The URL can be used to link to this page

Home My WebLink About04/05/1994, C-3 - TA 02-94 - REQUEST TO AMEND THE TEXT OF THE ZONING REGULATIONS TO ALLOW ADDITIONAL USES IN THE NEIGHBORHOOD COMMERCIAL (C-N) ZONE. Illlryhll�llllln�l�ll�lll MEETING GATE: , II II ��uil cityor san suis oBIspo LJ COUNCIL AGENDA REPORT ITEM NUMBER: - /1 FROM: Arnold Jonas, Community Development Director; Prepared By: Pam Ricci, Associate Planner PR SUBJECT: TA 02-94 - Request to amend the text of the zoning regulations to allow additional uses in the Neighborhood Commercial (C-N) zone. CAO RECOMMENDATION Grant final passage to Ordinance No. 1257 and Ordinance No. 1258, approving changes to Table 9, Uses Allowed by Zones, of San Luis Obispo Municipal Code Section No. 1722.010, based on findings. DISCUSSION Situation On March 15, 1994, the City Council introduced Ordinance No. 1257 to print, approving a text amendment which adds small-scale (up to 2,000 square feet) dry cleaning plants as an allowed use in the C-N zone and eliminates the need for an administrative use permit for post offices and public and private postal services in the C-N zone. Later at the same meeting, the Council reconsidered a component of the original text amendment, the request to allow video stores up to 3,000 square feet in floor area in the C-N zone. The Council implemented this change by introducing Ordinance No. 1258 to print. Significant Impacts The City Council has adopted the initial study of environmental impact (ER 02-94) which concludes that a Mitigated Negative Declaration will be filed for the project. No significant fiscal or environmental impacts are anticipated. Attached: Ordinance No. 1257 Ordinance No. 1258 �;�V ORDINANCE NO. 1257 (1994 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO TO AMEND TABLE 9, USES ALLOWED BY ZONE OF MUNICIPAL CODE SECTION 17.22.010 TO ALLOW VARIOUS USES IN THE C-N ZONE BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Zoning Regulations Amendment. That the San Luis Obispo Municipal Code Section (SLOMC) 17.22.010 of the Zoning Regulations be amended as shown in Exhibit A and included herein by reference. SECTION 2. Environmental Determination. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed text amendment to the zoning regulations, and reflects the independent judgement of the City Council. The Council hereby adopts said Negative Declaration and incorporates the following mitigation measures into the project: 1. The Planning Commission and City Council must determine that the proposed amendments are consistent with General Plan Land Use Element policy by finding that the uses provide primarily for the convenience of the surrounding neighborhoods and are not a community-wide draw. 2. The following performance standards shall be added as a footnote to Table 9 for dry cleaning plants in the C-N zone: ■ less than 2,000 square feet in area; ■ use Air Pollution Control District-approved low-emission equipment; and ■ cleaning done on-site shall be for customers coming to this location only (not serve as a regional plant) SECTION 3. Adoption. The text amendment to Municipal Code Section 17.22.010 of the Zoning Regulations is approved, subject to the following findings: 1. The proposed text amendment is consistent with the purpose of the zoning regulations stated in San Luis Obispo Municipal Code (SLOMC) Section 17.02.020, and more specifically, consistent with the intent section of SLOMC Ordinance No. 1257 (1994 Series) Page 2 Section 17.38.010 governing the Neighborhood Commercial (C-N) Zone. 2. The proposed text amendment to Table 9, Uses Allowed by Zones, of SLOMC Section 17.22.010. will not adversely affect the health, safety and welfare of persons living or working in the vicinity of potentially affected sites, if the area limitations and performance standards included are adhered to. 3. The proposed uses that are included in the text amendment are convenience- oriented uses that are consistent with the General Plan Land Use Element policies for neighborhood retail developments to provide goods and services for the needs of the surrounding neighborhood, and are not a community-wide draw. SECTION 4. Implementation. A summary of this ordinance, together with the ayes and noes, shall be published, at least five (5) days prior to its final passage, in the Telegram Tribune, a newspaper published and circulated in said city, and the same shall go into effect at the expiration of thirty (30) days after its passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo, at its meeting held on the 15th day of March , 1994, on motion of Council Member Roalman seconded by Council Member Settle and On the following roll call vote: AYES: Council Members Roalman, Settle, and Mayor Pinard NOES: Council Members Rappa and Romero ABSENT: None /S/Pec Pinal Mayor Peg Pinard ATTEST: City Clerk Diane R. Gladwell d-34 Ordinance No. 1257 (1994 Series) Page 3 APPROVED: 9 141�61C� adM i 9 for ey / �f Cu EXHIBIT A Table"bas Aftned by Zoo R-1 R-2 P,3 R4 C/OS 0" PF CwN GC CR C-T C-S M Equipment rental ............. ............ ...... A A.. I ........ X. Exterminators and fumigators A A Feed stores and farm supply sales PC A A .......... florists A A A Fraternities and sororities PC PC ................ ........... Gas distributors-containerized ............... D A. (butane,propane,oxygen, ................ . ......... ........ ............ .... ... acetylene,etc.) ............. .......... .......... ........... . .. ..... . ........ ............ ...... Goarnment agency corporation ......... ....... A ........ .... raft ... .......... ... ........ ............. .. .... ... ............ Government agency offices and ........... PC D D D meeting rooms ... ........ High occupancy residential use I). % D ....... Home business (see Section .... .......... .......... 17.08.040) ... ... ....... Homeless shelters(See Section .............. ............. ............. PC.:: PC PC PC.V.. PCPC: PC PC... PC PC. ............. 17.0&110) .. . . . ...... ........ ......... . . . . .. Hostels PC PC V A A:. ......... ... ..... ......... ............ Hospitals ........... ........ ... PC PC::. Hot tubs-commercial use PC PC:: PC D::::.i PC PG. ............ :: : Insurance service-local ....... .... ..... x A A/D A ........... ............ ........ ............. ...... .... ........ Insurance services-regional office A/D A Laboratories(medical,analytical ....... PC A A A .......... .... ..... .......... ....... research) ....... . ........... Laundry/dry cleaner .... ... .. .. ... .. ... .... -cleaning plant A A ....... ....... ... -pickup point A :.A:.. A A .. ........... ...... :A: A -self-service ........... D . ...... ..... Libraries .. A D A ........ .... Manufacturing-food,beverages; .............. 0 ice;apparel;electronic,optical, . .. ......... .... .. .... ............ . .......... Instrumentation products;jewelry; musical Instruments;sporting .......... ............ r X... goods;art materials ....... ... .. ...... . . ......... .......... Manufacturing-basic metals, PC: .......... chemicals,building materials, fabricated metals,textiles,paper ....... ........... and cardboard; machinery, transportation equipment ... ............... PC :PC ... PC PC PC PC.. PC Mineral extraction (see Section PC PC :PC` PC 17.08.020) A=Allowed D=Directors approval required PC=Planning Commission approval required AID= Director's approval on ground floor,allowed above. The Director shall determine If a proposed,unlisted use is similar to a listed use. Numbered notes are at end of chart. Table"bes Mowed by Zone R-1 X2 R-3 R-4 C/O$ PF C-N C-C C-R C-T C-ST M-� . ..... ..... ........ Pod offices and public and private ........ ... ... .......... ............ ...... postal services . ............ -under 2000 square feet grow PC: J* A A A floor area per establishment ................ -2000, square feet or more gross PC A A A ........... . floor area per establishment Printing and publishing 'D D A A ........... Produce stand . :.D:. A .A. A A Public assembly facilities ......... PC D PC (community meeting rooms, ... .... . .......... auditoriums,convention/exhibition .... ... ............. halls) ...... ...... Railroad yards,stations,crewD :A facilities Refuse hauling,septic tank and ....... ... .......... A .......... .. ......... portable toilet services ............ Repair services ... ....... .... ..... ... .......... small household appliances, .......... A :A A A A .......... ......... ...... locksmiths,seamstress,shoe repair ........... ............. .......... ........... .. .. .... large appliances,electrical D A A .......... ........ ...... ... .. ..... ...... Dquipment,power tDols,saw ...... .... . ....... ... ...... . ..... .............. .......... .. ........ .......... ............. ...... sharpening . .......... ....... ........... Residential care facilities-6 or A A A A A/D A/D A/D 0 fewer residents .......... ........... Residential care facilities-more PC PC: DPC PC D .. ........ ......... .... than 6 residents ............ . : A V 0 Restaurants,sandwich shops,take- A W out food,eta ........... ...... .... . ......... Retail sales-outdoor sales of build- D' A . ..... ............ A A ............ ...... Ing and landscape materials .......... (lumberyards,nurseries,etc.) ....... ......... ......... ..... ....... .... .......... ... Retail sales-indoor sales of A! A.... A A k building materials and gardening supplies(floor and wall coverings, .......... .............. .... ........ .. ......... ...... ... ... ..... ........... ........... paiM glass stores,air- ...... ss .......... Retail sales-appliances,furniture .... ..... A A. ::: A A :: . and furnishings,musical instruments;data processing .......... equipment,business,office and ........... . ......... ..... medical equipment stores;catalog ... .......... .......... stores;sporting goods,outdoor supply A A: U Retail sales and repair of bicycles A............. A A z Allowed D a Director's approval required PC= Planning Commission approval required AID= Director's approval on ground floor,allowed above. i he Director alhall determine if a proposed,unlisted use Is similar to a listed use. Numbered notes are at end of chart. Ci-3 6 B.That the project's location or access arrangements will not significantly direct traffic to use local streets in nearby residential areas C.That the project includes landscaping and yards that adequately separate parking and pedestrian circulation areas from sites in nearby residential areas. 12. In the C-C and C-R zones, use permit review of automobile sound system installations should include consideration of the following items: parking space displacement, noise from the operation, and appearance. Use permits may be approved only when the use is accessory to a retail sales operation. 13. Where parking as a principal use is allowed, deviations to existing setbacks and building heights are permitted upon approval of a use permit as required by Section 17.22.010. All multi-level parking facilities shall require the approval of a use permit by the Planning Commission. 14. Theaters In the C-N zone shall be limited to 4,000 square feet in size, a single screen, and restricted to shopping center sites in the zone (See Section 17.04.371). 15. Use permit review shall consider that the CS zone is primarily intended to accommodate uses not generally suited to other commercial zones because of noise,truck traffic,visual impacts and similar factors. A use permit may be approved only when the church will not likely cause unreasonable compatibility problems with existing or likely future service commercial uses in the vicinity. Use permit conditions may Include measures to mitigate incompatibility. 16. In the PF zone, only non-profit theaters are permitted. (Ord. 1161 - 1 Ex. B, 1990; Ord. 1128 - 1 (part), 1988; Ord. 1124 - 1 Ex. A (part), 1988; Ord. 1122 - 1 Ex A (part), 1988; Ord. 1110 - 1 Ex A, 1988; Ord. 1103 - 1 Ex A(2), 1987; Ord. 1102 - 1 Ex A(14), (15), 1987; Ord. 1088 - 1 Ex A(3), 1987; Ord. 1087 - 1 Ex A(1), 1987; Ord. 1085 - 1 Ex. A (part), 1987: Ord 1058 - 1,1986: Ord. 1008 2.3.1984: Ord. 1006- 1(Part), 1984: Ord. 946-4,1983; Ord.941 - 1 (part), 1982: prior code - 9202.8) 17. Allowed by right where accessory to a church or school, or where an employer provides on-site child care to 12 or fewer children for the exclusive benefit of employees, providing the primary use meets City parking standards. ' .} "Y:.:: :......vm�n...:Y}iY}YRtl,'.{"+•:• r:w.. ,.;:grciY:^,.•i>r<;...,,..: ':.::.....:... :v.:,i;.Y:;.Y•..iY:.Y:..:.:�.,.;;...}.::.,.:<:: py[� [y'•'.Iy.,"y"_>' }. =frt y^pS�y!�((�y-zwlne:: 1 +':bg:::a�rawed;sub ecl`=:to<tE ,::.)i>eTfotmance�stan ik. Q ,Y}NL W�.W+F�w�.16Y:riWN6+Yii.. }YY YY}N}Yii�vMWiNN"xt.Nhlb}iY.,Yiiw^iii}iV):iiui)i:wCi1.i)iiNW..iYi �i)iii}iiYi)i::.i:�i:.iii:v:JY:y.iii Y:!.i Y:�}i:.}:.)i}i iYi:J.9 nbt:'serve:':$s:.$ ,.... . doh:s�ltrs1lEe`iahe�'' #qt<'Cusfo'rt18ts'C'onfn"""�1�`�113.J :.,admYN,•`k }N:,;::. .a;",.,):.>•a:w,cnx,aaaw..m:ex::noYx;.:;,,;o.eu:x;«v,::a:..:mii:.c:..;::e�.Y:..a::.:o}.�5:..«..«;,Y.a<:o...oii::S:aii::i: ES:«J},,..::::...ki:;.::.i ii i:::i::.::::.i ilii i:oi:., �3-� ORDINANCE NO. 1258 (1994 Series) - AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO TO AMEND TABLE 9, USES ALLOWED BY ZONE OF MUNICIPAL CODE SECTION 17.22.010 TO ALLOW VIDEO STORES UP TO 3,000 SQUARE FEET IN THE C-N ZONE BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Zoning Regulations Amendment. That the San Luis Obispo Municipal Code Section (SLOMC) 17.22.010 of the Zoning Regulations be amended as shown in Exhibit A and included herein by reference. SECTION 2. Environmental Determination. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed text amendment to the zoning regulations, and reflects the independent judgement of the City Council. The Council hereby adopts said Negative Declaration and incorporates the following mitigation measures into the project: 1. The Planning Commission and City Council must determine that the proposed amendments are consistent with General Plan Land Use Element policy by finding that the uses provide primarily for the convenience of the surrounding neighborhoods and are not a community-wide draw. 2. The following performance standards shall be added as a footnote to Table 9 for dry cleaning plants in the C-N zone: ■ less than 2,000 square feet in area; ■ use Air Pollution Control District-approved low-emission equipment; and ■ cleaning done on-site shall be for customers coming to this location only (not serve as a regional plant) SECTION 3. Adoption. The text amendment to Municipal Code Section 1722.010 of the Zoning Regulations is approved, subject to the following findings: 1. The proposed text amendment is consistent with the purpose of the zoning regulations stated ir< San Luis Obispo Municipal Code (SLOMC) Section Ordinance No. 1258 (1994 Series) Page 2 17.02.020, and more specifically, consistent with the intent section of SLOMC Section 17.38.010 governing the Neighborhood Commercial (C-N) Zone. 2. The proposed text amendment to Table 9, Uses Allowed by Zones, of SLOW Section 17.22.010. will not adversely affect the health, safety and welfare of persons living or working in the vicinity of potentially affected sites, if the area limitations and performance standards included are adhered to. 3. The proposed use included in the text amendment is a convenience-oriented use that is consistent with the General Plan Land Use Element policies for neighborhood retail developments to provide goods and services for the needs of the surrounding neighborhood, and are not a community-wide draw. SECTION 4. Implementation. A summary of this ordinance, together with the ayes and noes, shall be published, at least five (5) days prior to its final passage, in the Telegram Tribune, a newspaper published and circulated in said city, and the same shall go into effect at the expiration of thirty (30) days after its passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo, at its meeting held on the 15th day of March , 1994, on motion of Mayor Pinard seconded by Council Member Romero and on the following roll call vote: AYES: Mayor Pinard, Council Members Romero and Rappa NOES: Council Members Roalman and Settle ABSENT: None r /s/Peg Pinard Mayor Peg Pinard ATTEST: s/Diane R. Gladwell CityClerk Diane R. Gladwell Ordinance No. 1258 (1994 Series) Page 3 APPROVED: ity v ttor ey / e;�lD EXHIBIT A Notes: 1. In the C-N zone, only branches of banks are allowed - no headquarters. 2. Except for condominiums, the development of more than one dwelling on a land parcel in the R-1 zone requires approval of an administrative use permit. R-1 density standards apply. 3. In the 0 zone, dwellings on a site occupied by residential uses only are allowed. Dwellings on a site with nonresidential uses require approval of an administrative use permit. 4. In the C-N zone, hot tubs/spas for commercial use must be enclosed. S. In the M zone, schools are limited to those offering instruction in fields supportive of allowed uses. 6. In the 0, C-C and C-R zones, animals at veterinarian's facilities must be kept within a building. 7. In the C-N zone, branch libraries only are allowed. 8. In the C-N zone, the following types of uses are allowed provided that (1) the gross floor area of each establishment shall not exceed two thousand square feet and (2) the combined floor area of all such establishments within a shopping center shall not exceed twenty-five percent of the total floor area in a shopping center with a gross floor area of 15,000 square feet or greater; or shall not exceed fifty percent of the total floor area in a shopping center with a gross floor area of less than 15,000 square feet: Retail sales - outdoor sales of building and landscape materials. Retail sales - indoor sales of building materials and gardening supplies. Retail sales-appliances,furniture and furnishings, musical instruments;data processing equipment business, office and medical equipment stores; catalog stores; sporting goods, outdoor supply. Retail sales and rental-specialties except that:the floor:area of videostores Shall not exceed three ttioti.`saitif:;squarefeet Ticket/travel agencies. For parcels not located within shopping centers, an administrative use permit shall be required for the uses listed above,to insure consistency with policies of the General Plan Land Use element and compatibility with surrounding uses. The use permit may provide for exceptions to the floor area limitations listed under (1) and (2) above. 9. In the C-T zone, car washes are allowed only in conjunction with and incidental to service stations, and provided that no other car wash is located within 1000 feet of the site. 10. Large professional office buildings which can include multiple tenants but with no single tenant space less than 2,500 square feet may be established in the C-S and M zones subject to the approval of a Planned Development (PD) zoning application and compliance with findings specified in Section 17.62.040 C. However, this provision notwithstanding, the following types of office-related uses are prohibited in PDs approved for C-S and M zones: Banks, real estate offices, financial institutions, medical clinics, doctor's offices, and lawyer's offices. 11. An administrative use permit is required for the construction of nonresidential structures or the conversion of residential structures to non-residential uses in the 0 zone. In order to approve a use permit the director must make each of the following findings: A. That the location, orientation, height, and mass of new structures will not significantly affect privacy in nearby residential areas. �3�r