HomeMy WebLinkAbout05-17-2016 Item 12 Ordinance Adoption - SLO Brew
Meeting Date: 5/17/2016
FROM: Michael Codron, Community Development Director
Prepared By: Rachel Cohen, Associate Planner
SUBJECT: ADOPTION OF AN ORDINANCE TO AMEND TABLE 9 OF SECTION
17.22.010 OF THE CITY’S MUNICIPAL CODE (ZONING REGULATIONS)
CONDITIONALLY PERMITTING A NIGHT CLUB LAND USE WITHIN
THE BUSINESS PARK (B-P) ZONE IN THE AIRPORT AREA SPECIFIC
PLAN AREA
RECOMMENDATION
Adopt Ordinance No. 1629 (2016 Series) amending Table 9 of Section 17.22.010 of the City’s
Municipal Code (Zoning Regulations) to conditionally permit night club uses within the
Business Park zone of the Airport Area Specific Plan.
DISCUSSION
Background
On May 3, 2016, the City Council in a 4:1 vote, introduced an Ordinance amending Table 9 of
Section 17.22.010 of the City’s Municipal Code (Zoning Regulations) (Attachment A). The
amendment provides regulations to conditionally permit night club uses into the Business Park
Zone of the Airport Area Specific Plan.
Ordinance No. 1629 (2016 Series) is ready for adoption. The amended text will become effective
30 days after adoption.
Attachments:
a - Ordinance No. 1629 (2016 Series)
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O ______
ORDINANCE NO. 1629 (2016 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TABLE 9 OF SECTION 17.22.010 OF
THE CITY’S MUNICIPAL CODE (ZONING REGULATIONS)
CONDITIONALLY PERMITTING A NIGHT CLUB LAND USE WITHIN
THE BUSINESS PARK (B-P) ZONE IN THE AIRPORT AREA SPECIFIC
PLAN AREA (CODE-1316-2015)
WHEREAS, on May 5, 2015, the applicant, SLO Brew Investors, LLC, submitted an
application to request an amendment to Table 9 of the San Luis Obispo Municipal Code section
17.22.010 to allow a night club land use (live indoor/outdoor entertainment) within the Business
Park zone of the Airport Area Specific Plan; and
WHEREAS, the Airport Land Use Commission of the County of San Luis Obispo
conducted a public hearing in Board of Supervisors Chambers, County Government Center, 1055
Monterey Street, Room D170, San Luis Obispo, California, on December 16, 2015, and
recommended approval of the amendments to the Municipal Code; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on February 10, 2016, and recommended approval of the amendments Table 9 of San
Luis Obispo Municipal Code section 17.22.010 to allow a night club land use within the
Business Park zone of the Airport Area Specific Plan; and
WHEREAS, the City Council on May 3, 2016, considered the request of the an
amendment to Title 17(Zoning Regulations) and the Airport Area Specific Plan to allow a night
club land use (live indoor/outdoor entertainment) within the Business Park zone with a use
permit (CODE-1316-2015); and,
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicants, interested parties, and the evaluation and recommendations by staff, presented
at said hearing.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The City Council hereby finds that the proposed amendments
will not significantly alter the character of the City or cause significant health, safety or welfare
concerns, since the amendments are consistent with the General Plan and directly implement
City goals and policies.
SECTION 2. Action. Table 9 of the San Luis Obispo Municipal Code section 17.22.010
is hereby amended as set forth in Exhibit “A” attached hereto and incorporated herein by this
reference.
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Ordinance No. 1629 (2016 Series) Page 2
O 1629
SECTION 3. Environmental Determination. The City Council has considered the
proposed Mitigated Negative Declaration of Environmental Impact (“MND”) for this project
which was adopted by Resolution No. 10711 (2016 Series) together with all comments received
during the public review period, and, on the basis of the whole record before it, hereby finds that
(1) potentially significant environmental effects were identified but mitigation measures to be
included and incorporated into the text amendments to avoid or reduce the effects to a point
where clearly no significant effect on the environment would occur; (2) there is no substantial
evidence that the text amendment will have a significant effect on the environmental; and (3) the
MND reflects the City of San Luis Obispo’s independent judgment and analysis.
SECTION 4. Severability. Should any provision of this Ordinance, or its application to
any person or circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other provision
of this Ordinance or the application of this Ordinance to any other person or circumstance and, to
that end the provisions hereof are severable.
SECTION 5. A summary of this ordinance, approved by the City Attorney, together with
the names of the Council members voting for and against it, shall be published at least five days
prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This
ordinance will go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the ____ day of ____________ 2016, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the ____ day of 201 6, on the following roll call
vote:
AYES:
NOES:
ABSENT:
________
Mayor Jan Marx
ATTEST:
____________________________
Lee Price, MMC
Interim City Clerk
APPROVED AS TO FORM:
____________________________
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Ordinance No. 1629 (2016 Series) Page 3
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J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
______________________________
Lee Price, MMC
Interim City Clerk
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Ordinance No. 1629 (2016 Series) Page 4
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TABLE 9 - USES ALLOWED BY ZONE - Continued
Permit Requirement by Zoning District Specific use
Land Use AG C/OS R1 R2 R3 R4 PF O (1)C-N C-C C-D C-R C-T C-S M BP Regulations
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Club, lodge, private meeting hall D D A D A/D D D D
Commercial recreation facility - Indoor PC D D D D D(12)PC D 17.08.060
Commercial recreation facility - Outdoor PC PC
Educational conferences D D D D 17.08.010.C.6
Fitness/health facility D A D D PC A A D
Golf Course PC
Library, museum PC D D D D
Library, branch facility D D D D
Night club D D D D D D PC (14)Chapter 17.95
Park, playground D D A A A A D D A A A
Public assembly facility PC D D D D PC
Religious facility PC D D D D A D D D A D(7)D(7)D(7)
PC PC
School - College, university campus PC
School - Elementary, middle, secondary PC PC D D PC D
School - Specialized education/training PC A/D A/D A A A
Special event D D D D D D D D D 17.08.010
Sports and active recreation facility PC PC PC PC
Sports and entertainment assembly facility PC PC
Studio - Art, dance, martial arts, music, etc.D D A/D A/D A PC A
Theater PC(8)D D D D Chapter 17.95
Theater - Drive-in PC PC
RESIDENTIAL USES
Boarding/rooming house, dormitory PC D D D Chapter 17.20
Caretaker quarters A A A A A A A A A A A A A A A D
Convents and monasteries PC A A D
Fraternity, sorority PC PC
High occupancy residential use D D
Home occupation H H H H H H H H H H H H H H 17.08.090
Live/work units A A A A A 17.08.120
Mixed-use project A A A A A A PC PC 17.08.072
A A A A A A A A
Mobile home park A A A A
Multi-family dwellings A A A A D D
A A A A A A A/D A/D A/D D
A A A A A D A/D A/D D
Residential hospice facility PC PC D PC PC D
Rest home A A A A A D A/D A/D D
Single-family dwellings A A A(2)A A A A D D
Secondary dwelling units A A A A A Chapter 17.21
Work/live units D D 17.08.120
Key:A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
A/D = Director's approval on ground floor, allowed on second floor or above H = Home Occupation Permit required
Note:Footnotes affecting specific land uses follow the table.
Mobile home as temporary residence at
building site
Residential care facilities - 6 or fewer
residents
Residential care facilities - 7 or more
residents
School - Boarding school, elementary, middle,
secondary
School - College, university - Satellite
classroom facility
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Ordinance No. 1629 (2016 Series) Page 5
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Notes to Table 9:
1. Ozone - All uses. A Use Permit is required for the conversion of residential structures to
non-residential uses. In order to approve a Use Permit, the Director shall first find that:
a. The location, orientation, height, and mass of new structures will not significantly affect privacy in
nearby residential areas; and
b. The project location or access arrangements will not significantly direct traffic to local streets in
nearby residential areas; and
c. The project includes landscaping and yards that adequately separate pa rking and pedestrian
circulation areas from sites in nearby residential areas.
2. R-1 zone - Multiple dwellings. Except for condominiums, the construction of more than one
dwelling on a parcel in the R-1 zone requires Administrative Use Permit approval. R-1 density
standards apply.
3. C-N zone - Limitations on floor area. A general retail use in the C-N zone shall not exceed a gross
floor area of 2,000 square feet for each establishment, or a combined floor area of all general retail
establishments within a shopping center of 25 percent of the total floor area in a shopping center with
a gross floor area of 15,000 square feet or more; and shall not exceed 50 percent of the total floor
area in a shopping center with a gross floor area of less than 15,000 square feet. The Administrative
Use Permit may provide for exceptions to the floor area limitations above. For general retail uses
with a floor area greater than 2,000 square feet on a parcel not located within a shopping center, an
Administrative Use Permit shall be required to insure consistency with policies of the General Plan
Land Use Element and compatibility with surrounding uses.
4. C-S and M zones - Required findings for offices. The approval of an office facility in the C-S or M
zone shall require that the review authority first find that:
a. The project will be compatible with existing and allowed land uses in the area;
b. The project location or access arrangements will not significantly direct traffic to use local or
collector streets in residential zones;
c. The project will provide adequate mitigation to address potential impacts related to noise, light
and glare, and loss of privacy, among others, imposed by commercial activities on nearby
residential areas, by using methods such as setbacks, landscaping, berming and fencing;
d. The project will not preclude industrial or service commercial uses in areas especially suited for
these uses when compared with offices; and
e. The project will not create a shortage of C-S- or M-zoned land available for service commercial or
industrial development.
5. C-R zone - Auto sound system installation. Auto sound installation services may be approved
only as an accessory use to the retail sales of auto sound systems on the same site. Use Permit
review shall consider parking space displacement, noise from the operation, and the appearance and
visibility of the installation area.
6. Parking as a principal use. Use Permit approval may include deviations to otherwise applicable
setback requirements and building height limits. A multi-level parking facility shall require the
approval of a Use Permit by the Planning Commission.
7. Religious facilities.
a. C-S zone requirements. Use Permit review shall consider that the C-S 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
religious facility will not likely cause unreasonable compatibility problems with existing or likely
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Ordinance No. 1629 (2016 Series) Page 6
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future service commercial uses in the vicinity. Use Permit conditions may include measures to
mitigate incompatibility.
b. C-T and M zone requirements. A religious facility use may be allowed only inside an existing
building.
8. PF zone - Theaters. Only non-profit theaters are permitted.
9. Day care centers. Allowed by right where accessory to a church or school, or where an employer
provides on-site child care to 14 or fewer children for the exclusive benefit of employees, providing
the primary use meets City parking standards.
10. Groceries, Liquor, Specialty Foods in the CN Zone. In the C-N zone, grocery, liquor and
specialty food stores less than 3,000 square feet are allowed. Such uses with a gross floor area
between 3,000 and 5,000 square feet are allowed with the approval of an Administrative Use Permit.
Stores between 5,000 and 10,000 square feet may be approved by Planning Commission Use
Permit. In order for a use permit to be approved by the Hearing Officer or by the Planning
Commission, the deciding body must find that the proposed use is compatible with surrounding uses
and the surrounding neighborhood, and that the use is consistent with the purpose and intent of the
Neighborhood Commercial designation as discussed in the General Plan.
11. In order to approve a Medical Service use in the C-S or BP zones, the Hearing Officer must make
the following findings:
a) The proposed medical service is compatible with surrounding land uses.
b) The proposed medical service is located along a street designated as an arterial or commercial
collector in the Circulation Element and has convenient access to public transportation.
c) The proposed m edical service will not significantly increase traffic or create parking impacts in
residential neighborhoods.
d) The proposed medical service is consistent with the Airport Land Use Plan.
e) The project will not preclude service commercial uses in areas especially suited for these uses
when compared with medical services.
f) The project site can accommodate the parking requirements of the proposed medical service
and will not result in other lease spaces being under -utilized because of a lack of available
parking.
12. C-S zone - Required findings for Indoor Commercial Recreational Facilities. Commercial indoor
recreational uses in the C-S zone shall not include less than 10,000 square feet gross floor area per
establishment. The approval of an indoor commercial recreational facility in the C-S zone shall
require that the review authority first find that:
a) The proposed use will serve the community, in whole or in significant part, and the nature of the
use requires a larger size in order to function;
b) The project will be compatible with existing and allowed land uses in the area;
c) The project location or access arrangements will not significantly direct traffic to use local or
collector streets in residential zones;
d) The project will not preclude industrial or service commercial uses in areas especially suited for
these uses when compared with recreational facilities; and
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Ordinance No. 1629 (2016 Series) Page 7
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e) The project will not create a shortage of C-S -zoned land available for service commercial
development.
13. Safe Parking. Safe parking is only allowed in the R-1, R-2, R-3 and R-4 zones when accessory to a
public assembly use, such as a club, lodge, private meeting hall or religious facility. Safe parking is
prohibited as a primary use in the R-1, R-2, R-3 or R-4 zones and in all applicable zoning districts on
properties that contain residential uses as the primary use.
14. Night club use in the BP zone. Night clubs shall be allowed only in the BP zone of the Airport Area
Specific Plan. Refer to the Allowed uses, Table 4.3, of the Airport Area Specific Plan for more
information.
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THE—( Newspaper of the Central Coast
MBUNE
3825 South Higuera • Post Office Box 112 • San Luis Obispo, California 93406-0112 • (805) 781-7800
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AFFIDAVIT OF PUBLICATION
AD # 2435487
CITY OF SAN LUIS OBISPO
OFFICE OF THE CITY CLERK
STATE OF CALIFORNIA
ss,
County of San Luis Obispo
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen and not
interested in the above entitled matter; 1 am now, and at
all times embraced in the publication herein mentioned
was, the principal clerk of the printers and publishers of
THE TRIBUNE, a newspaper of general Circulation,
printed and published daily at the City of San Luis
Obispo in the above named county and state; that notice
at which the annexed clippings is a true copy, was
published in the above-named newspaper and not in any
supplement thereof — on the following dates to wit;
MAY 7, 2016, that said newspaper was duly and
regularly ascertained and established a newspaper of
general circulation by Decree entered in the Superior
Court of San Luis Obispo County, State of California, on
June 9, 1952, Case 919139 under the Government Code
of the State of California.
I certify (or declare) under the penalty of perjury that the
foregoing is true and correct.
(Signatul (Principal Clerk)
DATED: MAY 7, 2016
AD COST: $160.08
CITY OF
SfMLW50B1SP0
ORDINANCE NO. 1629 (2016 Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO,
CALIFORNIA, AMENDING TABLE 9 OF
SECTION 17.22.010 OF THE CITY'S
MUNICIPAL CODE (ZONING REGULA-
TIONS) CONDITIONALLY PERMITTING
A NIGHT CLUB LAND USE WITHIN THE
BUSINESS PARK (B -P) ZONE IN THE
AIRPORT AREA SPECIFIC PLAN AREA
NOTICE IS HEREBY GIVEN that the City
Council of the City of San Luis Obispo, Call-
lornia, at Its Regular Meeting of May 3,
2016, introduced the above titled ordinance
upon a motion by Council Member Christi-
anson, second by Council Member Rivoire,
and on the following roll call vote:
AYES: Council Member Carlyn Chrlsilan-
son, Dan Rivoire, Vice Mayor Dan Carpen-
ter, and Mayor Jan Manx
NOES: Council Member John Ashbaugh
rdinance No, 1629 I2( 1j Serle - This Is
a City Ordinance amending the City of San
Luis Obispo Municipal Code Tills 17 Zon-
ing, Table 9 - Uses Allowed by Zone to con-
dilionally allow Night Club land use within
the Airport Area Specific Plan.
A full and complete copy of the aforemen.
tioned Ordinance Is available for' inspection
and copy in the City Clerk's Office, located
at 990 Palm Street, San Luis Obispo, Cali-
lomia, or you may call (805) 781.7100 for
more information.
NOTICE IS HEREBY FURTHER GIVEN
that the City Council of the City of San Luis
Obispo will consider adopting the afore-
mentioned Ordinance at its Regular Meet-
ing of May 17, 2016 at 6:00 p.m., which will
be held In the Council Chamber, located al.
990 Palm Street, San Luis Obispo, Califor-
nia. '
Lee Price, MMC
Interim City Clerk
May 7, 2016 2435467