PC R 23-2392RESOLUTION NO. 23-2392
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE DENYING APPEAL CASE NO.
23-001 AND APPROVING PLOT PLAN REVIEW CASE NO.
22-034; LOCATED AT 114 WEST BRANCH STREET;
.APPLIED FOR BY KARL METZGER, RORI'S ARTISANAL
CREAMERY; APPELLANT — BRENDA AUER, AUER REAL
ESTATE
WHEREAS, on October 11, 2022, the City Council adopted Ordinance No. 719, establishing
a permanent parklet program allowing the establishment of parklets within the right of way,
subject to the approval of a Minor Use Permit -Plot Plan Review in order to ensure
conformance with performance standards developed to protect the adjacent commercial
corridor on Branch Street where parklets would be located; and
WHEREAS, on October 16, 2023, the applicant submitted an application for Plot Plan
Review No. 23-034 for the establishment of a two -space parklet in the right of way in front
of 114 West Branch Street; and
WHEREAS, on October 27, 2023, the Community Development Director approved Plot Plan
Review No. 23-034 based upon the findings for approval of the permit; and
WHEREAS, notice of the Community Development Director's determination was reported
to the Planning Commission along with the agenda for the regular Planning Commission
meeting on November 7, 2023; and
WHEREAS, on November 8, 2023, an appeal of the approval was filed with the Community
Development Department by Brenda Auer; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project
at a duly noticed public hearing on December 5, 2023; and
NOW, THEREFORE, BE IT RESOLVED, the Planning Commission of the City of Arroyo
Gande hereby denies Appeal Case No. 23-001 and affirms the Community Development
Director's approval of Plot Plan Review 23-034, with the above findings and subject to the
conditions as set forth in Exhibit "A," attached hereto and incorporated herein by reference:
1. Recitals. All recitals above are true and correct and hereby incorporated by
reference.
2. CEQA. the project is exempt from review under the California Environmental
Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301(c)
regarding the alteration of existing highways and streets, sidewalks, gutters,
bicycle and pedestrian trails, and similar facilities that do not create
additional automobile lanes.
RESOLUTION NO. 23-2392
PAGE 2
3. Severability. If any section, division, sentence, clause, phrase or portion of
this resolution or the document in the record in support of this resolution is
determined by a court of competent jurisdiction to -tie .invalid; unenforceable,
unconstitutional or otherwise void, that determination shall not affect the
validity of the remaining sections, divisions, sentences, clauses, phrases of
this Resolution.
4. Certification. The Secretary of the Planning Commission shall certify to the
passage, approval, and adoption of this Resolution.
On motion by Commissioner Sackrison, seconded by Chair Maraviglia, and by the following
roll call vote, to wit:
AYES:
Sackrison, Maraviglia, Buchanan, Roof, Berlin
NOES:
None
ABSENT:
None
the foregoing Resolution was adopted this 5t' day of December 2023.
RESOLUTION NO. 23-2392
PAGE 3
171",,.'14W ...�� G�
JAMIE mkRAvldLiA
CHAIR
ATTEST:
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO. 23-2392
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLOT PLAN REVIEW 23-034
114 WEST BRANCH STREET
CONDITIONS OF APPROVAL:
GENERAL CONDITIONS
1. This approval authorizes the establishment of a two -space parklet in the right of
way in front of 114 West Branch Street.
2. The applicant shall ascertain and comply with all State, County and City requirements
as are applicable to this project.
3. The project shall occur in substantial conformance with the application and plans
on file in the Community Development Department dated October 16, 2023.
4. This permit shall automatically expire at such time that the permittee's business
closes or relocates.
5. The applicant shall agree to indemnify and defend at his/her sole expense any
action brought against the City, its agents, officers, or employees because of the
issuance of said approval, or in the alternative, to relinquish such approval. The
applicant shall reimburse the City, its agents, officers, or employees, for any court
costs and attorney's fees which the City, its agents, officers, or employees may be
required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but
such participation shall not relieve the applicant of his/her obligations under this
condition.
PUBLIC WORKS DEPARTMENT CONDITIONS:
6. The applicant shall remove debris and trash daily.
7. No parklet elements shall extend into the street or sidewalk beyond the vertical
plane created by the concrete barrier.
8. All parklet components, including umbrellas, tables and chairs shall be safe, in
working order, and free from tears and damage.
9. Pest prevention and abatement is the responsibility of the parklet operator.
10. The area in and around the parklet shall be kept free of vermin and vermin
attracting nuisances.
11. The applicant shall keep plants in planters healthy, contained, and free of weeds.
12. The applicant shall regularly sweep the area surrounding the parklet that the City's
street sweepers are unable to reach.
13. Domestic water shall not be used for cleaning except for reasons regarding public
RESOLUTION NO. 23-2392
PAGE 5
health and safety. Any water used must be disposed of properly consistent with
Regional Water Quality Control Board regulations regarding illicit discharge. No
standing water.
14. The applicant shall not paint or otherwise deface the concrete barriers or planters.
15. Parklet decking shall be flush with the sidewalk.
16. Parklet operators are not permitted to utilize utility connections within the City's
right of way.
17. Parklet applicants shall steam clean the areas in and around their parklets at least
once each six months. Steam cleaning shall be consistent with Regional Water
Quality Control Board regulations regarding illicit discharge.
ARCHITECTURAL REVIEW COMMITTEE CONDITIONS:
18. The applicant shall place any trash receptacles for the parklet inside of empty wine
barrels to shield the trash receptacles from being seen from the public right of way.
ADMINISTRATIVE SERVICES DEPARTMENT (FINANCE) CONDITIONS
19. The applicant shall pay rental and permitting fees quarterly. Non-payment of fees
shall be considered non-compliance with these conditions of approval and may be
grounds to initiate revocation of this approval.