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Home My WebLink AboutR 5330 RESOLUTION NO. 5330 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE NO. 23-009 AUTHORIZING "HALLOWEEN IN THE VILLAGE" ON TUESDAY, OCTOBER 31, 2023 AND DIRECTING STAFF TO IMPLEMENT RELATED SAFETY MEASURES INCLUDING NO PARKING ZONES AND STREET CLOSURES AND FINDING THE ACTION EXEMPT FROM CEQA WHEREAS, the applicant, Krista Bandy, applied for a Temporary Use Permit for the Halloween in the Village event which, amongst other things, is necessary to establish conditions to ensure the safety of the event; and WHEREAS, the implementation of safety measures including no parking zones and street closures will help to facilitate a safe Halloween for all individuals participating in the event and traveling through the Village area; and WHEREAS, the Arroyo Grande Municipal Code (AGMC) provides for the issuance of Temporary Use Permits in AGMC 16.16.090 for events such as "Halloween in the Village", AGMC Section 10.16.050 authorizes the City Council to restrict parking on any street, and California Vehicle Code Section 21101(e) authorizes the closure of streets for parades and local special events. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve Temporary Use Permit 23-009 authorizing the following actions, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. CEQA. This action is exempt from review under the California Environmental Quality Act (CEQA) per Section 15304(e), which authorizes an exemption for minor temporary uses of land that have negligible or no permanent effects on the environment. 3. Findings. a) The operation of the requested use at the locations proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare due to the use of traffic safety equipment and dedicated local law enforcement personnel. b) The City streets to be used are adequate in size and shape to accommodate the trick- or-treat event without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the Event. RESOLUTION NO. 5330 PAGE 2 c) 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 Event will or could reasonably be expected to generate. d) Adequate temporary parking to accommodate vehicular traffic to be generated by the Event is available throughout the City. e) In accordance with Vehicle Code 21101(e), closure of the particular streets is necessary for the safety or protection of persons who are to use that portion of the street. Sidewalks and streets become crowded during this event and disallowing vehicle traffic ensures that attendees can safely enjoy the event. Street closure also allows for the efficient operation of the event, and increases the safety for pedestrians when crossing the street. 4. Establishment of No Parking Zones, Street Closures and Detour. a. The establishment of a "No Parking" zone on East and West Branch Streets between Traffic Way and Mason Street between the hours of 3:00PM and 7:00PM on the day of the event; b. "No Parking" at the corner of Mason Street and Nelson Street (to allow turning movement for commercial trucks) between the hours of 3:00PM and 7:00PM on the day of the event; c. The closure of West and East Branch Street from Traffic Way to Mason Street between the hours of 3:00PM and 7:00PM on the day of the event; 5. The closure of intersections or major driveways onto East and West Branch Street including Bridge Street, Short Street, the Car Corral, and Nevada Street between the hours of 3:00PM and 7:00PM on the day of the event; 6. The implementation of a detour which routes automobile and truck traffic onto Traffic Way, Nelson Street and Mason Street and delineating a widened turning lane on East Branch Street at Mason Street for commercial trucks between the hours of 3:00PM and 7:00PM on the day of the event. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Arroyo Grande does hereby approve Temporary Use Permit 23-009 authorizing the following actions for the Halloween in the Village: On motion of Mayor Pro Tem Barneich, seconded by Council Member George, and on the following roll call vote, to wit: AYES: Council Members Barneich, George, Guthrie, Secrest, and Mayor Ray Russom NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 10th day of October, 2023. RESOLUTION NO. 5550 PAGE 3 . II CAREN RAY "IllirSOM, MAYOR ATTEST: f SICA MATSON, CITY CLERK APPROVED AS TO CONTENT: BILL ROBESON, INTERIM CITY MANAGER APPROVED AS TO FORM: 4 / ISAA S;'•SEN, CI Y TTORNEY RESOLUTION NO.-3;c) PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TEMPORARY USE PERMIT NO. 23-009 GENERAL CONDITIONS: 1. This Temporary Use Permit authorizes "Halloween in the Village" and directs staff to implement related safety measures including no parking zones and street closures on Tuesday, October 31, 2023. 2. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 3. The event shall occur in substantial conformance with the application and plans on file in the Community Development Department. 4. The applicant shall comply with all of the Conditions of Approval for Temporary Use Permit 23-009. 5. The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said 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. 6. The applicant shall notify all affected businesses and residents of street closures and parking restrictions at least 48 hours prior to the event. 7. The applicant shall clean up all debris associated with the event to the satisfaction of the Public Works Director. 8. Traffic detouring shall be coordinated with the Police Department. 9. The Public Works Department shall be responsible for ordering and directing the setup of all traffic control equipment through a private purveyor. 10. The applicant shall provide a $1,000,000 commercial general liability insurance policy naming the City as additional insured, subject to approval by the City Attorney. Proof of the insurance shall be submitted to the Director of Legislative and Information Services ten (10) days before the event. COPY 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. 5330 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 October, 2023. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13th day of October, 2023. `JESSICA MATSON, CITY CLERK