75B - PH ZONING ORD AMND CH 41 - Laserfiche WebLink

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Zoning Ordinance Amendment No. 2017-01 — Update Various Sections of Chapter 41 of the SAMC November 7, 2017 Page 2 allowing additional opportunities to purchase organic and similarly healthy foods. Outdoor swap meets are not allowed under this provision. 2. Retail Markets open between the hours of 12:00 a.m. and 5:00 a.m. - Section 41-522 The proposed amendment will allow retail markets having less than 20,000 square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. subject to the approval of a conditional use permit in the C -SM zone. This modification is a business friendly amendment that will provide additional business opportunities and enhance the retail activities along this corridor as well as making the C -SM zone consistent with the C1, C2, C4 and C5 zones, which allow after hours operations with a CUP. 3. Tattoo and/or Body Art Establishments Sections 41-159, 41-159.5, 41-195.5, 41-199.3, 41- 365, 41-365.5, and 41-489.5 of SAMC, Table 3-2 of the Harbor Mixed Use Transit Corridor Specific Plan (SP2), Table 3 of the Metro East Mixed Use Overlay Zone (MEMU), and Table 2A of the Transit Zoning Code — Specific Development No. 84 (SD -84) Tattoo and/or body art establishments will be allowed by right in the zoning districts identified in Table 1 below subject to development and operational standards noted in Table 2. Various courts have ruled that tattoos, tattooing, and the business of tattooing are considered a form of artistic expression and therefore protected under the First Amendment. These rulings made it illegal for any jurisdiction in California to prohibit tattoo establishments and determined that municipalities should ensure that there are sufficient locations in which tattoo establishments may operate. The proposed amendment will bring the City's tattoo regulations into compliance with laws regarding freedom of expression and will allow new tattoo businesses to open in specific commercial areas by right. Table 1: Tattoo and/or Body Art Establishment Allowed Zoning Districts FZonin Document FZonin Disfricts , Chapter 41 —Zoning Community General Commercial Planned Shopping district shall be located within 500 feet of a public or private school (K-12) Commercial C-1 C-2 Center C-4 Harbor Mixed Use Transit Corridor Transit Node (South and North) Corridor Specific Plan SP -2 Metro East Mixed Use Overlay Zone Village Center District Active Urban District MEMU Transit Zoning Code — Specific Transit Village Downtown (DT) Urban Center Corridor (CDR) Development No. 84 SD -84 TV UC FSu6 ect [Standa[d in Location and Placement No tattoo and/or body establishment in the C-1, C-2, and C-4 zoning district shall be located within 500 feet of a public or private school (K-12) or public park as measured from the outermost boundary of the property to 75B-2