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R 3901 RESOLUTION NO. 3901 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE NO. 05-027; RELATED TO MAINTENANCE/REMODELING OF WAL-MART; PS CONTRACTING INC.; 1168 WEST BRANCH ST. WHEREAS, on November 16, 2005, PS Contracting submitted an application for a Temporary Use Permit related to maintenance/remodel of Wal-Mart located at 1168 West Branch Street; and WHEREAS, on December 20 2005 the Planning Commission reviewed and modified proposed Conditions of Approval and recommended the City Council approve Temporary Use Permit Case No. 05-027; and WHEREAS, the City Council has considered Temporary Use Permit Case No. 05-027, on January 10, 2006 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the City Council has found that this project is 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), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that the proposed project is Categorically Exempt per Section 15301 of the CEQA Guidelines. WHEREAS, the City Council finds, after due study, the following circumstances exist: FINDINGS FOR APPROVAL 1. The operation of the requested temporary use related to maintenance and remodel of the Wal-Mart from January 11, 2006 until March 17, 2006 will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare due to the Conditions of Approval developed for the project. 2. The proposed site being over 20 acres in size, the storage area being over 550 feet away from the nearest adjacent residential property and the enforcement of Conditions of Approval ensures that the property is of adequate size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site. 3. The proposed site is adequately served by streets including West Branch Street, which has sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate. 4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available on-site. RESOLUTION NO. 3901 PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the City Council.of the City of Arroyo Grande hereby approves Temporary Use Permit Case No. 05-027, 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 Mayor Ferrara, seconded by Council Member Costello, and by the following roll call vote, to wit: AYES: NOES: ABSENT: Mayor Ferrara, Council Members Costello, Dickens, Arnold, Guthrie None None the foregoing Resolution was adopted this 10th day of January 2006. RESOLUTION NO. 3Qo I PAGE 3 TONY~<" - APPROVED AS TO CONTENT: s:c::.-- ./.7 )~.:;;i:=0 STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: / ATTORNEY TIM RESOLUTION NO. 3~0\ PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL TEMPORARY USE PERMIT CASE NO. 05-027 PS CONTRACTING INC.; 1168 WEST BRANCH ST. General Conditions 1. This Temporary Use Permit (TUP) allows for a 12-week general remodel of Wal- Mart with construction occurring up to seven days per week between the hours of 9:00 pm and 6:30 am from Monday, January 2,2006 to Thursday March 16,2006. This remodel/maintenance work shall comply with the description submitted by the applicant and includes: >- Clean, prep and paint interior walls; >- Clean and repaint sales floor ceiling as needed; >- Repair and replace floor tile; >- Refurbish the Vision Center, restrooms and various offices; >- Replace photo lab; >- Repair stucco and concrete (to be completed during daytime hours except for the building front); >- Replace wood fencing (to be completed during daytime hours); >- Paint exterior to match existing stucco colors (to be completed during daytime hours, except for the building front); >- Paint parking lot light standards 2. The use shall be in substantial conformance with Exhibit "A" and Exhibit "8" attached hereto and incorporated herein by this reference and to the statements below: . a) A maximum number of eight (8) "Seatrain" type storage containers with a maximum length of 40 feet can be placed in the area designated on Exhibit "A". Each container must be painted a uniform color, be free of exterior rust and be of such a condition as to not distract from the general appearance of the shopping center; b) A maximum of two (2) open top trash containers (1 - 40 yard and 1 - 10 yard) shall be placed in the area designated on Exhibit "A"; c) A construction/perimeter fence shall be constructed around the "Seatrain" containers and trash containers; d) Maximum number of employees outside during the hours of 9:00 pm to 6:30 am shall be six (6); e) A maximum of one forklift may be utilized outside during the hours of 9:00 pm to 6:30 am; f) This Temporary Use Permit does not nullify Chapter 9.16 (Noise) of the Municipal Code. All operations shall comply with this chapter and any violations may be enforced per Section 9.16.080 or by the revocation of this permit. Any complaints related to noise received from adjacent neighbors shall allow a review of the permit by the Planning Commission or City Council. RESOLUTION NO. PAGE 5 g) Renovation of interior space and subsequent merchandizing must comply with Section 16.52.220 (Limitations on retail stores in excess of ninety thousand square feet). . h) No additional exterior lighting shall be allowed without the authorization of the Community Development Director. . i) Exterior paint color shall match the existing stucco color. A 4-foot by 4-foot test patch of each color shall be applied for the review of the Community Development Director before the building is painted. j) The wood fence shall be replaced with a fence of similar style, material and finish. k) The smoking lounge as depicted in detail 2/A2 of Exhibit "B" shall not be installed due to its reduction of usable stockroom area. I) The unauthorized outdoor retail sales "Garden Center" shall be removed prior to January 10, 2006 and shall not be reestablished unless and until approved by required Conditional Use Permit, subject to separate application including Planning Commission and City Council public hearings. 3. 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. 4. The project shall comply with the most recent editions of the California State Fire and Building Code and the Uniform Building and Fire Code as adopted by the City of Arroyo Grande. 5. The applicant shall comply with Municipal Code Section 8.32.200 related to the mandatory recycling of construction and demolition debris. 6. A safety monitor shall be on site during all construction activities. RESOLUTION NO. 3901 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 Resolution No. 3901 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 10th day of January 2006. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this"11th day of January 2006.