HomeMy WebLinkAbout09/03/1996, C-3 - 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). A2council "f'"`°"q-3-quo
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CITYOF SAN LUIS O B I S P O
FROM: Arnold B. Jonas,kommunity Development Director
Prepared By: Pam Ricci, Associate Planner
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
Grant final passage to Ordinance No.1305, approving a negative declaration with mitigation
measures, and 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 requirement for a Planning Commission use
permit and the addition of a footnote, based on findings.
DISCUSSION
Situation
On August 20, 1996, the City Council introduced Ordinance No.1305 to print, approving the
requested text amendment. Ordinance No. 1305 is now ready for final passage. The change to
the text of the zoning regulations will become effective 30 days after final passage of the
ordinance.
Significant Impacts
The City Council has adopted the initial study of environmental impact ER 87-96 which concludes
that a Mitigated Negative Declaration will be filed for the project. No significant fiscal or
environmental impacts are anticipated.
Conscquences of Not Taking the Recommended Action
If the council does not give final passage to the ordinance, the zoning regulations will remain the
same and the applicants would not be able to pursue a Planning Commission use permit to
establish their nightclub use on property zoned C-S.
Attached: Ordinance No.1305
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ORDINANCE NO. 1305 (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 COMIlVIISSION 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:
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City Council Ordinance No. 1305 (1996 Series)
Page 2
7n 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. Findingc.
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.
City Council Ordinance No. 130(1996 Series)
Page 3
RVTRODUCED 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 council Member Smith
seconded by vice Mayor Williams , and on the following roll call vote:
AYES: Councilmembers Smith, Williams, Roalman, Romero and Mayor Settle
NOES: None
A13SENT: None
Mayor Allen Settle
ATTEST:
ity Clerk Bo 'e G wf
APPROVED:
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