R 4626 RESOLUTION NO. 4626
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING 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
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.
RESOLUTION NO. 4626
PAGE 2
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 and 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. 666.
On motion of Council Member Costello, seconded by Council Member Guthrie, and on the
following roll call vote, to wit:
AYES: Council Members Costello, Guthrie, Brown, Barneich, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 23rd day of September, 2014.
RESOLUTION NO. 1/(01-CQ
PAGE 3
/
TONY F Ar ' :i, , MAYOR
ATTEST:
ili / / 4,ezete___
KELLY ■ ETM% R , CITY CLERK
APPROVED AS TO CONTENT:
STE N ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIM Y J. C EL, CITY ATTORNEY
RESOLUTION NO. 4626
PAGE 4
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.
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. (olptp
amending Section 9.04-020 of the Arroyo Grande Municipal Code to allow for
wine tasting at certified farmers' markets.
RESOLUTION NO. 4626
PAGE 5
7. The licensee shall provide a commercial general liability insurance policy in the
amount of $2 million per occurrence with a rider that specifically includes
coverage for alcoholic beverage tasting and sale, in a form satisfactory to the
City Attorney. The City shall be named as additional insured under said policy.
RESOLUTION NO. 4626
PAGE 6
EXHIBIT `B'
Arroyo Grande Wednesday
Farmers' Market 8:30-11:00
Courtland&Grand
2014
Physical Map
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RESOLUTION NO. 4626
PAGE 7
EXHIBIT `C'
Arroyo Grande Saturday Farmers'Market 2014
12:00-2:30
Physical Map
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orange:non-certified section of the Farmers'Market Association
yellow:Village Improvement Association,non-certified
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- 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. 4626 was passed and adopted at a Regular meeting of the City Council
of the City of Arroyo Grande on the 23rd day of September, 2014.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30th day of
September, 2014.
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KELLY ET •RE, CITY CLERK
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