Part 5.75

TAPROOM OR TASTING ROOM AND OFF-SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A WINERY, BREWERY, OR DISTILLERY

Sections:

20.80.476 Administrative permit required. 20.80.477 Findings.

20.80.478 Taproom or tasting room in downtown zoning districts.

20.80.479 Taproom or tasting room in commercial, urban village, and mixed use zoning districts.

20.80.480 Taproom or tasting room in industrial zoning districts.

Sections:

No person shall place or operate or allow or suffer the operation of any taproom or tasting room

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facility which serves members of the public on any privately-owned parcel or lot except in compliance with an administrative permit issued pursuant to this title. The application for such administrative permit may be filed by the operator of the taproom or tasting room pursuant to the requirements of Chapter 20.100. Alternatively, applicants can apply for a special use permit or conditional use permit for uses which do not meet the regulations of the administrative permit. (Ords. 30372, 30603.)

• A. The administrative permit shall be granted only if the director makes the following findings:

  1. The taproom or tasting room facility, as designed and at the location requested, will not create adverse impacts on the health, safety, or welfare of persons residing or working in the surrounding area; and

  2. The proposed site is adequate in size and shape to accommodate the taproom or tasting room, and any manufacturing uses on site.

• B. The director shall deny the application where the information submitted by the applicant fails to satisfactorily substantiate such findings.

(Ords. 30372, 30603.)

• A. In Downtown Zoning Districts, an Administrative Permit may be issued pursuant to the applicable provisions of this Title for the offsale of alcohol or the addition of a tap room or tasting room, only if the applicant meets the following criteria:

  1. Use Authorization. The Administrative Permit authorizes the following uses to be implemented on the property subject to the Permit:

     • a. A drinking establishment (taproom or tasting room) in conjunction with a winery, brewery, or distillery.

  • b. Off-sale of alcohol as incidental to a winery, brewery, or distillery.

  • c. A standalone drinking establishment (taproom or tasting room) with off-sale of alcohol.

2. Alcohol Service and Sale. Alcohol service shall be conducted in full compliance with the issued ABC license.

3. Limitation on Area of Alcohol Sales. In Downtown Zoning Districts there are no restrictions on the size of retail space, including taprooms, tasting rooms, or any retail display areas. The alcohol available for retail sale shall be limited only to those alcoholic beverages manufactured and produced on-site or in the case of a duplicate license, at the ABC license holder's primary manufacturing site.

4. Vendor Delivery Parking. The permittee shall discourage vendors from parking delivery vehicles illegally on City streets and shall identify to vendors the available legal loading and unloading zones.

5. Warehousing, Storage and Bottling. In Downtown Zoning Districts the manufacturing space should not exceed 70% of the total square footage. All aspects of manufacturing should be conducted in a fully enclosed building.

6. Outdoor Storage. No outdoor storage is allowed or permitted unless designated on the approved plan set.

7. Outdoor areas. Outdoor seating or dining areas shall not be located within 150 horizontal feet of any residential unit and shall be closed to the public by 10:00 p.m. Existing, previously approved, outdoor seating areas may be permitted within 150 feet of residential units. Locations within 150 from residential units may be permitted if they conform to the following criteria:

   • a. The outdoor area is completely separated from residentially zoned property by a non-residential build-

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ing or by a minimum distance of one hundred feet that includes a public street with a minimum public right-of-way dimension of eighty feet; and

• b. The outdoor area does not include any equipment to produce any noise that does not comply with Section 20.40.600 of Chapter 20.40; and

• c. The outdoor dining area does not operate between the hours of 10:00 p.m. and 6:00 a.m.

8. Hours of Operation: Taproom or tasting room uses shall not be open to the public before 11:00 a.m. and shall not be open past 12:00 a.m.

9. Food trucks. One food truck per site may be permitted, subject to the outdoor vending regulations detailed in Part 10 of Chapter 20.80.

10. Nuisance. This use shall be operated in a manner that does not create a public or private nuisance. Any such nuisance shall be abated immediately upon notice by the City.

11. Noise and Acoustics. The permittee shall prevent disturbing or unreasonable noise which can be heard from neighboring properties. Ambient music provided for the listening enjoyment of customers is exempted.

12. Anti-Graffiti. The permittee shall remove all graffiti from buildings, fences, and wall surfaces within 48 hours of defacement.

13. Anti-Litter. The site and surrounding area shall be maintained free of litter, refuse, and debris:

• a. Cleaning shall include keeping all publicly used areas free of litter, trash, cigarette butts and garbage.

• b. The operator of the proposed use shall clean the public right of way immediately adjacent to the subject site before 8:00 a.m. each day, un-

less it is a participant in a Property Business Improvement District which provides such sidewalk cleaning services for the neighborhood in the vicinity of the project site, including the immediately adjacent public right of way.

• c. Mechanical equipment used for outside maintenance, including blowers and street sweepers may not be used between 10:00 p.m. and 6:00 a.m. daily.

14. Revocation, Suspension, Modification. The Administrative Permit may be revoked, suspended or modified by the Director of Planning on appeal, at any time regardless of who is the owner of the subject property or who has the right to possession thereof or who is using the same at such time, whenever, after a noticed hearing in accordance with Part 2, Chapter 20.100, Title 20 of the San José Municipal Code a finding is made under Section 20.100.350.

(Ords. 30372, 30603.)

• A. In Commercial, Urban Village, and Mixed Use Zoning Districts, an Administrative Permit may be issued pursuant to the applicable provisions of this Title for the off-sale of alcohol or the addition of a tap room or tasting room, only if the applicant meets the following criteria:

  1. Use Authorization. The Administrative Permit authorizes the following uses to be implemented on the property subject to the Permit:

     • a. A drinking establishment (taproom or tasting room) in conjunction with a winery, brewery, or distillery.

     • b. Off-sale of alcohol as incidental to a winery, brewery, or distillery.

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• c. A standalone drinking establishment (taproom or tasting room) with off-sale of alcohol.

2. Alcohol Service and Sale. Alcohol service shall be conducted in full compliance with the issued ABC license.

3. Limitation on Area of Alcohol Sales. In Commercial, Urban Village, and Mixed Use Zoning Districts the size of retail space, including tap rooms, tasting rooms, or any retail display areas must not exceed 5,000 square feet. The alcohol available for retail sale shall be limited only to those alcoholic beverages manufactured and produced on-site or in the case of a duplicate license, at the ABC license holder's primary manufacturing site.

4. Vendor Delivery Parking. The permittee shall discourage vendors from parking delivery vehicles illegally on City streets and shall identify to vendors the available legal loading and unloading zones.

5. Warehousing, Storage and Bottling. In Commercial, Urban Village, and Mixed Use Zoning Districts the manufacturing space should not exceed 70% of the total square footage. All aspects of manufacturing should be conducted in a fully enclosed building.

6. Outdoor Storage. No outdoor storage is allowed or permitted unless designated on the approved plan set.

7. Outdoor areas. Outdoor seating or dining areas shall not be located within 150 horizontal feet of any residential unit and shall be closed to the public by 10:00 p.m. Existing, previously approved, outdoor seating areas may be permitted within 150 feet of residential units. Locations within 150 from residential units may be permitted if they conform to the following criteria:

   • a. The outdoor area is completely separated from residentially zoned property by a non-residential build-

ing or by a minimum distance of one hundred feet that includes a public street with a minimum public right-of-way dimension of eighty feet; and

• b. The outdoor area does not include any equipment to produce any noise that does not comply with Section 20.40.600 of this chapter; and

• c. The outdoor dining area does not operate between the hours of 10:00 p.m. and 6:00 a.m.

8. Hours of Operation: Taproom or tasting room uses shall not be open to the public before 11:00 a.m. and shall not be open past 10:00 p.m.

9. Food trucks. One food truck per site may be permitted, subject to the outdoor vending regulations detailed in Part 10 of Chapter 20.80.

10. Nuisance. This use shall be operated in a manner that does not create a public or private nuisance. Any such nuisance shall be abated immediately upon notice by the City.

11. Noise and Acoustics. The permittee shall prevent disturbing or unreasonable noise which can be heard from neighboring properties. Ambient music provided for the listening enjoyment of customers is exempted.

12. Anti-Graffiti. The permittee shall remove all graffiti from buildings, fences, and wall surfaces within 48 hours of defacement.

13. Anti-Litter. The site and surrounding area shall be maintained free of litter, refuse, and debris:

• a. Cleaning shall include keeping all publicly used areas free of litter, trash, cigarette butts and garbage.

• b. The operator of the proposed use shall clean the public right of way immediately adjacent to the subject site before 8:00 a.m. each day, un-

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less it is a participant in a Property Business Improvement District which provides such sidewalk cleaning services for the neighborhood in the vicinity of the project site, including the immediately adjacent public right of way.

• c. Mechanical equipment used for outside maintenance, including blowers and street sweepers may not be used between 10:00 p.m. and 6:00 a.m. daily.

14. Revocation, Suspension, Modification. The Administrative Permit may be revoked, suspended or modified by the Director of Planning on appeal, at any time regardless of who is the owner of the subject property or who has the right to possession thereof or who is using the same at such time, whenever, after a noticed hearing in accordance with Part 2, Chapter 20.100, Title 20 of the San José Municipal Code a finding is made under Section 20.100.350.

(Ords. 30372, 30603.)

• A. In Industrial Zoning Districts, an Administrative Permit may be issued pursuant to the applicable provisions of this title for the offsale of alcohol or the addition of a tap room or tasting room, only if the applicant meets the following criteria:

  1. Use Authorization. The Administrative Permit authorizes the following uses to be implemented on the property subject to the Permit:

     • a. A drinking establishment (taproom or tasting room) in conjunction with a winery, brewery, or distillery.

     • b. Off-sale of alcohol as incidental to a winery, brewery, or distillery.

2. Alcohol Service and Sale. Alcohol service shall be conducted in full compliance with the issued ABC license.

3. Limitation on Area of Alcohol Sales. In Heavy Industrial (HI) and Light Industrial (LI) Zoning Districts the size of retail space, including tap rooms, tasting rooms, or any retail display areas must not exceed 20% of the total tenant space (inclusive of outdoor areas). There is no limit on the size of the retail space in other Industrial Zoning Districts. The alcohol available for retail sale shall be limited only to those alcoholic beverages manufactured and produced on-site.

4. Vendor Delivery Parking. The permittee shall discourage vendors from parking delivery vehicles illegally on City streets and shall identify to vendors the available legal loading and unloading zones.

5. Warehousing, Storage and Bottling. In Industrial Zoning Districts there are no limits on the size of manufacturing space. All aspects of manufacturing should be conducted in a fully enclosed building.

6. Outdoor Storage. No outdoor storage is allowed or permitted unless designated on the approved plan set.

7. Outdoor Areas. Outdoor seating or dining areas shall not be located within 150 horizontal feet of any residential unit and shall be closed to the public by 10:00 p.m. Existing, previously approved, outdoor seating areas may be permitted within 150 feet of residential units. Locations within 150 from residential units may be permitted if they conform to the following criteria:

   • a. The outdoor area is completely separated from residentially zoned property by a non-residential building or by a minimum distance of one hundred feet that includes a public street with a minimum public right-of-way dimension of eighty feet; and

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• b. The outdoor area does not include any equipment to produce any noise that does not comply with Section 20.40.600 of Chapter 20.40; and

• c. The outdoor dining area does not operate between the hours of 10:00 p.m. and 6:00 a.m.

8. Hours of Operation: Taproom or tasting room uses shall not be open to the public before 11:00 a.m. and shall not be open past 10:00 p.m.

9. Food trucks. One food truck per site may be permitted, subject to the outdoor vending regulations detailed in Part 10 of Chapter 20.80.

10. Nuisance. This use shall be operated in a manner that does not create a public or private nuisance. Any such nuisance shall be abated immediately upon notice by the City.

11. Noise and Acoustics. The permittee shall prevent disturbing or unreasonable noise which can be heard from neighboring properties. Ambient music provided for the listening enjoyment of customers is exempted.

12. Anti-Graffiti. The permittee shall remove all graffiti from buildings fences, and wall surfaces within 48 hours of defacement.

13. Anti-Litter. The site and surrounding area shall be maintained free of litter, refuse, and debris:

• a. Cleaning shall include keeping all publicly used areas free of litter, trash, cigarette butts and garbage.

• b. Mechanical equipment used for outside maintenance, including blowers and street sweepers may not be used between 10:00 p.m. and 6:00 a.m. daily.

14. Revocation, Suspension, Modification. The Administrative Permit may be revoked, suspended or modified by the Director of Planning on appeal, at any time

regardless of who is the owner of the subject property or who has the right to possession thereof or who is using the same at such time, whenever, after a noticed hearing in accordance with Part 2, Chapter 20.100, Title 20 of the San José Municipal Code a finding is made under Section 20.100.350.

(Ords. 30372, 30603.)

Part 6

EMERGENCY RESIDENTIAL SHELTER

Sections:

• A. An emergency residential shelter must provide at least one security guard during the shelter's hours of operation.

• B. All lighting or illumination shall conform with any lighting policy adopted by the City Council.

• C. Medical assistance, training, counseling, and personal services essential to enable homeless persons to make the transition to permanent shelter may be provided, with or without meals, as an incident to the operation of an emergency residential shelter.

• D. A Shelter Management Plan shall be a condition of any Conditional Use Permit approved and should address issues including good neighbor issues, transportation issues, client supervision, client services, and food services.

• (Ords. 26248, 28460; 31149.)