HomeMy WebLinkAboutCC 2025-05-27_09i Request to Serve Alcohol_Heritage Square ParkItem 9.i.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Director of Community Development
BY: Shayna Gropen, Assistant Planner
SUBJECT: Temporary Use Permit 25-002; Authorization to Serve Alcohol at
Heritage Square Park; Applicant – Kitchell Corporation
DATE: May 27, 2025
RECOMMENDATION:
1) Adopt a Resolution approving Temporary Use Permit 25 -002 to allow the consumption
of alcohol at a private company picnic; 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 has paid the Temporary Use Permit fee , park reservation fee, and the
Public Safety and Welfare fee. No future staff time is projected.
BACKGROUND:
Kitchell Corporation has submitted a request for a Temporary Use Permit (TUP) to allow
the service and consumption of alcohol at its annual company picnic, proposed to take
place on Saturday, June 21st, 2025, at Heritage Square Park. The applicant reserved the
park through the proper process with Recreation Services Department staff for the picnic.
The event will be private, limited to employees and their guests, and alcohol service will
be monitored by volunteers. The applicant has stated that appropriate safety measures
will be in place to prevent underage drinking, overconsumption, or public intoxication . The
event attendees will disperse throughout the park, primarily in the areas surrounding the
bandstand, picnic tables and benches, and the grass area.
City Council is authorized to approve a TUP to allow the service and consumption of
alcohol at Heritage Square Park pursuant to AGMC 9.04.020. In addition to the approval
of the TUP, the applicant has obtained approval of a Public Safety and Welfare Permit
from the Police Department.
Page 156 of 236
Item 9.i.
City Council
Temporary Use Permit 25-002; Authorization to Serve Alcohol at Heritage Square
Park; Applicant – Kitchell Corporation
May 27, 2025
Page 2
ANALYSIS OF ISSUES:
Alcohol consumption is proposed to occur during the course of the event, which is
scheduled to occur between 11:00 am until 4:00 pm. There will be approximately 60-70
attendees, and no nighttime activities are scheduled to take place. The event will be
catered, and background music will be played at a moderate ambient level using a
portable speaker, in compliance with AGMC 9.16.030.
Attendee Identification
The event does not require the sale of entrance tickets like other events where alcohol is
consumed. Therefore, a screening process to ensure lawful consumption is necessary.
This will be closely monitored by volunteers to ensure only people of legal drinking age
will be able to consume alcohol. Alcohol will be served exclusively in designated colored
cups and stored separately from all other food and beverage areas to promote
responsible consumption and prevent access by underage attendees.
Staff Advisory Committee (SAC)
The application was reviewed by the SAC to develop conditions of approval. The need
for fencing was discussed and it was determined that safety and public welfare would be
met without fencing around the event area to contain the consumption of alcohol. In
accordance with requirements from the Department of Alcoholic Beverage Control, the
public sidewalks surrounding the lawn area act as the boundary for alcohol consumption,
further mitigating the need for fencing. Due to the private nature of the event and the fact
that alcohol will be provided free of charge , a license from Alcoholic Beverage Control is
not required.
ALTERNATIVES:
1. Adopt the Resolution approving Temporary Use Permit 25-002;
2. Modify as appropriate and adopt the Resolution, approving Temporary Use Permit
25-002;
3. Do not adopt the Resolution; or
4. Provide other direction to staff.
ADVANTAGES:
The proposed event includes alcohol service in a controlled, permitted setting. Conditions
of approval ensure that all necessary permits and safety measures will be in place to
comply with City regulations. The event is intended to be low-impact and respectful of the
public space.
DISADVANTAGES:
None identified.
Page 157 of 236
Item 9.i.
City Council
Temporary Use Permit 25-002; Authorization to Serve Alcohol at Heritage Square
Park; Applicant – Kitchell Corporation
May 27, 2025
Page 3
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 158 of 236
ATTACHMENT 1
RESOLUTION NO.
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.
Page 159 of 236
RESOLUTION NO.
PAGE 2
3. The proposed site is adequately served by stre ets 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 , 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 160 of 236
RESOLUTION NO.
PAGE 3
_________________________________________
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 161 of 236
RESOLUTION NO.
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.
Page 162 of 236
RESOLUTION NO.
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.
Page 163 of 236