MEMORANDUM. TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR

Transcription

1 MEMORANDUM TO: CTY COUNCL ~v FROM: BY: SUBJECT: TERESA McCLSH, COMMUNTY DEVELOPMENT DRECTOR ALEEN NYGAARD, ASSSTANT PLANNER CONSDERATON OF ADOPTON OF ORDNANCE APPROVNG DEVELOPMENT CODE AMENDMENT ; LOCATON GATEWAY MXED-USE ZONNG DSTRCT AND 1205 EAST GRAND AVENUE (ARROYO GRANDE SHOPPNG CENTER); APPLCANT - GRAND AND ELM PROPERTES, LP DATE: JUNE 25, 2013 RECOMMENDATON: t is recommended that the City Council adopt the Ordinance approving Development Code Amendment allowing drive-through retail within shopping centers with three (3) or more major tenants in the Gateway Mixed-Use zoning district. MPACT ON FNANCAL AND PERSONNEL RESOURCES: t 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 and Planned Sign Program for the Arroyo Grande Shopping Center Project on June 11, ANALYSS OF SSUES: 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. tem 8.k. - Page 1

2 CTY COUNCL DEVELOPMENT CODE AMENDMENT 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 Commercial and mixed use regulations. A. (Use Table revision)! i Allowed Land MU TMU VCD VMU GMU :FOMU HMU OMU1. RC2 Specific Uses and D- HCO D- D-2.20 Use 1 '.Permit 2.11 D : Standards! Requirements- 2.4 HCO and other LAND USE D- references j Driv~-through NP CUP NP CUP NP NP CUP CUP CUP!services veh_icle services -minor maintenance or j r~pair in?luding. tire services j Automotive and MUP MUP NP NP NP NP MUP NP NP '. Drive-through NP CUP NP NP NP NP CUP CUP CUP i retail LU7-4 CUP(3) 3. Drive-through retail only allowed within shopping centers with 3 or more major tenants. ALTERNATVES: The following alternatives are provided for the City Council's consideration: Adopt the Ordinance for Development Code Amendment ; and Modify and schedule a public hearing to reintroduce the Ordinance for Development Code Amendment ; Do not adopt the Ordinance; Provide direction to staff. tem 8.k. - Page 2

3 CTY COUNCL DEVELOPMENT CODE AMENDMENT 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. DSADVANTAGES: 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. ENVRONMENTAL REVEW: 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, PUBLC NOTFCATON AND COMMENT: A summary of the ordinance was published in the Tribune on Sunday, June 16, The Agenda was posted in front of City Hall on Thursday, June 20, The Agenda and report were posted on the City's website on Friday, June 21, No public comments were received. tem 8.k. - Page 3

4 ORDNANCE NO. AN ORDNANCE OF THE CTY COUNCL OF THE CTY OF ARROYO GRANDE AMENDNG TABLE (A) N SECTON OF TTLE 16 OF THE ARROYO GRANDE MUNCPAL 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 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. tem 8.k. - Page 4

5 ORDNANCE NO. PAGE2 NOW, THEREFORE BE T ORDANED by the City Council of the City of Arroyo Grande as follows: SECTON 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. SECTON 2. Revised Table and New Footnote. A portion of Subsection D of Table (A) of the Arroyo Grande Municipal Code entitled "Uses Permitted Within Mixed Use and Commercial Districts" is hereby amended as follows: D. RETAL TRADE VMU TMU VCD D-2.11 D- HCO HCO OMU 1 Specific MU 2.11 D-2.4 D-2.4 GMU FOMU HMU D-2.20 RC 2 Use Stds Drive-through retail NP CUP NP NP NP CUP 3 NP CUP CUP CUP LU7-4 3 Drive-through retail only allowed within shopping centers with 3 or more major tenants SECTON 3. Severabilitv. f 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. SECTON 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. tem 8.k. - Page 5

6 ORDNANCE NO. PAGE3 SECTON 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, and on the The foregoing Ordinance was adopted this _ day of June, tem 8.k. - Page 6

7 ORDNANCE NO. PAGE4 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CTY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CTY MANAGER APPROVED AS TO FORM:. TMOTHY J. CARMEL, CTY ATTORNEY tem 8.k. - Page 7

8 THS PAGE NTENTONALLY LEFT BLANK tem 8.k. - Page 8