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HomeMy WebLinkAbout1305ATTACHMENT 1 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 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: n_IZnS A- , 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. 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. City Council Ordinance No. 130(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 council Member Smith seconded by vice Mayor Williams , and on the following roll call vote: AYES: Counclmembers Smith, Williams, Roalman, Romero and Mayor Settle NOES: None ABSENT: None Mayor Allen Settle ATTEST: �Zty Clerk iKie, wf APPROVED: .i, r?, to: 1:\res\a87- 96.ord . A�CA/ Ordinance No. 1305 (1996 Series) FINALLY PASSED this 3rd day of September, 1996, on motion of Council Member Smith, seconded by Vice Mayor Williams, and on the following roll call vote: AYES: Council Members Smith, Williams, Roalman, Romero and Mayor Settle NOES: None ABSENT: None Mayor Allen K. Settle ATTEST: Cler B�A�e— ',O&a-�rl