R 4311 RESOLUTION NO. 4311
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE APPROVING TEMPORARY USE
PERMIT 10 -018, AUTHORIZING USE OF A PORTION OF
THE OLOHAN ALLEY PARKING LOT AND TEMPORARY
CLOSURES OF PORTIONS OF OLOHAN ALLEY AND
SHORT STREET FOR CONSTRUCTION PURPOSES;
AND IMPLEMENTATION OF RELATED SAFETY
MEASURES INCLUDING NO PARKING ZONES AND
PEDESTRIAN WALKWAY FOR THE PERIOD OF
OCTOBER 2010 MAY 2011, APPLIED FOR BY NKT
COMMERCIAL
WHEREAS, on February 23, 2010, the City Council adopted Resolution No. 4262 and
approved a Purchase and Sale and Improvement Agreement (including the creation of
two lots and construction of the Shops at Short Street project, [the "project']) and
subsequently approved minor modifications to the Agreement on April 27and
September 14, 2010. On August 24, 2010, the City Council adopted a Resolution
approving the subdivision and final design for the project; and
WHEREAS, construction and development of the project will begin in October 2010 and
will be completed in May 2011; and
WHEREAS, the project is located in a developed area of the Village Core with limited
adjacent staging areas; and
WHEREAS, in order to facilitate construction of the project and to ensure the safety of
workers and the general public around the construction site, the applicant is requesting
the temporary use of portions of Olohan Alley and Short Street.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
does hereby approve Temporary Use Permit 10 -018 authorizing the use of portions of
Olohan Alley and Short Street and implementation of related safety measures including no
parking zones and pedestrian walkways for the period of October 2010 - May 2011
subject to the conditions set forth in Exhibit "A ", and as shown in Exhibit "B ", and both of
which are attached hereto and incorporated herein by this reference.
BE IT FURTHER RESOLVED that only temporary, short term uses of Short Street are
authorized and only when determined to be necessary by the Community Development
Director to protect the public health, safety and welfare during adjacent construction
activities and that City staff shall provide notice to affected business owners to the
maximum extent possible.
RESOLUTION NO. 4311
PAGE 2
On motion by Council Member Fellows, seconded by Council Member Guthrie, and by the
following roll call vote, to wit:
AYES: Council Members Fellows, Guthrie, Costello, and Mayor Ferrara
NOES: Council Member Ray
ABSENT: None
The foregoing Resolution was passed and adopted this 28 day of September 2010.
RESOLUTION NO. 311
TONY FER A YOR
ATTEST:
KELLY W TMO E, CITY CLERK
APPROVED AS TO CONTENT:
E N ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIM TH J. EL, CITY ATTORNEY
RESOLUTION NO. 4311
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
TEMPORARY USE PERMIT 10 -018
CLOSURES OF PORTIONS OF OLOHAN ALLEY AND SHORT STREET FOR
CONSTRUCTION PURPOSES; AND IMPLEMENTATION OF RELATED SAFETY
MEASURES INCLUDING NO PARKING ZONES AND PEDESTRIAN WALKWAY
FOR THE PERIOD OF OCTOBER 2010 — MAY 2011
GENERAL CONDITIONS:
1. The applicant shall ascertain and comply with all State, County and City
requirements as are applicable to this project.
2. The event shall occur in substantial conformance with the application and plans on
file in the Community Development Department.
3. The event organizers shall comply with all of the Conditions of Approval for
Temporary Use Permit 10 -013.
4. The applicant shall agree to 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 applicant of his/her obligations under this condition.
5. The applicant shall enter into an encroachment agreement to address
indemnification, insurance and construction issues to the satisfaction of the City
Attorney.
6. Due to the closure of public restrooms as a result of construction activities, the
applicant shall provide ADA compliant portable public restroorn facilities which
include hand washing facilities of a design commensurate with the public facilities
being displaced and to the satisfaction of the Community Development Director
during the time period of the encroachment permit.
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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. 4311 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
28 of September 2010.
. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30 day of
September 2010.
KELLY TM �2E, CITY CLERK
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