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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.