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CC 2019-05-14_08d TUP_Beer and Food Festival MEMORANDUM TO: CITY COUNCIL FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: ANDREW PEREZ, ASSISTANT PLANNER SUBJECT: CONSIDERATION OF TEMPORARY USE PERMIT NO. 19-002; AUTHORIZATION TO USE CITY PROPERTY FOR A BEER AND FOOD FESTIVAL ON SATURDAY, OCTOBER 12, 2019, AND WAIVER OF APPLICATION FEES; LOCATION – HERITAGE SQUARE PARK; APPLICANT – ARROYO GRANDE VILLAGE IMPROVEMENT ASSOCIATION; REPRESENTATIVE – BOB LUND DATE: MAY 14, 2019 SUMMARY OF ACTION: Approval of the permit will allow a beer and food festival to occur at Heritage Square Park on October 12, 2019. 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 $256 loss in revenue. RECOMMENDATION: It is recommended the City Council adopt a Resolution approving Temporary Use Permit 19-002 and waiver of application fees. 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 12, 2019, 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 9:00 am and 9:00 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 featuring thirty (30) breweries, and ten (10) food vendors. The number of tickets available for the event will increase from the 500 offered last year, to 625 this year. 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 Item 8.d. - Page 1 CITY COUNCIL CONSIDERATION OF TEMPORARY USE PERMIT NO. 19-002 MAY 14, 2019 PAGE 2 be comprised of Village restaurants first, with expansion of the 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 April 17, 2019. 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 in the prepared Resolution 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 restrooms located in Heritage Square Park. During last year’s event, additional restrooms were located on the Short Street side of the venue. Consistent with this event in prior years, the 2019 event map designates three restrooms outside of the fencing, should the permanent restroom facilities be inadequate for the number of attendees at this year’s event. Item 8.d. - Page 2 CITY COUNCIL CONSIDERATION OF TEMPORARY USE PERMIT NO. 19-002 MAY 14, 2019 PAGE 3 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 $256 in revenue. This revenue is used to offset the costs of processing the application. The event, now in its fourth 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 19-002 and waiver of application fees; 2. Modify as appropriate and adopt the attached Resolution approving Temporary Use Permit 19-002 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 19-002; or 4. Provide direction to staff. ADVANTAGES: The event, now in its fourth 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. 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. Item 8.d. - Page 3 CITY COUNCIL CONSIDERATION OF TEMPORARY USE PERMIT NO. 19-002 MAY 14, 2019 PAGE 4 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. 2019 event map 3. Resolution No. 3760 Item 8.d. - Page 4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO.19-002 AND WAIVER OF APPLICATION FEES; AUTHORIZATION TO USE CITY PROPERTY FOR A BEER AND FOOD FESTIVAL ON OCTOBER 12, 2019; 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, the Item 8.d. - Page 5 RESOLUTION NO. PAGE 2 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 19-002, authorizing the use of City property as presented to the City Council on May 14, 2019, 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 14th day of May, 2019. Item 8.d. - Page 6 RESOLUTION NO. PAGE 3 _________________________________________ CAREN RAY RUSSOM, 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 8.d. - Page 7 RESOLUTION NO. PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TEMPORARY USE PERMIT NO. 19-002 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 12, 2019. 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 May 14, 2019. 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 8.d. - 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 September 25, 2019. 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 8.d. - Page 9 ATTACHMENT 1 Item 8.d. - Page 10 April 1, 2019 Mr. Matthew Downing, Planning Manager City of Arroyo Grande 300 East Branch St. Arroyo Grande, CA 93420 Dear Mr. Downing: RECEIVED APR O 1 2019 COMMUNITY DEVELOPMENT CITY OF ARROYO GRANDE I am submitting the items below for departmental review. I have attached a completed "Temporary Use Permit". Arroy o Grande Beer Feast -Saturday , October 12, 2019: We request the use of the lawns and bandstand at Heritage Square Park from 9:00 a.m. to 8:oo p.m. Saturday, October 1~2019. The event hours will be from 2:00 to 6:oo p.m. 25% of the net proceeds of this event will be contributed to the Five Cities Meals on Wheels, a California non- profit 501 c 3 corporation. The Arroyo Grande Village Improvement Association (AGVIA) will provide the necessary insurance policy to the City by September 25, 2019. AGVIA will obtain the necessary "Daily License Application/ Authorization" from the State of California Department of Alcohol Beverage Control. AGVIA will compensate the City for any extra expenses incurred as agreed upon. AGVIA will abide by all rules and regulations that will be discussed and agreed upon. AGVIA will provide and place all barricades and signs as necessary. The ABC requires that the Heritage Square area be fenced off with waist high fencing. This will be done by AGVIA. Entry areas will be monitored and only persons over 21 years old will be granted admission. AGVIA will provide security as approved the City of Arroyo Grande Police Department. AGIV A will provide Swinging Bridge security as needed. This is a high end event which will be limited to thirty breweries and ten food vendors. Attendance will be limited to 600 attendees. AGVIA will provide music at the Rotary Bandstand for the event. Tickets for attendance will be $70.00 for general admission and $25.00 for designated drivers. Beer and food will be served from 2:00 until 6:00. Thank you for your consideration. Sincerely, Bob Lund, Executive Director Arroyo Grande Village Improvement Association trash binsice 15 16138910111214 51 3 4 5 1 45 44 43 42 41 40 39 38 37 36 34 33 28 32 31 30 29 26171819202122232425 6 7 27 47 48 46 49 35 50 2 !_!_!_ PLAY STRUCTURE [ [ [ [ [ [ [ [ [ [ [ [ [ [ [[ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [[ [ [ [ [ [ [ [ [ [ [ [ [ [ [[ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [[[[[[[[[[ [ [ [ [ [ [ [ [ [ [ [ [[[ [[ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [[ [ [ [ [ [ [ [ [ [ [ [ [[[ [[ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [[[[[")EN NELSON ST VENUE ENTRANCE")EMEMERGENCY EXIT SHORT ST ")EM MASON ST EMERGENCY EXIT NELSON STREETSHORTSTREET MASONSTREET0 2010 FEET ® OCTOBER 12 2019 OCTOBER 2:00PM - 6:00 PM ARROYO GRANDE BEER AND FOOD FESTIVAL ")EM EMERGENCY EXIT SCHOOL PARKING LOT WATER STATION LOCATION RESTAURANT VENDOR !_ ATTACHMENT 2 Item 8.d. - Page 11 .. • • • .. - .. • 0 ■ - -· C IFIii Ell I ____ J ■1 ' ' ' ' , I I I I • t ) I I ■11.10 ■ 1111111.n ,, .. C 1□111 Ell • ,,. I' --.-------1 • I •I•-- ' t:i I • l ~-,. I :. n I ---=-- ---.= J I I I I :.:.1.: • :_ -J_ -J : ---- r-.-- I I I I I I I •~•:••I••• •l•:•I• I I I I I I -----..L----~- ' :• ,----, I. I ~----1. I l a L :. • -· ■ ■1111 Ell ■ ~ - 0 ■ -.. • • • .. ATTACHMENT 3 Item 8.d. - Page 12 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: NOES: ABSENT: Council Members Runels, Dickens, Lubin and Mayor Ferrara None Council Member Costello the foregoing Resolution was passed aRd adopted this 13th day of July 2004. Item 8.d. - Page 13 RESOLUTION NO. 3760 PAGE 2 ATTEST: ~llilc/tVML- LlYETORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: APPROVED AS TO FORM: Item 8.d. - Page 14 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 perjury, 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. Et ORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK