PC R 13-2194RESOLUTION NO. 13 -2194
' A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE, RECOMMENDING THE
CITY COUNCIL APPROVE 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 Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit No. 13 -003, filed by the Arroyo Grande Village Improvement
Association, to formally establish a Farmer's Market located in the Olohan Alley parking
area between Short,Street and South Mason Street;
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with City Code; and
WHEREAS, the Planning Commission has found that this project is consistent with the
General Plan and the environmental documents associated therewith; and
WHEREAS, the Planning Commission 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 Planning Commission 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 Section1l &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.
The proposed use will not,impair the integrity and characterof the district_ in which it
is to be established or located due to the purpose and intent of the Village Core
Downtown zoning district.
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.
RESOLUTION NO. 13 -2194
CONDITIONAL USE PERMIT NO. 13 -003
OCTOBER 15, 2013
PAGE 2 '
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby recommends that the City Council approve 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 by Commissioner Sperow, seconded by Commissioner Barneich, and by the
following roll call Vote, to wit:
AYES:
Sperow, Barneich, Keen, Martin
NOES:
None
ABSENT:
None
the foregoing Resolution was adopted this 15th day of'October, 2013.
ATTEST:
DEBBIE WEICHIN 3ER V KRISTEN BARNEICH; VICE CHAIR
SECRETARY TO THE COMMISSION
AS TO CONTENT:
L�
TE ;ECTOR A.MC LISH
DI OF COMMUNITY DEVELOPMENT
RESOLUTION NO: 13 -2194
CONDITIONAL USE PERMIT NO. 13 -003
OCTOBER 15, 2013
' .PAGE 3
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 "131 — 132," 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 information within the
staff report presented to the Planning Commission at the meeting of October 15,
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, area consequence of, or are in any way�adributable to, in whole or in part, this
Conditional Use Permit except liability arising out of the ,proven sole negligence of
the City.
5. This permit can be revoked at any time at the City's discretion
BUILDING & FIRE DEPARTMENT
6. The applicant shall comply with rules related to fire extinguishers for any cooking
' facilities.
7. The applicant shall comply with all County Health Department rules and obtain all
proper permits.
RESOLUTION NO. 13 -2194
CONDITIONAL USE PERMIT NO. 13 -003
OCTOBER 15, 2013
PAGE 4 '
8. Vendors preparing and /or cooking food for sale during the Farmer's Market will be
subject to periodic inspections.
9. 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 conditiohs�of approval.
10. The applicant shall submit a revised site plan showing the isle width between the
two rows of vendors to be ia minimum of 12' for adequate emergency vehicle
access.
11. 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
12. 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).
13. Trash within the projectarea. 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.
14. Short Street shall remain open to vehicular traffic during the Farmer's Market hours
of operation.,
15. 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.