R 5295 RESOLUTION NO. 5295
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING TEMPORARY USE PERMIT
NO. 23-005 AND APPROVING A WAIVER OF FEES;
AUTHORIZATION FOR THE SALE OF BEER AND WINE AT THE
2023 HERITAGE SQUARE PARK SUMMER CONCERT SERIES;
APPLIED FOR BY THE ARROYO GRANDE ROTARY CLUB
WHEREAS, the 2023 Heritage Square Park Summer Concert Series (the "Event") is
a City program organized by the Recreation Services Department; and
WHEREAS, the Arroyo Grande Rotary Club (AGRC) have requested permission for
the sale of beer and wine at the Event; and
WHEREAS, beer and wine sales organized by the AGRC during the 2018, 2019,
2021, and 2022 Events were successfully implemented; and
WHEREAS, the AGRC submitted a request to waive the $302 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 AGRC will be responsible for monitoring identification
and consumption of alcoholic beverages during the Event.
NOW, THEREFORE, BE IT RESOLVED THAT:
Section 1. Recitals. All recitals above are true, correct, and incorporated herein by
reference.
Section 2. Findings. The City Council finds, in accordance with the requirements of
Arroyo Grande Municipal Code section 16.16.090(E), 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 AGRC will have trained personnel monitoring
individuals purchasing and consuming alcohol to prevent disruptions to
the public health, safety, or general welfare.
RESOLUTION NO. 5295
PAGE 2
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 due to the
Event being monitored by 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.
Section 3.Temporary Permit Approval. The City Council of the City of Arroyo Grande
hereby approves Temporary Use Permit 23-005, authorizing the sale of beer and
wine at the 2023 Heritage Square Park Summer Concert Series as presented to the
City Council on June 13, 2023, with the above findings and subject to the conditions
as set forth in Exhibit"A", attached hereto and incorporated herein by this reference.
Section 4. Fee Waiver Approval. Based on the authority found in Resolution No.
3760, adopted July 13, 2004, 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 Barneich, seconded by Council Member George, and
by the following roll call vote, to wit:
AYES: Council Members Barneich, George, Guthrie, and Mayor Ray Russom
NOES: None
ABSENT: Council Member Secrest
The foregoing Resolution was passed and adopted this 13th day of June 2023.
RESOLUTION NO.
PAGE 3
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CARERAY ' '.SO MAYOR
ATTEST:
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JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
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WHITNEY Mc I ONALD, MANAGER
APPROVED AS TO FORM:
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1SAC ROSEN, CITY ATTORNEY
RESOLUTION NO. 5295
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL FOR
TEMPORARY USE PERMIT NO. 23-005
This approval authorizes the sale of beer and wine from 11:00 AM —4:00 PM on July
4, 2023, and from 1:00 — 3:00 PM for the remainder of the 2023 Heritage Square
Park Summer Concert Series.
General Conditions
1. The Arroyo Grande Rotary Club (AGRC) shall ascertain and comply with all
State, County and City requirements as are applicable to this project,
specifically obtain daily licenses for each occurrence and abide by all
conditions from the Department of Alcoholic Beverage Control
2. The event shall occur in substantial conformance with the application and
plans on file in the Community Development Department office.
3. The AGRC shall comply with all the conditions of the City Council Resolution
adopted on June 13, 2023, approving temporary use permit No. 23-005.
4. The 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 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 AGRC of their obligations under this
condition.
5. The AGRC shall monitor alcohol sales to ensure alcoholic beverages are
served to responsibly behaving persons over the age of twenty-one (21).
Volunteers shall be trained to check identification of all persons buying alcohol
for verification that the purchaser is 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.
8. The 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.
9. The Staff Advisory Committee shall conduct a debriefing following the
conclusion of the first few events to evaluate the success of the event.
10. AGRC shall remit ten percent (10%) of gross revenue from beer and wine
sales to the Recreation Services Department.
RESOLUTION NO. 5295
PAGE 5
Public Works Department Conditions
11. The AGRC is responsible for providing temporary cardboard trash
receptacles, 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 AGRC. The Public Works Department shall have final
approval over the number of trash receptacles, trash bags, and restroom
facilities necessary for the event.
12. The 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.
13. The AGRC shall reimburse the City for electrical costs associated with the
event.
14. The 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.
15. The AGRC shall remove any tape placed on streets, parking areas, and grass
after the event.
16. At the end of each event, the AGRC shall place all trash bags near the
sidewalk so that City Public Works staff can more easily load them onto a truck
for disposal and recycling.
17. The ARGC shall flag all sprinkler heads on turf and lawn areas to prevent
damage. The AGRC shall reimburse the City for any damage to the irrigation
system at the park.
18. The AGRC shall abide by all terms and conditions of the Park Use Permit
issued by the Recreation Services Department.
Engineering Division Conditions
19. Restroom facilities, barricades, and signing shall be provided by the AGRC as
required.
20. The AGRC shall provide a $1,000,000 comprehensive general liability
insurance policy naming the City as additional insured by June 30, 2023.
21. The 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
22. All food booths must comply with the Fire Department guidelines, and must
have County Health Department approval. The AGRC will inform booth
applicants of Fire Department guidelines, and will ensure total compliance of
booth operators. The AGRC will not allow non-compliant booths to operate.
23. 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.
24. 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
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. 5295 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 13th day of June, 2023.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of
June, 2023.
. ,, __
SSICA MATSON, CITY CLERK