R 5209 RESOLUTION NO. 5209
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING TEMPORARY USE PERMIT
NO.22-007 AND A WAIVER OF FEES; AUTHORIZATION FOR
THE SALE OF BEER AND WINE AT THE 2022 HERITAGE
SQUARE PARK SUMMER CONCERT SERIES; APPLIED FOR
BY THE ARROYO GRANDE ROTARY CLUB
WHEREAS, the Arroyo Grande Rotary Club (AGRC) has requested permission for
the sale of beer and wine at the 2022 Heritage Square Park Summer Concert Series
(the "Event"); and
WHEREAS, beer and wine sales organized by the AGRC during the 2018, 2019, and
2021 Events were successfully implemented; and
WHEREAS, the AGRC submitted a request to waive the $294 Temporary Use Permit
(TUP) application fee; and
WHEREAS, the purpose of the TUP is required to ensure the Event is conducted in
a manner that is compatible with the surrounding area; and
WHEREAS, members of the AGRC will be responsible for monitoring and controlling
the lawful consumption of alcoholic beverages during the Event; and
WHEREAS, the City Council finds, after due study and deliberation, 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 requested use at the location proposed and within the time period
specified will not jeopardize, endanger or constitute a menace because
the AGRC will have trained personnel monitoring individuals
purchasing and consuming alcohol 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
RESOLUTION NO. 5209
PAGE 2
properties located adjacent to and in the vicinity of the site due to the
Event being monitored by AGRC personnel.
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 sufficient 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 Temporary Use Permit 22-007, authorizing the sale of beer
and wine at the 2022 Heritage Square Park Summer Concert Series as presented to
the City Council on June 28, 2022, with the above findings and subject to the
conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this
reference.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Arroyo Grande hereby approves the fee waiver request for the Temporary Use
Permit application processing fee.
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 Mayor Ray Russom
NOES: None
ABSENT: Council Members Barneich, and George
the foregoing Ordinance was adopted this 28th day of June, 2022.
RESOLUTION NO.5;109
PAGE 3
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CAREN RAY ' :SOM, MAYOR
ATTEST:
*
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
ear _ no r`r
WHITNEY MCD y NALD, CITY MANAGER
APPROVED AS TO FORM:
TIMOTH J. CARMEL, CITY ATTORNEY
RESOLUTION NO. 5209
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL FOR
TEMPORARY USE PERMIT NO. 22-007
This approval authorizes the sale of beer and wine from 11:00 AM — 4 PM on July 4,
2022, and from 1:00 — 3:00 PM for the remainder of the 2022 Heritage Square Park
Summer Concert Series.
General Conditions
1. The Arroyo Grande Rotary Club (AGRC) shall ascertain and comply with all
State, County and City requirements as are applicable to this project,
specifically all Department of Alcoholic Beverage Control requirements.
2. The event shall occur in substantial conformance with the application and
plans on file in the Community Development Department office.
3. The AGRC shall comply with all the conditions of the City Council Resolution
adopted on June 28, 2022.
4. The AGRC 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 AGRC 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 AGRC of their obligations under this
condition.
5. The AGRC shall monitor alcohol sales to ensure alcoholic beverages are
served to responsibly behaving persons over the age of twenty-one (21).
6. Consumption of alcoholic beverages shall be limited to the Heritage Square
Park lawn area. The playground area shall be excluded from the consumption
area. Appropriate signage shall be posted outlining these rules and
restrictions.
7. Requests to continue alcoholic beverage sales in future years shall be made
through the Temporary Use Permit process.
8. The AGRC shall utilize an easily identifiable (i.e. colored or similar) glass for
the sale of alcohol to help ensure attendees are not bringing their own
alcoholic beverages.
9. The Staff Advisory Committee shall conduct a debriefing following the
conclusion of the first few events to evaluate the success of the event.
Public Works Department Conditions
10. The AGRC is responsible for providing 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 AGRC.
11. The AGRC shall provide at least (five) 5 more temporary/cardboard trash and
recycling receptacles, with liners, and place them at appropriate locations
RESOLUTION NO. 5209
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around the park. At the end of each event, the bags of material will be placed
near the sidewalk for pickup by Public Works staff.
12. The AGRC 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.
13. The AGRC shall reimburse the City for electrical costs associated with the
event.
14. The AGRC 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.
15. The AGRC shall remove any tape placed on streets, parking areas, and grass
after the event.
16. The ARGC shall flag all sprinkler heads on turf and lawn areas to prevent
damage. The AGRC shall reimburse the City for any damage to the irrigation
system at the park.
17. The AGRC shall abide by all terms and conditions of the Park Use Permit
issued by the Recreation Services Department.
Engineering Division Conditions
18. Restroom facilities, barricades, and signing shall be provided by the AGRC as
required.
19. The AGRC shall provide a $1,000,000 comprehensive general liability
insurance policy naming the City as additional insured by July 1, 2022.
20. The AGRC 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
21. All food booths must comply with the Fire Department guidelines, and must
have County Health Department approval. The AGRC will inform booth
applicants of Fire Department guidelines, and will ensure total compliance of
booth operators. The AGRC will not allow non-compliant booths to operate.
22. 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.
23. 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.
24. The use of generators must be reviewed and approved by the Building Official.
25. The AGRC shall identify an individual to act as liaison with the Fire Department
for the purpose of maintaining life and safety.
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Police Department Conditions
26. All temporary "No Parking" signs shall be posted a minimum of 48 hours prior
to event setup.
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. 5209 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 28th day of June, 2022.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30th day of
June, 2022.
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'JESSICA MATSON, CITY CLERK