HomeMy WebLinkAboutCC 2025-05-27_09h 2025 Summer Concert Series Fee WaiverItem 9.h.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Director of Community Development
BY: Patrick Holub, Associate Planner
SUBJECT: Temporary Use Permit 25-003; Authorization for Sale of Beer and Wine
at the 2025 Summer Concert Series, and an Application Fee Waiver;
Location Heritage Square Park; Applicant – Arroyo Grande Rotary
Club
DATE: May 27, 2025
RECOMMENDATION:
1) Adopt a Resolution approving Temporary Use Permit 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; and
2) Find the action exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15304 of the CEQA Guidelines.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The applicant, Arroyo Grande Rotary Club (AGRC), is requesting a waiver of application
fees for the Temporary Use Permit, which totals $405.30. Due to the annual nature of the
request, the staff time required to review the proposal and prepare the staff report is
minimal compared to a one-time event; therefore, it is recommended that the fee waiver
request be approved. Ten percent (10%) of gross revenue from beer and wine sales will
be remitted to the Recreation Services Department.
BACKGROUND:
The Summer Concert Series are annual concert events in which visitors bring their own
lawn chairs and blankets to congregate on the Nelson Green at Heritage Square Park,
while musical performances are conducted on the Rotary Bandstand. The Summer
Concert Series is a City program, which is being organized by the Recreation Services
Department for a fifth year, rather than being organized by a local sponsor. While the
concerts are organized by the City, the AGRC has submitted an application for a
Temporary Use Permit to allow for the sale and consumption of beer and wine at the 2025
Heritage Square Park Summer Concert Series (the “Event”). The request for alcohol sales
necessitates the approval of a Temporary Use Permit by the City Council. The City
Page 141 of 236
Item 9.h.
City Council
Temporary Use Permit 25-003; Authorization for Sale of Beer and Wine at the
2025 Summer Concert Series, and an Application Fee Waiver; Location Heritage
Square Park; Applicant – Arroyo Grande Rotary Club
May 27, 2025
Page 2
Council approved permits for beer and wine at six previous Summer Concert Series and
no issues associated with the alcohol sales were reported to the Police or Community
Development Departments.
The AGRC is requesting that the City Council allow the sale of beer and wine for a seventh
year at the Event as an additional amenity for Event patrons. The benefits identified by
the applicant include increased revenue from alcohol sales beyond those realized through
the sale of hot dogs, non-alcoholic drinks, and ice cream at the Event, as well as the
establishment of additional promotional opportunities with new partners.
The City may approve a temporary use permit for the sale of beer and wine at the event
pursuant to AGMC § 16.16.0901. The City may authorize a fee waiver through the
authority found in City Council Resolution 3760, adopted and approved July 13, 2004.
Staff Advisory Committee
In accordance with conditions of approval for last year’s permit, the Staff Advisory
Committee (SAC) held a debrief meeting during and at the conclusion of the Event to
evaluate its success. No issues with public intoxication or public health, safety, or welfare
were noted and the Event was considered a success.
The SAC reviewed this year’s proposal on May 7, 2025. The SAC was in support of the
project with the same conditions of approval included for the 2024 Event to ensure a safe
and successful experience.
ANALYSIS OF ISSUES:
The Summer Concert Series begins July 4, 2025, and continues each Sunday through
the summer, concluding on September 21, 2025, for a total of thirteen (13) events. Beer
and wine sales would occur during each of the concerts, which are scheduled to occur
from 1:00 PM – 3:00 PM, except for the concerts on July 4, which are scheduled from
11:00 AM to 4:00 PM. Sales and identification checks would be conducted by AGRC
volunteers in accordance with the conditions of the one -day license issued by the
California Department of Alcoholic Beverage Control (ABC) for each occurrence of the
event. Similar to last year’s Event, the applicant is proposing to not fence off the Nelson
Green, opting to use the entire lawn area for alcohol consumption during the Event.
Fencing
The need for fencing was discussed during processing of permits for Events held in
previous years and it was determined that safety and public welfare will be met without
fencing around the Heritage Square Park lawn area to contain the consumption of alcohol.
1https://library.municode.com/ca/arroyo_grande/codes/code_of_ordinances?nodeId=CD_ORD_TIT16DE
CO_CH16.16LAUSPEAP_16.16.090MIUSPEEMUS
Page 142 of 236
Item 9.h.
City Council
Temporary Use Permit 25-003; Authorization for Sale of Beer and Wine at the
2025 Summer Concert Series, and an Application Fee Waiver; Location Heritage
Square Park; Applicant – Arroyo Grande Rotary Club
May 27, 2025
Page 3
In accordance with requirements of the ABC, the public sidewalks surrounding the lawn
area act as the boundary for alcohol consumption, and therefore, fencing is not required.
This boundary will be enforced with appropriate signage and trained personnel provided
by AGRC serving as security. Recreation Services staff will be on site during the events,
will ensure the signage is posted, and help address any monitoring issues that arise.
Attendee Identification
The Event does not require the sale of entrance tickets like other events where alcohol is
consumed. Therefore, the screening process to ensure lawful consumption is necessary.
This will be closely monitored by AGRC volunteers to ensure only persons of legal
drinking age will be able to buy and consume beer and wine. The AGRC will provide
volunteers that have completed the Responsible Beverage Service T raining Program
from the ABC to prevent service of alcohol to underage or intoxicated individuals and
monitor for proper identification.
Trash and Recycling
If authorized for the sale of beer and wine, the potential for increased trash and recyclable
material increases. Therefore, the applicant will be required to add at least 5 more
temporary/cardboard trash and recycling receptacles, with a trash liner, and place them
at appropriate locations around the park. At the end of each event, the bags of materia l
will be placed near the sidewalk so that City Public Works staff can more easily load them
onto a truck for disposal and recycling.
Fee Waiver
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 $405.30
in revenue. Revenue from application fees is used to offset the costs of processing the
application. City Council approved fee waiver requests for the Event in 2019, and 2021-
2024. 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. The Community Development Director has the authority to
waive the fees for TUPs that do not require City Council approval when an event is
operated solely by volunteers and one hundred percent of net revenues are donated to a
charitable cause.
The Event will be staffed by AGRC volunteers and as a 501(c)3 organiza tion, all proceeds
will go towards philanthropic endeavors in the community. The Event also provides
additional exposure of the City and its amenities to the public. It also brings attendees to
the Village, which can have a direct economic benefit to businesses in the area, and the
City through increased sales, and therefore, increased sales tax revenue. While this
exposure cannot be directly quantified, it remains beneficial. Lastly, the City Council has
previously established through adoption of Resolution No. 3760 (Attachment 2) the
Page 143 of 236
Item 9.h.
City Council
Temporary Use Permit 25-003; Authorization for Sale of Beer and Wine at the
2025 Summer Concert Series, and an Application Fee Waiver; Location Heritage
Square Park; Applicant – Arroyo Grande Rotary Club
May 27, 2025
Page 4
blanket waiver of application fees for similar annual events. Although this event is not
identified on this list, the evolving annual nature of the event may be deemed consistent
with the intent of the policy. The City Council has elected to waive the fees for this
application for the previous five occurrences of the event.
ALTERNATIVES:
1. Adopt the Resolution approving Temporary Use Permit 25-003, including an
authorization to waive the application fee;
2. Modify and adopt the Resolution approving Temporary Use Permit 25-003, but do
not authorize waiver of the application fee such that language authorizing such fee
waiver is deleted;
3. Modify as appropriate and adopt the Resolution, approving Temporary Use Permit
25-003;
4. Do not adopt the Resolution; or
5. Provide other direction to staff.
ADVANTAGES:
The Summer Concert Series is a well-attended event that holds a special place in the
heart of many in the community. Beer and wine sales at the Event will generate revenue
for the AGRC and the Recreation Services Department to continue their valuable
contributions to the community. Additionally, the sale of beer and wine at the Event would
provide attendees an additional beverage option during their time at the concerts .
DISADVANTAGES:
None identified due to the success of previous Events when beer and wine was sold.
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 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 remova l 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.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
ATTACHMENTS:
1. Resolution
Page 144 of 236
Item 9.h.
City Council
Temporary Use Permit 25-003; Authorization for Sale of Beer and Wine at the
2025 Summer Concert Series, and an Application Fee Waiver; Location Heritage
Square Park; Applicant – Arroyo Grande Rotary Club
May 27, 2025
Page 5
2. City Council Resolution 3760
Page 145 of 236
ATTACHMENT 1
RESOLUTION NO.
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.
Page 146 of 236
RESOLUTION NO.
PAGE 2
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.
Page 147 of 236
RESOLUTION NO.
PAGE 3
On motion of Council Member , seconded by Council Member ,
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this 27th day of May 2025.
Page 148 of 236
RESOLUTION NO.
PAGE 4
_________________________________________
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
Page 149 of 236
RESOLUTION NO.
PAGE 5
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 fro m 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.
Page 150 of 236
RESOLUTION NO.
PAGE 6
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 a ccess
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.
Page 151 of 236
RESOLUTION NO.
PAGE 7
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.
Page 152 of 236
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: Council Members Runels, Dickens, Lubin and Mayor Ferrara
NOES: None
ABSENT: Council Member Costello
the foregoing Resolution was passed aRd adopted this 13th day of July 2004.
w_________
ATTACHMENT 2
Page 153 of 236
RESOLUTION NO. 3760
PAGE 2
ATTEST:
lLbJkUM.JL-
ORE, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
Z~
STEV ADAMS, CITY MANAGER
APPROVED AS TO FORM:
I
Page 154 of 236
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 pe~ury, 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.
KELLY Eli ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
Page 155 of 236