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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