CC 2018-03-13_09g TUP Beer and Food Festival
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: MATTHEW DOWNING, PLANNING MANAGER
SUBJECT: CONSIDERATION OF TEMPORARY USE PERMIT NO. 17-023;
AUTHORIZATION TO USE CITY PROPERTY FOR A BEER AND FOOD
FESTIVAL ON SATURDAY, OCTOBER 13, 2018, AND WAIVER OF
APPLICATION FEES; LOCATION – HERITAGE SQUARE PARK;
APPLICANT – ARROYO GRANDE VILLAGE IMPROVEMENT
ASSOCIATION; REPRESENTATIVE – BOB LUND
DATE: MARCH 13, 2018
SUMMARY OF ACTION:
Approval of the permit will allow a beer and food festival to occur at Heritage Square
Park on October 13, 2018.
IMPACT TO FINANCIAL AND PERSONNEL RESOURCES:
There is no direct funding impact anticipated as a result of this event. The project is
conditioned to require the applicant to provide adequate restroom and trash facilities for
the event and any City expenses will be reimbursed. These expenses are anticipated to
be minimal, if any. Approval of the application fee waiver request would result in a $200
loss in revenue.
RECOMMENDATION:
It is recommended the City Council adopt a Resolution approving Temporary Use
Permit 17-023.
BACKGROUND:
The applicant has submitted an application for a Temporary Use Permit to utilize
Heritage Square Park for a beer and food festival to be held on October 13, 2018, called
the “Arroyo Grande Beer Feast,” and hosted by the Arroyo Grande Village Improvement
Association (AGVIA). The applicant proposes to utilize Heritage Square Park between
the hours of 10:00 am and 8:00 pm for setup and teardown of the event, with the event
occurring between the hours of 2:00 pm and 6:00 pm. The applicant indicates this will
be a high-end event, limited to 525 attendees, thirty (30) breweries, and ten (10) food
vendors. Waist-high fencing will be utilized at the back of the adjacent sidewalks to
close the event, and only persons 21 years of age and older will be admitted into the
event. Food vendors will be comprised of Village restaurants first, with expansion of the
Item 9.g. - Page 1
CITY COUNCIL
CONSIDERATION OF TEMPORARY USE PERMIT NO. 17-023
MARCH 13, 2018
PAGE 2
invitation to restaurants outside of the Village after that. Live music is proposed at the
Rotary Bandstand during the event. The AGVIA will provide security as approved by the
City of Arroyo Grande Police Department and provide Swinging Bridge security as
needed.
Staff Advisory Committee
The Staff Advisory Committee (SAC) reviewed the proposed project on February 21,
2018. Members of the SAC discussed several aspects of the project and concluded that
there would be no foreseeable issues with parking, neighbors, or security. The SAC was
in support of the project with conditions of approval included to ensure a safe and
successful event.
ANALYSIS OF ISSUES:
The proposed event will bring a significant number of participants to Heritage Square
Park in the Village. The proposal for such a large event on City property and the request
to reserve street parking adjacent to the event site necessitates Council’s approval of
the Temporary Use Permit. 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 results
in a successful event for the applicant, the attendees, the neighbors and the City.
Parking
The applicant is not requesting reservation of parking within City owned parking lots as
is typically requested for other events in the Village area. However, the applicant is
requesting the reservation of street parking directly adjacent to the park for several
purposes, including parking for cabs, loading and unloading of equipment and parking
of vehicles for the breweries and restaurants, pickup of attendees by designated drivers,
cabs, or other accommodations.
Attendee Identification
The event is proposed to be open only to those individuals who purchase tickets.
Presale tickets will be sold, with any additional tickets being available for purchase at
the event. Attendees paying to taste beer will be given wristbands identifying their
allowed participation. Designated drivers will be able to attend the event to eat food, but
will be given a different wristband to identify them as drivers, and will not be provided
the tasting glass. Individuals under 21 and those who do not have wristbands will not be
permitted into the event area. Private security personnel required for the event will
immediately remove individuals found in the event without proper wristbands.
Restrooms
The applicant is required to provide adequate restrooms in addition to the new
restrooms located in Heritage Square Park. During last year’s event, additional
restrooms were located on the Short Street side of the venue. The 2017 event map
designated three restrooms outside of the fencing, which is anticipated to occur again
this year should the permanent restroom facilities be inadequate for the number of
attendees at this year’s event.
Item 9.g. - Page 2
CITY COUNCIL
CONSIDERATION OF TEMPORARY USE PERMIT NO. 17-023
MARCH 13, 2018
PAGE 3
Neighboring Property Rental
During the 2017 event, the adjacent property was reserved at the same period for a
wedding. The City worked with the applicant and the wedding organizers to coordinate
these events to ensure the events were successful. It has been confirmed that no other
events are scheduled on the adjacent property on the same day as the Beer Feast, nor
will one be if the project is approved by the Council. This will further ensure the event
does not impact adjacent properties.
Waiver of Application Fees
The applicant has requested the application fees associated with the Temporary Use
Permit application be waived. If approved, this waiver would result in the loss of $200 in
revenue. This revenue is used to offset the costs of processing the application. The
event, now in its third year, has traditionally received a fee waiver and is recommended
to do so again this year. Although the time necessary to process the application the first
year was higher, subsequent years have resulted in less impact to personnel resources
due to increased familiarity with the event. Although the City does not directly profit from
the Beer Feast, it does bring over 500 attendees to the Village, which can have a direct
economic benefit to businesses in the area, resulting in increases in sales tax. The
event also provides additional exposure of the City and its amenities to the public. While
this exposure cannot be directly quantified, it remains beneficial. Lastly, the Council has
previously established through adoption of Resolution No. 3760 (Attachment 3) the
blanket waiver of application fees for similar annual events. These events include the
Car Sho, Harvest Festival, and Strawberry Festival. Although the Beer Feast is not
identified on this list, the evolving annual nature of the event is consistent with the intent
of the policy.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the attached Resolution approving Temporary Use Permit 17-023 and
waiver of application fees;
2. Modify as appropriate and adopt the attached Resolution approving Temporary
Use Permit 17-023 and waiver of application fees;
3. Do not adopt the attached Resolution, take tentative action to deny the temporary
use, and provide direction to staff on specific findings for denial of Temporary
Use Permit 17-023; or
4. Provide direction to staff.
ADVANTAGES:
The event, now in its third year, has become an annual event that is well attended and
viewed as a successful event. This event will continue to provide an opportunity for local
restaurants to showcase their food and will draw additional interest to the City, spurring
the local economy.
Item 9.g. - Page 3
CITY COUNCIL
CONSIDERATION OF TEMPORARY USE PERMIT NO. 17-023
MARCH 13, 2018
PAGE 4
DISADVANTAGES:
The event will bring a large number of people to an event where alcohol will be
consumed. This can cause noise issues with the nearby residences and impaired
motor vehicle operation is a possibility. Conditions of approval requiring resident
notification and the applicant providing incentives for designated drivers to attend the
event aim to minimize the potential negative impacts and ensure a successful event.
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 has been developed requiring the applicant to mail or hand
deliver notification of the event to all affected Village residents one week before the
event.
The Agenda was posted in at City Hall and on the City’s website in accordance with
Government Code Section 54954.2. At the time of report publication, no comments had
been received.
Attachments:
1. Letter from the Village Improvement Association
2. 2017 event map
3. Resolution No. 3760
Item 9.g. - Page 4
RESOLUTION NO.
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,
Item 9.g. - Page 5
RESOLUTION NO.
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 , seconded by , and on the following roll call vote,
to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this 13th day of March, 2018.
Item 9.g. - Page 6
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.g. - Page 7
RESOLUTION NO.
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.
Item 9.g. - Page 8
RESOLUTION NO.
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.
Item 9.g. - Page 9
ATTACHMENT 1
Item 9.g. - Page 10
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ATTACHMENT 2
Item 9.g. - Page 11
RESOLUTION NO. 3760
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ESTABLISHING POLICIES TO WAIVE PERMIT
APPLICATION FEES FOR C'ERTAIN ANNUAL TEMPORARY USE
PERMIT EVENTS
WHEREAS, Temporary Use Permits for certain annual events are granted application
fee refunds; and
WHEREAS, these Temporary Use Permit events meet the criteria established by the
City Council on September 25, 2001 for application fee waivers; and
WHEREAS, staff expends a substantial amount of City time and resources submitting
application fee refund requests to Administration, the City Council, and Finance;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande as follows:
1. That a list of annual Temporary Use Permit events meeting the application
fee waiver criteria be established to streamline the process of refunding
permit application fees; and
2. That the initial list of Temporary Use Permit events eligible for fee waivers
include the following events that have been granted a refund of permit
application fees in the past: the Arroyo Valley Car Show, Christmas
Caroling in the Village, Harvest Festival, March of Dimes Walk America,
Nelson Green Book Fair, Strawberry Festival, Summer Concerts in the
Village, and Watershed Education Fair; and
3. That Temporary Use Permit events will be added or removed from the fee
waiver list only by action of the City Council.
On motion of Council Member Runels, seconded by Council Member Dickens, and on
the following roll call vote, to wit:
AYES: Council Members Runels, Dickens, Lubin and Mayor Ferrara
NOES: None
ABSENT: Council Member Costello
the foregoing Resolution was passed aRd adopted this 13th day of July 2004.
w_________
ATTACHMENT 3
Item 9.g. - Page 12
RESOLUTION NO. 3760
PAGE 2
ATTEST:
lLbJkUM.JL-
ORE, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
Z~
STEV ADAMS, CITY MANAGER
APPROVED AS TO FORM:
I
Item 9.g. - Page 13
RESOLUTION NO. 3760
OFFICIAL CERTIFICATION
I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande, County of San Luis Obispo, State of California, do
hereby certify under penalty of pe~ury, that Resolution No. 3760 is a true, full,
and correct copy of said Resolution passed and adopted at a regular meeting of
the City Council of the City of Arroyo Grande on the 13th day of July, 2004.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th
day of July, 2004.
KELLY Eli ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
Item 9.g. - Page 14