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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 te r.; - ."I�." 1— - _ 151 ` - • . Et,: - -- -_ 1,/ /•�/ '1: / / 1 � tier . / ` �.j } /}J/ f / l ) ..../. t� "d: / ,p \ �N.\\41":\.' ...„.:# ,_ N N d r r.. .` - . r w v r c � Ic ea• \, Blue line: certified section Orange line: non-certified section MOM Wine tasting&sales RESOLUTION NO. 4626 PAGE 7 EXHIBIT `C' Arroyo Grande Saturday Farmers'Market 2014 12:00-2:30 Physical Map blue:certified section orange:non-certified section of the Farmers'Market Association yellow:Village Improvement Association,non-certified %wine sales and tasting ‘ \-- — . PPPIPPw,.--,- r \s,_ -. - - . _ --' -..z.,01, ' __- \ 4C'' ' -.. -44. - '`` -- --ir'' . "' -z. 4 -41‘., Z4•4:43#: 40), s { may: -'. ,.• .. % ''''°\,\. • 1V41!„■,:•:,,;A.A., !. Ail,),:e ,.,-`'. . ''‘j,./* , \'''..te-. ' \„4 ,,,, . 4. y . .. , s° t .*• _ yaI t 4 4' -"',.0 - + 'v •, r l'.. 4• tam_ - 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. /' A\ ././ KELLY ET •RE, CITY CLERK • •