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R 3816 RESOLUTION NO. 3816 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING APPEAL 05-002 AND UPHOLDING THE PLANNING COMMISSION'S INTERPRETATION THAT AUTO PARTS SALES WITHOUT INSTALLATION SERVICES IS NOT AN ALLOWED USE IN THE GATEWAY MIXED-USE (GMU) ZONING DISTRICT WHERAS, Section 16.36.030 of the City's Development Code prohibits auto parts sales with installation services as a land use in the Gateway Mixed-Use (GMU) zoning district; and WHERAS. Section 16.36.030 of the City's Development Code does not address auto parts sales without installation services as a land use in the Gateway Mixed-Use (GMU) zoning district; and WHERAS. Community Development staff requested the Planning Commission clarify Section 16.36.030 regarding auto parts sales without installation services as a land use in the Gateway Mixed-Use (GMU) zoning district; and WHEREAS, the Planning Commission of the City of Arroyo Grande provided an interpretation of the Development Code that auto parts sales without installation services is not an allowed use in the Gateway Mixed-Use (GMU) zoning district; and WHEREAS. the applicant has filed an appeal of the Planning Commission's interpretation regarding auto parts sales without installation services in the Gateway Mixed-Use (GMU) zoning district; and WHEREAS, the City Council of the City of Arroyo Grande has considered this appeal at a hearing on February 22, 2005 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS. the City Council finds, after due study and deliberation, that the following circumstances exist: 1. I ::Ind II!;A FIAmAnt OhjAr:tivA I 115-7: Plan for a revitalized East Grand Avenue Mixed-Use corridor that has less of a strip- commercial aspect and more coordinated. mixed-use boulevard ambiance with distinct activity subareas including "Gateway, Midway and Highway" districts. As stated above, the East Grand Avenue corridor is to include three distinct activity subareas. Restricting the allowed uses in each district is necessary to promote separate, distinct activity subareas, ~. ---- RESOLUTION NO. 3816 PAGE 2 each of which will develop a unique quality and character based on the types of uses allowed in that district. 2. I ;mrlLJse Flement OQ,jective IlJ5-10 1: Promote development of a high intensity, mixed-use, pedestrian activity node centered on the Courtland Street/East Grand Avenue intersection as a priority example of revitalization of this corridor segment known as Gateway. As stated above, the Gateway segment of East Grand Avenue is intended to become a priority pedestrian activity node. Allowing any auto-serving uses in the Gateway segment would diminish the emphasis on pedestrian activity and undermine the establishment of a pedestrian activity node. 3. nevelopment Corle Section 1636 O?O', The primary purpose of the GMU district is to provide for the combination of financial institutions, retail, office and commercial uses and multi-family residences with retail and other pedestrian-oriented uses on the ground floors of structures fronting East Grand Avenue, and residential units or offices allowed on upper floors. As stated above, the primary purpose of the GMU district is to provide for a combination of uses that are pedestrian-oriented. By their very nature, retail auto parts sales (with or without instal/ation services) are automobile-oriented and therefore their aI/owed use would be inconsistent with the stated purpose of the GMU district. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City Of Arroyo Grande hereby denies the appeal and upholds the Planning Commission's interpretation that auto parts sales without installation services is not an allowed use in the Gateway Mixed-Use (GMU) zoning district. On motion by Council Member Costello, seconded by Council Member Guthrie, and by the following roll call vote, to wit: AYES: Council Members Costello, Guthrie, Dickens, Arnold, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was adopted this 22nd day of February 2005. - RESOLUTION NO. 38/~ PE'\Q,E :3 TO~~~ APPROVED AS TO CONTENT: ~l1:2s, CITY MANAGER APPROVED AS TO FORM: ~.g TIM THY J. EL, CITY ATTORNEY --- ----,-~ ---- RESOLUTION NO. 3816 I I I I OFFICIAL CERTIFICATION I I I 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 Resolution No. 3816 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 22nd day of February 2005. . WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24th day of February 2005.