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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 -- _....r._--4•00- .- -- - -_ \I 3 -Vt.‘;,.* "\ v.. - -,\--"- \------- -.-- _, . - ._.....%.-.40----1 C ,.._„„y-e,r<4„\- \■, -- '.i'...„ - A -- .. - 1 . . •. NN, ■...„,....., A..--'''.- •.. di .. , ■11.1.11.4!' . - 'St.' • :. a -1 . _ - -- „ . .............--- 4 -- ..-- ----- 1.-- --- 44”.. .. .,..- ... .. 1111115.” ir ' • S■ ' \'‘ ..- .1'.'.. . '. '41 ‘ ' ' ‘ . ■ -' d..... .. .....'' • .44%1,-or ..., , . Xiii . . ......4%;-- . 1 at. Ir * ■.'‘ " .61 11 • ,... , A r 11 -. '! % 11,11.%lir : ' AI. ty. ' •i.1•14.44•,,gliestr r ,i,4, . - , • // . t . ..- 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 ° . �,, et-- co,ie_ 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