CC 2013-06-25_08.k. Adopt Ordinance DCA Allowing Drive Through RetailMEMORANDUM
TO: CITY COUNCIL ~v
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: AILEEN NYGAARD, ASSISTANT PLANNER
SUBJECT: CONSIDERATION OF ADOPTION OF ORDINANCE APPROVING
DEVELOPMENT CODE AMENDMENT 13-001; LOCATION
GATEWAY MIXED-USE ZONING DISTRICT AND 1205 EAST GRAND
AVENUE (ARROYO GRANDE SHOPPING CENTER); APPLICANT -
GRAND AND ELM PROPERTIES, LP
DATE: JUNE 25, 2013
RECOMMENDATION:
It is recommended that the City Council adopt the Ordinance approving Development
Code Amendment 13-001 allowing drive-through retail within shopping centers with
three (3) or more major tenants in the Gateway Mixed-Use zoning district.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
It is anticipated that the code amendment would generate additional sales tax revenue
to the City.
BACKGROUND:
The City Council introduced an ordinance to allow drive-through retail uses in shopping
centers with three (3) or more major tenants in the Gateway Mixed Use District and
approved Conditional Use Permit 12-012 and Planned Sign Program 13-001 for the
Arroyo Grande Shopping Center Project on June 11, 201.3.
ANALYSIS OF ISSUES:
The Development Code currently allows drive-through retail by Conditional Use Permit
only within the TMU, HMU, OMU and RC zoning districts
Specifically, the Development Code amendment would allow drive-through restaurants
in the GMU zoning district as an accessory use within shopping centers with 3 or more
major tenants. This approach would provide flexibility while ensuring that the GMU
zoning district does not become dominated by free-standing drive-through restaurants.
There are two additional locations identified within the GMU zoning district which could
potentially develop shopping centers large enough to include drive-through restaurants.
Item 8.k. - Page 1
CITY COUNCIL
DEVELOPMENT CODE AMENDMENT 13-001
JUNE 25, 2013
PAGE2
Proposed Text Amendment:
The Development Code amendment will include a revision to the use table to allow
drive-through retail by conditional use permit and include footnote text to limit location to
shopping centers with 3 or more major tenants.
16.36.030 -Commercial and mixed use regulations.
A. (Use Table revision)
! i Allowed Land IMU TMU VCD VMU GMU :FOMU HMU OMU1 . RC2 Specific
1
Uses and D-HCO D-D-2.20 I Use
.Permit ' 2.11 D-2.11 : Standards
! Requirements-2.4 HCO and other
1LAND USE D-references
I 2.4
I
I
j Driv~-through NP CUP NP CUP NP NP CUP CUP CUP
!services
j Automotive and MUP MUP NP NP NP NP MUP NP NP 16.52.210 I veh_icle services
-minor I maintenance or
j r~pair in?luding
. tire services
I
I
' . NP CUP NP NP NP NP CUP CUP CUP 16.52.090 I Drive-through
i retail LU7-4
CUP(3)
I
3. Drive-through retail only allowed within shopping centers with 3
or more major tenants.
ALTERNATIVES:
The following alternatives are provided for the City Council's consideration:
• Adopt the Ordinance for Development Code Amendment 13-001; and
• Modify and schedule a public hearing to reintroduce the Ordinance for
Development Code Amendment 13-001 ;
• Do not adopt the Ordinance;
• Provide direction to staff.
Item 8.k. - Page 2
CITY COUNCIL
DEVELOPMENT CODE AMENDMENT 13-001
JUNE 25, 2013
PAGE3
ADVANTAGES:
The proposed project will provide better opportunities for development and
redevelopment in the Gateway Mixed Use district by allowing drive-through retail uses
which are attractive tenants to developers and operators of shopping centers. However,
the Development Code Amendment limits drive through uses to shopping centers with
three or more major tenants to allow internal design of drive isles and queuing lanes
and so that pedestrian amenities in the corridor are not significantly impacted.
DISADVANTAGES:
The addition of a drive-through restaurant on East Grand Avenue may detract from the
City's ongoing effort to create a pedestrian friendly downtown.
ENVIRONMENTAL REVIEW:
Staff has reviewed the proposed project in accordance with the California
Environmental Quality Act (CEQA) Guidelines and the City Council approved a
Mitigated Negative Declaration on June 11, 2013.
PUBLIC NOTIFICATION AND COMMENT:
A summary of the ordinance was published in the Tribune on Sunday, June 16, 2013.
The Agenda was posted in front of City Hall on Thursday, June 20, 2013. The Agenda
and report were posted on the City's website on Friday, June 21, 2013. No public
comments were received.
Item 8.k. - Page 3
ORDINANCE NO.
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
su"ounding 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 su"ounding 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.
Item 8.k. - Page 4
ORDINANCE NO.
PAGE2
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 1 Specific
IMU 2.11 D-2.4 D-2.4 GMU FOMU HMU D-2.20 RC 2 Use Stds
D. RETAIL TRADE
Drive-through retail NP CUP NP NP NP NP CUP CUP CUP 16.52.090
CUP 3 LU7-4
3· Drive-through retail only allowed within shopping centers with 3 or more major tenants
SECTION 3. Severabilitv. 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.
Item 8.k. - Page 5
ORDINANCE NO.
PAGE3
SECTION 5. This Ordinance shall take effect thirty (30) days after its adoption.
On motion of Council Member
following roll call vote to wit:
AYES:
NOES:
ABSENT:
, seconded by Council Member
The foregoing Ordinance was adopted this _ day of June, 2013.
, and on the
Item 8.k. - Page 6
ORDINANCE NO.
PAGE4
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM: .
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.k. - Page 7
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