O 565
ORDINANCE NO. 565
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING ARROYO GRANDE MUNICIPAL
CODE CHAPTER 16.36 OF TITLE 16 TO INCLUDE PERMITTING
REQUIREMENTS APPLICABLE TO AUTO, VEHICLE PARTS
SALES WITHOUT INSTALLATION SERVICES IN COMMERCIAL
AND MIXED USE DISTRICTS AND ADDING CHAPTER 10.18 TO
TITLE 10 TO PROHIBIT AUTO-RELATED MAINTENANCE AND
REPAIR ACTIVITY IN COMMERCIAL AND PUBLIC PARKING
LOTS (DEVELOPMENT CODE AMENDMENT 05-007)
WHEREAS, the City Council adopted the updated General Plan which became effective
October 9, 2001 and requires a comprehensive review and necessary revisions to the
Development Code and Zoning Map for consistency in accordance with Govemment Code
Section 65860; and
WHEREAS, the City has a responsibility to assure adherence to the General Plan in
meeting the needs and desires of the residents and the community; and
WHEREAS, the Planning Commission of the City of Arroyo Grande considered Development
Code Amendment 05-007 at a duly noticed public hearing on April 5, 2005 in accordance
with the Development Code of the City of Arroyo Grande and recommended approval to the
City Council; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearings, Planning Commission recommendations, staff
reports, and all other information and documents that are part of the public record; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
A. The proposed amendments to Title 16 of the Municipal Code are consistent with the
goals, objectives, policies and programs of the General Plan, including the
Economic and land Use elements, and are necessary and desirable to implement
the provisions of the General Plan.
B. The proposed amendments to Title 16 of the Municipal Code would include permit
requirements for all mixed use and commercial districts and apply specific use
standards to allow AutoNehicle parts sales without installation in the GMU and
FOMU Districts with the following restrictions: ,
.:. the use is subject to a Conditional Use Permit;
+:. the use is not allowed within pedestrian storefront locations, 200 feet of E.
Grand Avenue frontage.
C. The addition of Chapter 10.18 to restrict auto repair and maintenance activities in
commercial and public parking lots in conjunction with the proposed amendments to
Chapter 16.36 specifying permit requirements for AutoNehicle parts sales without
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ORDINANCE NO. 565
PAGE 2
installation services will not adversely affect the public health, safety, and welfare or
result in an illogical land use pattern.
D. The proposed amendments to Title 16 of the Municipal Code are consistent with the
purpose and intent of Title 16, specifically, Sections 16.36.010, 16.36.020(E) and
16.36.020(F) pertaining to the GMU and FOMU districts.
E. The City has conducted environmental review for adoption of an ordinance to add
Chapter 10.18 and amend Chapter 16.36 of the Municipal Code, and has found that
it can be seen with certainty that there is no possibility that the proposed
amendments will have an effect on the environment and therefore this project is
exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section
15061 (b)(3).
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as
follows:
SECTION 1: The above recitals and findings are true and correct.
SECTION 2: Arroyo Grande Municipal Code Table 16.36.030(A), subsection D. Retail Trade,
is hereby amended to include the fOllowing land use category:
Table 16.36.030(A)
D. RETAil TRADE
land Use IMU TMU VCD VMU GMU FOMU HMU OMU RC Specific Use
ID2.201 SUlndard.
Auto, MUP MUP NP NP CUPJ CUPJ MUP NP CUP PEDe use not
Vehicle PED PED allowed within
parll lI'e. 200 feet of E.
without Grand Avenue
Installation frontage
.ervlces
SECTION 3: Arroyo Grande Municipal Code Section 10.18.010 is hereby added to Title 10
as follows:
10.18.010 "No person shall conduct maintenance and/or repairs to any motorized vehicle
while in a commercial or public parking lot, except for those parking areas which are part of
an approved vehicular service station and/or an automotive repair facility. For puposes of
this section, maintenance shall mean the changing of any fluids and/or lubricants of a
motorized vehicle. Repairs shall mean work done to the engine and associated components,
transmission, drive train, brakes, and auto body work."
SECTION 4: 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 anyone or more section,
subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional.
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ORDINANCE NO. 565
PAGE 3
SECTION 4: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
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 Director of Administrative
Services/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 Director of Administrative Services/City Clerk shall post a
certified copy of the full text of such adopted Ordinance.
SECTION 5: This Ordinance shall take effect thirty (30) days after its adoption.
On motion by Council Member Guthrie, seconded by Council Member Costello, and by the
following roll call vote to wit:
AYES: Council Members Guthrie, Costello, Dickens, Amold and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 10th day of May 2005.
ORDINANCE NO. 565
PAGE 4
~uJ
TONY RA,MAYOR
ArrEST:
~~
RE, CITY CLERK
APPROVED AS TO CONTENT:
~~~~MANAGER
APPROVED AS TO FORM:
~ti?~" AIIORNEY
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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. 565 which was
introduced at a regular meeting of the City Council on April 26, 2005; was passed
and adopted at a regular meeting of the City Council of the City of Arroyo Grande
on the 10th day of May 2005; 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 13th
day of May 2005.
KE~~
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