CC 2024-06-25_09g Supplemental 1
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
SUBJECT: Supplemental Information
Agenda Item 9.g. – June 25, 2024 City Council Meeting
Temporary Use Permit 24-003; Authorization for Closure of City
Streets, Use of City Property, and Sale of Alcohol for the 85th Annual
Arroyo Grande Valley Harvest Festival, Friday and Saturday,
September 27-28, 2024; Location – Heritage Square Park and Olohan
Alley
DATE: June 24, 2024
The published report for Temporary Use Permit 24-003 inadvertently identified in several
places, including in the resolution, that only beer and wine sales are allowed at the 2024
Arroyo Grande Valley Harvest Festival. The applicant for the proposed project intends to
allow the sale of all alcohol beverages, which was reviewed by staff, including the Arroyo
Grande Police Department. A revised resolution is attached, and all instances of “beer
and wine” in the staff report should be labeled “alcohol” as recommended by staff.
cc: City Manager
Assistant City Manager/Public Works Director
Community Development Director
City Attorney
City Clerk
City Website and Public Review Binder
Enc: Revised Resolution
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING TEMPORARY USE
PERMIT 24-003, AUTHORIZING CLOSURE OF CITY
STREETS, USE OF CITY PROPERTY, AND SALE OF
ALCOHOL AND APPROVING A WAIVER OF FEES FOR
THE 85th ANNUAL ARROYO GRANDE VALLEY HARVEST
FESTIVAL, FRIDAY AND SATURDAY, SEPTEMBER 27-28,
2024
WHEREAS, organizers of the 2024 Arroyo Grande Valley Harvest Festival have
requested closure of City streets, use of City property, and permission for the sale of
alcohol at the Event; and
WHEREAS, the Arroyo Grande Municipal Code (AGMC) provides for the issuance of
Temporary Use Permits for events such as the Arroyo Grande Harvest Festival and
AGMC Section 10.16.050 authorizes the City Council to restrict parking on any street,
and California Vehicle Code Section 21101(e) authorize the closure of streets for parades
and local special events; and
WHEREAS, organizers of the annual Arroyo Grande Valley Harvest Festival will be
responsible for the removal of all garbage and debris generated by the event; and
WHEREAS, the organizers of the Harvest Festival submitted a request to waive the
$405.30 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, the applicant will provide volunteers who will be responsible for monitoring
identification and consumption of alcoholic beverages during the Event; and
WHEREAS, 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby approve Temporary Use Permit 24-003 authorizing closure of City
streets, use of City property, and sale of alcohol for the 85th annual Arroyo Grande Valley
ATTACHMENT 1
RESOLUTION NO.
PAGE 2
Harvest Festival, with the above findings and subject to the conditions as set forth in
Exhibit “A”, attached hereto and incorporated herein by this reference:
1. Recitals. All recitals above are true, correct, and incorporated herein by
reference.
2. Temporary Use Permit Findings. The City Council finds, in accordance with the
requirements of Arroyo Grande Municipal Code section 16.16.090(E), after due study
and deliberation, the following circumstances exist:
A. 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 Harvest Festival will not jeopardize, endanger, or otherwise
constitute a menace to the public health, safety or general welfare. The Festival
is a family friendly event that will be held during daytime hours on Friday and
Saturday September 27th and 28th, 2024. Adherence to the conditions of approval
ensures that the Festival is operated in a safe and orderly manner.
B. 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 road closures
encompassing the entire Festival site. The proposed site is approximately ten
(10) acres in size, which is large enough to prevent spill over from the event
onto surrounding properties.
C. The Festival area 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 East Branch Street, North and South
Mason Street, and Traffic Way, which are of significant width and
improvements to accommodate the kind and quantity of traffic that the
temporary use will generate.
D. 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.
RESOLUTION NO.
PAGE 3
Adequate parking to accommodate traffic to be generated by the Harvest
Festival will be provided by use of City parking lots in the vicinity. Permitted
street parking in areas not affected by road closures and parking restrictions
will suffice.
3. Temporary Permit Approval. The City Council of the City of Arroyo Grande does
hereby approve Temporary Use Permit 24-003 authorizing the following actions and
use of the following described City property for the Harvest Festival as presented to
the City Council on June 25, 2024, with the above findings and subject to the
conditions as set forth in Exhibit “A”, attached hereto and incorporated herein by the
reference:
Harvest Festival – Friday & Saturday, September 27th & 28th, 2024
• That the City Council authorizes “no-parking/tow away” restrictions and use of
the City parking area behind the former City Hall from the entrance of Mason
Street and extending to the area of the Gazebo and Short Street for use
between the hours of 5:00 p.m. on Thursday, September 26, 2024, until 8:00
a.m. Sunday, September 29, 2024.
• The use of the Heritage Square Park for various displays, activities, and
contests from 4:00 p.m. to 9:00 p.m. on Friday, September 27, 2024, and 8:00
a.m. to 6:00 p.m. on Saturday, September 28, 2024.
• That the City Council authorizes “no-parking/tow away” restrictions and the
use and closure of Short Street from Nelson to the Swinging Bridge from
8:00 a.m. to 6:00 p.m. on Saturday, September 28, 2024.
• That the City Council authorizes “no-parking/tow away” restrictions and the
use and closure of Nelson Street from Mason Street to Bridge Street from
8:00 a.m. to 6:00 p.m. on Saturday, September 28, 2024.
• That the City Council authorizes “no-parking/tow away” restrictions and the
use and closure of Mason Street from Le Point Street to Poole Street from
8:00 a.m. to 12:00 p.m. on Saturday, September 28, 2024.
• That the City Council authorizes “no-parking/tow away” restrictions of Poole
Street from Mason Street to Traffic Way from 8:00 a.m. to 12:00 p.m. on
Saturday, September 28, 2024.
• That the City Council authorizes “no-parking/tow away” restrictions and the
use and closure of Bridge Street from Traffic Way to Branch Street from 8:00
a.m. to 6:00 p.m. on Saturday, September 28, 2024.
RESOLUTION NO.
PAGE 4
• That the City Council authorizes “no-parking/tow away” restrictions and use
and closure of Olohan Alley from Bridge Street to Short Street, and the City
Hall parking lot of 300 East Branch Street from 8:00 a.m. to 9:00 p.m. on
Friday, September 27, 2024, and from 8:00 a.m.to 6:00 p.m. on Saturday,
September 28, 2024.
• The use of the City’s electrical service as needed for the lighting of booths,
sound system, and contests.
• That the City Council authorizes “no-parking/tow away” restrictions and
closure of a portion of West Branch Street from U.S. Highway 101 to Stanley
Avenue on Saturday, September 28, 2024, from 10:00 a.m. to 12:00 p.m.
• That the Arroyo Grande Police Department will control traffic around the
parade route, and police officers will be stationed to give instructions to
motorists on detouring the parade route.
• That the gate between Emerald Bay Drive and Miller Way will be opened at 8
a.m. until 12:00 p.m. on Saturday, September 28, 2024, for increased resident
access.
• That the City Council authorizes alcohol sales to be permitted by approved
vendors within Olohan Alley on Friday, September 27, 2024, and Saturday,
September 28, 2024.
• That the following streets shall be closed for the Harvest Festival Parade on
Saturday, September 28, 2024, from 8:00 a.m. to noon, with “no-parking/tow
away” restrictions starting at 7:00 am:
o West and East Branch Street from Rodeo Drive to Mason Street;
o West and East Branch Street from Old Ranch Road to Branch Street;
o Old Ranch Road from West Branch Street to the end of the City
owned property;
o Wesley Street between Larchmont and West Branch Street;
o Traffic Way from Fair Oaks Avenue to Station Way;
o North Mason Street from East Branch Street to Tally Ho Road ; and
o South Mason Street from East Branch Street to Poole Street.
In addition, E. Branch will be closed from Mason to Highway 227 (Bus Barn)
from 8 a.m. to 12 noon, however, parking will be allowed.
4. Waiver of Application Fees Findings. Based on the authority found in Resolution
No. 3760, adopted July 13, 2004, the City Council of the City of Arroyo Grande
hereby finds that the fee waiver is consistent with a public purpose and is not a gift
RESOLUTION NO.
PAGE 5
of public funds, and approves the fee waiver request for the Temporary Use Permit
application processing fee.
a. The applicant is a local non-profit organization;
b. The group/organization donates at least 50% of its budget to support
programs/activities within the City of Arroyo Grande or the Five Cities Area;
c. Proceeds from the event or activity will be used for a specific City of Arroyo
Grande or Five Cities area public project, program, or cause;
d. The event or activity is organized and operated by non-paid volunteers; and
e. The event or activity is open to the public.
5. Severability. If any section, division, sentence, clause, phrase or portion of this
resolution or the document in the record in support of this resolution is determined by
a court of competent jurisdiction to be invalid, unenforceable, unconstitutional or
otherwise void, that determination shall not affect the validity of the remaining
sections, divisions, sentences, clauses, or phrases of this resolution.
On motion by Council Member___________seconded by Council Member
___________and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this 25th day of June, 2024.
RESOLUTION NO.
PAGE 6
______________________________________
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
RESOLUTION NO.
PAGE 7
EXHIBIT “A”
CONDITIONS OF APPROVAL
TEMPORARY USE PERMIT 24-003
85th ANNUAL HARVEST FESTIVAL
FRIDAY AND SATURDAY, SEPTEMBER 27th AND 28th, 2024
GENERAL CONDITIONS:
1. The Harvest Festival Committee 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.
3. The Harvest Festival Committee shall comply with all Conditions of Approval for
Temporary Use Permit 24-003.
4. To the full extent permitted by law, the Harvest Festival Committee shall indemnify,
defend and hold harmless the City, its agents, officers, and employees from and
against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or threatene d, including
attorney’s fees and costs, court costs, interest, defense costs, and expert witness
fees), where the same arise out of, are a consequence of, or are in any way
attributable to, in whole or in part, this Temporary Use Permit except liability arising
out of the proven sole negligence of the City.
5. The Harvest Festival Committee shall monitor alcohol sales to ensure alcoholic
beverages are served to responsibly behaving persons over the age of twenty -one
(21). Volunteers shall be trained to check identification of all persons buying
alcohol for verification that the purchaser is over the age of twenty -one (21).
6. Consumption of alcoholic beverages shall be limited to the Heritage Square Park
lawn area and Olohan Alley, and the Harvest Festival Committee shall monitor
these areas to ensure no alcohol consumption occurs beyond the bounds. The
playground area shall be excluded from the consumption area. Appropriate
signage provided by the Harvest Festival Committee shall be posted outlining
these rules and restrictions.
7. Requests to continue alcoholic beverage sales in future years shall be made
through the Temporary Use Permit process.
8. The Harvest Festival Committee 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.
RESOLUTION NO.
PAGE 8
PUBLIC WORKS DEPARTMENT CONDITIONS:
9. The Harvest Festival Committee is to contact the Public Works Department no later
than September 9, 2024, regarding the number and location of trash receptacles to
be placed in the downtown area.
10. The Harvest Festival Committee is responsible for disposal of its garbage into large
trash containers. The Harvest Festival Committee is responsible for providing
adequate dumpsters to accommodate all garbage and recycling in addition to
required trash containers.
11. The Harvest Festival Committee is responsible for providing trash can liners for all
trash containers.
12. The Harvest Festival Committee is responsible for providing additional restroom
supplies for the festival. The Harvest Festival Committee is also responsible for
monitoring and maintenance of restroom facilities. Should the City provide these
supplies, the Harvest Festival Committee will reimburse the City for the cost of these
supplies and related staff time.
13. Supplemental restroom facilities shall be provided by the Harvest Festival
Committee.
14. The Public Works Department will provide and place all delineators, signs and
barricades for road closures, “no-parking/tow away” and detour routes. The Harvest
Festival Committee shall pay for all water barricades.
15. The Harvest Festival Committee shall place an advertisement in the September
2024 edition of The New Times advising residents of street closures and “no-
parking/tow away” restrictions.
16. At least two (2) weeks in advance of the event, the Harvest Festival Committee shall
mail or hand deliver a notification of street closures to every property located within
the area where street closures will occur.
17. At least two (2) weeks in advance of the event, the Harvest Festival Committee shall
mail or hand deliver a notification of the opening of the Emerald Bay Drive gate to
every property accessed from Miller Way, Miller Court, the 200 and 100 block of Le
Point Street, and W. Le Point Street.
18. The Harvest Festival Committee shall provide a $1,000,000 commercial general
liability insurance policy naming the City as additional insured subject to approval by
the City Attorney. Proof of insurance shall be submitted to the Director of Legislative
and Information Services ten (10) days before the event.
RESOLUTION NO.
PAGE 9
BUILDING AND LIFE SAFETY DIVISION CONDITIONS:
19. A handicapped accessible toilet shall be included where other portable toilets are
located.
20. All electrical must be inspected by the Building and Life Safety Division prior to the
event opening.
21. All tape used for marking the booth locations shall be removed by the Harvest
Festival Committee immediately following the event.
22. The project shall comply with the most recent edition of the Codes as adopted by
the City of Arroyo Grande. Specifically, all temporary-wiring provisions of the
California Electrical Code must be met.
FIVE CITIES FIRE AUTHORITY CONDITIONS:
23. Emergency access must be maintained to the satisfaction of the Fire Chief.
24. All food booths (cooking) must comply with the Five Cities Fire Authority guidelines,
must have County Health Department approval, and must ensure total compliance
of booth operators. The Five Cities Fire Authority will not allow non-compliant booths
to operate.
25. The use of generators must be reviewed and approved by the Fire Chief.
26. A detailed chart or map will be provided to the Fire Chief for approval prior to the
event, showing placement of all booths, to include actual dimensions of access
pathways for fire apparatus and emergency vehicles.
27. Per the approval of the Fire Chief, there will be medical service dedicated to the
event.
28. All fire lanes must be posted and enforced in accordance with Police Department
and Five Cities Fire Authority guidelines. Fire lanes and access must be approved
by the Fire Chief.
29. The Harvest Festival Committee shall identify an individual to act as liaison with
the Five Cities Fire Authority for the purpose of maintaining life and safety.
30. Prior to opening the event, the fire access road shall be posted. The Harvest
Festival Committee shall provide continuous enforcement of the fire access road
during the event.
RESOLUTION NO.
PAGE 10
31. The Harvest Festival Committee will coordinate and be responsible for costs
associated with San Luis Ambulance to provide standby personnel and equipment
for Bike Medic and golf cart transport for the entire duration of the Festival.