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R 4914 RESOLUTION NO. 4914 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO. 19-003 AND APPROVING A WAIVER OF FEES; AUTHORIZATION FOR THE SALE OF BEER AND WINE AT THE 2019 HERITAGE SQUARE PARK SUMMER CONCERT SERIES; APPLIED FOR BY THE ARROYO GRANDE ROTARY CLUB AND THE SOUTH COUNTY HISTORICAL SOCIETY 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 2019 Concert Series (the "Event"); and WHEREAS, the SCHS and the AGRC operated the same type of event during the 2018 Concert Series, which was determined to be successfully implemented; and WHEREAS, the SCHS and the AGRC submitted a request to waive the $256 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 and AGRC 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. RESOLUTION NO. 4914 PAGE 2 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 the Event being monitored by SCHS and AGRC 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 19-003, authorizing the sale of beer and wine at the 2019 Heritage Square Park Summer Concert Series as presented to the City Council on April 23, 2019, 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 approves the fee waiver request for the Temporary Use Permit application processing fee. On motion of Council Member Storton, seconded by Council Member George, and by the following roll call vote, to wit: AYES: Council Members Storton, George, Paulding, Barneich NOES: None ABSENT: Mayor Ray Russom the foregoing Resolution was passed and adopted this 23rd day of April, 2019. RESOLUTION NO. y9if PAGE 3 1r)\ )),.. KRISTEN BAR 4= , MAYO - PR TEM ATTEST: KELLY ET. ORE, CITY CLERK APPROVED AS TO CONTENT: elk JAMES A.'S MAN, CITY MANAGER APPROVED AS TO FORM: WEATHER K.WHITHAM, CITY ATTORNEY RESOLUTION NO. 4914 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TEMPORARY USE PERMIT NO. 19-003. This approval authorizes the sale of beer and wine between 12:00 — 3:00 PM during the 2019 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 23, 2019. 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. 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). 6. 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. 7. Requests to continue alcoholic beverage sales in future years shall be made through the Temporary Use Permit process. Public Works Department Conditions 8. 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. 9. 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. RESOLUTION NO. 4914 PAGE 5 10. The SCHS and AGRC shall reimburse the City for electrical costs associated with the event. 11. 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. 12. The SCHS and AGRC shall remove any tape placed on streets, parking areas, and grass after the event. 13. 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 14. Restroom facilities, barricades, and signing shall be provided by the SCHS and AGRC as required. 15. The SCHS and AGRC shall provide a $1,000,000 comprehensive general liability insurance policy naming the City as additional insured by June 1, 2019. 16. 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 17. 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. 18. 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. 19. 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. 20. The use of generators must be reviewed and approved by the Building Official. 21. The SCHS and AGRC shall identify an individual to act as liaison with the Fire Department for the purpose of maintaining life and safety. Police Department Conditions 22. All temporary "No Parking" signs shall be posted a minimum of 48 hours prior to event setup. RESOLUTION NO. 4914 PAGE 6 City Council Conditions 23. 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. 24. The Staff Advisory Committee shall conduct a debriefing following the conclusion of the first few events to evaluate 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. 4914 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 23rd day of April, 2019. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25th day of April, 2019. l i rttif 4U0A)-- KELLY ET, ORE, CITY CLERK