R 5126 RESOLUTION NO. 5126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DENYING APPEAL 21-003 AND
APPROVING CONDITIONAL USE PERMIT 21-005;
ADDITION TO AN EXISTING COMMERCIAL STRUCTURE
AND ESTABLISHMENT OF AN ART GALLERY AND WINE
TASTING COLLECTIVE; LOCATION — 211 E. BRANCH
ST.; APPLICANT — ERIC AND GILLIAN VON BERG;
REPRESENTATIVE — JENNIFER MARTIN, JENNIFER
MARTIN ARCHITECTURE AND DESIGN
WHEREAS, the applicant has filed Conditional Use Permit 21-005 to construct a 3,108
square foot addition and establish a wine tasting collective and art gallery in the Village
Commercial Downtown zoning district; and
WHEREAS, the Architectural Review Committee reviewed the project on July 19, 2021
and recommended approval of the project with the suggestion to provide a distinct visual
transition between the existing structure and the proposed addition; and
WHEREAS, the Planning Commission reviewed the project on September 7, 2021, and
adopted a Resolution approving the project; and
WHEREAS, an appeal of the Planning Commission's approval was filed on September
20, 2021 in accordance with Arroyo Grande Municipal Code Section 16.12.150; and
WHEREAS, the City Council of the City of Arroyo Grande considered the appeal at a duly
noticed public hearing on October 26, 2021 and continued the public hearing to
November 9, 2021; and
WHEREAS, the City Council has reviewed the project in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande
Rules and Procedures for Implementation of CEQA and has found and determined that
the project is exempt pursuant to Section 15332 of the CEQA Guidelines for infill
development; 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 subject district pursuant to the
provisions of this section and complies with all the applicable provisions of
this title, the goals, and objectives of the Arroyo Grande General Plan,
and the development policies and standards of the City.
The proposed use of an art gallery and wine tasting collective is allowed in
RESOLUTION NO. 5126
PAGE 2
the Village Core Downtown (VCD) zoning district with the approval of a
Conditional Use Permit pursuant to Section 16.36.030 of the Municipal
Code and is consistent with development standards for the VCD zoning
district per Municipal Code Section 16.36.020. The revised project
consisting of a detached addition to the property and preservation of the
existing structure, as presented at the November 9, 2021 City Council
meeting, is consistent with the Design Guidelines and Standards for the
Historic Character Overlay District.
2. The proposed use would not impair the integrity and character of the
district in which it is to be established or located.
The proposed use of an art gallery and wine tasting collective would not
impair the integrity or character of the Village Core Downtown (VCD)
zoning district, as it is consistent with the stated purpose of the VCD
zoning district pursuant to Municipal Code Section 16.36.020(C) by
providing a use that promotes pedestrian use and enjoyment of the
downtown Village area. The project design consisting of a detached
addition to the property, as presented at the November 9, 2021 City
Council meeting, is consistent with the Design Guidelines and Standards
for the Historic Character Overlay District and will not impair the integrity
or character of the VCD district.
3. The site is suitable for the type and intensity of use or development that is
proposed.
The site is suitable for the establishment of an art gallery and wine tasting
collective, as the development meets applicable development standards
relating to building height, setbacks, lot coverage, and landscaping.
Payment of an in-lieu fee to satisfy the parking requirement is allowed
through pursuant to Municipal Code Section 16.56.020.
4. There are adequate provisions for water, sanitation, and public utilities
and services to ensure public health and safety.
There are adequate provisions for all utilities and services necessary to
ensure 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 will not be detrimental to the public health, safety or
welfare, nor will it be materially injurious to properties or improvements in
the vicinity as it will comply with all applicable codes, standards, and
RESOLUTION NO. 5126
PAGE 3
conditions of approval developed for this project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby denies Appeal Case No. 21-003 and approves Conditional Use Permit
21-005, based on the project plans as presented to the City Council on November 9,
2021 incorporated herein by this reference as though set forth in full, 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 by Council Member Paulding, seconded by Council Member Storton, and by
the following roll call vote, to wit:
AYES: Council Members Paulding, Storton, and George
NOES: Mayor Ray Russom
ABSENT: Council Member Barneich
the foregoing Resolution was adopted this 9th day of November, 2021.
RESOLUTION NO. 5126
PAGE 4
I) 1
CAREN RAY R It•M, MAYOR
ATTEST:
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J SSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
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W ITNEY or i ONALD, CITY MANAGER
APPROVED AS TO FORM:
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TIMOT J. CAR , 'TY ATTORNEY
RESOLUTION NO. 5126
PAGE 5
EXHIBIT 'A'
CONDITIONS OF APPROVAL
APPEAL CASE NO. 21-003
211 EAST BRANCH STREET
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
GENERAL CONDITIONS
1. This approval authorizes the construction of a 2,429 square foot addition to the
property and establishment of a wine tasting collective and art studio at the subject
property.
2. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
3. The applicant shall comply with all conditions of approval for Appeal Case No. 21-
003.
4. All applicable conditions of approval for Conditional Use Permit Case No. 21-005,
approved by Planning Commission Resolution No. 21-2353, shall remain in full force
and effect
5. This application shall automatically expire on November 9, 2023 unless a building
permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant
may apply for an extension of one (1) year from the original date of expiration.
6. Development shall conform to the Village Core Downtown development standards
except as otherwise approved.
7. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of November 9, 2021 and on file in the Community
Development Department. Prior to permit issuance, architectural details consistent
with the revised plan shall be reviewed and approved by the Architectural Review
Committee.
8. The applicant shall agree to indemnify and defend at his/her sole expense any
action brought against the City, its present or former agents, officers, or employees
because of the issuance of said approval, or in any way relating to the
implementation thereof, 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 applicant of his/her obligations under this condition.
OFFICIAL CERTIFICATION
I, JESSICA MATSON, 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. 5126 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 9th day of November, 2021.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th day of
November, 2021.
JESSICA MATSON, CITY CLERK