CC 2016-07-26_09n Beer and Food Festival TUP Amendment
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: MATTHEW DOWNING, PLANNING MANAGER
SUBJECT: CONSIDERATION OF AMENDMENT TO TEMPORARY USE PERMIT
NO. 16-005; USE CITY PROPERTY FOR A BEER AND FOOD
FESTIVAL ON SATURDAY, OCTOBER 15, 2016; LOCATION –
HERITAGE SQUARE PARK; APPLICANT – ARROYO GRANDE
VILLAGE IMPROVEMENT ASSOCIATION; REPRESENTATIVE – BOB
LUND
DATE: JULY 26, 2016
RECOMMENDATION:
It is recommended the City Council adopt a Resolution amending Temporary Use
Permit 16-005 to modify the event date for the use of City property for a beer and food
festival to Saturday, October 15, 2016.
IMPACT TO FINANCIAL AND PERSONNEL RESOURCES:
There is no impact to the City associated with the modified event date.
BACKGROUND:
On May 24, 2016, the City Council approved Temporary Use Permit 16-005, authorizing
a beer and food festival at Heritage Square Park on October 22, 2016. The applicant
has requested the event date be moved to increase availability for breweries to
participate in the approved event.
ANALYSIS OF ISSUES:
The applicant is planning for a diverse offering of breweries for the event and has
indicated the changing of the event date will aid in the festival being a success. It has
been confirmed that Heritage Square Park is currently available on October 15, 2016 to
accommodate the date change.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Resolution approving the amendment to Temporary Use Permit No.
16-005, approving the event date change to October 15, 2016;
Item 9.n. - Page 1
CITY COUNCIL
CONSIDERATION OF AMENDMENT TO TEMPORARY USE PERMIT NO. 16-005
JULY 26, 2016
PAGE 2
2. Modify as appropriate and adopt the Resolution approving the amendment to
Temporary Use Permit No. 16-005, approving the event date change to
October 15, 2016;
3. Do not adopt the Resolution, take tentative action to deny the amendment to
the Temporary Use Permit, and direct staff to return with an appropriate
Resolution; or
4. Provide direction to staff.
ADVANTAGES:
Moving the event date is anticipated to allow for increased brewery participation with the
goal of creating a successful event.
DISADVANTAGES:
None identified.
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 is included in the Resolution requiring the applicant to mail or
hand deliver notification of the event to all affected Village residents one week before
the event. Unlike other Village events where streets are being closed, the applicant is
not being required to place an advertisement in The Tribune prior to the event.
The Agenda was posted in front of City Hall on Thursday, July 21, 2016. The Agenda
and report were posted on the City’s website on Friday, July 22, 2016.
Item 9.n. - Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING TEMPORARY USE PERMIT NO.
16-005; AUTHORIZING THE USE OF CITY PROPERTY FOR BEER
AND FOOD FESTIVAL ON OCTOBER 15, 2016; 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 Bacon, Brews and BBQ event, have requested the use of Heritage Square Park and the
reservation of on street parking directly adjacent to the park for the operation of a beer and food
festival; 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, on May 24, 2016, the City Council approved Temporary Use Permit No. 16-005
and now desires to amend that approval to change the date of the event from October 22, 2016
to October 15, 2016; 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.
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.
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.
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.
Item 9.n. - Page 3
RESOLUTION NO.
PAGE 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby amends Temporary Use Permit 16-005, 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 , seconded by Council Member , and on the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this 26th day of July 2016.
Item 9.n. - Page 4
RESOLUTION NO.
PAGE 3
________________________________________
JIM HILL, MAYOR
ATTEST:
________________________________________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
________________________________________
GEOFF ENGLISH, ACTING CITY MANAGER
APPROVED AS TO FORM:
________________________________________
HEATHER K. WHITHAM, CITY ATTORNEY
Item 9.n. - Page 5
RESOLUTION NO.
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL FOR
AMENDED TEMPORARY USE PERMIT NO. 16-005
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 12:00 pm to 9:00 pm on Saturday, October 15,
2016.
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 July 26, 2016.
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 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.
Engineering Division Conditions
11. Restroom facilities, barricades, and signing shall be provided by the VIA 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, 2016.
Item 9.n. - Page 6
RESOLUTION NO.
PAGE 5
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
Festival.
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 a minimum of 48 hours prior to event
setup.
21. A minimum of three (3) private security personnel will be provided by the VIA, to the
satisfaction of the Chief of Police. The VIA will present to the Arroyo Grande Police
Department two (2) weeks prior to the event:
a. The name of the security agency
b. A schedule of security coverage
c. Location and hours of security assignments
Minimum required security is one (1) volunteer officer stationed at the event and two
(2) volunteer officers assigned to the Swinging Bridge.
22. Failure to provide private licensed security will result in AGPD Officers being assigned
with expenses billed to the VIA.
Special Conditions
23. Notification of all restricted parking must be posted a minimum of 48 hours prior to
event, stating the dates and times of restrictions.
Item 9.n. - Page 7
RESOLUTION NO.
PAGE 6
24. 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 due to the revised street
closures.
Item 9.n. - Page 8