: Authorizes and gives the within Chapter 41. Executive Director of the Planning and Building Agency the ability to interpret ambiguous language within Chapter 41 or defer the matter to the Planning Commission. 41-1341 Drive -Through Issue: Current code standards do not explicitly state Standards: Amends the points from which to measure the stacking lanes stacking and queuing nor do they account for current trends in drive- 75A-2