R 4846 RESOLUTION NO. 4846
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
RESOLUTION NO. 4846
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 Mayor Hill, seconded by Council Member Ray, and on the following
roll call vote, to wit:
AYES: Mayor Hill, and Council Members Ray, Brown, Barneich, and Harmon
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 10th day of April 2018.
RESOLUTION NO. 4617/40
PAGE 3
JIM HIL MAYOR
ATTEST:
for-
KELLY T r GORE, CITY CLERK
APPROVED AS TO CONTENT:
NIL
JAMES AN, CITY MANAGER
APPROVED AS TO FORM:
HEATHER K. WHITHAM, CITY ATTORNEY
RESOLUTION NO. 4846
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.
RESOLUTION NO. 4846
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.
RESOLUTION NO. 4846
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Police Department Conditions
23. All temporary "No Parking" signs shall be posted a minimum of 48 hours
prior to event setup.
City Council Conditions
24. The SCHS and AGRC 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.
25. The Staff Advisory Committee shall conduct a debriefing following the
conclusion of the first few events to evaluate how the success of the event.
OFFICIAL CERTIFICATION
I, KELLY WETMORE, 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. 4846 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 10th day of April, 2018.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th day of
April, 2018.
•
i
KELLY ' ET♦f ORE, CITY CLERK