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CC 2014-09-23_09.a. Ord and Reso Amended CUP Farmers MarketMEMORANDUM TO: CITY COUNCIL FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: ij.ff. KELLY HEFFERNON, ASSOCIATE PLANNER SUBJECT: ORDINANCE AMENDING MUNICIPAL CODE SECTION 9.04.020; AMENDED CONDITIONAL USE PERMIT NO. 14-001 AND AMENDED CONDITIONAL USE PERMIT NO. 14-002; LOCATIONS -1400-1488 EAST GRAND AVENUE (PARKING LOT IN FRONT OF SMART & FINAL) AND OLOHAN ALLEY; APPLICANTS -SAN LUIS OBISPO COUNTY FARMERS' MARKET ASSOCIATION AND -THE VILLAGE IMPROVEMENT ASSOCIATION DATE: SEPTEMBER 23, 2014 RECOMMENDATION: The Planning Commission recommends the City Council: 1) introduce an Ordinance to amend Municipal Code Section 9.04.020 regarding alcoholic beverages; and 2) adopt a· Resolution approving Amended Conditional Use Permit No. 14-001 and Amended Conditional Use Permit No. 14-002 to allow wine tasting at local Farmers' Markets. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No financial impact is projected. BACKGROUND: The San Luis Obispo County Farmer's Market Association currently operates a Wednesday morning Farmer's Market in the parking lot in front of Smart & Final on East Grand Avenue and a Saturday afternoon Farmers' Market in the parking area of Olohan Alley in partnership with the Village Improvement Association. The Wednesday Farmers' Market was approved on October 3, 2006 (CUP 06-007). The Saturday Farmer's Market located in Olohan Alley has been in operation since the 1980's and was formally approved on January 28, 2014 (CUP No. 13-003). - The Planning Commission adopted Resolution No. 14-2213 on August 19, 2014 recommending the City Council adopt an Ordinance amending Munibipal Code Section 9.04.020 regarding alcoholic beverages and approve Amended Conditional Use Permit No. 14-001 and Amended Conditional Use Permit No. 14-002 to allow wine tasting at local Farmers' Markets, with an added condition that there shall not be any charge for tasting (see Attachment 1 for Planning Commission Meeting Minutes). Item 9.a. - Page 1 CITY COUNCIL ORDINANCE AMENDING MUNICIPAL CODE SECTION 9.04.020; -AMENDED CONDITIONAL USE PERMIT NO. 14-001; AMENDED CONDITIONAL USE PERMIT N0:'14-002; LOCATIONS -1400-1488 EAST GRAND AVENUE AND OLOHAN ALLEY; APPLICANTS -SAN LUIS OBISPO COUNTY FARMERS' MARKET ASSOCIATION A~D THE VILLAGE IMPROVEMENT ASSOCIATION SEPTEMBER 23, 2014 PAGE 2 OF 5 Project Description The applicant has submitted two Conditional Use Permit Amendments to allow limited wine tasting at the two Farmers' Markets in accordance with State law (see Exhibits 'B' and 'C' of the Resolution for delineated wine tasting areas). There are no other proposed amendments to the operation of the Farmers' Markets. The Wednesday Farmers' Market allows up to forty (40) growers utilizing an area measuring approximately 80' x 240'. This arrangement allows for two rows of sellers with their vehicles and a single shopping aisle. The hours of operation are between 8:30 am and 11 :00 am. The Saturday Farmers' Market utilizes the Olohan Alley parking lot from Short Street to South Mason Street and encompasses Centennial Square Park and the Gazebo. Hours of operation are 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 farmers are assigned spaces measuring about 12' x 25' for a total of 32 spaces. Both markets operate rain or shine. In order for the City to allow wine tasting during the Saturday Farmers' Market, Municipal Code Section 9.04.020 must be amended to add Olohan Alley to the list of City-owned properties where alcohol consumption is allowed. ANALYSIS OF ISSUES: Governor Brown signed Assembly Bill 2488 in July 2014 authorizing the operators of certified Farmers' Markets to allow a licensed winegrower to conduct instructional tastings of wine subject to specified conditions. Only one licensed winegrower may offer tastings at a given Farmers' Market. Specifically, the bill provides the following: 1. A licensed winegrower, a member of the licensee's family, or an employee of the licensee may conduct an instructional wine tasting for consumers at a certified Farmers' Market, subject to the authorization and managerial control of the operator of the certified Farmers' Market. 2. At all times during an instructional tasting event, the instructional tasting event area shall be separated from the remainder of the market by a wall, rope, cable, cord, chain, fence, or other permanent or temporary barrier. Only one licensee may conduct an instructional tasting event during the operational hours of any one certified Farmers' Market. 3. The licensee shall' not permit any consumer to leave the instructional tasting area with an open container of wine. 4. The licensee shall not pour more than three ounces (3 oz.) of wine per person per day. Item 9.a. - Page 2 CITY COUNCIL ORDINANCE AMENDING MUNICIPAL CODE SECTION 9.04.020; AMENDED CONDITIONAL USE PERMIT NO. 14-001; AMENDED CONDITIONAL USE PERMIT NO. 14-002; LOCATIONS -1400-1488 EAST GRAND AVENUE AND OLOHAN ALLEY; APPLICANTS -SAN LUIS OBISPO COUNTY FARMERS' MARKET ASSOCIATION AND THE VILLAGE IMPROVEMENT ASSOCIATION SEPTEMBER 23, 2014 PAGE 3 OF 5 5. No premium, gift, free goods, or other thing of value shall be given away by an authorized licensee or its designated representative in connection with an instructional tasting event. These conditions are included in the attached Resolution approving the Conditional Use Permit amendments. Consistent with Assembly Bill 2488, Municipal Code ·section 9.04.020 would be amended as follows to include the underlined wording: 9.04.020 Alcoholic beverages. A. Definitions. For the purposes of this section, unless otherwise apparent from the context, certain words and phrases used in this section are defined as follows: "Alley" means every way set apart for public travel, except streets, bridle paths, and footpaths. "City building" means the Arroyo Grande Community Center and Woman's Club building, the City Hall, the City Hall Annex, the Council Chambers building, the Parks and Recreation Office building, Municipal Corporation Yard buildings and their respective sites. "Parking lot" means that area open to the use of the public for the-purposes of vehicular parking. "Parks and recreation facility" means all city-owned parks and recreational facilities. "Sidewalk" means that portion of a street between the curb lines and the adjacent property lines set aside for pedestrian travel. "Street" or "highway" means a way or place, of whatever nature, publicly maintained and open to the use of the public for the purposes of vehicular traffic. B. Alcoholic Beverage Service and Consumption Prohibited in Certain Areas. It is unlawful for any person to serve or consume any alcoholic beverage, as defined in Section 23004 of the Business and Professions Code of the state, upon any street, highway, alley, sidewalk, parking lot, city building, park, or recreational facility within the city. T_his section shall not be deemed to make punishable any act or acts which are prohibited by any law of the state. Service and consumption Item 9.a. - Page 3 CITY COUNCIL ORDINANCE AMENDING MUNICIPAL CODE SECTION 9.04.020; AMENDED CONDITIONAL USE PERMIT NO. 14-001; AMENDED CONDITIONAL USE PERMIT NO. 14-002; LOCATIONS -1400-1488 EAST GRAND AVENUE AND OLOHAN ALLEY; APPLICANTS -SAN LUIS OBISPO COUNTY FARMERS' MARKET ASSOCIATION AND THE VILLAGE IMPROVEMENT ASSOCIATION ,. SEPTEMBER 23, 2014 PAGE 4 OF 5 of alcohol may be permitted at the City of Arroyo Grande Woman's Club and Community Center, South County Historical Society Museum, and Santa Manuela School sites upon issuance of a public safety and welfare permit by the chief of police. Additionally, service and consumption of alcohol may be permitted at Heritage Square, Park and in Olohan Alley during times as specified by city council resolution and subject to issuance of a public safety and welfare permit by the chief of police. C. No person shall have in his or her possession, in any public place, any open bottle, can or other receptacle containing any alcoholic beverage with the intent to consume any of the contents thereof in any public place not licensed for the consumption of alcoholic beverages in or on said place. The Conditional Use Permit Amendments would not take effect until the effective date of the Ordinance amending Section 9.04.020 of the Arroyo Grande Municipal Code. ALTERNATIVES: The following alternatives are provided for Council's consideration: • Introduce an Ordinance and adopt a Resolution to approve the Conditional Use Permit amendments as presented; • Modify and introduce an Ordinance and/or modify and adopt a Resolution to approve the Conditional Use Permit amendments; • Do not introduce an Ordinance or adopt a Resolution and direct staff to return with appropriate findings for denial; • Provide direction to staff. ADVANTAGES: Approving the amendments would allow local winemakers to provide tasting samples which could help with their overall sales. It will also help the overall success of the Farmers' Markets, which support the City's goals and General Plan policies supporting local agriculture. DISADVANTAGES: It may prove difficult to monitor the tastings in accordance with the conditions set forth in Assembly Bill 2488. Item 9.a. - Page 4 CITY COUNCIL ORDINANCE AMENDING MUNICIPAL CODE SECTION 9.04.020; AMENDED CONDITIONAL USE PERMIT NO. 14-001; AMENDED CONDITIONAL USE.PERMIT NO. 14-002; LOCATIONS -1400-1488 EAST GRAND AVENUE AND OLOHAN ALLEY; APPLICANTS -SAN LUIS OBISPO COUNTY FARMERS' MARKET ASSOCIATION AND THE VILLAGE IMPROVEMENT ASSOCIATION SEPTEMBER 23, 2014 PAGE 5 OF 5 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 15301 of the CEQA guidelines for projects that consist of operation of existing public or private facilities involving negligible expansion of use. PUBLIC NOTIFICATION AND COMMENT: A notice of public hearing was mailed to all property owners within 300' of the two Farmers' Market sites and also published in The Tribune on Friday, September 12, 2014. Staff has not received any public comment regarding the project. Attachments: 1. August 19, 2014 Planning Commission Meeting Minutes Item 9.a. - Page 5 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 9 SECTION 9.04.020 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING WINE TASTING AT CERTIFIED FARMERS' MARKETS WHEREAS, the City of Arroyo Grande ("City") currently does not allow wine tasting at local farmers' markets; and WH~REAS, Assembly Bill 2488 was signed into law to allow wine tasting at certified farmers' markets subject to certain terms and conditions; and WHEREAS, after consideration of all testimony and all relevant evidence, the City Council has determined that the following Development Code Amendment findings can be made in an affirmative manner: A. The proposed revisions to Title 9, Section 9.04.020 are required to ensure consistency with the objectives, policies and implementation measures of the General Plan, and is therefore desirable to implement the provisions of the General Plan. B. The proposed revisions to Title 9, Section 9.04.020 will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. C. The proposed revisions are consistent with the purpose and intent of Title 9 and satisfy the intent of Chapter 16.08 of the Municipal Code and provide for internal consistency. D. The proposed revisions to Title 9 are exempt per Section 15301 of the California Environmental Quality Act (CEQA) Guidelines. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SECTION 1: The above recitals and findings are true and correct and incorporated herein by this reference. SECTION 2: Arroyo Grande Municipal Code Section 9.04.020 is hereby amended as follows: Item 9.a. - Page 6 9.04.020 ALCOHOLIC BEVERAGES A. Definitions. For the purposes of this section, unless otherwise apparent from the context, certain words and phrases used in this section are defined as follows: "Alley" means every way set apart for public travel, except streets, bridle paths, and footpaths. "City building" means the Arroyo Grande Community Center and Women's Club bu.ilding, the City Hall, the City Hall Annex, the Council Chambers building, the Parks and Recreation Office building, Municipal Corporation Yard buildings and their respective sites. ''Parking lot" means that area open to the use of the public for the purposes of vehicular parking. "Parks and recreation facility" means all city-owned parks and recreational facilities. "Sidewalk" means that portion of a street between the curb lines and the adjacent property lines set aside for pedestrian travel. "Street" or "highway" means a way or place, of whatever nature, publicly maintained and open to the use of the public for the purposes of vehicular traffic. B. Alcoholic Beverage Service and Consumption Prohibited in Certain Areas. It is_ unlawful for any person to serve or consume any alcoholic beverage, as defined in Section 23004 of the Business and Professions Code of the state, upon any street, highway, alley, sidewalk, parking lot, city building, park, or recreational facility within the city. This section shall not be deemed to make punishable any act or acts which are prohibited by any law of the state. Service and consumption of alcohol may be permitt~d at the City of Arroyo Grande Woman's Club and Community Center, South County Historical Society Museum, and Santa Manuela School sites upon issuance of a public safety and welfare permit by the chief of police. Additionally, service and consumption of alcohol may be permitted at Heritage Square Park and in Olohan Alley during times as specified by city council resolution and subject to issuance of a public safety and welfare permit by the chief of police. C. No person shall have in his or her possession, in any public place, any open bottle, can or other receptacle containing any alcoholic beverage with the intent to consume any of the contents thereof in any public place not licensed for the consumption of alcoholic beverages in or on said place. Item 9.a. - Page 7 SECTION 3: If 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. SECTION 4: Upon adoption of this Ordinance, the City Clerk shall file a Notice of Exemption pursuant to 14 CCR§ 15062. SECTION 5: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council 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. SECTION 6: This Ordinance shall take effect thirty (30) days from the date of adoption. On motion of Council Member following roll call vote to wit: AYES: _NOES: ABSENT: , seconded by Council Member The foregoing Ordinance was adopted this __ day of ____ 2014. -- , and on the Item 9.a. - Page 8 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 9 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AMENDED CONDITIONAL USE PERMIT NO. 14-001 AND AMENDED CONDITIONAL USE PERMINT NO. 14-002, APPLIED FOR BY THE SAN-LUIS OBISPO COUNTY FARMERS' MARKET ASSOCIATION AND THE ARROYO GRANDE VILLAGE IMPROVEMENT ASSOCIATION FOR PROPERTIES LOCATED AT 1400-1488 EAST GRAND AVENUE (PARKING LOT IN FRONT OF SMART & FINAL) AND IN THE OLOHAN ALLEY PARKING AREA BETWEEN SHORT STREET AND SOUTH MASON STREET WHEREAS, the Planning Commission adopted Resolution No. 14-2213 on August 19, 2014 recommending the City Council adopt an Ordinance to amend Municipal Code Section 9.04.020 regarding alcoholic beverages, and approve Amended Conditional Use Permit No. 14-001 and Amended Conditional Use Permit No. 14-002 to allow wine tasting at local Farmers' Markets; and WHEREAS, the City Council of the City of Arroyo Grande has considered Amended Conditional Use Permit No. 14-001 and Amended Conditional Use Permit No. 14-002, filed by the San Luis Obispo County Farmers' Market Association and the Arroyo Grande Village Improvement Association, to allow the sale of bottled wine and limited wine tasting at farmers' markets within the City in accordance with the terms and conditions specified in Assembly Bill 2488; and WHEREAS, the City Council has held a public hearing on these applications in accordance with City Code; and WHEREAS, the City Council has found that the proposed amendments are consistent with the General Plan and the environmental documents 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 15301 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 Gateway Mixed Use (GMU) and Village Core Downtown (VCD)[D-2.4] zoning districts 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 with implementation of the terms and conditions of Assembly Bill 2488. Item 9.a. - Page 10 RESOLUTION NO. PAGE2 3. The two sites (parking lots) include sufficient area that is suitable for the once a week farmers' markets. Delineated areas for the bottled wine sales arid tasting have been established and are shown in Exhibits "B" and "C" attached hereto and incorporated herein by this reference. 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, as amended. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Amended Conditional Use Permit No. 14-001 and Amended Conditional Use Permit No. 14-002, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED that this Resolution will take effect on the effective date of Ordinance No. -- On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 23rd day of September, 2014. Item 9.a. - Page 11 RESOLUTION NO. PAGE3 TONYFERRARA,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 12 RESOLUTION NO. PAGE4 EXHIBIT'A' CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT NO. 14-001 AMENDED CONDITIONAL USE PERMIT NO. 14-002 SAN LUIS OBISPO COUNTY FARMERS' MARKET ASSOCIATION AND ARROYO GRANDE VILLAGE IMPROVEMENT ASSOCIATION (1400-1488 E. GRAND AVENUE PARKING AREA AND OLOHAN ALLEY PARKING AREA) COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes wine sales and tasting at the Wednesday morning farmers' market located in the parking area in front of Smart & Final (1400 -1488 East Grand Avenue) and at the Saturday afternoon farmers' market located in the parking area of Olohan Alley between Short Street and South Mason Street as shown on Exhibits 'B' and 'C' subject to the following conditions: 1. A licensed winegrower, a member of the licensee's family, or an employee of the licensee may conduct bottled wine sales and an instructional wine tasting for consumers at a certified farmers' market, subject to the authorization and managerial control of the operator of the certified farmers' market. 2. At all times during an instructional tasting event, the instructional tasting event area shall be separated from the remainder of the market by a wall, rope, cable, cord, chain, fence, or other permanent or temporary barrier. Only one licensee may conduct an instructional tasting event during the operational hours of any one certified farmers' market. 3. The licensee shall not permit any consumer to leave the instructional tasting area with an open container of wine. 4. The licensee shall not pour more than three ounces (3 oz.) of wine per person per day and shall not charge for instructional tastings. 5. No premium, gift, free goods, or other thing of value shall be given away by an authorized licensee or its designated representative in connection with an instructional tasting event. 6. This approval will take effect upon the effective date of, Ordinance No. __ amending Section 9.04-020 of the Arroyo Grande Municipal Code to allow for wine tasting at certified farmers' markets. Item 9.a. - Page 13 RESOLUTION NO. PAGES Blue line: certified section Orange line: non-certified section Wine tasting & sales EXHIBIT '8' Arroyo Grande Wednesday Farmers' Market 8:30-11:00 Courtland & Grand 2014 Item 9.a. - Page 14 RESOLUTION NO. PAGES Physical Map blue: certified section EXHIBIT 'C' Arroyo Grande Saturday Farmer s' Market 2014 12:00 -2:30 orange : non -certified section of the Farmers ' Market Association yellow: Village Improvement Association, non-certified wine sales and tasting Item 9.a. - Page 15 ATTACHMENT 1 ACTION MINUTES REGULAR MEETING OF THE PLANNING COMMISSION TUESDAY, AUGUST 19, 2014 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Vice Chair Sperow called the Regular Planning Commission meeting to order at 6:00 p.m. 2. ROLLCALL Planning Commission: Staff Present: 3. FLAG SALUTE Commissioners Tom Goss, Randy Russom, Lan George and Vice Chair Lisa Sperow were present. Commissioner John Keen was absent. Community Development Director Teresa McClish, Associate Planner Kelly Heffernen, and Secretary Debbie Weichinger were present. Vice Chair Sperow led the Flag Salute. 4. AGENDA REVIEW None 5. COMMUNITY COMMENTS AND SUGGESTIONS None 6. WRITTEN COMMUNICATIONS None 7. CONSENT AGENDA Action: Commissioner Russom moved, and Commissioner Sperow seconded the motion to approve Consent Agenda Item 7.a., August 5, 2014 minutes, as submitted. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Russom, Sperow, Goss None Keen George 7.a. Consideration of Approval of Minutes Action: Approved the minutes of the Regular Planning Commission meeting of August 5, 2014 as presented. 8. PUBLIC HEARINGS 8.a. DEVELOPMENT CODE AMENDMENT NO. 14-004; AMENDED CONDITIONAL USE PERMIT NO. 14-001; AMENDED . CONDITIONAL USE PERMIT NO. 14-002; LOCATIONS -1400 -1488 EAST GRAND AVENUE (PARKING LOT IN FRONT OF SMART & FINAL) AND OLOHAN ALLEY; APPLICANTS -SAN LUIS OBISPO Item 9.a. - Page 16 PLANNING COMMISSION MINUTES AUGUST 19, 2014 PAGE2 COUNTY FARMERS' MARKET ASSOCIATION AND THE VILLAGE IMPROVEMENT ASSOCIATION Associate Planner Heffernan presented the staff report recommending the Planning Commission review the proposed project and adopt a Resolution recommending the City Council approve Development Code Amendment No. 14-004 to amend Municipal Code Section 9.04.020 regarding alcoholic beverages, Amended Conditional Use Permit No. 14-001 and Amended Conditional Use Permit No. 14-002 to allow wine tasting at local Farmers' Markets. Associate Planner Heffernan responded to questions from the Commission regarding the proposed project. Vice Chair Sperow opened the public hearing. Peter Jankay, Administrator of the San Luis Obispo County Farmers' Market Association responded to questions from the Commission regarding the proposed project. Hearing no further comments, Vice Chair Sperow closed the public hearing. The Commission provided the following comments: concern with regulating wine consumption; there should be no charge for tasting; and is in support of the project. Action: Commissioner Goss moved to adopt a resolution entitled ~'A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE, RECOMMENDING THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT NO. 14-004, AMENDED CONDITIONAL USE PERMIT NO. 14-001, AND AMENDED CONDITIONAL USE PERMIT NO. 14-002, APPLIED FOR BY THE SAN LUIS OBISPO COUNTY FARMERS' MARKET ASSOCIATION AND THE ARROYO GRANDE VILLAGE IMPROVEMENT ASSOCIATION FOR PROPERTIES LOCATED AT 1400-1488 EAST GRAND AVENUE (PARKING LOT IN FRONT OF SMART & FINAL) AND IN THE OLOHAN ALLEY PARKING AREA BETWEEN SHORT STREET AND SOUTH MASON STREET", as modified SECTION 2: 9-04.020 ALCOHOLIC BEVERAGES B. replace the word "or" with "and" in Olohan Alley... and shall not charge for instructional tastings. Commissioner Russom seconded. AYES: NOES: ABSENT: Goss, Russom, George, Sperow None Keen 9. NON-PUBLIC HEARING ITEM None 10. NOTICE OF ADMINISTRATIVE DECISIONS SINCE AUGUST 5, 2014 This is a notice of administrative decision for Minor Use Permits, including any approvals, denials or referrals by the Community Develo.pment Director. An administrative decision must be appealed or called up for review by the Planning Commission by a majority vote. Case No. Applicant Address Description Action Planner TUP 14-013 Ashley Furniture 995 E. Grand Approval of sidewalk sales A R. Grothe Homestore Ave. TUP 14-011 St. Patrick's School 900 W. Branch 52"u annual BBQ and A R. Grothe St. auction TUP 14-016 Donna's Furniture 1069 E. Grand Approval of parking lot sale A R. Grothe Ave. (8/26-9/3) Item 9.a. - Page 17 THIS PAGE INTENTIONALLY LEFT BLANK Item 9.a. - Page 18