R 4837 RESOLUTION NO. 4837
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,
RESOLUTION NO. 4837
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 Council Member Brown, seconded by Council Member Ray, and on
the following roll call vote, to wit:
AYES: Council Members Brown, Ray, and Harmon
NOES: Mayor Hill
ABSENT: Council Member Barneich
The foregoing Resolution was passed and adopted this 13th day of March, 2018.
RESOLUTION NO. 1/837
PAGE 3
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JIM LL, MAYOR
TTEST:
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KELLY ET ORE, CITY CLERK
APPROVED AS TO CONTENT:
ilk
lieJAMES =+AN, CITY MANAGER
APPROVED AS TO FORM:
HEA HER K. WHITHAM, CITY ATTORNEY
RESOLUTION NO. 4837
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.
RESOLUTION NO. 4837
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.
OFFICIAL CERTIFICATION
I, KELLY WETMORE, 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. 4837 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 13th day of March, 2018.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of
March, 201.8.
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KELLY T`'ORE, CITY CLERK