R 4564 RESOLUTION NO. 4564
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 Farmers' 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 January 28, 2014
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 Public Facility (PF) and Village Core
Downtown (VCD)[D-2.4] zoning district pursuant to Development Code Sections
16.44.040 and 16.36.030, 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 Development Code
conditionally allows Farmers' Markets in the PF and VCD zoning districts. The use
also implements the City's Agriculture and Conservation/Open Space Element
Policy 4-1.1, which states that the City shall °continue support of the Farmers'
Market in Arroyo Grande on a regular basis in one or more appropriate locations."
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 Public Facility
and Village Core Downtown zoning districts. The proposed use will not impair
either the integrity or character of the PF or VCD zoning districts because the use
adds vitality to the Village area, which supports local businesses in the vicinity.
3. The site is suitable for the type and intensity of use or development that is
proposed. 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. There are adequate provisions for water, sanitation, and public utilities and services
to ensure public health and safety. The site is fully developed with adequate
provisions for water, sanitation, and public utilities and services to ensure the public
health and safety.
RESOLUTION NO. 4564
PAGE 2
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 will comply with all applicable Municipal Code standards and therefore will not
be detrimental to the public health, safety or welfare. Nor will the proposed use be
materially injurious to properties and improvements in the vicinity. The Farmers'
Market is operated outside in an improved parking area and will not impact existing
structures.
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 Guthrie, seconded by Council Member
Bameich, and on the following roll call vote, to wit:
AYES: Council Members Guthrie, Bameich, Costello, Brown, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 28th day of January, 2014.
RESOLUTION NO. f567
PAGE 3
TONY FER MAYOR
ATTEST:
/A a L 1 1 I
KELLY ETM/RE, CI CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMO ` J. CART , CITY ATTORNEY
RESOLUTION NO. 4564
PAGE 4
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 Farmers' Market to be held in the parking area in Olohan Alley
between Short Street and South Mason Street as shown on Exhibits "B1 — B2," 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 January 28, 2014.
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 San Luis County Farmers' Market Association shall operate the certified
farmers' market section. Any change in the operator of this section shall require
prior City approval.
7. The AGVIA and the San Luis Obispo County Farmers' Market Association shall
each provide a $1,000,000.00 commercial general liability insurance policy naming
the City as additional insured.
8. Individual vendors at the Farmers' Market shall obtain a business license from the
City.
RESOLUTION NO. 4564
PAGE 5
9. Non-farmer vendors and their products shall be restricted to those from San Luis
Obispo and Santa Barbara Counties.
10. In the event that all non-farmer vendor spaces cannot be filled by local vendors that
sell locally made products, the spaces will be open to local vendors that sell other
products. Local is defined as those from within San Luis Obispo or Santa Barbara
counties.
11. When filling a vacancy in the certified farmers' portion of the market for a specified
type of produce, farmers from San Luis Obispo and Santa Barbara Counties will
have priority over those from other areas as long as they are able to meet the San
Luis Obispo County Farmers' Market Association requirements for volume, quality,
variety and participation.
12. Each farmer shall identify which County their products are grown in.
BUILDING DIVISION
13. The applicant shall comply with all County Health Department rules and obtain all
proper permits.
14. Vendors preparing and/or cooking food for sale during the Farmers' Market will be
subject to periodic inspections.
15. 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
16. The applicant shall comply with rules related to fire extinguishers for any cooking
facilities.
17. 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.
18. 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
19. 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).
RESOLUTION NO. 4564
PAGE 6
20. 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.
21. Short Street shall remain open to vehicular traffic during the Farmers' Market hours
of operation.
22. 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.
,
EXHIBIT B-1
Arroyo Grande Saturday 12:00-2:30 pm
Farmers' Market Association specific location is outlined in blue
VIA food section is outlined in gold
2013
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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
M a s o n S t r e e t
sidewalk - sidewalk
1 blocks driveway.visrble from Short Street Galve Dennis could put plants on
/ lawn and wrap around along
2 Langston / the driveway
/" toward Ozie
3 Rydel a _ 20 'ta.
4 Cortez Dobler • 32
5 Koch Smith 31
6 Martin Chavez 30
• c a)
c 10' a Graef 29 •
a)
w
7 a a _ Boyd 28
• •8 Regier / Nauta 27
9 Velasquez Overtey 26
10 Antonio Ng 25
11 Heal 12' p Sparks 24
12 Bell Lefort 23
13 Schletewitz Varian 22
14 Rigoni Maddux 21
15 Botrell Krause 20
• 16 • Mina Remick 19
17 Domingo Bautista ' 18
"4, . •
I Pe,
Ar Most of the farmers'
a�e�e spaces are 25'x 12' Nle ° .
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S H O R T S i A E B r
•
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
Resolution No. 4564 is a true, full, and correct copy of said Resolution passed and
adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the
28m day of January, 2014.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th day of
January 2014.
allibetaa--_
Wd+/-*KELLY E, CITY CLERK
I