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RESOLUTION NO. 2025-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING TEMPORARY USE PERMIT
NO. 25-003 TO ALLOW THE SALE OF BEER AND WINE AT THE
2025 HERITAGE SQUARE PARK SUMMER CONCERT SERIES
AND APPROVING A WAIVER OF FEES
WHEREAS, the 2025 Heritage Square Park Summer Concert Series (the “Event”) is
a City program organized by the Recreation Services Department; and
WHEREAS, the Arroyo Grande Rotary Club (AGRC) have requested permission for
the sale of beer and wine at the Event; and
WHEREAS, beer and wine sales organized by the AGRC during the 2018, 2019,
2021-2024 Events were successfully implemented; and
WHEREAS, the AGRC submitted a request to waive the $405.30 application fee; 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 AGRC will be responsible for monitoring identification
and consumption of alcoholic beverages during the Event; and
WHEREAS, the City Council finds, in accordance with the requirements of Arroyo
Grande Municipal Code Section 16.16.090 and City Council Resolution 3760, 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 operation of the requested use at the location proposed and within
the time periods 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.
RESOLUTION NO. 2025-034
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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 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 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.
Waiver of Temporary Use Permit Fees Finding.
1. The project will be of obvious public benefit because generating revenue for
the Recreation Service Department and a local non -profit organization will help
those organizations carry out their respective missions which both are
beneficial to the entire community.
NOW, THEREFORE, BE IT RESOLVED that:
1. All recitals above are true, correct, and incorporated herein.
2. The City Council of the City of Arroyo Grande hereby approves Temporary Use
Permit 25-003, authorizing the sale of beer and wine at the 2025 Heritage Square
Park Summer Concert Series as presented to the City Council on May 27, 2025, with
the above findings and subject to the conditions as set forth in Exhibit "A", attached
hereto and incorporated herein by this reference.
3. Environmental. 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 uses of land.
Specifically, a Class 4 exemption, applies to minor public or private alterations in the
condition of land, water, and/or vegetation where the project does not involve removal
of healthy, mature, scenic trees except for forestry and agricultural purposes. (State
CEQA Guidelines, § 15304.) Further, none of the exceptions to the Class 4
exemptions set forth in State CEQA Guidelines section 15300.2 apply.
4. The City Council of the City of Arroyo Grande hereby approves the fee waiver
request for the Temporary Use Permit application processing fee.
RESOLUTION NO. 2025-034
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On motion of Council Member Guthrie, seconded by Council Member Secrest, and
on the following roll call vote, to wit:
AYES: Council Members Guthrie, Secrest, Loe, Maraviglia, and Mayor Ray Russom
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 27th day of May 2025.
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
RESOLUTION NO. 2025-034
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RESOLUTION NO. 2025-034
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EXHIBIT "A"
CONDITIONS OF APPROVAL FOR
TEMPORARY USE PERMIT NO. 25-003
This approval authorizes the sale of beer and wine from 11:00 AM – 4:00 PM on July
4, 2025, and from 1:00 – 3:00 PM for the remainder of the 2025 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 May 27, 2025.
4. To the extent permitted by law, Applicant shall defend, indemnify and hold
harmless the City of Arroyo Grande, its City Council, its officers, employees and
agents (the “indemnified parties”) from and against any claim, action, or
proceeding brought by a third party against the indemnified parties and the
applicant to attack, set aside, or void any permit or approval for this project
authorized by the City, including (without limitation) reimbursing the City its
actual attorney’s fees and costs in defense of the litigation. The City may, in its
sole discretion, elect to defend any such action with attorneys of its choice. The
Applicant shall reimburse the City for any court and attorney's fees which the
City may be required to pay as a result of any claim or action brought against
the City related to this permit or approval. Although the Applicant is the real party
in interest in an action, the City may, at its sole discretion, participate at its own
expense in the defense of the action, but such participation shall not relieve the
Applicant of any obligation 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.
10. AGRC shall remit ten percent (10%) of gross revenue from beer and wine
sales to the Recreation Services Department.
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Public Works Department Conditions
11. 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.
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 June 30, 2025.
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 by AGRC a minimum of 48
hours prior to event setup. Delineators for no parking signage may be
borrowed from the Public Works Department. Pickup must be coordinated at
least 48 hours in advance by calling 805-473-5485.
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. 2025-034 was passed and adopted at a regular meeting
of the City Council of the City of Arroyo Grande on the 27th day of May, 2025.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th day
of May, 2025.
JESSICA MATSON, CITY CLERK