11A - ORDINANCE AMENDING CHAPTER 41 OF MUNI- CODE

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(c) Shall be designed to comply with the Citywide Design Guidelines established by resolution of the City Council. Section 6. Section 41-324-325. Reserved of Chapter 41 of the SAMC is hereby amended to read as follows: Secs. 41-325. — Reserved. Section 7. Section 41-766 (Interpretation of chapter) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-766. — Interpretation of chapter regulations. The Executive Director of the Planning and Building Agency, or his or her designee, shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Chapter. In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort and general welfare. Whenever the Executive Director determines that the meaning or applicability of any of the requirements of this Chapter are subject to interpretation generally, or as applied to a specific case, the Executive Director may issue an official interpretation or refer the question to the Planning Commission for determination. If ambiguity arises concerning the appropriate classification of a particular use or regulation within the meaning and intent of this Chapter with respect to any matters regulated by this Chapter based on established or unforeseen circumstances, including technological changes in processing or application of materials, the Executive Director shall have the power to interpret the regulation based on understanding of this Chapter. Applicants may appeal the Executive Director's interpretation to the Planning Commission for review and interpretation, which shall be final; thereafter, such interpretation shall govern. Section 8. Section 41-1341 (Restaurants, cafes, etc.) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1341. — Restaurants, cafes, etc. (a) The minimum off-street parking requirements for restaurants, cafes and other eating establishments are as follows: eight (8) spaces for each one thousand (1,000) square feet of gross floor area and open-air dining area except that an open-air dining area no greater than twenty-five (25) per cent of the gross floor area of the restaurant, or one thousand (1,000) square feet, whichever is smaller, is exempt from a parking requirement. (b) Each drive -through eating establishment shall have vehicular stacking lanes of at least eighty (80) feet from the center of the pick-up window or pay window, whichever is closer to the menu board; and eighty (80) feet #34604v1 11 A-24