R 5232 RESOLUTION NO. 5232
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING TEMPORARY USE PERMIT
NO. 22-010 AND WAIVER OF APPLICATION FEES;
AUTHORIZATION TO USE CITY PROPERTY FOR A BEER AND
WINE FESTIVAL ON NOVEMBER 5, 2022; LOCATED AT
HERITAGE SQUARE PARK; APPLIED FOR BY THE ARROYO
GRANDE VILLAGE ASSOCIATION
WHEREAS, the organizers of the Arroyo Grande Beer and Wine Festival have applied
for the temporary use of Heritage Square Park for a beer and wine festival; 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, the applicant 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 applicant will provide security,
the proposed site functions as a permanent park, and is accustomed to
a higher flow of visitors on the site.
RESOLUTION NO. 5232
PAGE 2
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 Square Park is located in a
commercial district that has ample public parking for visitors.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Arroyo Grande hereby approves Temporary Use Permit 22-010, authorizing the use of City
property as presented to the City Council on October 11, 2022, 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 Council Member Paulding, seconded by Council Member George, and by the
following roll call vote, to wit:
AYES: Council Members Paulding, George, Storton, Barneich, and Mayor Ray Russom
NOES: None
ABSENT: None
The foregoing Resolution was approved this 11th day of October, 2022.
RESOLUTION NO. 'Sa3a-
PAGE 3
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CAREN RAY RUS , MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
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WHITNEY /DONALD, CITY MANAGER
APPROVED AS TO FORM:
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TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO. 5232
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL FOR
TEMPORARY USE PERMIT NO. 22-010
This approval authorizes the use of Heritage Square Park and on street parking on
the north side of Nelson Street, and east side of Short Street adjacent to the park for
a beer and wine festival from 12:00 pm to 4:00 pm on Saturday, November 5, 2022.
General Conditions
1. The applicant 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 applicant shall comply with all the conditions of the City Council
Resolution adopted on October 11, 2022.
4. The applicant 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 applicant 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 applicant of their obligations under this
condition.
Public Works Department Conditions
5. The applicant 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 applicant.
6. The applicant 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 applicant shall reimburse the City for electrical costs associated with the
event.
8. The applicant 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 applicant shall remove any tape placed on streets, parking areas, and
grass after the event.
10. No stakes or signage shall be driven into the turf and lawn areas to prevent
damage to the irrigation system. The applicant shall reimburse the City for
any damage to the irrigation system at the park.
RESOLUTION NO. 5232
PAGE 5
Engineering Division Conditions
11. The applicant shall provide restroom facilities, fencing, and signage as
required.
12. The applicant shall provide a $1,000,000 comprehensive general liability
insurance policy naming the City as additional insured by October 24, 2022.
13. The applicant 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. 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.
15. 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.
16. The use of generators must be reviewed and approved by the Building Official.
17. The applicant shall identify an individual to act as liaison with the Fire
Department for the purpose of maintaining life and safety.
Police Department Conditions
18. All temporary "No Parking" signs shall be posted by the applicant a minimum
of 48 hours prior to the event, stating the dates and times of restriction.
19. Private security personnel will be provided by the applicant, to the satisfaction
of the Chief of Police.
20. Failure to provide private licensed security will result in AGPD Officers being
assigned with expenses billed to the applicant.
Special Conditions
21. The applicant shall mail or hand deliver notification of the event to all properties
between Bridge Street and Whitely Street from Branch Street to Allen Street,
one week before the event.
OFFICIAL CERTIFICATION
I, JESSICA MATSON, 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. 5232 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 11th day of October, 2022.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13th day of
October, 2022.
JESSICA MATSON, CITY CLERK