CC 2018-04-10_09h TUP_Summer Concert Series
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: MATTHEW DOWNING, PLANNING MANAGER
SUBJECT: CONSIDERATION OF TEMPORARY USE PERMIT 18-005;
AUTHORIZATION FOR THE SALE OF BEER AND WINE AT THE 2018
HERITAGE SQUARE PARK SUMMER CONCERT SERIES EVENTS
AND APPLICATION FEE WAIVER; LOCATION – HERITAGE SQUARE
PARK; APPLICANT – SOUTH COUNTY HISTORICAL SOCIETY;
REPRESENTATIVE – PAUL PROVENCE
DATE: APRIL 10, 2018
SUMMARY OF ACTION:
Approval of the Temporary Use Permit would allow the South County Historical Society
and Arroyo Grande Rotary Club to sell beer and wine at the 2018 Heritage Square Park
Summer Concert Series events, which occurs every other Sunday beginning June 10,
2018.
IMPACT TO FINANCIAL AND PERSONNEL RESOURCES:
There is no direct funding impact anticipated as a result of this request. The applicant is
requesting a waiver of application fees for the Temporary Use Permit, which totals
$223. Due to the first time nature of the request for alcohol sales and the work
conducted to review the proposal, it is recommended that the fee waiver request be
denied.
RECOMMENDATION:
It is recommended the City Council adopt a Resolution approving Temporary Use
Permit No. 18-005 to allow the sale of beer and wine at the 2018 Heritage Square Park
Summer Concert Series and denying the request for an application fee waiver.
BACKGROUND:
The Summer Concert Series are annual concert events sponsored by the South County
Historical Society (SCHS), a 501(c)3 non-profit organization and the Arroyo Grande
Rotary Club (AGRC). At the concerts, 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 applicant has submitted an
application for a Temporary Use Permit to allow for the sale and consumption of beer
and wine at the 2018 Heritage Square Park Summer Concert Series (the “Event”). The
Item 9.h. - Page 1
CITY COUNCIL
CONSIDERATION OF TEMPORARY USE PERMIT NO. 18-005
APRIL 10, 2018
PAGE 2
Event is permitted by the Recreation Services Division through a Park Use Permit;
however, the request for alcohol sales necessitates the approval of a Temporary Use
Permit by the City Council. The applicants indicate that they have witnessed similar,
successful additions of alcoholic beverages in other Central Coast communities,
including Paso Robles and Grover Beach (see Attachment 1). The SCHS is requesting
the Council allow the sale of beer and wine at the Event as an additional amenity to
Event patrons. The benefits identified by the applicants 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.
Staff Advisory Committee
The Staff Advisory Committee (SAC) reviewed the proposed project on March 7, 2018.
Members of the SAC discussed several aspects of the project, including security, age
validation for alcohol consumption, and the fee waiver request. The SAC was in support
of the project with conditions of approval included to ensure a safe and successful
event. The SAC was not in support of the fee waiver request due to staff costs to
process the permit. Although both the South County Historical Society and the Arroyo
Grande Rotary Club are 501(c)(3) non-profit organizations that provide benefits to the
community, the first time nature of the request for alcohol sales required additional
review by staff and the SAC recommended those costs be recovered reduced by
collecting the required fee. The project has been conditioned accordingly.
ANALYSIS OF ISSUES:
The applicant indicates that beer and wine sales would occur from 12:00 – 3:00 PM
during concert events, which typically occur from 11:30 AM – 3:30 PM. Sales and
identification checks are proposed to be conducted by SCHS volunteers, who are
required to be appropriately trained. Similar to other events in Paso Robles and Grover
Beach, the applicant is proposing to not fence off the Nelson Green, opting to have the
entire lawn area act as the consumption area during the Event. The Summer Concert
Series occurs every other Sunday, beginning June 10, 2018, and concluding on
September 09, 2018, for a total of eight (8) events. An additional event would be held on
July 4, 2018.
Fencing
The need for fencing was discussed with the Police Department and it was determined
that safety and public welfare will be met and fencing is not required around the
Heritage Square Park lawn area to contain the consumption of alcohol. In accordance
with requirements of the California Department of Alcoholic Beverage Control (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 ensured with
appropriate signage and trained personnel provided by SCHS serving as security. This
is similar to other public events throughout the County.
Item 9.h. - Page 2
CITY COUNCIL
CONSIDERATION OF TEMPORARY USE PERMIT NO. 18-005
APRIL 10, 2018
PAGE 3
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 proper consumption is
necessary. This will be closely monitored by SCHS volunteers to ensure only persons of
legal drinking age will be able to buy and consume beer and wine. The SCHS will work
with the ABC and the Police Department, if necessary, to ensure individuals are
properly trained.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the attached Resolution approving Temporary Use Permit 18-005
2. Modify as appropriate and adopt the attached Resolution, approving
Temporary Use Permit 18-005;
3. Do not adopt the attached Resolution;
4. Provide 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. The addition of beer and wine sales at the Event has
the potential to provide additional funds to the SCHS to continue their work in the
community. Additionally, the sale of beer and wine at the Event would provide attendees
an additional option during their time at the concerts.
DISADVANTAGES:
The addition of alcohol could be seen as a change in the family orientation of the
Summer Concert Series. Additionally, the request to not require fencing around Nelson
Green could result in incidents of public consumption of alcohol if attendees leave the
park and enter the public sidewalk. However, the applicant has taken steps in an
attempt to address these items to ensure a safe and successful event and has indicated
that this is a one year trial to evaluate if the request should be continued in future years.
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:
The Agenda was posted in at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Letter from the South County Historical Society
2. Fee waiver request
Item 9.h. - Page 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING TEMPORARY USE PERMIT
NO.18-005; AUTHORIZATION FOR THE SALE OF BEER AND
WINE AT THE 2018 HERITAGE SQUARE PARK SUMMER
CONCERT SERIES; APPLIED FOR BY THE SOUTH COUNTY
HISTORICAL SOCIETY AND THE ARROYO GRANDE
ROTARY CLUB
WHEREAS, the South County Historical Society (SCHS) and the Arroyo Grande
Rotary Club (AGRC), organizers of the Heritage Square Park Summer Concert
Series, have requested permission for the sale of beer and wine at the 2018
Concert Series (the “Event”); and
WHEREAS, the SCHS and the AGRC submitted a request to waive the $223
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 SCHS and AGRC 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 period specified will not jeopardize, endanger or
constitute a menace because the SCHS 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.
The proposed site is adequate in size and shape to accommodate the
temporary use without detriment to the use and enjoyment of other
Item 9.h. - Page 4
RESOLUTION NO.
PAGE 2
properties located adjacent to and in the vicinity of the site due to the
Event being monitored by SCHS 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves Temporary Use Permit 18-005, authorizing the sale of
beer and wine at the 2018 Heritage Square Park Summer Concert Series as
presented to the City Council on April 10, 2018, with the above findings and subject
to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein
by this reference.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Arroyo Grande hereby denies the fee waiver request for the Temporary Use
Permit application processing fee.
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 10th day of April 2018.
Item 9.h. - Page 5
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.h. - Page 6
RESOLUTION NO.
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL FOR
TEMPORARY USE PERMIT NO. 18-005.
This approval authorizes the sale of beer and wine between 12:00 – 3:00 PM during
the 2018 Heritage Square Park Summer Concert Series.
General Conditions
1. The South County Historical Society (SCHS) and 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 SCHS and AGRC shall comply with all the conditions of the City Council
Resolution adopted on April 10, 2018.
4. The SCHS and AGRC 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 SCHS and AGRC 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
SCHS and AGRC of their obligations under this condition.
5. In order for this approval to become valid, the applicant shall pay the
Temporary Use Permit application processing fee. Failure to pay the
processing fee will result in the immediate revocation of the permit.
6. The SCHS and AGRC shall monitor alcohol sales to ensure alcoholic
beverages are served to responsibly behaving persons over the age of
twenty-one (21).
7. 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.
8. This approval shall be on a trial basis for the 2018 Heritage Square Park
Summer Concert Series only. Requests to continue alcoholic beverage sales
in future years shall be made through the Temporary Use Permit process.
Public Works Department Conditions
9. The SCHS and AGRC are 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 SCHS and
AGRC.
Item 9.h. - Page 7
RESOLUTION NO.
PAGE 5
10. The SCHS and 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.
11. The SCHS and AGRC shall reimburse the City for electrical costs associated
with the event.
12. The SCHS and 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.
13. The SCHS and AGRC shall remove any tape placed on streets, parking
areas, and grass after the event.
14. The SCHS and ARGC shall flag all sprinkler heads on turf and lawn areas to
prevent damage. The SCHS and AGRC shall reimburse the City for any
damage to the irrigation system at the park.
Engineering Division Conditions
15. Restroom facilities, barricades, and signing shall be provided by the SCHS
and AGRC as required.
16. The SCHS and AGRC shall provide a $1,000,000 comprehensive general
liability insurance policy naming the City as additional insured by June 1,
2018.
17. The SCHS and 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
18. All food booths must comply with the Fire Department guidelines, and must
have County Health Department approval. The SCHS and AGRC will inform
booth applicants of Fire Department guidelines, and will ensure total
compliance of booth operators. The SCHS and AGRC will not allow non-
compliant booths to operate.
19. 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.
20. 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.
21. The use of generators must be reviewed and approved by the Building
Official.
22. The SCHS and AGRC shall identify an individual to act as liaison with the
Fire Department for the purpose of maintaining life and safety.
Item 9.h. - Page 8
RESOLUTION NO.
PAGE 6
Police Department Conditions
23. All temporary "No Parking" signs shall be posted a minimum of 48 hours
prior to event setup.
Item 9.h. - Page 9
President
Michael Drees
Vice-President Ways & Means
Paul Provence
Treasurer
Nommn A. Baxter
Secretary
Polly Nelson
Curator of Collections
Jan Scott
Membership
Ross Kongable
Public Information Officer
Vivian Krug-Cotton
Docent Leader
Linda Kime
Property Management
Joe Swigert
Information Systems
.Jeff Kime
Parliamentarian
Eric Nelson
P.O. 'Bo')( 633 .Jilrroyo (jratufe 01. 93421-0633 805. 489. 8282
February 13, 2018
Ms. Teresa Mcclish, Development Director
City of Arroyo Grande
300 East Branch St.
Arroyo Grande, CA 93420
Dear Ms. McClish:
The South County Historical Society (SCHS) and Arroyo Grande Rotary
Club (AGRC) are partnering to submit the following proposal for
placement and consideration on the Arroyo Grande City Council agenda.
SCHS andAGRC have collaborated in a joint proposal to the City of
Arroyo Grande for the sale of beer & wine at each of the 2018 Summer
Concert Series. Beer and wine sales would supplement the existing food
concessions currently provided.
Representatives from the Arroyo Grande Village Improvement
Association have expressed interest and support for sale of wine and
beer. It is acknowledged that other communities (e.g., Paso Robles and
Grover Beach) have similar venues that successfully and responsibly
serve beer and wine at concert events.
There are potential benefits that may be realized with the sale of beer
and wine at these events.
1. It may establish a greater number of promotional partners which
would enhance exposure to the local Village business community.
2. Increased revenue from sales of beer and wine would benefit SCHS
and/ or partnering community service groups. The percentage of profits
may also be shared with other non-profit 501 c3 organizations, such as
Arroyo Grande Public Art and Arroyo Grande in Bloom.
The following conditions will be met:
1. Beer and wine sales would occur between 12:00 -3:oopm (Event hours
are typically 11:30 -3:30.)
2. Beer and wine sales would be coordinated by the AGRC and SCHS
A non-profit 50 l(c)3 Orgn -Federal Tax ID number is 95-3539454
For more information on the South County Historical Society
visit our website at: www.southcountyhistory.org email: info@southcountyhistory.org
ATTACHMENT 1
Item 9.h. - Page 10
food concessions. Sales would be monitored to ensure only persons over 21 buy beer or
wme.
3. Volunteers serving wine and beer would be required to receive sufficient training to
ensure alcohol beverages are served to responsibly behaving persons over the age of 21.
4. Consumption of alcohol beverages would be limited to the Heritage Square Park
"lawn" area. The playground area would be an exclusion area. Appropriate signs would
be posted to designate these rules and restrictions.
5. AGRC would acquire the necessary "Daily License Application/ Authorization" from
the State of California Department of Alcohol Beverage Control.
6. AGRC has sufficient liability insurance coverage which will be validated and applied
to the eight (8) 2018 Summer Concert Series events.
7. SCHS and AGRC shall submit a joint letter of request for permission/approval to the
Arroyo Grande Police Department.
8. If approved, this proposal will be on a trial basis for one year. SCHS and AGRC may,
at their discretion, suspend or cancel the sale of wine and beer at any time during the
summer concert series season.
A "Temporary Use Permit" is also included with this proposal.
Thank you for your consideration.
Sincerely,
Mary Sansone, President Arroyo Grande Rotary Club
Item 9.h. - Page 11
February 15, 2018
To: Mr. Matt Downing, Community Development Department
City of Arroyo Grande
300 East Branch Street
Arroyo Grande, CA 93420
Subject: Request for waiver of fee for Summer Concert Sales of Alcohol
Dear Mr. Downing:
The South County Historical Society (SCHS) and the Arroyo Grande Rotary Club (AGRC) are
partnering to offer the sale of wine and beer at each of the 2018 Summer Concert Series at
Heritage Square Park.
For several years, SCHS volunteers have served hot dogs, soft drinks, ice cream and pop corn at
these afternoon gatherings. Proceeds from sales have benefited our Society by providing
revenue to support our cause. SCHS will continue to provide food concessions; AGRC will
coordinate the sales of wine and beer at each of the Sunday concerts.
We are submitting our application, but are requesting a waiver of the normally associated
$200.00 fee. Both SCHS and AGRC are 501(c)(3) non-profit organizations. Each survives on our
memberships and our fund raising, receiving no public support from any entity. We believe we
provide a great service to the city and its businesses for locals and tourists alike, as well as
providing learning opportunities for our local students. We would ask the city for its support of
our endeavors by waiving this fee.
Thank you for your consideration in this matter,
SinceJ .·.·
Q,_,,(
Pa~ Provence, SCHS VP Ways & Means
South County Historical Society
Mary Sansone, AGRC President
1
ATTACHMENT 2
Item 9.h. - Page 12