O 653 ORDINANCE NO. 653
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING TABLE 16.36.030(A)
IN SECTION 16.36.030 OF TITLE 16 OF THE ARROYO
GRANDE MUNICIPAL CODE
WHEREAS, the City Council finds that limiting the location of drive-through retail to
shopping centers in the Gateway Mixed Use zoning district will support the goals and
objectives in the Land Use Element of the City General Plan promoting mixed -uses;
and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Development Code Amendment Findings:
1. The proposed change of zone (or revision to this title) is consistent with the
goals, objectives, policies and programs of the general plan, and is necessary
and desirable to implement to provisions of the general plan;
The proposed change of zone is consistent with the goals, objectives, policies and
programs of the General Plan in that drive-through retail are allowable within the mixed-
use areas if approved by a Conditional Use Permit which mitigates potential impacts to
surrounding land use.
2. The proposed change of zone (or revision to this title) will not adversely affect the
public health, safety, and welfare or result in an illogical land use pattern;
The proposed change of zone allowing a drive-through retail use within shopping centers
is consistent with existing and/or potential development and the surrounding areas within
the Gateway Mixed-use zoning district with compliance to the performance standards set
forth in Development Code section 16.52.090.
3. The proposed change of zone (or revision to this title) is consistent with the
purpose and intent of the title (or the portion of this title it is amending);
The proposed change of zone is consistent with the purpose and intent of the title, as it
provides and ensures compatibility between this title and the General Plan to allow the
drive-through retail use processed by Conditional Use Permit within mixed use areas.
4. The potential environmental impacts of the proposed change of zone (or revision
to this title) are insignificant, or there are overriding considerations that outweigh
the potential impacts;
The potential environmental impacts of the proposed change of zone were identified,
addressed, and reduced to a level of insignificance in the MND.
ORDINANCE NO. 653
PAGE 2
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande
as follows:
SECTION 1. Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. Revised Table and New Footnote. A portion of Subsection D of Table
16.36.030(A) of the Arroyo Grande Municipal Code entitled "Uses Permitted Within
Mixed Use and Commercial Districts" is hereby amended as follows:
vMu
TMU VCD D-2.11
D- HCO HCO OMU' Specific
IMU 2.11 D-2.4 D-2.4 GMU FOMU HMU D-2.20 _ RC' Use Stds-
D. RETAIL TRADE _
NR
Drive-through retail NP CUP NP NP C 3 NP CUP CUP CUP 16 U7o o
3'Drive-through retail only allowed within shopping centers with 3 or more major tenants
SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, or
clause of this Ordinance or any part thereof is for any reason held to be unlawful, such
decision shall not affect the validity of the remaining portion of this Ordinance or any part
thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact
that any one or more section, subsection, subdivision, paragraph, sentence, or clause be
declared unconstitutional.
SECTION 4. Ordinance Summary. A summary of this Ordinance shall be published in a
newspaper and circulated in the City of Arroyo Grande at least five (5) days prior to the
Planning Commission meeting at which the proposed Ordinance is to be adopted. A
certified copy of the full text of the proposed Ordinance shall be posted in the office of
the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary
with the names of those City Council Members voting for and against the Ordinance
shall be published again, and the City Clerk shall post a certified copy of the full text of
such adopted Ordinance.
ORDINANCE NO. 653
PAGE 3
SECTION 5. This Ordinance shall take effect thirty (30) days after its adoption.
On motion of Council Member Ray, seconded by Council Member Guthrie, and on the
following roll call vote to wit:
AYES: Council Members Ray, Guthrie, Brown, and Mayor Ferrara
NOES: None
ABSENT: Council Member Costello
The foregoing Ordinance was adopted this 25th day of June 2013.
ORDINANCE NO. 4,53
PAGE 4
C
TONY FE MAYOR
ATTEST:
or is OWG0 -C.
KELLY ■ 44 RE, CITY CLERK
APPROVED AS TO CONTENT:
STEVE ADAMS, CITY MANAGER
APPROVED AS TO FORM:
A/1/k
TI THY J. EL, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 653 which was
introduced at a regular meeting of the City Council on June 11, 2013; was
passed and adopted at a regular meeting of the City Council on the 25th day of
June 2013; and was duly published in accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th
day of June 2013.
KELLY WET'' ORE, CITY CLERK