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CC 2018-03-13_09g TUP Beer and Food Festival MEMORANDUM TO: CITY COUNCIL FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: MATTHEW DOWNING, PLANNING MANAGER SUBJECT: CONSIDERATION OF TEMPORARY USE PERMIT NO. 17-023; AUTHORIZATION TO USE CITY PROPERTY FOR A BEER AND FOOD FESTIVAL ON SATURDAY, OCTOBER 13, 2018, AND WAIVER OF APPLICATION FEES; LOCATION – HERITAGE SQUARE PARK; APPLICANT – ARROYO GRANDE VILLAGE IMPROVEMENT ASSOCIATION; REPRESENTATIVE – BOB LUND DATE: MARCH 13, 2018 SUMMARY OF ACTION: Approval of the permit will allow a beer and food festival to occur at Heritage Square Park on October 13, 2018. IMPACT TO FINANCIAL AND PERSONNEL RESOURCES: There is no direct funding impact anticipated as a result of this event. The project is conditioned to require the applicant to provide adequate restroom and trash facilities for the event and any City expenses will be reimbursed. These expenses are anticipated to be minimal, if any. Approval of the application fee waiver request would result in a $200 loss in revenue. RECOMMENDATION: It is recommended the City Council adopt a Resolution approving Temporary Use Permit 17-023. BACKGROUND: The applicant has submitted an application for a Temporary Use Permit to utilize Heritage Square Park for a beer and food festival to be held on October 13, 2018, called the “Arroyo Grande Beer Feast,” and hosted by the Arroyo Grande Village Improvement Association (AGVIA). The applicant proposes to utilize Heritage Square Park between the hours of 10:00 am and 8:00 pm for setup and teardown of the event, with the event occurring between the hours of 2:00 pm and 6:00 pm. The applicant indicates this will be a high-end event, limited to 525 attendees, thirty (30) breweries, and ten (10) food vendors. Waist-high fencing will be utilized at the back of the adjacent sidewalks to close the event, and only persons 21 years of age and older will be admitted into the event. Food vendors will be comprised of Village restaurants first, with expansion of the Item 9.g. - Page 1 CITY COUNCIL CONSIDERATION OF TEMPORARY USE PERMIT NO. 17-023 MARCH 13, 2018 PAGE 2 invitation to restaurants outside of the Village after that. Live music is proposed at the Rotary Bandstand during the event. The AGVIA will provide security as approved by the City of Arroyo Grande Police Department and provide Swinging Bridge security as needed. Staff Advisory Committee The Staff Advisory Committee (SAC) reviewed the proposed project on February 21, 2018. Members of the SAC discussed several aspects of the project and concluded that there would be no foreseeable issues with parking, neighbors, or security. The SAC was in support of the project with conditions of approval included to ensure a safe and successful event. ANALYSIS OF ISSUES: The proposed event will bring a significant number of participants to Heritage Square Park in the Village. The proposal for such a large event on City property and the request to reserve street parking adjacent to the event site necessitates Council’s approval of the Temporary Use Permit. 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 results in a successful event for the applicant, the attendees, the neighbors and the City. Parking The applicant is not requesting reservation of parking within City owned parking lots as is typically requested for other events in the Village area. However, the applicant is requesting the reservation of street parking directly adjacent to the park for several purposes, including parking for cabs, loading and unloading of equipment and parking of vehicles for the breweries and restaurants, pickup of attendees by designated drivers, cabs, or other accommodations. Attendee Identification The event is proposed to be open only to those individuals who purchase tickets. Presale tickets will be sold, with any additional tickets being available for purchase at the event. Attendees paying to taste beer will be given wristbands identifying their allowed participation. Designated drivers will be able to attend the event to eat food, but will be given a different wristband to identify them as drivers, and will not be provided the tasting glass. Individuals under 21 and those who do not have wristbands will not be permitted into the event area. Private security personnel required for the event will immediately remove individuals found in the event without proper wristbands. Restrooms The applicant is required to provide adequate restrooms in addition to the new restrooms located in Heritage Square Park. During last year’s event, additional restrooms were located on the Short Street side of the venue. The 2017 event map designated three restrooms outside of the fencing, which is anticipated to occur again this year should the permanent restroom facilities be inadequate for the number of attendees at this year’s event. Item 9.g. - Page 2 CITY COUNCIL CONSIDERATION OF TEMPORARY USE PERMIT NO. 17-023 MARCH 13, 2018 PAGE 3 Neighboring Property Rental During the 2017 event, the adjacent property was reserved at the same period for a wedding. The City worked with the applicant and the wedding organizers to coordinate these events to ensure the events were successful. It has been confirmed that no other events are scheduled on the adjacent property on the same day as the Beer Feast, nor will one be if the project is approved by the Council. This will further ensure the event does not impact adjacent properties. Waiver of Application Fees 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 $200 in revenue. This revenue is used to offset the costs of processing the application. The event, now in its third year, has traditionally received a fee waiver and is recommended to do so again this year. 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. Although the City does not directly profit from the Beer Feast, it does bring over 500 attendees to the Village, which can have a direct economic benefit to businesses in the area, resulting in increases in sales tax. The event also provides additional exposure of the City and its amenities to the public. While this exposure cannot be directly quantified, it remains beneficial. Lastly, the Council has previously established through adoption of Resolution No. 3760 (Attachment 3) the blanket waiver of application fees for similar annual events. These events include the Car Sho, Harvest Festival, and Strawberry Festival. Although the Beer Feast is not identified on this list, the evolving annual nature of the event is consistent with the intent of the policy. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the attached Resolution approving Temporary Use Permit 17-023 and waiver of application fees; 2. Modify as appropriate and adopt the attached Resolution approving Temporary Use Permit 17-023 and waiver of application fees; 3. Do not adopt the attached Resolution, take tentative action to deny the temporary use, and provide direction to staff on specific findings for denial of Temporary Use Permit 17-023; or 4. Provide direction to staff. ADVANTAGES: The event, now in its third year, has become an annual event that is well attended and viewed as a successful event. This event will continue to provide an opportunity for local restaurants to showcase their food and will draw additional interest to the City, spurring the local economy. Item 9.g. - Page 3 CITY COUNCIL CONSIDERATION OF TEMPORARY USE PERMIT NO. 17-023 MARCH 13, 2018 PAGE 4 DISADVANTAGES: The event will bring a large number of people to an event where alcohol will be consumed. This can cause noise issues with the nearby residences and impaired motor vehicle operation is a possibility. Conditions of approval requiring resident notification and the applicant providing incentives for designated drivers to attend the event aim to minimize the potential negative impacts and ensure a successful event. 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 use of land. PUBLIC NOTIFICATION AND COMMENTS: A condition of approval has been developed requiring the applicant to mail or hand deliver notification of the event to all affected Village residents one week before the event. The Agenda was posted in at City Hall and on the City’s website in accordance with Government Code Section 54954.2. At the time of report publication, no comments had been received. Attachments: 1. Letter from the Village Improvement Association 2. 2017 event map 3. Resolution No. 3760 Item 9.g. - Page 4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO. 17-023 AND WAIVER OF APPLICATION FEES; AUTHORIZATION TO USE CITY PROPERTY FOR A BEER AND FOOD FESTIVAL ON OCTOBER 13, 2018; LOCATED AT HERITAGE SQUARE PARK; APPLIED FOR BY THE ARROYO GRANDE VILLAGE IMPROVEMENT ASSOCIATION WHEREAS, the Arroyo Grande Village Improvement Association (VIA), organizers of the Arroyo Grande Beer Feast event, have requested the use of Heritage Square Park for the operation of a beer and food festival, and a waiver of application fees; 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 VIA will be responsible for costs associated with security, cleanup, and payment of all related fees and costs for use of City property and City employee time related to the event; and WHEREAS, the City Council finds, after due study and deliberation that 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 period specified will not jeopardize, endanger or constitute a menace because the site will be contained via fencing, security will be provided, the attendees will be identified with wristbands, and restrooms will be provided 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 because the event will be contained by fences and the VIA will provide security, Item 9.g. - Page 5 RESOLUTION NO. PAGE 2 the proposed site functions as a permanent park, and is accustomed to a higher flow of visitors on the site. 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 that the City Council of the City of Arroyo Grande hereby approves the request for the waiver of application fees for the event, due to the event’s annual nature and limited impact on personnel resources to process through entitlement, consistent with the policy established by Resolution No. 3760. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Arroyo Grande hereby approves Temporary Use Permit 17-023, authorizing the use of City property as presented to the City Council on March 13, 2018, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion of , seconded by , and on the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing Resolution was passed and adopted this 13th day of March, 2018.    Item 9.g. - Page 6 RESOLUTION NO. PAGE 3 _________________________________________ JIM HILL, MAYOR ATTEST: ________________________________________ KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: ________________________________________ JAMES A. BERGMAN, CITY MANAGER APPROVED AS TO FORM: ________________________________________ HEATHER K. WHITHAM, CITY ATTORNEY Item 9.g. - Page 7 RESOLUTION NO. PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TEMPORARY USE PERMIT NO. 17-023 This approval authorizes the use of Heritage Square Park and on street parking on the west side of Mason Street, north side of Nelson Street, and east side of Short Street adjacent to the park for a beer and food festival from 2:00 pm to 6:00 pm on Saturday, October 13, 2018. General Conditions 1. The Arroyo Grande Village Improvement Association (VIA) shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. The event shall occur in substantial conformance with the application and plans on file in the Community Development Department office. 3. The VIA shall comply with all the conditions of the City Council Resolution adopted on March 13, 2018. 4. The VIA shall agree to defend, indemnify and hold harmless the City, its agents, officers, and employees harmless, at its sole expense from any action brought against the City, its agents, officers, or employees because of said approval, or in the alternative, to relinquish such approval. The VIA 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 the VIA of his/her obligations under this condition. Public Works Department Conditions 5. The VIA is responsible for providing dumpster, 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 VIA. 6. The VIA 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. 7. The VIA shall reimburse the City for electrical costs associated with the event. 8. The VIA 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. 9. The VIA shall remove any tape placed on streets, parking areas, and grass after the event. 10. The VIA shall flag all sprinkler heads on turf and lawn areas to prevent damage. The VIA shall reimburse the City for any damage to the irrigation system at the park. Item 9.g. - Page 8 RESOLUTION NO. PAGE 5 Engineering Division Conditions 11. The VIA shall provide restroom facilities, barricades, and signage as required. 12. The VIA shall provide a $1,000,000 comprehensive general liability insurance policy naming the City as additional insured by October 1, 2018. 13. The VIA 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 14. All food booths must comply with the Fire Department guidelines, and must have County Health Department approval. The VIA will inform booth applicants of Fire Department guidelines, and will ensure total compliance of booth operators. The VIA will not allow non-compliant booths to operate. 15. 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. 16. The Building and Life Safety Division must inspect all food booths, generators and temporary electrical service prior to the opening of the event. In lieu of requiring a building permit for temporary electrical service, the VIA will collect a fee of $15 per every booth utilizing an electrical connection. This fee will be itemized by booth and submitted to the Building and Life Safety Division within 15 days of the end of the event. 17. 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. 18. The use of generators must be reviewed and approved by the Building Official. 19. The VIA shall identify an individual to act as liaison with the Fire Department for the purpose of maintaining life and safety. Police Department Conditions 20. All temporary "No Parking" signs shall be posted by the VIA a minimum of 48 hours prior to the event, stating the dates and times of restriction. 21. Private security personnel will be provided by the VIA, to the satisfaction of the Chief of Police. 22. Failure to provide private licensed security will result in AGPD Officers being assigned with expenses billed to the VIA. Special Conditions 23. The VIA shall mail or hand deliver notification of the event to all affected residents one week before the event, including residents on Allen Street. Item 9.g. - Page 9 ATTACHMENT 1 Item 9.g. - Page 10 trash binsice 15 16138910111214 51 3 4 5 1 45 44 43 42 41 40 39 38 37 36 34 33 28 32 31 30 29 26171819202122232425 6 7 27 47 48 46 49 35 50 2 !_!_!_ PLAY STRUCTURE [ [ [ [ [ [ [ [ [ [ [ [ [ [ [[ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [[ [ [ [ [ [ [ [ [ [ [ [ [ [ [[ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [[[[[[[[[[ [ [ [ [ [ [ [ [ [ [ [ [[[ [[ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [[ [ [ [ [ [ [ [ [ [ [ [ [[[ [[ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [[[[[")EN NELSON ST VENUE ENTRANCE")EMEMERGENCY EXIT SHORT ST ")EM MASON ST EMERGENCY EXIT NELSON STREETSHORTSTREET MASONSTREET0 2010 FEET ® OCTOBER 13 2018 OCTOBER 2:00PM - 6:00 PM ARROYO GRANDE BEER AND FOOD FESTIVAL ")EM EMERGENCY EXIT SCHOOL PARKING LOT WATER STATION LOCATION RESTAURANT VENDOR !_ ATTACHMENT 2 Item 9.g. - Page 11 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 3 Item 9.g. - Page 12 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 Item 9.g. - Page 13 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 Item 9.g. - Page 14