CC 2019-05-14_08d TUP_Beer and Food Festival
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: ANDREW PEREZ, ASSISTANT PLANNER
SUBJECT: CONSIDERATION OF TEMPORARY USE PERMIT NO. 19-002;
AUTHORIZATION TO USE CITY PROPERTY FOR A BEER AND FOOD
FESTIVAL ON SATURDAY, OCTOBER 12, 2019, AND WAIVER OF
APPLICATION FEES; LOCATION – HERITAGE SQUARE PARK;
APPLICANT – ARROYO GRANDE VILLAGE IMPROVEMENT
ASSOCIATION; REPRESENTATIVE – BOB LUND
DATE: MAY 14, 2019
SUMMARY OF ACTION:
Approval of the permit will allow a beer and food festival to occur at Heritage Square Park
on October 12, 2019.
IMPACT TO FINANCIAL AND PERSONNEL RESOURCES:
There is no direct funding impact anticipated as a result of this event. The project is
conditioned to require the applicant to provide adequate restroom and trash facilities for
the event and any City expenses will be reimbursed. These expenses are anticipated to
be minimal, if any. Approval of the application fee waiver request would result in a $256
loss in revenue.
RECOMMENDATION:
It is recommended the City Council adopt a Resolution approving Temporary Use Permit
19-002 and waiver of application fees.
BACKGROUND:
The applicant has submitted an application for a Temporary Use Permit to utilize Heritage
Square Park for a beer and food festival to be held on October 12, 2019, called the “Arroyo
Grande Beer Feast,” and hosted by the Arroyo Grande Village Improvement Association
(AGVIA). The applicant proposes to utilize Heritage Square Park between the hours of
9:00 am and 9:00 pm for setup and teardown of the event, with the event occurring
between the hours of 2:00 pm and 6:00 pm. The applicant indicates this will be a high-
end event featuring thirty (30) breweries, and ten (10) food vendors. The number of tickets
available for the event will increase from the 500 offered last year, to 625 this year. Waist-
high fencing will be utilized at the back of the adjacent sidewalks to close the event, and
only persons 21 years of age and older will be admitted into the event. Food vendors will
Item 8.d. - Page 1
CITY COUNCIL
CONSIDERATION OF TEMPORARY USE PERMIT NO. 19-002
MAY 14, 2019
PAGE 2
be comprised of Village restaurants first, with expansion of the invitation to restaurants
outside of the Village after that. Live music is proposed at the Rotary Bandstand during
the event. The AGVIA will provide security as approved by the City of Arroyo Grande
Police Department and provide Swinging Bridge security as needed.
Staff Advisory Committee
The Staff Advisory Committee (SAC) reviewed the proposed project on April 17, 2019.
Members of the SAC discussed several aspects of the project and concluded that there
would be no foreseeable issues with parking, neighbors, or security. The SAC was in
support of the project with conditions of approval included in the prepared Resolution to
ensure a safe and successful event.
ANALYSIS OF ISSUES:
The proposed event will bring a significant number of participants to Heritage Square Park
in the Village. The proposal for such a large event on City property and the request to
reserve street parking adjacent to the event site necessitates Council’s approval of the
Temporary Use Permit. The purpose of the Temporary Use Permit is to ensure the event
is conducted in a manner that is compatible with the surrounding area and results in a
successful event for the applicant, the attendees, the neighbors and the City.
Parking
The applicant is not requesting reservation of parking within City owned parking lots as is
typically requested for other events in the Village area. However, the applicant is
requesting the reservation of street parking directly adjacent to the park for several
purposes, including parking for cabs, loading and unloading of equipment and parking of
vehicles for the breweries and restaurants, pickup of attendees by designated drivers,
cabs, or other accommodations.
Attendee Identification
The event is proposed to be open only to those individuals who purchase tickets. Presale
tickets will be sold, with any additional tickets being available for purchase at the event.
Attendees paying to taste beer will be given wristbands identifying their allowed
participation. Designated drivers will be able to attend the event to eat food, but will be
given a different wristband to identify them as drivers, and will not be provided the tasting
glass. Individuals under 21 and those who do not have wristbands will not be permitted
into the event area. Private security personnel required for the event will immediately
remove individuals found in the event without proper wristbands.
Restrooms
The applicant is required to provide adequate restrooms in addition to the restrooms
located in Heritage Square Park. During last year’s event, additional restrooms were
located on the Short Street side of the venue. Consistent with this event in prior years,
the 2019 event map designates three restrooms outside of the fencing, should the
permanent restroom facilities be inadequate for the number of attendees at this year’s
event.
Item 8.d. - Page 2
CITY COUNCIL
CONSIDERATION OF TEMPORARY USE PERMIT NO. 19-002
MAY 14, 2019
PAGE 3
Waiver of Application Fees
The applicant has requested the application fees associated with the Temporary Use
Permit application be waived. If approved, this waiver would result in the loss of $256 in
revenue. This revenue is used to offset the costs of processing the application. The event,
now in its fourth year, has traditionally received a fee waiver and is recommended to do
so again this year. Although the time necessary to process the application the first year
was higher, subsequent years have resulted in less impact to personnel resources due
to increased familiarity with the event. Although the City does not directly profit from the
Beer Feast, it does bring over 500 attendees to the Village, which can have a direct
economic benefit to businesses in the area, resulting in increases in sales tax. The event
also provides additional exposure of the City and its amenities to the public. While this
exposure cannot be directly quantified, it remains beneficial. Lastly, the Council has
previously established through adoption of Resolution No. 3760 (Attachment 3) the
blanket waiver of application fees for similar annual events. These events include the Car
Sho, Harvest Festival, and Strawberry Festival. Although the Beer Feast is not identified
on this list, the evolving annual nature of the event is consistent with the intent of the
policy.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the attached Resolution approving Temporary Use Permit 19-002 and
waiver of application fees;
2. Modify as appropriate and adopt the attached Resolution approving Temporary
Use Permit 19-002 and waiver of application fees;
3. Do not adopt the attached Resolution, take tentative action to deny the temporary
use, and provide direction to staff on specific findings for denial of Temporary Use
Permit 19-002; or
4. Provide direction to staff.
ADVANTAGES:
The event, now in its fourth year, has become an annual event that is well attended and
viewed as a successful event. This event will continue to provide an opportunity for local
restaurants to showcase their food and will draw additional interest to the City, spurring
the local economy.
DISADVANTAGES:
The event will bring a large number of people to an event where alcohol will be consumed.
This can cause noise issues with the nearby residences and impaired motor vehicle
operation is a possibility. Conditions of approval requiring resident notification and the
applicant providing incentives for designated drivers to attend the event aim to minimize
the potential negative impacts and ensure a successful event.
Item 8.d. - Page 3
CITY COUNCIL
CONSIDERATION OF TEMPORARY USE PERMIT NO. 19-002
MAY 14, 2019
PAGE 4
ENVIRONMENTAL REVIEW:
In compliance with the California Environmental Quality Act (CEQA), it has been
determined that this project is Categorically Exempt per Section 15304(e) of the CEQA
Guidelines regarding minor temporary use of land.
PUBLIC NOTIFICATION AND COMMENTS:
A condition of approval has been developed requiring the applicant to mail or hand deliver
notification of the event to all affected Village residents one week before the event.
The Agenda was posted in at City Hall and on the City’s website in accordance with
Government Code Section 54954.2. At the time of report publication, no comments had
been received.
Attachments:
1. Letter from the Village Improvement Association
2. 2019 event map
3. Resolution No. 3760
Item 8.d. - Page 4
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING TEMPORARY USE PERMIT
NO.19-002 AND WAIVER OF APPLICATION FEES;
AUTHORIZATION TO USE CITY PROPERTY FOR A BEER AND
FOOD FESTIVAL ON OCTOBER 12, 2019; LOCATED AT
HERITAGE SQUARE PARK; APPLIED FOR BY THE ARROYO
GRANDE VILLAGE IMPROVEMENT ASSOCIATION
WHEREAS, the Arroyo Grande Village Improvement Association (VIA), organizers
of the Arroyo Grande Beer Feast event, have requested the use of Heritage Square
Park for the operation of a beer and food festival, and a waiver of application fees;
and
WHEREAS, the purpose of the Temporary Use Permit is to ensure the event is
conducted in a manner that is compatible with the surrounding area; and
WHEREAS, members of the VIA will be responsible for costs associated with
security, cleanup, and payment of all related fees and costs for use of City property
and City employee time related to the event; and
WHEREAS, the City Council finds, after due study and deliberation that the following
circumstances exist:
Temporary Use Permit Findings:
1. The operation of the requested use at the location proposed and within the
time period specified will not jeopardize, endanger, or otherwise constitute a
menace to the public health, safety, or general welfare.
The operation of the requested use at the location proposed and within
the time period specified will not jeopardize, endanger or constitute a
menace because the site will be contained via fencing, security will be
provided, the attendees will be identified with wristbands, and
restrooms will be provided to prevent disruptions to the public health,
safety, or general welfare.
2. The proposed site is adequate in 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.
The proposed site is adequate in size and shape to accommodate the
temporary use without detriment to the use and enjoyment of other
properties located adjacent to and in the vicinity of the site because the
event will be contained by fences and the VIA will provide security, the
Item 8.d. - Page 5
RESOLUTION NO.
PAGE 2
proposed site functions as a permanent park, and is accustomed to a
higher flow of visitors on the site.
3. The proposed site is adequately served by streets or highways having
sufficient width and improvements to accommodate the kind and quantity of
traffic that the temporary use will or could reasonably be expected to generate.
The proposed site is adequately served by South Mason and Nelson
Streets, which are of significant width and improvements to
accommodate the kind and quantity of traffic that the temporary use will
generate.
4. Adequate temporary parking to accommodate vehicular traffic to be generated
by the use will be available either on- site or at alternate locations acceptable
to the City Council.
Adequate temporary parking to accommodate vehicular traffic to be
generated is available because Heritage Park is located in a
commercial district that has ample public parking for visitors.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves the request for the waiver of application fees for the event,
due to the event’s annual nature and limited impact on personnel resources to
process through entitlement, consistent with the policy established by Resolution No.
3760.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Arroyo Grande hereby approves Temporary Use Permit 19-002, authorizing the
use of City property as presented to the City Council on May 14, 2019, 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 of , seconded by , and on the following roll call vote, to
wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this 14th day of May, 2019.
Item 8.d. - Page 6
RESOLUTION NO.
PAGE 3
_________________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
________________________________________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
________________________________________
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
________________________________________
HEATHER K. WHITHAM, CITY ATTORNEY
Item 8.d. - Page 7
RESOLUTION NO.
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL FOR
TEMPORARY USE PERMIT NO. 19-002
This approval authorizes the use of Heritage Square Park and on street parking on
the west side of Mason Street, north side of Nelson Street, and east side of Short
Street adjacent to the park for a beer and food festival from 2:00 pm to 6:00 pm on
Saturday, October 12, 2019.
General Conditions
1. The Arroyo Grande Village Improvement Association (VIA) 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 office.
3. The VIA shall comply with all the conditions of the City Council Resolution
adopted on May 14, 2019.
4. The VIA shall agree to defend, indemnify and hold harmless the City, its
agents, officers, and employees harmless, at its sole expense from any action
brought against the City, its agents, officers, or employees because of said
approval, or in the alternative, to relinquish such approval. The VIA 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 the VIA of his/her obligations under this
condition.
Public Works Department Conditions
5. The VIA is responsible for providing dumpster, trash bags and enough
restroom facilities to serve the event. Any supplies the Public Works
Department may need to provide must be reimbursed by the VIA.
6. The VIA shall have an individual designated to periodically inspect the
restrooms and areas around food vendors and waste containers. That
individual shall be responsible for maintaining the cleanliness of these areas
and gathering and disposing of all debris.
7. The VIA shall reimburse the City for electrical costs associated with the event.
8. The VIA shall reimburse the City for the costs of any Public Works staff
services required for this event, including, but not limited to, restroom
maintenance, trash, etc.
9. The VIA shall remove any tape placed on streets, parking areas, and grass
after the event.
10. The VIA shall flag all sprinkler heads on turf and lawn areas to prevent
damage. The VIA shall reimburse the City for any damage to the irrigation
system at the park.
Item 8.d. - Page 8
RESOLUTION NO.
PAGE 5
Engineering Division Conditions
11. The VIA shall provide restroom facilities, barricades, and signage as required.
12. The VIA shall provide a $1,000,000 comprehensive general liability insurance
policy naming the City as additional insured by September 25, 2019.
13. The VIA shall reimburse the City for the costs of Engineering Division services
and any other City services required for this event.
Building and Life Safety Division Conditions
14. All food booths must comply with the Fire Department guidelines, and must
have County Health Department approval. The VIA will inform booth
applicants of Fire Department guidelines, and will ensure total compliance of
booth operators. The VIA will not allow non-compliant booths to operate.
15. The project shall comply with the most recent edition of the California State
Fire and Building Codes and the Uniform Building and Fire Codes as adopted
by the City of Arroyo Grande. Specifically, all temporary-wiring provisions of
the N.E.C. must be met.
16. The Building and Life Safety Division must inspect all food booths, generators
and temporary electrical service prior to the opening of the event. In lieu of
requiring a building permit for temporary electrical service, the VIA will collect
a fee of $15 per every booth utilizing an electrical connection. This fee will be
itemized by booth and submitted to the Building and Life Safety Division within
15 days of the end of the event.
17. Emergency access must be maintained to the satisfaction of the Building
Official and Fire Chief. A detailed chart or map will be provided to Building and
Life Safety Division and Fire Department for approval prior to the event,
showing placement of all booths, to include actual dimensions of access
pathways for fire apparatus and emergency vehicles.
18. The use of generators must be reviewed and approved by the Building Official.
19. The VIA shall identify an individual to act as liaison with the Fire Department
for the purpose of maintaining life and safety.
Police Department Conditions
20. All temporary "No Parking" signs shall be posted by the VIA a minimum of 48
hours prior to the event, stating the dates and times of restriction.
21.Private security personnel will be provided by the VIA, to the satisfaction of the
Chief of Police.
22. Failure to provide private licensed security will result in AGPD Officers being
assigned with expenses billed to the VIA.
Special Conditions
23. The VIA shall mail or hand deliver notification of the event to all affected
residents one week before the event, including residents on Allen Street.
Item 8.d. - Page 9
ATTACHMENT 1
Item 8.d. - Page 10
April 1, 2019
Mr. Matthew Downing, Planning Manager
City of Arroyo Grande
300 East Branch St.
Arroyo Grande, CA 93420
Dear Mr. Downing:
RECEIVED
APR O 1 2019
COMMUNITY DEVELOPMENT
CITY OF ARROYO GRANDE
I am submitting the items below for departmental review. I have attached a completed "Temporary Use
Permit".
Arroy o Grande Beer Feast -Saturday , October 12, 2019:
We request the use of the lawns and bandstand at Heritage Square Park from 9:00 a.m. to 8:oo p.m. Saturday,
October 1~2019. The event hours will be from 2:00 to 6:oo p.m.
25% of the net proceeds of this event will be contributed to the Five Cities Meals on Wheels, a California non-
profit 501 c 3 corporation.
The Arroyo Grande Village Improvement Association (AGVIA) will provide the necessary insurance policy to
the City by September 25, 2019.
AGVIA will obtain the necessary "Daily License Application/ Authorization" from the State of California
Department of Alcohol Beverage Control.
AGVIA will compensate the City for any extra expenses incurred as agreed upon.
AGVIA will abide by all rules and regulations that will be discussed and agreed upon.
AGVIA will provide and place all barricades and signs as necessary. The ABC requires that the Heritage Square
area be fenced off with waist high fencing. This will be done by AGVIA.
Entry areas will be monitored and only persons over 21 years old will be granted admission.
AGVIA will provide security as approved the City of Arroyo Grande Police Department.
AGIV A will provide Swinging Bridge security as needed.
This is a high end event which will be limited to thirty breweries and ten food vendors. Attendance will be
limited to 600 attendees. AGVIA will provide music at the Rotary Bandstand for the event. Tickets for
attendance will be $70.00 for general admission and $25.00 for designated drivers. Beer and food will be
served from 2:00 until 6:00.
Thank you for your consideration.
Sincerely, Bob Lund, Executive Director
Arroyo Grande Village Improvement Association
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ATTACHMENT 2
Item 8.d. - Page 11
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ATTACHMENT 3
Item 8.d. - Page 12
RESOLUTION NO. 3760
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ESTABLISHING POLICIES TO WAIVE PERMIT
APPLICATION FEES FOR C'ERTAIN ANNUAL TEMPORARY USE
PERMIT EVENTS
WHEREAS, Temporary Use Permits for certain annual events are granted application
fee refunds; and
WHEREAS, these Temporary Use Permit events meet the criteria established by the
City Council on September 25, 2001 for application fee waivers; and
WHEREAS, staff expends a substantial amount of City time and resources submitting
application fee refund requests to Administration, the City Council, and Finance;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande as follows:
1. That a list of annual Temporary Use Permit events meeting the application
fee waiver criteria be established to streamline the process of refunding
permit application fees; and
2. That the initial list of Temporary Use Permit events eligible for fee waivers
include the following events that have been granted a refund of permit
application fees in the past: the Arroyo Valley Car Show, Christmas
Caroling in the Village, Harvest Festival, March of Dimes Walk America,
Nelson Green Book Fair, Strawberry Festival, Summer Concerts in the
Village, and Watershed Education Fair; and
3. That Temporary Use Permit events will be added or removed from the fee
waiver list only by action of the City Council.
On motion of Council Member Runels, seconded by Council Member Dickens, and on
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Runels, Dickens, Lubin and Mayor Ferrara
None
Council Member Costello
the foregoing Resolution was passed aRd adopted this 13th day of July 2004.
Item 8.d. - Page 13
RESOLUTION NO. 3760
PAGE 2
ATTEST:
~llilc/tVML-
LlYETORE, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Item 8.d. - Page 14
RESOLUTION NO. 3760
OFFICIAL CERTIFICATION
I, KELLY WETMORE, Director of Administrative Services/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 Resolution No. 3760 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 13th day of July, 2004.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th
day of July, 2004.
Et ORE, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK