R 4918
RESOLUTION NO. 4918
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING TEMPORARY USE PERMIT
NO.19-002 AND WAIVER OF APPLICATION FEES;
AUTHORIZATION TO USE CITY PROPERTY FOR A BEER AND
FOOD FESTIVAL ON OCTOBER 12, 2019; 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, the
proposed site functions as a permanent park, and is accustomed to a
higher flow of visitors on the site.
RESOLUTION NO. 4918
PAGE 2
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 19-002, authorizing the use of
City property as presented to the City Council on May 14, 2019, 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 Storton, seconded by Council member Barneich, and on
the following roll call vote, to wit:
AYES: Council Members Storton, Barneich, Paulding, George, and Mayor Ray Russom
NOES: None
ABSENT: None
th
The foregoing Resolution was passed and adopted this 14 day of May, 2019.
RESOLUTION NO. L{4/$
PAGE 3
CARE , s -O , MAYOR
ATTEST:
1 / 1A-btil
KELLY ET, •RE, CI CLERK
APPROVED AS TO CONTENT:
JAMES A. AN, CITY MANAGER
-4
APPROVED AS TO FORM:
I
H- ATHER K. WHITHAM, CITY ATTORNEY
RESOLUTION NO. 4918
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL FOR
TEMPORARY USE PERMIT NO. 19-002
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 12, 2019.
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 May 14, 2019.
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. 4918
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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 September 25, 2019.
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, JESSICA MATSON, Deputy 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. 4918 was passed and adopted at a regular meeting of the City
Council of the City of Arroyo Grande on the 14th day of May, 2019.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 16th day of
May, 2019.
tSSICA MATSON, DEPUTY CITY CLERK