R 4675 RESOLUTION NO. 4675
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING CONDITIONAL USE
PERMIT CASE NO. 14-010; LOCATED AT 1168 W.
BRANCH STREET; APPLIED FOR BY WALMART
STORES, INC.
WHEREAS, the City Council adopted Resolution No. 3157 approving land use
entitlements for the Five Cities Center development on July 9, 1996 as part of a former
Planned Development area; and
WHEREAS, the applicant operates the Arroyo Grande Walmart store located at 1168 W.
Branch Street; and
WHEREAS, the applicant has filed an application for Conditional Use Permit 14-010 to
authorize the sale of distilled spirits at an existing commercial business; and
WHEREAS, the Planning Commission considered the proposed project at a public
hearing on June 16,2015 and adopted a Resolution recommending the City Council
approve the conditional use permit; 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 per Section 15301(e) (Existing Facilities) of the CEQA Guidelines;
and
WHEREAS, the City Council has reviewed the project at a duly noticed public hearing on
July 28, 2015; 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.
Alcoholic beverage sales are an allowed use in the Regional Commercial
(RC) zoning district following approval of a conditional use permit per
Section 16.36.030 of the Municipal Code and while the retail store
currently sells beer and wine, the sale of distilled spirits would be an
intensification of that use requiring approval of a conditional use permit to
ensure compliance with the Municipal Code.
RESOLUTION NO. 4675
PAGE 2
2. The proposed use would not impair the integrity and character of the
district in which it is to be established or located.
The existing retail store currently sells beer and wine and the
intensification of use associated with alcoholic beverage sales would not
impair the integrity and character of the RC district in light of the stated
purpose of the RC zoning district per Municipal Code Subsection
96.36.020(1) and conditions of approval developed for the project to help
ensure integrity and character are maintained.
3. The site is suitable for the type and intensity of use or development that is
proposed.
The site contains an existing retail business that currently sells beer and
wine and therefore is suitable for the expanded alcoholic beverage sales.
Conditions of approval have been developed for the project to ensure the
expanded alcoholic beverage sales does not result in any adverse
impacts on adjacent land uses.
4. There are adequate provisions for water, sanitation, and public utilities
and services to ensure public health and safety.
The expansion of use for alcoholic beverage sales to include distilled
spirits is not anticipated to require addition provisions for water, sanitation,
and public utilities and services. Therefore, 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 expansion of use for alcoholic beverage sales to include distilled
spirits will not be detrimental to the public health, safety or welfare due to
conditions of approval developed for the project to ensure public health,
safety and welfare.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves Conditional Use Permit Case No. 14-010, as presented to the
City Council on July 28, 2015 and shown in Exhibit "B", attached hereto and 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.
RESOLUTION NO. 4675
PAGE 3
On motion by Council Member Harmon, seconded by Council Member Barneich, and by
the following roll call vote, to wit:
AYES: Council Members Harmon, Barneich, Guthrie, Brown, and Mayor Hill
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 28th day of July 2015.
RESOLUTION NO. 4-./675"-"
PAGE 4
la-
JI ILL, MAYOR
A EST:
yQr..KELLY TMORE, CITY CLERK
• 'Pr O ` ' • - TO CONTENT:\111•BERT Mc ALL, I ERIM CITY MANAGER
APPROVED AS TO FORM:
EATHER WHITHAM, CITY ATTORNEY
RESOLUTION, NO. 4675
PAGE 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 14-010
1168 W. BRANCH STREET
This approval authorizes the sale of beer, wine and distilled spirits for consumption off the
premises at the Arroyo Grande Walmart store, with appropriate Alcoholic Beverage
Control (ABC) permits.
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
GENERAL CONDITIONS
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 Case No. 14-010.
3. The project shall occur in substantial conformance with the plans presented to the
City Council at the meeting of July 28, 2015 and marked Exhibit "B".
4. 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.
5. A copy of these conditions shall be incorporated into any construction documents
necessary for or resulting from this approval.
6. This approval shall expire on July 28, 2017 unless a building permit is issued for
the project prior to that date.
7. All conditions of approval from Resolution No. 3157 and subsequent approvals
shall remain in full force and effect, in addition to the conditions of approval
contained herein.
RESOLUTION NO. 4675
PAGE 6
BUILDING AND LIFE SAFETY DIVISION,
BUILDING CODES
8. The project shall comply with the most recent editions of all California Codes, as
adopted by the City of Arroyo Grande.
DISABLED ACCESS
9. Provide complete compliance with State and Federal disabled access
requirements.
OTHER APPROVALS
10. Any review costs generated by outside consultants, shall be paid by the applicant.
POLICE DEPARTMENT
11. Distilled spirits displayed for sale shall be located in locking cabinets at all times.
An employee of the Arroyo Grande Walmart store shall be required to retrieve
distilled spirits and hand deliver it to the purchasing customer.
PLANNING COMMISISON CONDITIONS
12. A security camera shall be dedicated to monitoring the distilled spirits case at all
times.
13. If the floor area dedicated to increase, the request shall return to the Planning
Commission to amend this Conditional Use Permit.
Walmart Store #2556
1168 W. Branch Street
Arroyo Grande, California
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Total Building Area 100,459 sq. ft - P,_, .: .. . - ` J z
TF-►IfT'i'['f'l-
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Excluded Floor Area: 11,637 sq. ft : - . i , 9 - - _ _ . -• , . . ,, -® - .0 - i
(Stockroom, restroom,office space,etc.) 9 , 1 I , 9 L 3
Enclosed Sales Floor Area 88,822 sq. ft , -'- 1 I • _ E _ _ —
i - s -. -o
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Beer/Wine Display Area -,_ — - _ _ .s
Distilled Spirits: Proposed -_ —_ c —
• o ,- a
•location for locked cabinets E I 1.: - • - - o o
(Anticipate 2-3 cabinets) •
k 1 `; ►_ 7 D
•. 1 ` -- . I , d. — ..n .a .. e e am I' .1 ?. . 1 .. O p -
1 E, r : , .1 lX11 ill m p; 11.
Enclosed Sales Floor Area , _ - . - Entrance/ Ex; �_
Not to Scale N r� I I —
J t I ! CO
OFFICIAL CERTIFICATION
I, KITTY NORTON, Deputy 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. 4675 was passed and adopted at a regular
meeting of the City Council of the City of Arroyo Grande on the 28th day of July,
2015. .
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 31st
day of July 2015.
KITTY N TON, DEPUTY CITY CLERK
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