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HomeMy WebLinkAbout1258ORDINANCE 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 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 Ordinance No. 1258 (1994 Series) Page 2 17.02.020, and more specifically, consistent with the intent section of SLOW 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 Mayor Peg Pinard ATTEST: ity lerk Diane R Gladwell Ordinance No. 1.258 (1.994 Series) Page 3 APPROVED: !�, /rte, _rte! 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 O 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. 5. In the M zone, schools are limited to those offering instruction in fields supportive of allowed uses. 6. In the O, 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, Jexeept tftat the floor area o.. video stoe�s sh it trot eX ee..:.t;::r e ............. thousand; square Ieet 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 O 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. Ordinance No. 1258 (1994 Series) FINALLY PASSED this 5th day of April , 1994, on motion of Council Member Settle , seconded by Council Member Romero , and on the following roll call vote: AYES: Council.Members Settle, Romero, Rappa, Roalman, and Mayor Pinard NOES: None ABSENT: None Mayor Peg Vinard ATTEST: clerk :Oe. iadwell cor% 1Oic1..p %.uA,� Gody