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PC R 14-2213 RESOLUTION NO. 14-2213 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 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 of the City of Arroyo Grande has considered Development Code Amendment No. 14-004, 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 Planning Commission has held a public hearing on these applications in accordance with City Code; and WHEREAS, the Planning Commission has found that the proposed amendments are 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 15301 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 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. 14-2213 DCA 14-004; ACUP 14-001; ACUP 14-002 AUGUST 19, 2014 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. 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 Planning Commission of the City of Arroyo Grande hereby recommends that the City Council adopt an Ordinance approving Development Code Amendment No. 14-004 to amend Municipal Code Section 9.04.020 regarding wine sales and tasting at certified farmers' markets, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. BE IT FURTHER RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council approve 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 "B", attached hereto and incorporated herein by this reference. On motion by Commissioner Goss, seconded by Commissioner Russom, and by the following roll call vote, to wit: AYES: Goss, Russom, George, Sperow NOES: None ABSENT: Keen the foregoing Resolution was adopted this 19th day of August, 2014. ATTEST: DEBBIE WEICHINGER LISA SPE , VICE CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT: i TER SA MCLISH DIRECTOR OF COMMUNITY DEVELOPMENT RESOLUTION NO. 14-2213 DCA 14-004; ACUP 14-001; ACUP 14-002 AUGUST 19, 2014 PAGE 3 EXHIBIT 'A' 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 WHEREAS, 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: RESOLUTION NO. 14-2213 DCA 14-004; ACUP 14-001; ACUP 14-002 AUGUST 19, 2014 PAGE 4 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 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. 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 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. 1 RESOLUTION NO. 14-2213 DCA 14-004; ACUP 14-001; ACUP 14-002 AUGUST 19, 2014 PAGE 5 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 , seconded by Council Member , and on the following roll call vote to wit: AYES: NOES: ABSENT: The foregoing Ordinance was adopted this day of 2014. II { RESOLUTION NO. 14-2213 DCA 14-004; ACUP 14-001; ACUP 14-002 AUGUST 19, 2014 PAGE 6 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: I STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY RESOLUTION NO. 14-2213 • DCA 14-004; ACUP 14-001; ACUP 14-002 AUGUST 19, 2014 PAGE 7 EXHIBIT `B' 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 'C' and 'D' 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. 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. RESOLUTION NO. 14-2213 DCA 14-004; ACUP 14-001; ACUP 14-002 AUGUST 19, 2014 PAGE 8 EXHIBIT `C' Arroyo Grande Wednesday Farmers' Market 8:30-11:00 Courtland&Grand 2014 Physical Map 1 „l .w r." .rte..'F - ■ 7_7: '•°.. "�' \ ;. 11 - c• r`�` 5" ; -. �E�,.r$-•R„�.�; 7 - d -+ �.ate�.a a" \, 'LT :lA � '1Etl l•f i '�J r, . '. , .e • r ` .•61 ` 1`� ,� - ^""hY 1 i r �- : t + r r'' f .- -t,c----.r t a �• , 1/ - .n� gr .ice"'', d's1' E ,,,:tt--'� • --1L ', : -7,-3,7-; " u • ks r"' i !,� �� ." 1 F.firy ~ ryyJ ay f1 E:. ....-1.;7„„.,=:^' ] t7- l' ' _ y"i7„... �.��! °'� 7 ''c,:L-, - ' ,-- " :sft •te—j �j� .p.-77.1,11.,:),.'-1", , c^� r.l�7 , `--, - �_ -_5•- :'l" is i -•fi �+ t - A' hi c1B� 1-. ? �i r f •• t f ` `" . / �" ,T11, 7 " „' "° , i .y"c 1.'a as w'4� i , i . i �- • . 1 fi. • .1,'`• ' .` '-'. to , r," , �"', ,P s =.711",....?.. /" .' e,• i!_ l4.^. 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