Loading...
CC 2013-11-12_09.a. CUP - Farmers MarketMEMORANDUM TO: CITY COUNCIL FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: ~.t KELLY HEFFERNON, ASSOCIATE PLANNER SUBJECT: CONDITIONAL USE PERMIT NO. 13-003; CONSIDERATION OF FORMALLY APPROVING AND ENTITLING THE FARMER'S MARKET; LOCATION OLOHAN ALLEY; APPLICANT VILLAGE IMPROVEMENT ASSOCIATION (VIA) DATE: NOVEMBER 12, 2013 RECOMMENDATION: The Planning Commission recommends the City Council adopt a Resolution approving Conditional Use Permit No. 13-003. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The cost of adding removable traffic control devices is approximately $3,000. It is proposed the cost be shared equally between the City,· Arroyo Grande Village Improvement Association (VIA) and Harvest Festival Association. The City does not charge fees to use City property to operate the Farmer's Market. The City also does not require a business license for individual vendors; the San Luis Obispo County Farmer's Market has had an umbrella business licens~ for this purpose since 1980. BACKGROUND: The Farmer's Market located in the parking area of. Olohan Alley between Short Street and South Mason Street has been in operation since the 1980's (see Exhibit 81 of the attached Resolution for site map). However, City records indicate that the use never received an entitlement. The purpose of this Conditional Use Permit is to formally approve and entitle the existing Farmer's Market in the Village. Project Description The site area of the Farmer's Market includes the Olohan Alley parking lot from Short Street to South Mason Street and encompasses Centennial Square Park and the Gazebo. Hours of operation are on Saturdays from 12:00 PM to 2:30 PM, with the area blocked from through vehicular traffic and parking from 8:00 AM to 3:00 PM. The market includes farmers/vendors from two separate organizations: the San Luis Obispo County Farmer's Market and the VIA. The farmers are assigned spaces measuring about 12' x 25' for a total of 32 spaces (see Exhibit 82 of the attached Resolution for space assignment map). The arrangement allows for two rows of vendors with their vehicles and a shopping aisle that varies in width from 1 O' to 20'. The VIA designated area Item 9.a. - Page 1 CITY COUNCIL CONDITIONAL USE PERMIT 13-003 NOVEMBER 12, 2013 PAGE 2 OF 3 located at the west end of the parking area next to Short Street has seven (7) stalls for prepared food vendors. The market operates rain or shine. ANALYSIS OF ISSUES: The Staff Advisory Committee (SAC) considered this project on July 24, 2013 and discussed the following issues (see Attachment 1 for meeting minutes): • Adequate -traffic control (possibility of using barricades such as removable, bollards instead of safety cones to prevent vehicular access) • Trash clean-up • Adequate drive isle width for emergency vehicles • Maintain through vehicular traffic on Short Street • Revocation of permit at the City's discretion • Adherence to County health standards The conditions of approval included in the attached Resolution address these issues. The only change from the current Farmer's Market operation is the replacement of barricades with removable bollards. There may be some minor modifications to the placement of vendor stalls based on the condition to maintain a twelve foot. ( 12') wide emergency access. The Planning Commission considered this project on October 15, 2013 and recommended approval to the City Council with no changes to the conditions. ALTERNATIVES: The following alternatives are provided for the Council's consideration: • Adopt the attached Resolution approving the Conditional Use Permit as presented; • Modify and adopt the Resolution approving the Conditional Use Permit; • Direct staff to work with the VIA to relocate the Farmer's Market. There has been a suggestion that an alternative to having the Farmer's Market in Olohan Alley would be to relocate the market to the Le Point Street parking lot in order to relieve the impact to the most convenient par~ing in the Village; but this location would conceal the market from the center of the Village area. Historically, the market has also been temporarily located to Heritage Square Park, further west· in Olohan Alley including Short Street, Bridge Street near Fireman's Park and the Car Corral. These sites were all considered by the City Council on September 28, 2010 and the existing site was selected as the preferred location for the City, . vendors and customers. • Do not adopt the Resolution and direct staff to return with appropriate findings for denial; or • Provide direction to staff. Item 9.a. - Page 2 CITY COUNCIL CONDITIONAL USE PERMIT 13-003 NOVEMBER 12, 2013 PAGE 3 OF 3 ADVANTAGES: Approving the Conditional Use Permit allows the Arroyo Grande Village Improvement Association to continue its Farmer's Market operations in the Village on Saturdays with specific conditions and City controls. There are numerous economic, social and environmental benefits associated with having a Farmer's Market that include the following: • Farn;iers benefit from the sale of produce and name recognition. • Consumers benefit from having a wide variety of locally grown produce choices, one-on-one discussions with the growers about the produce and how to prepare fresh ingredients, and the nutrition and better taste of locally grown fresh produce. • The City benefits from the added vitality to the· Village Area, support of local businesses, and increases in sales tax revenue. • The environment benefits from reduced food miles (and thus less vehicle pollution, noise and fossil fuel use), environmentally sound production practices (e.g. organic or pesticide free) and less packaging. • A condition is included requiring the market to give preference to local vendors per the County's "Buy Local" policy. DISADVANTAGES: Operation of the Farmer's Market reduces the availability of parking in the Village by about 32 spaces on Saturdays from 8:00 AM to 3:00 PM. Although there have been no formal complaints to the City, this could be an inconvenience for some people who must find alternative parking further away from their destination and this may impact some Village businesses. Additionally, some vendors come from the California valley region and their participation may not encourage buy local programs. ENVIRONMENTAL REVIEW: Staff has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, and has determined that the project is exempt pursuant to Section 15305 of the CEQA guidelines. PUBLIC NOTIFICATION AND COMMENT: A notice of public hearing was mailed to all property and business owners located within 300' of the project site and also published in the Tribune on Friday, November 1, 2013. Staff has received one public comment from Ms. April Oury regarding the project. Her concerns include lack of payment to th_e City for leasing the property, lack of business license fees for individual vendors, location of the Farmer's Market, out of area vendors, and lack of on-site management of the VIA area during market hours. Attachment 1. Pre-Staff Advisory Committee (Pre-SAC) Meeting Minutes of July 24, 2013 Item 9.a. - Page 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT NO. 13-003, APPLIED FOR BY THE ARROYO GRANDE VILLAGE IMPROVEMENT . ASSOCIATION, LOCATED IN THE OLOHAN ALLEY PARKING AREA BETWEEN SHORT STREET AND SOUTH MASON STREET WHEREAS, the City Council of_the City of Arroyo Grande has considered Conditional Use Permit No. 13-003, applied for by the Arroyo Grande Village Improvement Association, to formally approve a Farmer's Market located in the Olohan Alley parking area between Short Street and South Mason Street; WHEREAS, the City Council held a public hearing on this application on November 15, 2013 in accordance with City Code and found that the project is consistent with the General Plan and the environmental document associated therewith; and WHEREAS, the City Council has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has determined that the project is categorically exempt pursuant to Section 15304 of the CEQA Guidelines; and WHEREAS, the City Council finds after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: 1. . The proposed use is permitted within the Village Core Downtown (VCD)[D-2.4] zoning district pursuant to Development Code Section16.36.030, and complies with all applicable provisions of the Development Code, the goals and objectives of the · Arroyo Grande General Plan, and the development policies and standards of the City. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located due to the purpose and intent of the Village Core Downtown zoning district. 3. The site (parking lot) is approximately 147,000 square feet is suitable for the once a week farmers market which will utilize approximately 19,200 square feet. 4. The site is fully developed with adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. 5. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity. The proposed use is consistent with the Municipal Code. Item 9.a. - Page 4 RESOLUTION NO. PAGE2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Conditional Use Permit No. 13-003, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion of Council Member the following roll call vote, to wit: AYES: NOES: ABSENT: , seconded by Council Member , and on the foregoing Resolution was passed and adopted this 12th day of November, 2013. Item 9.a. - Page 5 RESOLUTION NO. PAGE3 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 9.a. - Page 6 RESOLUTION NO. PAGE4 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 13-003 ARROYO GRANDE VILLAGE IMPROVEMENT ASSOCIATION OLOHAN ALLEY PARKING AREA COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes a Farmer's Market to be held in the parking area in Olohan Alley between Short Street and South Mason Street as shown on Exhibits "B 1 -82," attached hereto ,and incorporated herein by this reference, on Saturdays between the hours of 12:00 PM and 2:30 PM, with the area closed to through vehicular traffic from 8:00 AM to 3:00 PM. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Conditional Use Permit No. 13-003. 3. Development shall occur in substantial conformance with the staff report presented to the City Council at the meeting of November 12, 2013. 4. To the full extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its agents, officers, and employees from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, this Conditional Use Permit except liability arising out of the proven sole negligence of the City. SPECIAL CONDITIONS 5. This permit can be revoked at any time at the City's discretion. 6. The AGVIA and the San Luis Obispo County Farmer's Market shall each provide a $1,000,000.00 insurance policy naming the City as additional insured. 7. The Farmer's Market shall be consistent with San Luis Obispo County's "Buy Local Policy" whereby preference shall be given to vendors that provide locally farmed produce. All vendors shall clearly indicate at the front of the booth where the produce is grown. _ _J Item 9.a. - Page 7 RESOLUTION NO. PAGES BUILDING DIVISION 8. The applicant shall comply with all County Health Department rules and obtain all proper permits. 9. Vendors preparing and/or cooking food for sale during the Farmer's Market will be subject to periodic inspections. 10. New vendors selling prepared and/or cooked food shall notify the City. New vendors are subject to the conditions of this permit and will need to be informed about the conditions of approval.· FIVE CITIES FIRE AUTHORITY 11. The applicant shall comply with rules related to fire extinguishers for any cooking facilities. 12. The applicant shall submit a revised site plan showing the isle width between the two rows of vendors to be a minimum of 12' for adequate emergency vehicle access. 13. No open flame devices of any type will be allowed inside or under a canopy unless that canopy is labeled "flame resistant" and bears the seal of the California State Fire Marshal's~office. PUBLIC WORKS DEPARTMENT 14. The applicant shall work with the City to provide adequate traffic control, such as removable bollards, at the two access points (Short Street and South Mason Street). 15. Trash within the project area shall be picked up and properly disposed of after each event. Farmers Market management will be responsible to provide trash receptacles for vendors. The trash receptacles are to be removed at the end of each Farmers Market event and the trash is to be disposed of into an authorized dumpster. Produce and other solid waste from vendors are not permitted to be disposed of in the public trash cans. 16. Short Street shall remain open to vehicular traffic during the Farmer's Market hours of operation. 17. Farmers Market management will be responsible to ensure that liquid waste is properly disposed of or hauled off the site and is not poured into the landscape planter areas, drainage swales, parking lots or into storm drains. Item 9.a. - Page 8 A -T"{r-finmd' .~11tnr.111y 1'>:00 -, :'<I 1'Y1Tl .hm~· .Ma.~l:\wiix:i.:ILW1L !.]ll!cil.i..: Jix;a.tiu;i ii. uu ll.fo~ iIJ 'Ill~ \.' L~ r .... u...i $~I.Jut.. hi oo.lhr~ .IL ~-w b.1U EXHIBIT 8-1 Item 9.a. - Page 9 The spaces are the same, however, some farmers have been assigned different locations. Also, the. there are seasonal changes in the number of farmers. EXHIBIT B-2 Mason Street sidewalk sidewalk I 1 blocks driveway. visible from Short Street Galve Dennis could put plams on 2 Langston / lawn and wrap around along the driveway toward Ozie 3 Rydel ~ 20' ' ---I> 4 Cortez ~ Dobler 32 5 Koch Smith 31 6 Martin ~ Chavez 30 71 ~ 1 O' ~ Graef 29 c: ~ (!) (!) -ro .... .... CJ 1ll Boyd 28 a.. - .8 Regier / Nauta 27 9 Velasquez Overley 26 I 10 Antonio Ng 25 11 Heal ~ 12' Sparks 24 ~ 12 Bell Lefort 23 13 Schletewitz Varian 22 14 Rigoni Maddux 21 15 Bot re II Krause 20 I _16 Mina Remick 19 I 17 Domingo Bautista 18 I ! '1~ I ':19$ /, I ~/; l Most of the farmers' o,o'c::. I Ov. . $0 -spaces are 25' x 12' '-.\e.'0 $1)! l e0'--i ~ l ~e-<'0 ?Jo; -o,..& r/0 -e'~ ~-~?>g -1 s H 0 R r s T ,9 E r T c Item 9.a. - Page 10 PRE-SAC MEETING JULY 24, 2013 ATTACHMENT 1 B. Aileen stated that there is only one way in and the substandard. Aileen has learned that the property owner sealed the parking area and are striping for parking spots. Geoff English stated that a requirement for egress/" ress on the property should be made with a properly striped parking a. Signage should also be added to keep the driveway clear. Michael Hubert said access for fire true Matt Downing said that this i a proposal to convert one half of the building to a restaurant. Thi roposal removes the windows and pushes back the entrance for a p o to dine on. It also includes fencing which encroaches into the side lk area. Matt said that beca of the encroachment he has requested a bulb-out. The owner is not i erested in doing one. Steve Adams 1d that consistency is important in working with businesses who wish to ave a dining area that encroaches onto City property. He said that in the past when the fenced area encroaches on the City property the City has worked out either a lease for the City property encroa ed upon or done a right of way exchange. In order for the busi ss to serve alcohol, the property must be unde-r its control. off English stated that his concern for the construction would be rainage. He also said that a bulb-out at that corner would cause traffic stacking in the eastbound lane. Mike Hubert said that as long as Fire has access he is fine with the plan. C. Conditional Use Permit CUP 13-003: Farmer's Market in the Village Kelly Heffernon said that she needed more information on this application. Steve Adams said that this application is just a formality as there is no permit on file for the Farmer's Market. He said that fees are waived in this case. 2 Item 9.a. - Page 11 PRE-SAC MEETING JULY 24, 2013 Geoff English suggested coming up with a simple set of conditions: 1) Barricade for the driveways 2) Booths a certain distance apart to accommodate fire trucks. 3) Clean up the area after the market is over. Geoff suggested that the City purchase water barricades for use in. these types of events .. Another barricade idea would be to install an iron gate that could be closed and locked. Kevin McBride suggested a chain barricade attached to poles in combination with the current barricades that are used. Geoff English said that removable bollards could be installed in the driveway each week. He said these are a more expensive alternative, but they would stop a car. He said he would measure the area and cost it out. He suggested a partnership with special events to help pay for them. Kelly Heffernon said she needs a site plan that shows the distance of the booths, where the barricades go, booth placement and a drive lane for fire trucks. D. Plot Plan Review 13-007· Radio Broadcast Station· ernon Street" Valley View Adventist Church. - Aileen Nygaard said this is an unmanne cal radio broadcast in existence for many years. She only no· it when they erected an 80 foot tower. The conditions Aileen outlin 1) 50 foot tower (maxi ) 2) Located on chur acility building. nglish -Has no issue. Said that they need to-provide an report with structural calculations to ensure structural Kevin McBride -Police -Has no issue. 3 Item 9.a. - Page 12