HomeMy WebLinkAbout08/20/1996, 7 - REQUEST TO AMEND THE TEXT OF THE ZONING REGULATIONS TO PERMIT NIGHTCLUBS IN THE SERVICE COMMERCIAL (C-S) ZONE (TA 87-96, ER 87-96) A] council
aaGEnaa Repoin
CITY OF SAN LUIS OBISPO
FROM: Arnold B.Jonasommunity Development Director
Prepared By: Pam Ricci, Associate Planner Ff?,
SUBJECT:
Request to amend the text of the Zoning Regulations to permit nightclubs in the Service Commercial
(C-S)zone(TA 87-96, ER 87-96).
CAO RECOMMENDATION
Introduce an ordinance to print, approving a negative declaration with mitigation measures, and
amending the text ofthe zoning regulations(Section 17.22.010, Table 9, Uses Allowed by Zone)to
allow nightclubs in the C-S zone,with the requirement for a Planning Commission use permit and the
addition of a footnote, based on findings.
DISCUSSION
Backgmund
The applicants want to open a country western dance club in San Luis Obispo. In order to establish
their club,they have applied to the City to amend the zoning regulations to permit nightclubs in the
C-S zone. Under the current regulations, a bar or a specialized school that teaches dance could be
established with an administrative use permit in the C-S zone, but a nightclub is not allowed. The
zoning regulations define a nightclub as follows:
Nightclub means "a baa, restaurant, coffee house or similar establishment where a
dance floor or entertainment is provided "
Staff has determined that the proposed use, which would be open at night, serve alcohol and have a
large dance floor, is classified as a nightclub under City regulations.
The main issue with the request is its consistency with the general plan, particularly Land Use
Element Policy 4.3 which states that entertainment facilities, such as nightclubs, should be in the
downtown. The staff report and initial study conclude that it is possible to find the amendment
request consistent with the general plan if a determination is made that the use is of a type that is too
big or out of character with the downtown. That is the reason that staff and the Planning Comisssion
recommended that a footnote be added to the chart of the zoning regulations which states:
Council Agenda Report- TA 87-96
Page 2
In the C-S zone, nightclubs must contain a minimum of 4,500 square feet of floor
area. The required use permit process shall address parking, neighborhood
compatibility and security issues.
A business with a floor area of 4,500 square feet or more was viewed to be of the type of scale that
may be more appropriate in an outlying area.
Planning Commission's Action
On a 5-0-2 vote, the Planning Commission at a meeting held on July 24, 1996, recommended that
the City Council approve the proposed amendment to allow nightclubs in the C-S zones, with a
requirement for a Planning Commission use permit, a footnote added to Table 9, Uses Allowed by
Zone, of the zoning regulations requiring a minimum floor area of 4,500 square feet, and support for
approval of the negative declaration with mitigations measures,with an amendment to the initial study
regarding solid waste impacts.
Many interested members of the public attended the public hearing. All those who spoke, provided
testimony in favor of the request. The Commission's discussion focussed on the intent of the LUE
policy to keep nightclubs downtown and how to best control the potential impacts of individual
requests.
ALTERNATIVES
1. Adopt the Resolution, included as Attachment 2, denying the requested amendment based
on inconsistency with the City's General Plan.
2. Continue with direction to the staff and applicant if the Council desires further information
or analysis to render a decision.
Attachments
Attachment 1: Ordinance approving the text amendment
Attachment 2: Resolution denying the text amendment
Attachment 3: Draft 7-24-96 Planning Commission Minutes
Attachment 4: Letters from project supporters
Attachment 5: 7-24-96 Planning Commission Staff Report
7-Z
ATTACHMENT 1
ORDINANCE NO. (1996 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE TEXT OF THE ZONING REGULATIONS (SECTION 17.22.010,
TABLE 9, USES ALLOWED BY ZONE) TO ALLOW NIGHTCLUBS IN THE C-S
ZONE WITH THE APPROVAL OF A PLANNING COMMISSION USE PERMIT AND
THE ADDITION OF A FOOTNOTE
(TA 87-96)
WHEREAS,the Planning Commission conducted a public hearing on July 24, 1996, and
recommended approval of the proposed amendment to the City's Zoning Regulations; and
WHEREAS, the City Council conducted a public hearing on August 20, 1996, and has
considered testimony of other interested parties, the records of the Planning Commission hearing
and action, and the evaluation and recommendation of staff, and
WHEREAS, the City Council finds that the proposed amendment is consistent with the
General Plan, the purposes of the Zoning Regulations, and other applicable City ordinances; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact with mitigation measures, as prepared by staff, and reviewed and amended
by the Planning Commission.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council finds and determines that
the project's Negative Declaration with mitigation meeasures 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. Approval of a change to the zoning regulations to allow nightclubs in the C-S zone
shall be contingent upon a Planning Commission use permit being required prior
to establishment of the use. A footnote shall be added to Table 9, Uses Allowed
by Zone, that states:
City Council Ordinance No. (1996 Series)
Page 2
77n the C-S zone, nightclubs must contain a minimum of 4,500 square feet
of floor area. The required use permit process shall address parking,
neighborhood compatibility and security issues. '
2. With consideration of the required use permit, plans for establishment of nightclubs
at specific sites shall be reviewed to determine if there are sensitive noise receptors
nearby, and whether building soundproofing will be required, or additional
screening is needed between the project site and adjoining lots.
SECTION 2. Findings.
1. The proposed amendment will not be detrimental to the health, safety or welfare of
persons residing or working in the vicinity because individual requests for nightclubs
would require a Planning Commission use permit and issues with traffic, noise and
neighborhood compatibility would be properly evaluated.
2. The proposed amendment is consistent with the goals and policies of the General
Plan,given that only those larger nightclubs with a minimum of 4,500 square feet of
floor area would be considered.
SECTION 3. Approval. Section 17.22.010, Table 9, Uses Allowed by Zone is hereby
amended to contain the requirement for a Planning Commission Use Permit in the C-S zone and
the addition of the following footnote:
In the C-S zone, nightclubs must contain a minimum of 4,500 square feet of floor
area. The required use permit process shall address parking, neighborhood
compatibility and security issues.
SECTION 4. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in the
Telegram-Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30) days after its final passage.
7��
City Council Ordinance No. (1996 Series)
Page 3
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo
at its meeting held on the 20th day of August, 1996, on a motion of ,
seconded by , and on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor Allen Settle
ATTEST:
City Clerk Bonnie Gawf
APPROVED:
*ity4eyfTJger sen
7-5
ATTACHMENT 2
RESOLUTION NO. (1996 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING A REQUEST TO AMEND THE TEXT OF THE ZONING REGULATIONS
(SECTION 17.22.010, TABLE 9, USES ALLOWED BY ZONE) TO ALLOW
NIGHTCLUBS IN THE C-S ZONE WITH THE APPROVAL OF A PLANNING
COMMISSION USE PERMIT AND THE ADDITION OF A FOOTNOTE
(TA 87-96)
WIEIEREAS,the Planning Commission conducted a public hearing on July 24, 1996, and
recommended approval of an amendment to the City's Zoning Regulations; and
WHEREAS, the City Council conducted a public hearing on August 20, 1996, and has
considered testimony of other interested parties, the records of the Planning Commission hearing
and action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact with mitigation measures, as prepared by staff, and reviewed and amended
by the Planning Commission.
BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Finding.
1. The proposed amendment to the zoning regulations is inconsistent with the goals
and policies of the General Plan, specifically Land Use Element Policy(LUE) 4.31
Entertainment and Cultural Facilities, of the Downtown section of the LUE that calls
for entertainment facilities, such as nightclubs to be located in the downtown.
SECTION 2. Denial. The request for approval of the amendment to the text of the
zoning regulations to allow nightclubs in the C-S zone is hereby denied.
74
City Council Resolution No. (1996 Series)
Page 2
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this_ day of , 1996.
Mayor Allen Settle
ATTEST:
City Clerk Bonnie Gawf
APPROVED:
ity tto ey ff J rgenson
LV=u.s7-%.mY
Draft
Planning Commission Meeting
July 24, 1996
Page 2
1. Citywide: TA 87-96 and ER 87-96: Review of a request to amend the text of the Zoning
Regulations to permit nightclubs in the C-S zone, including the review of the environmental
Impact Determination; William Bogdan and Kenn Shaw, applicants.
Associate Planner Ricci presented the staff report, recommending approval of the request to amend
the text of the zoning regulations to allow nightclubs in the C-S Zone with the requirement for an
administrative use permit and the addition of the footnote to Section 17.22.010, Table 9, Uses
Allowed by Zone, based on the findings.
Commissioner Whittlesey asked staff which C-S Zones back up to residential areas.
Associate Planner Ricci stated there is C-S property on the corner of S. Higuera and Margarita near
residential neighborhoods. There are other C-S properties along Zacca Lane adjacent to a mobile
home park. Most of these have the S Overlay. There is also the area north of the mobile home park
and properties on the east side of Broad St.
Planner Whisenand reminded the Commission of the recent indoor shooting range application in a
C-S district adjacent to residential at Pacific and Carmel.
Commissioner Veesart asked if a bar would be allowed in the C-S Zone.
Associate Planner Ricci answered yes.
Commissioner Veesart asked if a bar had a dance floor would it be considered a nightclub, regardless
of the size.
Associate Planner Ricci replied yes.
Commissioner Jeffrey asked how many parking spaces would be required.
Associate Planner Ricci stated it would be similar to the calculations required for restaurants. The
request tonight is to amend the zoning regulations; it is not for this particular site.
Commissioner Jeffrey expressed concerns relative to the adequacy of parking spaces.
PUBLIC COMMENTS:
Draft
Planning Commission Meeting
July 24, 1996
Page 3
William Bogdan, 2994 S. I-iguera, stated they are requesting that they be allowed a nightclub in a C-S
Zone. The particular nightclub they wish to open would probably be open four or five nights a week.
All activities would take place in the evenings, starting around 6:30 with some dance lessons until
approximately 9:00. From 9:00 to close there would be a country western dance.
Mr. Bogdan feels the City is in need of something like this. This is a heavily based agriculture and
ranch area It is odd because from San Jose to Ventura there are no places that have country western
dancing, and yet there are about two dozen places in the Central Coast which teach country western
dancing.
Mr. Bogdan stated this particular site is excellent in the fact that it is somewhat remote. There are
no neighbors in the area. There are business located next to this site and they all close by 7:00 p.m.
Mr. Bogdan feels this would be a benefit to the community. He feels this wouldn't work in all C-S
Zones because there wouldn't be appropriate parking. This particular site works out very well.
Mr. Bogdan offered to answer any questions.
Commissioner Jeffrey asked if this site has approximate 50 parking spaces.
Mr. Bogdan stated that is correct.
Commissioner Jeffrey asked Mr. Bogdan for the anticipated volume of patrons at this location.
Mr. Bogdan stated calculations would require approximately 75 parking spaces. The uniqueness of
this site is that directly across the street is Cypress Plaza and the owner has indicated he would be
very willing to sign an agreement to allow parking in the Cypress Plaza parking lot. Also next door
to this site is the DMV. Mr. Bogdan has contacted the State but cannot get a letter from them
granting or denying use of the parking lot. Parking is allowed in the DMV parking lot after 5:00.
The parking situation is in the City's favor. There is an abundance of parking.
Commissioner Jeffrey had concerns of pedestrians crossing in the middle of the street rather than
walking to the corner to the crosswalk.
Mr. Bogdan stated most likely people would be parking at the DMV and therefore would not be
walking across the street.
Commissioner Jeffrey asked how many patrons would be allowed in this building.
Draft
Planning Commission Meeting
July 24, 1996
Page 4
Mr. Bogdan stated he would like to be allowed up to 400. He will have to confer with the Fire
Marshal.
Commissioner Whittlesey asked Mr. Bogdan to describe how large the dance floor will be.
Mr. Bogdan stated this is the largest building that they could find that was available where there are
no neighbors around. All businesses close at the latest 6:30-7:00. A conflict does not exist.
Mr. Bogdan stated as soon as they find the outcome of this evening's item, they will go to an architect
to find out how large of a dance floor they can build at this site. The building itself is 4,500 s.f. They
would have liked a larger building. Country western dancing requires a large dance floor.
Frank Shehan, 1632 Fredricks St., San Luis Obispo, feels allowing nightclubs in the C-S Zone is the
first step necessary to get this project through. He feels the Commission should give favorable
consideration to this issue. The opportunity to have a facility that is not infringing on residential
neighborhoods which provides adult entertainment is welcome. He has been a country and western
dancer for 3-4 years and has seen not problems where he dances at the Graduate. The Graduate has
been providing country western entertainment on Tuesday and Thursday nights for quite a while.
There should be other facilities for country western dancing in the City. Dancing is a wonderful
sport. He strongly encouraged the Commission to give favorable consideration to this item.
Chuck Snyder, 2038 San Luis Dr., feels that nobody can afford to go into business in the downtown
area or provide the parking for a 4,000 s.f. building. He feels entertainment is going to have to go
outside of the downtown area. Country western dancing is a good activity and attracts a good bunch
of people.
Pat Mathews, P.O. Box 13611, San Luis Obispo, stated he has known Mr. Bogdan for roughly 15
years. Mr. Mathews feels this is an opportune location for this type of facility. There aren't any
neighbors near this location who would be disturbed by noise.
Mara Broadski, 42 El Mirador, San Luis Obispo, stated she is a college student and there aren't many
things to do that's good clean fun. She enjoys country dancing. She feels this location for this facility
is very accessible. This would be a great opportunity for everyone in the county to have fun without
driving downtown and having to find parking.
Mike Denieve, 534 Crestmont Dr., San Luis Obispo, stated it is ironic that bars and dance studios are
allowed in this zone, but not a combination of the two. He feels it is too bad for an applicant who
has to pay$2,800 for the City to combine the two words together. There should be opportunity to
recognize the need for flexibility in City documents and not a narrow interpretation which must be
followed. This type of use will be governed by requirements and permit approvals. He feels the
Draft
Planning Commission Meeting
July 24, 1996
Page 5
narrow interpretation of ordinances has almost becomes subjective. We need to look at things on a
more broad base. The opportunity for the City to provide a variety of these kinds of recreations is
getting more narrow based on issues of concern such as parking, access, and over impacting an area.
Mr. Denieve previously served on the Planning Commission for a term of four years. He would like
to see the Commission give the ordinance the opportunity to allow businesses to apply and not at an
expensive cost to be able to come to the City with a rational proposal.
Dianne Fisher, 1661 Fairview Ave., Grover Beach, stated she enjoys being able to go somewhere
that's comfortable and where the people are friendly. She likes the fact that San Luis is a nonsmoking
community. Allowing establishments in this zone could also increase revenues. Country western
dancing is great exercise. She feels that this would be a real positive for the community. Country
dancers take pride in what they do and there's not an issue with drinking.
Ernie Brink, 1220 Village Ct., Santa Maria, feels it would benefit San Luis City to allow C-S areas
to be open to nightclubs instead of just bars. There is plenty of parking if it is shared with other
businesses that operate during the day. A place like this would draw a large crowd for dancing. This
could bring in revenue for the City.
Seeing no further speakers come forward, the public comment session was closed.
COMMISSIONERS' COMMENTS:
Commissioner Veesart stated he enjoys dancing and likes the idea of this place. He likes the idea of
dance lessons. His primary concern hinges upon the combination of drinking and driving. He asked
staff the history of the LUE Policy 4.3 which encourages locating these kinds of facilities in the
downtown area. He feels there may be some problems with having nightclubs in the C-S Zone.
Associate Planner Ricci stated the downtown should be the focal point and entertainment center of
the community. A concentration of bars and nightclubs and these types of uses attracts and keeps
people in the entertainment center. There has been testimony given at use permit hearings regarding
vandalism, loitering, public urination, and long lines in the downtown area and concerns regarding
the development of a different character in the downtown. A way that staff was able to find this
proposal consistent with this zone is to distinguish this type of operation from some others is by the
floor area requirement, parking, and the proximity of residential areas.
Commissioner Veesart stated the staff recommendation is that this use be allowed with an
administrative use permit. He asked for staffs comment on a Planning Commission approval of the
use permit.
Associate Planner Ricci stated that is an alternative.
�n
Draft
Planning Commission Meeting
July 24, 1996
Page 6
Comtnissioner Whittlesey stated No. 12f states there are no impacts relative to solid waste disposal.
She expressed concern regarding this type of facility generating waste that is recyclable such as
bottles, cans, and cardboard. She suggested the initial study be looked at again to make this a less
than significant impact. This would encourage future proposals to dispose of recyclables properly.
She also has concerns regarding the initial study on No. 1 l b regarding security plans and feels this
answer would not hold true in every instance.
Associate Planner Ricci stated the response to No. 11 b was made with the initial permit request and
was only added to the initial study as information.
Planner Whisenand stated nightclubs would be subject to individual review by the police dept. This
does not apply to all projects.
Commissioner Whittlesey asked how the City addresses off-site parking.
Associate Planner Ricci stated there is specific criteria for off-site parking. It must be within 300 feet
of the use and shall not be separated from the use which could cause hazards for pedestrians and
off-site parking shall be owned, leased, or otherwise controlled by the party controlling the use.
Planner Whisenand stated off-site parking does go through a permit process. It is a judgment call on
a case by case basis.
Commissioner Jeffrey asked Commissioner Veesart his reason for requiring Planning Commission
approval rather than administrative approval.
Commissioner Veesart stated this is a new use and he would feel more comfortable with Planning
Commission review and approval to make sure there aren't impacts to residential neighborhoods and
traffic. Some things are hard to predict.
Comrnissioner Jeffrey noted there is quite a disparity in the allowed uses in Table 9 of the C-S Zones.
The fact that this is tied in with a use permit does make him more comfortable with staffs
recommendation.
Commissioner Jeffrey made a motion to approve the request to amend the text of the zoning
regulations to allow nightclubs in the C-S Zone and as modified by Commissioner Whittlesey relative
to solid waste disposal, with the requirement for a Planning Commission use permit and the addition
of the footnote to Section 17.22.010, Table 9,Uses Allowed by Zone, and a 4,500 s.f. minimum floor
area, based on the findings. The motion was seconded by Commissioner Ready.
y-/z-
Draft
Planning Commission Meeting
July 24, 1996
Page 7
AYES: Commissioners Jeffrey, Ready, Veesart, Whittlesey, and Chairman Karleskint
NOES: None
ABSENT: Commissioners Kourakis and Senn
The motion passed.
2. 1251 Buchon Street: V 80-96: A peal of the Hearing Officer's decision to deny a Variance
for lot coverage'and various setb ck exceptions; R-2 zone; Stephen and Mary Ellen Lamb,
applicants and appellants.
The applicant withdrew this project. o Commission action was required or taken.
COMMENT AND DISCUSSION:
3. Staff:
Agenda Forecast
Planner Whisenand presented the agenda forecast for the Planning Commission Meetings of August
14th, 28th and September 14th.
Assistant City Attorney Clemens noted the right t take issues and evaluation on the Mission Plaza
expansion properties has been resolved.
4. Commission:
Commissioner Whittlesey informed the Commis 'on and staff she may not be able to attend the
meeting of August 14th.
Chairman Karleskint informed the Commission that the Rota will be having Steve Barrish speak on
economic planning for San Luis Obispo on July 31 st.
5. Completion of Planning Commission Retreat Items:
A. Meeting Efficiency
The Commission and staff held a discussion on ways to mo a efficiently accomplish the goals of their
meetings.
ATTACHMENT4
R. Duane Morris
619 Grove St., San Luis Obispo, Ca. 93406
July 22, 1996
RECEIVED
Planning Commission JUL 2 4IN6
City of San Luis Obispo CRY OFps DEVE` ISpo
o
990 Palm St.
San Luis Obispo, Ca. 93401
re: Cowboy Kenny's
Zone Text Amendment change
Dear Chairperson and Commissioners,
This letter is a request that you support the request by Cowboy
Kenny's for the change in the Zone Text Amendment to allow western
dancing at the site you are considering.
I don't often wear my cowboy hat and boots but I do very much like
to two-step, waltz, and line dance and would urge you to support this
proposal. A group of friends and myself do like to go out often to dance
and would be appreciative of having a place that would be operated by
Kenny in San Luis Obispo.
Were it not for a previous meeting commitment for the evening of
the 24th of July I would be in attendance at your hearing to support this
proposal.
Sincerely,
OULILC-45_�2
Duane Morris
:'cm:Stephen_.Nicks h;echanieal O:tailing.Inc.Fax:8055461.b1 e:SOS 546995.0 To:I.Is.Pan Richie a::City of San Luis Obispo Page 2 o12 Wednesday.July 2=.191111:31:32::;
MDI MECHANICAL DETAILING, INC.
Stephen E.Hicks
1026 Chorro Street. Suite 7, San Luis Obispo, CA 93401 (S05)546-9959
Jul- 24. 1996
qF
Planing Commission y ✓(/�C��V FO
Cit'- of San Luis Obispo 2 4
990 Palm Street
San Luis Obispo, CA 93401 0
Re: Rezoning CS zones to include Night Clubs
Dear Commissioners.
This letter is to support the efforts of Mr. Ken Shaw to open a Country-Western Dance
Club in the South Higuera location ne\t to the Department of Motor Vehicles office. I
would support a revision in the zoning for CS zones to alloy Night Clubs if that is
what is required. I do think there needs to be some control over the specific projects
that fall into this variance and some kind of committee needs to approve each
application. In this particular case Ken Shay is an e\ceptionally honest and hard
working individual. The type of club he is planning will not have any negative impact
on the community and I support his efforts.
Sincerely.
Stephen E. Hicks
;1r/-j
CITY OF SAN LUIS OBLSPO
ATTACHMENT 5
PLANNING COMMISSION STAFF REPORT ITEM#1
BY: Pam RiccL Associate Planner MEETING DATE: July 24, 1996
FROM: Ron Whisenand, Development Review Manager
FILE NUMBER: TA 87-96; ER 87-96
PROJECT ADDRESS: Applies to C-S zones citywide
SUBJECT: Request to amend the text of the Zoning Regulations to permit nightclubs in the Service
Commercial (C-S)zone.
SUMMARY RECOMMENDATION
Review the initial study of environmental impact, and recommend approval of the text amendment
to the City Council, based on findings.
BACKGROUND
Situation
The applicants want to open a country western dance club in San Luis Obispo. After unsuccessful
attempts to find a suitable site in the downtown, they applied for an administrative use permit (A 40-
96)to allow their business at 3046 South Hlguera Street, Suite A. The administrative use permit was
received as a request to allow a dance hall. However, after closer review of the request, Planning
staff determined that the proposed use was most like a nightclub (a use not allowed in the C-S zone),
rather than a specialized school for dancing (a conditionally allowed use). The applicants then
formally withdrew their application for the administrative use permit since the use could not be
established at their selected C-S site under the current regulations.
The zoning regulations define a nightclub as follows:
Nightclub means "a bar, restaurant; coffee house or similar establishment where a dance
floor or entertainment is provided"
The proposed use would serve drinks, including alcoholic beverages, be open during evening hours,
and have a large dance floor. Therefore, staff has determined that the proposed use would be
classified as a nightclub. The applicants have requested a text amendment to the zoning regulations
to allow nightclubs in the C-S zone. The Planning Commission reviews zoning text amendments and
makes a recommendation to the City Council, which takes a final action on such requests.
Data Summary
Applicants/Representatives: William Bogdan& Kenn Shaw
%�lo
Teat Amendment TA 87-96
Page 2
Zoning Category Affected: Service-Commercial (C-S)
General Plan Land Use Designation: Services&Manufacturing
Environmental Status: A Negative Declaration with Mitigation Measures was recommended by the
Development Review Manager on July 17, 1996. Final action on the initial study will be taken by the
City Council.
Project Action Deadline: Legislative actions not subject to processing deadlines.
EVALUATION
The key issue with the project is whether it can be found to be consistent with the City's general plan
as adopted. The attached initial study concludes that it is possible to find the request consistent with
the general plan with the restriction that nightclubs in the C-S zone be limited to those with larger
floor area needs(a minimum of 4,000 square feet of floor area). C-S zones are generally located in
the southern part of the City along the Broad Street and South Higuera Street corridors. The
following paragraphs discuss the requested amendment's consistency with City plans and policies:
1. Downtown as the City's Entertainment Center
The following policy is the key one to an analysis of the proposal's consistency with the LUE. The
section of the LUE that discusses Downtown, specifically Policy 4.3 says:
"Cultural facilities, such as museums, galleries, and public theaters should be downtown.
Entertainment facilities, such as m hiclubs acrd private theaters should be in the downtown,
too. Locations outside downtown may be more appropriate for facilities that would be out
of character or too big for downtown to accommodate comfortably, such as the major
performing arts center planned for the Cal Poly campus "
With its action last year on the appeal of an administrative use permit to establish the new drinking
establishment known as The Library in the downtown, the City Council affirmed that the downtown
was intended to be the entertainment center of the City. The proposal to allow nightclubs in
outlying areas runs contrary to the intent of the policy which is to concentrate such facilities in the
downtown. The initial study concludes that if it can be determined that there are different types of
nightclubs that may have characteristics or space needs that are better suited to outlying locations,
rather than downtown,then it may be possible to view the request as being consistent with the policy.
Recommended Mitigation Measure No.l requires that the proposed change to the zoning regulations
to allow nightclubs in the C-S zone be contingent upon an administrative use permit being required
prior to establishment of the use. A footnote is also recommended to be added to Table 9, Uses
Allowed by Zone, that states:
"In the C-S zone, nightclubs must contain a minimum of 4,000 square feet of floor area.
The required use permit process shall address parking, neighborhood compatibility and
security issues. "
Teat Amendment TA 87-96
Page 3
The restriction on size to those nightclubs containing a minimum of 4,000 square feet of floor area
was proposed to provide a criterion to judge whether a proposed nightclub might have space needs
that prevents it from being located in the downtown. This size restriction directly relates to the policy
language that certain facilities may be "too big for downtown to accommodate comfortably'.
Planning staff came up with the 4,000 square-foot minimum after reviewing the size of other existing
nightclubs and bars in the City through the Land Use Inventory (see attached Table 1). Three
establishments in the downtown, Mother's Tavern, SLO Brewing Company, and Tortilla Flats,
contain around 4,000 square feet. The Graduate, by far the largest nightclub in town, has a floor area
of 12,000 square feet, and is located outside the downtown in the Manufacturing M zone. The
space on South Hiiguera Street that the applicants want to occupy contains 4,500 square feet of floor
area
The applicants' proposed dance hall would be similar in scale to the three downtown nightclubs
mentioned in the previous paragraph. Staff could have suggested that 4,500, rather than 4,000 square
feet be the minimum allowed floor area for outlying nightclubs to differentiate the proposed nightclub
from the others downtown. However, staff saw the 4,000 square feet as an reasonable floor area
since these three nightclubs are significantly larger in size than the others included in the table and
could be viewed as businesses of the type of scale that might be appropriate in outlying areas. The
main difference between the proposed dance hall and the other establishments is that it is not also a
restaurant and it is not proposed to be open during the daytime.
Based on the levels of concern with the over concentration of drinking establishments in the
downtown voiced at recent hearings, the idea of allowing some nightclubs in outlying areas may be
acceptable. The use permit process would allow for the careful evaluation of individual requests to
determine their appropriateness outside of downtown and the consistency of proposals with the intent
of the general plan.
2, LUE Service Commercial Policies
Policy 3.5.2 D. of the City's LUE identifies types of uses that are appropriate in areas designated
Services and Manufacturing. One of the uses listed in Subsection D. is"some recreation facilities".
Nightclubs as a conditionally allowed use appear to most closely fit in this category.
The language"some recreation facilities" seems to be purposely ambiguous to allow some room for
interpretation and to cover the wide range of uses that are not necessarily specifically listed in the
LUE, but could be construed to fit under the umbrella of this use category. Amusement arcades,
athletic and health clubs, fitness centers and game courts are allowed uses that would also fit under
this category. Bars, taverns, bowling alleys and skating rinks are conditionally allowed uses that
would best fit in this category as well.
The proposed use with its larger floor area and focus on dancing, including classes, can be construed
to be similar to these other recreation facilities in terns of locational needs and space requirements.
Y4
Teat Amendment TA 87-96
Page 4
Because of the potential for noise, traffic and parking issues with all of these recreational uses, the
preference would be to separate them from residential neighborhoods and other noise sensitive uses.
Outlying service commercial zones would be appropriate areas for the proposed use in this regard.
3. Consistency with the Zoning Regulations
The proposed use would currently be allowed in the C-S zone with an administrative use permit if
it were classified as a bar or a specialized school that teaches dancing. The attached statement from
the applicants indicates that the proposed operation is more of a dance club than a bar, with dancing,
rather than alcohol, as the focus. Serving alcohol and teaching dancing are both components of the
use, but it is the dance floor that clearly makes the use a nightclub in accordance with the City's
zoning regulations. Like the other two uses mentioned, bars and specialty schools, Mitigation
Measure No. 1 recommends that nightclubs be allowed with an administrative use permit. The
proposed footnote includes the following language: "The required use permit process shall address
parking, neighborhood compatibility and security issues." Through the use permit process, the City
can either deny inappropriate requests to establish nightclubs on C-S sites or recommend conditions
to mitigate concerns.
ALTERNATIVES
1. Recommend that the City Council deny the proposed amendment, based on inconsistency with
the general plan. Planning Commission action is final unless appealed to the City Council.
2. Continue review with direction to the applicant and staff.
OTHER DEPARTMENT CONDIENTS
No other departments objected to the proposed change of use at the site. Specific requirements from
other departments would be incorporated as conditions of use permit approval for individual requests
for nightclubs.
RECOMN[ENDATION
Recommend the approval of the request to amend the text of the zoning regulations to allow
nightclubs in the C-S zone with the requirement for an administrative use permit and the addition of
the following footnote to Section 17.22.010, Table 9, Uses Allowed by Zone, based on the following
findings:
Footnote
In the C-S zone, nightclubs must contain a minimum of 4,000 square feet of floor area. The
required use permit process shall address parking, neighborhood compatibility and security issues.
��y
Teat Amendment TA 87-96
Page 5
Findings
1. The proposed amendment will not be detrimental to the health, safety or welfare of persons
residing or working in the vicinity because individual requests for nightclubs would require
an administrative use permit and issues with traffic, noise and neighborhood compatibility
would be properly evaluated.
2. The proposed amendment is consistent with the goals and policies of the General Plan, given
that only those larger nightclubs with a minimum of 4,000 square feet of floor area would be
considered.
3. A Mitigative Negative Declaration was prepared by the Community Development Department
on July 17, 1996, which describes significant environmental impacts associated with project
development. The Negative Declaration concludes that the project will not have a significant
adverse impact on the environment subject to the mitigation measures shown in the attached
initial study ER 87-96 being incorporated into the project.
Attached:
Applicants' Project Statement
Table 1, List of Bars&Nightclubs
Memo from C.R. Chelquist of the City Police Department
Mitigation MeasurevInitial Study ER 87-96
List of allowed and conditionally allowed uses in the C-S zone
Los7as.�
2 ) STATEMENT
We "Cowboy Kenny' s" western dance facility are respectfully requesting
your support for a "text amendment " to the zoning ordinance regarding our
type of use in the C-S zone at 3046 S. Higuera Street , Suite A, San Luis
Obispo.
As background for this request , we would like to state for the record
that we have followed current General Plan guidelines to attempt to
locate our business in the downtown business core , however , to no avail .
A western dance facility is unique in the sense that the dancing style
. uses an inordinate almost open floor area compared to a typical bar with
a small intimate dance floor . Multiple types of dancing can be occurring
to the same music at the same time , such as couple dancing and "group"
line dancing for example.
The popularity of western style dancing has grown exponentially in the
last four years , especially in rural counties/states such as our area.
This is especially true with two colleges in the local community, with a
large agricultural basis/emphasis .
To say the least , our efforts to establish a business that can meet the
demand for this type of venue has been very frustrating , both in the
sense of available facilities as well as the regulatory requirements both
in the county or city. From our survey and research , we have concluded
that a San Luis Obispo city location would serve the greatest number of
people and therefore the best potential for business success for
ourselves.
In pursuing this goal , we have found no facilities in the San Luis Obispo
downtown core that could meet our needs . In reviewing the general plan
guidelines and the zoning regulations, we took note of section 4. 3 of
general plan language stating ,
"Cultural facilities , such as museums, galleries , and public theaters
should be downtown. Entertainment facilities , such as nightclubs and
private theaters should be in the downtown , too. Locations outside
downtown may be more appropriate for facilities that would be out of
character or too big for downtown to accommodate comfortably , such as the
major performing arts center planned for the Cal Poly Campus. "
Given this language, we state to you that in fact our facilities needs
are "out of character" and "too big for downtown to accommodate
comfortably" . Thus we respectfully submit this application for your
review and consideration of our needs . We do not expect to receive a
grant of special privileges and in fact feel that our proposal fits
specifically into the general plan guideline intent as well as the spirit
of the general plan to accommodate all -forms and venues of "entertainment
and cultural facilities" .
It is our goal to follow the applicable regulations and guidelines to
establish what we believe will be a successful endeavor for both the
community and ourselves . Your consideration of our proposal , we hope
will validate in fact that the requested changes do "carry out the
existing policies of the general plan" and the "zone change test
amendment " requested proves to be the appropriate method for both
yourselves and us to establish workable guidelines to recognize the
flexibility and needs of a dynamic changing community .
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7
TABLE 1
CITY OF SAN LUIS OBISPO
BARS AND NIGHTCLUBS
Name Address Floor Area Zonis
Breezes Pub& Grill 11560 Los Osos 2,900 square feet C-N; legal
Valley Rd. # 160 nonconforming use
The Graduate 990 Industrial Way 12,000 square feet M; legal
nonconforming use
McLintock's 686 Higuera Street 1,700 square feet C-C-H
The Library 723 Higuera Street 1,600 square feet C-C-H
Mother's Tavern 725 Higuera Street 4,400 square feet C-C-H
Frog&Peach Pub 728 Higuera Street 2,280 square feet C-C-H
SLO Brewing Co. 1119 Garden Street 4,270 square feet C-C-H
Mc Carthy's 1019 Court Street 900 square feet C-C-H
Tortilla Flats 1051 Nipomo Street 4,000 square feet C-C
Mustang Tavern 1347 Monterey Street 2,000 square feet C-R
Bull's Tavern 1032 Chorro Street 1,000 square feet C-C-H
9F
_ c
MEMORANDUM
1
TO: Pam Ricci Z,-,?4,VZ&
VN
FROM: C.R. Chelquist, Captain; ' 10"
'dT
DATE: April 9, 1996
SUBJECT: Project Review (Bogdan & Shaw)
on 4-9-96 I talked to both the applicants and received more detail
about their proposed venture. I seems clear that they are
attempting to attract the "older" and more dedicated western dance
crowd.
Mr. Shaw is a long time dance instructor and is active in the local
clubs. I do think that he is trying to create a location with
dancing as the primary draw. I do not think that he is just trying
to sneak a bar in under the door.
Based on the information I now have I would not anticipate that
this project, if approved,would produce significant work for the
Police Department. Given the location, on a heavily traveled
street, I do have some traffic concerns. These concerns are
heightened by the fact that alcohol will be served.
While it is a minor issue I will also point out that we may see a
number of minor parking lot accidents. Parking at the location is
restricted and access lanes are narrow with some being dead ends.
Mix a beer or two in and make it dark and I think we can count on
losing a fender or two.
I'Z/
INITIAL STUDY ER 87-96
ENVIRONMENTAL CHECKLIST FORM
1. Project Title:
Bogdan-Shaw Text Amendment
2. Lead Agency Name and Address:
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401-3249
3. Contact Person and Phone Number:
Pamela Ricci (805)781-7168
4. Project Location:
Service Commercial (C-S) Zones Citywide
5. Project Sponsor's Name and Address:
William Bogdan & Kenn Shaw
823 Via Estaban
San Luis Obispo, CA 93401
6. General Plan Designation Affected:
Services & Manufacturing
7. Zoning Category Affected:
Service Commercial (C-S) Zones Citywide
S. Description of the Project:
The applicants want to amend the text of the City's zoning regulations to allow
nightclubs in Service Commercial (C-S) zones citywide.
9. Surrounding Land Uses and Setting:
Chapter 17.46 of the City's zoning regulations states the City's C-S zones are
intended "to provide for storage, transportation and wholesaling, as well as
1-s2G
certain retail sales and business services, which may be less appropriate in the
City's other commercial zones." C-S zones are generally located in the
southern part of the City along the Broad Street and South Higuera Street
corridors.
10. Other public agencies whose approval is required:
None.
7a�
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this
project, involving at least one impact that is a "Potentially Significant Impact" as
indicated by the checklist on the following pages.
Land use and Planning Biological Resources Aesthetics
X Population and Housing Energy and Mineral Cultural Resources
Resources
Geological Problems Hazards Recreation
Water X Noise Mandatory Findings of
Significance
Air Quality Public Services
Transportation and Utilities and Service
Circulation Systems
DETERMINATION: (To be completed by the Lead Agency).
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and
a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there x
will not be a significant effect in this case because the mitigation measures described on an
attached sheet have been added to the project. A NEGATIVE DECLARATION WITH MITIGATION
MEASURES will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment, but at least
one effect(1) has been adequately analyzed in an earlier document pursuant to applicable legal
standards, and (2) has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially
Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must
analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, there
WILL NOT be a significant effect in this case because all potentially significant effects (1) have
been analyzed in an earlier EIR pursuant to applicable standards and (2) have been avoided or
mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed
upon the proposed project.
July 17, 1996
21`69natur�/
Date
Ronald Whisenand, Development Review Manager Arnold Jonas, Community Development Dir.
Printed Name For
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Impact" answers that are adequately
supported by the information sources a lead agency cites in the parentheses following each
question. A "No Impact" answer is adequately supported if the referenced information sources
show that the impact simply does not apply to projects like the one involved (e. g. the project falls
outside a fault rupture zone). A "No Impact" answer should be explained where it is based on
project-specific factors as well as general standards (e. g. the project will not expose sensitive
receptors to pollutants, based on a project-specific screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as on-site,
cumulative as well as project-level, indirect as well as direct, and construction as well as
operational impacts.
3) "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is
significant. If there are one or more "Potentially Significant Impact" entries when the
determination is made, an EIR is required.
4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than
Significant Impact." The lead agency must describe the mitigation measures, and briefly explain
how they reduce the effect to a less than significant level (mitigation measures from Section 17,
"Earlier Analysis," may be cross-referenced).
5) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process,
an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063
(c) (3) (D). Earlier analyses are discussed in Section 17 at the end of the checklist.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources
for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared
or outside document should, where appropriate, include a reference to the page or pages where
the statement is substantiated. A source list should be attached, and other sources used or
individuals contacted should be cited in the discussion.
7'�7
Issues and Supporting Information Sources Sources Potentially Potentially Less Than No
Significant Significant Significant Impact
ER 8756:Teta Amendment(CS zones citywide) Issuer Unless Impact
Page 5 Mitigation
Incorporated
1. LAND USE AND PLANNING. Would the proposal:
a). Conflict with general plan designation or zoning? 1 X
Land Use Element (LUE)
■ Policy 4.3 of the City's LUE of the general plan says that:
'GdhOwfacaves such as museums,ga0edes,and public theaters should be downtown. Entertainment faclrties, such
as nightclubs and pdvate theaters should be in the downtown, too. Locations outside downtown may be more
appropdate for faaTities that would be out of character or too big for downtown to accommodate comfortably, such
as the major performing arts center planned for the Cal Poly campus.ff
Conclusion: If it is possible to determine that there are different types of nightclubs that may have characteristics or space
needs that are better suited to outlying locations, rather than downtown, then it may be possible to view the request as
being consistent with the policy.
Mitigation Measure:
Approval of a change to the zoning regulations to allow nightclubs in the C-S zone shall be contingent upon a Planning
Commission use permit being required prior to establishment of the use. A footnote shall be added to Table 9, Uses
Allowed by Zone, that states:
In the C-S zone, nightclubs must contain a minimum of 4,500 square feet of floor area. The required use permit
process shall address parking, neighborhood compatibility and security issues.'
■ Policy 3.5.2 D. of the City's LUE identifies types of uses that are appropriate in areas designated Services and
Manufacturing. One of the uses listed in Subsection D. is"some recreation facilities". Nightclubs as a conditionally
allowed use appear to most closely fit in this category.
Conclusion: The language "some recreation facilities' seems to be purposely ambiguous to allow some room for
interpretation and to cover the wide range of uses that are not necessarily specifically listed in the LUE, but could be
construed to fit under the umbrella of this use category. Amusement arcades, athletic and health clubs, fitness centers
and game courts are allowed uses that would also fit under this category. Bars, taverns, bowling alleys and skating rinks
are conditionally allowed uses that would best fit in this category as well. The proposed use with its larger floor area and
focus on dancing, including classes, can be construed to be similar to these other recreation facilities in terms of locational
needs and space requirements. Because of the potential for noise, traffic and parking issues with all of these recreational
uses,the preference would be to separate them from residential neighborhoods and other noise sensitive uses. Outlying
service commercial zones would be appropriate areas for the proposed use in this regard.
b) Conflict with applicable environmental plans or policies X
adopted by agencies with jurisdiction over the project?
c) Be incompatible with existing land use in the vicinity? 2 X
�3d
issues and Supporting Information Sources Sources Potentially Potentially Less Than No
Significant Significant Significant Impact
ER 87-96;Tent Amendment(C-S zones citywide) Issues Unless Impart
Mitigation
Page 6 Incorporated
The City's zoning map indicates that there are areas zoned C-S that back up directly to residential areas. Many of these
area have the"S", Special Consideration overlay zoning, attached to them. Because of the potential for noise, traffic
and parking issues with nightclub uses, it would be best to locate them so that they are not immediately adjacent to
residential uses. The mitigation measure suggested in Section a) above, which requires a use permit to establish a
nightclub in the C-S zone and provides some guidance on types of issues that need to be addressed with use permit
review, is adequate mitigation to address the concern with the compatibility of such uses.
d) Affect agricultural resources or operations (e.g. impact to X
soils or farmlands, or impacts from incompatible land
uses)?
e) Disrupt or divide the physical arrangement of an X
established community (including a low-income or
minority community)?
POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local population X
projections?
b) Induce substantial growth in an area either directly or X
indirectly (e.g. through projects in an undeveloped area or
major infrastructure?
c) Displace existing housing, especially affordable housing? X
3. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving:
a) Fault rupture? X
b) Seismic ground shaking? X
c) Seismic ground failure, including liquefaction) L X
d) Seiche, tsunami, or volcanic hazard? X
7-3/
Issues and Supporting Information Sources Sources Potentially Potentially Less Than No
Significant Significant Significant Impact
Bt 87-96.Tent Amendment IGS zones dtywide) Issues Unless Impact
Page 7 Mitigation
Incorporated
e) Landslides or mudflows? X
f) Erosion, changes in topography or unstable soil conditions X
from excavation, grading or fill?
g) Subsidence of the land? X
h) Expansive soils? X
i) Unique geologic or physical features? X
4. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage patterns, or the X
rate and amount of surface runoff?
b) Exposure of people or property to water related hazards X
such as flooding?
c) Discharge into surface waters or other alteration of X
surface water quality (e.g. temperature, dissolved oxygen
or turbidity?
X
d) Changes in the amount of surface water in any water
body?
e) Changes in currents, or the course or direction of water X
movements?
y 3z
Issues and Supporting Information Sources Sources Potentially Potentially Less Than No
Significant Significant Significant Impact
ER 87-96:Text Amendment ICS zones citywide) Issues Unless Impact
Page 8 Mitigation
Incorporated
f) Change in the quantity of ground waters, either through X
direct additions or withdrawals, or through interception of
an aquifer by cuts or excavations or through substantial
loss of groundwater recharge capability?
g) Altered direction or rate of flow of groundwater? X
h) Impacts to groundwater quality? X-
0 Substantial reduction in the amount of groundwater X
otherwise available for public water supplies?
i. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to an X
existing or projected air quality violation (Compliance with
APCD Environmental Guidelines)?
Locating nightclubs in outlying areas will cause some to drive further, but trips will not typically be during peak traffic
hours. In some cases, trips may actually be reduced since many newer residential subdivisions are in the southern part
of the city where most of the C-S zones are located.
b) Expose sensitive receptors to pollutants X
c) Alter air movement, moisture, or temperature, or cause X
any change in climate?
d) Create objectionable odors? X
6. TRANSPORTATION/CIRCULATION. Would the proposal result in:
a) Increased vehicle trips or traffic congestion? I I I I X
Locating nightclubs in outlying areas will cause some to drive further, but trips will not typically be during peak traffic
hours. In some cases, trips may actually be reduced since many newer residential subdivisions are in the southern part
f the city where most of the C-S zones are located.
7-B
Issues and Supporting Information Sources Sources Potentially Potentially Less Than No
Significant Significant Significant Impact
ER 8756;Tent Amendment(CS zones citywide) Issues Unless Impact
Page 9 Mitigation
Incorporated
b) Hazards to safety from design features (e.g. sharp curves X
or dangerous intersections) or incompatible uses (e.g.
farm equipment))?
c) Inadequate emergency access or access to nearby uses? X
d) Insufficient parking capacity on-site or off-site? X
Through the required use permit, the availability of adequate parking facilities for the nightclub use will be evaluated.
e) Hazards or barriers for pedestrians or bicyclists? X
fl Conflicts with adopted policies supporting alternative X
transportation (e.g. bus turnouts, bicycle racks)?
Through the required use permit, the need for facilities to promote alternative transportation will be evaluated.
g) Rail, waterborne or air traffic impacts (e.g. compatibility X
with San Luis Obispo Co. Airport Land Use Plan)?
7. BIOLOGICAL RESOURCES. Would the proposal result in:
a) Endangered, threatened or rare species or their habitats X
(including but not limited to plants, fish, insects, animals
or birds)?
b) Locally designated species (e.g. heritage trees)? X
c) Locally designated natural communities (e.g. oak forest, X
coastal habitat, etc.)?
d) Wetland habitat (e.g. marsh, riparian and vernal pool? X
e) Wildlife dispersal or migration corridors? X
Issues and Supporting Information Sources Sources Potentially Potential'„ Less Than No
Significant Significant Significant Impact
Issues
ER 87-98:Text Amendment ICS zones citywide) Unless Impact
Mitigation
Page 10 Incorporated
S. ENERGY AND MINERAL RESOURCES. Would the proposal:
a) Conflict with adopted energy conservation plans? X
b) Use non-renewable resources in a we and inefficient X
manner?
c) Result in the loss of availability of a known mineral X
resource that would be of future value to the region and
the residents of the State?
9. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous X
substances (including, but not limited to: oil, pesticides,
chemicals or radiation)?
b) Possible interference with an emergency response plan or X
emergency evacuation plan?
c) The creation of any health hazard or potential health X
hazard?
d) Exposure of people to existing sources of potential health X
hazards?
e) Increased fire hazard in areas with flammable brush, grass X
of trees?
10. NOISE. Would the proposal result in:
a) Increase in existing noise levels? X
�� S
Issues and Supporting Information Sources Sources Potentially Potentially Less Than No
Significant Significant Significant Impact
ER 87-96;Text Amendment ICS zones citywide) Issues Unless Impact
Page 11 Mitigation
Incorporated
Nightclubs, with dancing and amplified music, will increase the noise levels in the evening hours at sites when they are
open for business. In general,the hours of operation for a nightclub will be during times when many other businesses will
typically be closed. Nightclubs would not be appropriate on sites in the C-S zone immediately adjacent to residential uses
unless noise levels could somehow be attenuated.
Mitigation Measure:
With consideration of the required use permit, plans for establishment of nightclubs at specific sites shall be reviewed to
determine if there are sensitive noise receptors nearby, and whether building soundproofing will be required, or additional
screening is needed between the project site and adjoining lots.
b) Exposure of people to severe noise levels? X
With the establishment of a nightclub, people may be exposed to increased noise levels as discussed immediately above
in Section a).
11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered
government services in any of the following areas:
a) Fire protection? X
The Fire Department sets occupancy limitations on nightclubs and notifies applicants on any specific requirements to
improve existing or planned facilities for assembly occupancies to provide better fire protection.
b) Police protection) X
The Police Department is usually directly impacted by the establishment of new nightclub uses. Through the required use
permit,the Police Department will review security plans and suggest any necessary conditions to help lessen the impact
on their services.
c) Schools? X
d) Maintenance of public facilities, including roads? X
e) Other governmental services? X
12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or
substantial alterations to the following utilities:
a) Power or natural gas? X
b) Communications systems? X
734
issues and Supporting Information Sources Sources Potentially Potentially Less Than No
Significant Significant Significant Impact
Issues Unless Impact
ER 87-96:Text Amendment ICS zones citywide) Mitigation
Page 12 Incorporated
c) Local or regional water treatment or distribution facilities? X
d) Sewer or septic tanks? X
e) Storm water drainage? X
f) Solid waste disposal? X
Through the required use permit, the need for facilities to handle both garbage and recycling will be evaluated.
g) Local or regional water supplies? X
'ightclubs may increase water demand at some locations; they would be required to offset their increased water demand
a manner consistent with adopted City policies.
13. AESTHETICS. Would the proposal:
a) Affect a scenic vista or scenic highway? X
b) Have a demonstrable negative aesthetic effect? X
c) Create light or glare? X
14. CULTURAL RESOURCES. Would the proposal:
a) Disturb paleontological resources? X
b) Disturb archaeological resources? X
c) Affect historical resources? X
.1 Have the potential to cause a physical change which X
would affect unique ethnic cultural values?
7-3J
Issues and Supporting Information Sources Sources Potentially Potentially Leas Than No
Significant Significant Significant Impact
6i 87-96;Tent Amendment(CS zones citywide) Issues Unless Impact
Page 13 Mitigation
Incorporated
e) Restrict existing religious or sacred uses within the X
potential impact areal TT
15. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or regional parks X
or other recreational facilities?
b) Affect existing recreational opportunities? X
The proposed request may be viewed as expanding recreational opportunities.
16. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the quality X
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population to
drop below self-sustaining levels, threaten to eliminate a
plant or animal community, reduce the number or restrict
the range of a rare or endangered plant or animal or
eliminate important examples of the major periods of
California history or prehistory?
b) Does the project have the potential to achieve short-term, X
to the disadvantage of long-term, environmental goals?
In this case, short-term and long-term environmental goals are the same.
c) Does the project have impacts that are individually limited, X
but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of the past projects, the effects of other current
projects, and the effects of probable future projects)
With the requirement for an administrative use permit to establish a nightclub, the potential to cumulatively impact air
quality and noise to a significant degree can be evaluated.
d) Does the project have environmental effects which will X
cause substantial adverse effects on human beings, either
directly or indirectly?
7��
issues and Supporting Information Sources Sources Potentially Potentially Less Than No
Significant Significant Significant Impact
Issues Unless Impact
61 87-96;Tent Amendment(C-S zones citywide)
Mitigation
Page 14 Incorporated
17. EARLIER ANALYSES.
Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have
been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion
should identify the following items:
a) Earlier analysis used. Identify earlier analyses and state where they are available for review.
Final EIR: Land Use Element/Circulation Element Updates, August 1994.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately
analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed
by mitigation measures based on the earlier analysis.
Not applicable.
c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation
measures which were incorporated or refined from the earlier document and the extent to which they address site-
specific conditions of the project.
Not applicable.
Authority: Public Resources Code Sections 21083 and 21087.
Reference: Public Resources Code Sections 21080 (c), 21080.1, 21080.3, 21082.1, 21083, 21083.3, 21093, 321094,
21151; Sundstrom v. County of Mendocino, 202 Cal. App. 3d 296 (1988); Leonoff v. Monterey Board of Supervisors, 222
Cal. App. 3d 1337 (1990).
18. SOURCE REFERENCES
1 City of San Luis Obispo Land Use Element, August 1994.
2 City of San Luis Obispo Zoning Map, April 1996.
3
4
5
Issues and Supporting Information Sources Sources Potentially Potentially Lose Than No
Significant Significant Significant Impact
Bi 87-96;Text Amendment(CS zones citywide) Issues Unless Impact
Page 15 Mitigation
Incorporated
19. MITIGATION MEASURES/MONITORING PROGRAM
1 Mitigation Measure:
Approval of a change to the zoning regulations to allow nightclubs in the C-S zone shall be contingent upon a
Planning Commission use permit being required prior to establishment of the use. A footnote shall be added
to Table 9, Uses Allowed by Zone, that states:
`9n the C-S zone, nightclubs must contain a minimum of 4,500 square feet of floor area.
The required use permit process shall address parking, neighborhood compatibility and
security issues.
Monitorina Program:
The Planning Commission and City Council must determine that the proposed amendment is consistent with
LUE policy. The suggested footnote has been designed to insure this.
2 Mitigation Mea .r
With consideration of the required use permit, plans for establishment of nightclubs at specific sites shall be
reviewed to determine if there are sensitive noise receptors nearby, and whether building soundproofing will
be required, or additional screening is needed between the project site and adjoining lots.
Monitoring Program:
Through the review of the required use permit, the Hearing Officer would determine whether a specific
request adequately addressed noise considerations. Planning staff would monitor any noise mitgations
through review of project plans and inspection of sites prior to occupancy.
The above mitigation measures are included in the project to mitigate potential adverse environmental impacts. Section
15070(b)(1) of the California Administrative Code requires the applicant to agree to the above mitigation measures before the
proposed Mitigated Negative Declaration is released for public review. I hereby agree to the mitigation measures and
monitoring program outlined above.
Applicant Date
I�� Illlll i:• i�. :i' .I
a �V�7s///T k4is oaspcoa
Community Development Department, 990 Palm Street, San Luis Obispo, CA 93401
XII. SERVICE-COMMERCIAL (C-S) ZONE
This is a summary of provisions governing uses allowed in the Service-Commercial (C-S) zone. Consult
the City of San Luis Obispo Zoning Regulations for additional information.
Date Revised: October, 1994
1. Allowed Uses:
• Advertising & related services (graphic design, writing, mailing, addressing, etc.)
• Ambulance services
• Amusement arcades (See Section 17.08.060)
• Animal hospitals, boarding, and grooming (small animals)
• Athletic and health clubs, fitness centers, game courts
• Auto repair & related services (body, brake, transmissions, muffler shops; painting, etc.)
• Auto sound system installation
• Broadcast studios
• Building and landscape maintenance services
• Caretaker's quarters
• Carwash
-self-service
• Catering services
• Computer services
• Construction activities
• Contractors - all types of general and special building contractor's offices
• Contractor's yards
• Credit reporting and collection
• Delivery and private postal services
• Detective and security services
• Equipment rental
• Exterminators and fumigators
• Feed stores and farm supply sales
• Government agency corporation yards
• Laboratories (medical, analytical research)
• Laundry/dry cleaners
-cleaning plant
-pick-up point
• Offices (engineering) engineers, architects, and industrial design
• Photocopy services-, quick printers
• Photofinishing - retail
• Photofinishing - wholesale, and blueprinting and microfilming services
• Photographic studios
• Post offices and public and private postal services
• Printing and publishing
• Produce stands
• Repair services
-small household appliances, locksmith, seamstress, shoe repair
-large appliance, electrical equipment power tools, saw sharpening
yi
X 1 . service-Commercial (C-S) Zone - Page 2
• Retail sales and rental - autos, trucks, motorcycles, RV's
• Retail sales - appliances, furniture and furnishings, musical instruments, processing
equipment, business, office and medical equipment stores, catalog stores, sporting goods,
outdoor supply.
• Retail sales - auto parts and accessories except tires and batteries as principal use
• Retail sales - tires and batteries
• Retail sales-outdoor sales of building and landscape materials (lumber yards,nurseries,etc.)
• Retail sales - indoor sales of building materials and gardening supplies (floor and wall
coverings, paint, glass stores, etc.)
• Retail sales and rental - boats, aircraft, mobile homes
• Retail sales and repair of bicycles
• Service stations
• Tire recapping
• Trailer rental
• Trucking/taxi service -
• Utility companies
-Corporation yards
• Utility distribution facilities (See Section 17.08.080)
• Vending machines (See Section 17.08.050)
• Warehousing, mini-storage, moving companies
• Water treatment services
• Wholesale and mail order houses
2. Uses Allowed with Director's or Chief Building Official's A royal b Letter
• Mobile home as temporary residence at building site
• Outdoor sales of Christmas trees and other seasonal agricultural products
3. Uses Allowed by Director's Aooroval of an Administrative Use Permit:
• Animal hospitals and boarding, grooming, training (large animals)
• Antennas (commercial broadcasting)
• Bars, taverns, etc. (without entertainment facilities)
• Barbers, hairstylists, manicurists, tanning centers
• Bowling alleys
• Bus stations
• Cabinet and carpentry shops
• Car wash
-mechanical
• Churches, synagogues, temples, etc.
• Circuses, carnivals, fairs, festivals, parades on private property
• Concurrent sales of alcoholic beverages and motor fuel
• Day care - day care center
• Gas distributors - containerized (butane, propane, oxygen, acetylene, etc.)
• Laundry/dry cleaners
-self-service
• Manufacturing -food, beverages;ice;apparel; electronic, optical, instrumentation products;
jewelry; musical instruments-, sporting goods; art materials
• Organizations (professional, religious, political, labor, fraternal, trade, youth, etc.) offices
and meeting rooms
• Parking (as a principal use)
• Railroad yards, stations, crew facilities
• Restaurants, sandwich shops, takeout food, etc.
�- yz
Xfl. Service-Commerciai (C-S) Zone - Page 3
• Retail sales - groceries, liquor, and specialized foods (bakery, meats, dairy items, etc.)
• Schools
-business, trade, recreational, or other specialized schools
• Secretarial & related services Icourt reporting, stenography, typing, telephone answering,
etc.)
• Tattoo Parlors
• Temporary sales
• Temporary uses - not otherwise listed
• Ticket/travel agencies
• Utility companies
-engineering & administration offices
• Veterinarians
4. Uses Allowed by Planning Commission Anoroval of a Use Permit:
• Airports & related facilities
• Amusement parks, fairgrounds.
• Cemeteries, mausoleums, columbariums
• Drive-in theaters
• Homeless shelters
• Hot tubs - commercial use
• Mineral extraction
• Public assembly facilities (community meeting rooms, auditoriums, conventionlexhibition
halls)
• Retail sales-general merchandise (drug,hardware, discount,department and variety stores)
• Skating rinks
• Stadiums
• Swap meets
• Swimming pools (public)
5. Any other uses are not allowed.
7- y3