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Home My WebLink AboutR 2025-035 RESOLUTION NO. 2025-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO. 25-002 TO ALLOW THE CONSUMPTION OF ALCOHOL AT A PRIVATE COMPANY PICNIC WHEREAS, the 2025 Kitchell Corporation Employee Picnic (the “Event”) is a private event organized by the Kitchell Corporation; and WHEREAS, the applicant has requested permission for the consumption of alcohol at the Event; and WHEREAS, alcohol consumption at Heritage Square Park for previous events has been successfully implemented; 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 Kitchell Corporation will be responsible for monitoring identification and 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 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 applicant will have personnel monitoring individuals 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 properties located adjacent to and in the vicinity of the site due to the Event being monitored by personnel. RESOLUTION NO. 2025-035 PAGE 2 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 by the City Council of the City of Arroyo Grande as follows: 1.The above recitals are true and correct and incorporated herein by reference. 2.The City Council of the City of Arroyo Grande hereby approves Temporary Use Permit 25-002, authorizing the consumption of alcohol at the 2025 Heritage Square Park Kitchell Corporation Company Picnic 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. 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. 2025-035 PAGE 3 RESOLUTION NO. 2025-035 PAGE 4 EXHIBIT A CONDITIONS OF APPROVAL FOR TEMPORARY USE PERMIT NO. 25-002 This approval authorizes the consumption of alcohol from 11:00 AM – 4:00 PM on June 21, 2025. General Conditions 1. The Kitchell Corporation (applicant) 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 applicant 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 applicant 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. The applicant 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. 8. 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 9. The applicant shall abide by all terms and conditions of the Park Use Permit issued by the Recreation Services Department. RESOLUTION NO. 2025-035 PAGE 5 Engineering Division Conditions 10. Restroom facilities, barricades, and signing shall be provided by the applicant as required. Building and Life Safety Division Conditions 11. 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. 12. Emergency access must be maintained to the satisfaction of the Building Official and Fire Chief. 13. The use of generators must be reviewed and approved by the Building Official. 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. 2025-035 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