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HomeMy WebLinkAboutCC AG PKT 2002-11-12 #S AGENDA REPORT DATE: November 12, 2002 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Mac Cummins, Associate Planner /Special Projects Manager SUBJECT: Special Event Permit Policy SUMMARY OF REQUEST: Change City Council adopted Policy Statement with regard to Special Event Permits. At the Council's direction, the Policy Statement was referred to the Parks & Recreation Commission for comments relating to events in parks and City owned facilities. Those comments are included in the draft before the Council this evening. BACKGROUND: In August, 2001, the City Council adopted an ordinance and adjoining policy statement relating to "Special Events." The ordinance (Chapter 19E of the Municipal Code) sets forth the procedures for making an application to the City for a Special Event, and the policy statement further defines "special events." The procedure is the same for events which are located on public property or private property. On September 23, 2002, the City Council considered the Special Event Permit process and the types of events which are considered special events. That evening the Council adopted revisions to the existing ordinance, and directed staff to take the City Council policy statement to the Parks & Recreation Commission before returning it to the City Council for final considerations. The Policy Statement defines what is and is not considered a "special event." Staff took the Policy Statement to the Parks & Recreation Commission on October 30, 2002. The following represent the changes to the Council Policy Statement which were discussed at the meeting of October 30: • Parties on Park space involving less than 25 people, do not serve alcohol, and do not involve live music should NOT need a special event pgivrrw • Events which are wholly contained within a City owned facility should NOT need a special event permit • Events at the Marina Center & Senior Center which serve alcohol should NOT need a special event permit by virtue of the fact that the fee resolution already contains a provision to charge for alcohol sales at those sites. Agenda Item S • Events on the Electric Greenbelt will be limited to daytime events only, and no exterior lighting shall be provided. Staff also addressed the concerns related to memorial services on City owned facilities or park space by adding a section to the Policy Statement which would set a Policy of NOT requiring a special event permit for these types of situations. This evening's action would put into place a policy which will define what is and is not a special event. The action will also direct staff how to advise customers as to what permit they will need to obtain to do different types of event within the City. FISCAL IMPACT: None. Staff time in preparing this evening's staff report. RECOMMENDATION: Change City Council adopted Policy Statement with regard to Special Event Permits. Mac Cummins, Assam - • anner /Special Projects Manager Attachments (4): 1. Municipal Code Amendment to add Chapter 19 -E 2. Existing Special Events Permit Policy Statement 3. Proposed Special Events Permit Policy Statement w /changes N • : D A ► APPROV 6 ....,---- J r : ahorski, City Manager Agenda Item Attachment 1 ORDINANCE NO. 1491 AN ORDINANCE OF THE CITY OF SEAL BEACH REGARDING SPECIAL EVENTS AND AMENDING CHAPTER 19E OF THE CODE OF THE CITY OF SEAL BEACH • THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Section 19E -3 of. Chapter 19E of the Code of the City of Seal Beach is hereby amended to read as follows: "Section 19E -3. Definitions. A. "City Manager" means the City Manager or the designee thereof. B. "Director of Development Services" means the Director of Development Services or the designee thereof. C. "Special event" means a short term land use activity that is distinct from the customary land use of the property on which it is conducted and that involves the potential for a substantial number of participants or spectators. Special event includes carnival, live music concert, outdoor dining, seasonal goods market (such as a Christmas tree farm or pumpkin farm), street fair and street marathon." Section 2. Section 19E -5 of Chapter 19E of the Code of the City of Seal Beach is hereby amended to read as follows: "Section 19E -5. Procedure. A. Application Filing Time. An application for a special event permit, along with an application fee in an amount established by City Council resolution, shall be filed at least thirty (30) days prior to the date of the proposed special event. Notwithstanding the preceding, the Director of Development Services may accept a special event permit application filed less than thirty (30) days in advance when the special event is proposed to be conducted in a City park and there is adequate time for review of the application. B. Application Contents. An application for a special event permit shall be on a form provided by the City. At a minimum, the application shall contain the following information: 1. The name of the special event organizer and the organizer's contact person (if different). - 1 of 5 - 707020.1 2. A list of the special event permits requested by the special event organizer in the previous twelve (12) months. 3. A detailed description of the proposed special event (including the hours it is to be conducted). 4. A precise diagram of the venue area and floor plan (if applicable) for the proposed special event. 5. The anticipated number of workers, participants and spectators at the proposed special event. 6. A traffic control plan (including any necessary directional devices and street closures) for the proposed special event. 7. Water facilities and sanitary measures (including toilets and trash containers) for the proposed special event. 8. Security measures for the proposed special event. C. Public Notice and Comment. Prior to making a decision on a special event permit application, the Director of Development Services shall give written notice of the application to the owners and tenants of businesses and properties located within one hundred (100) feet of the proposed venue. If the number of persons to whom notice would be delivered exceeds two hundred (200), then the Director of Development Services may instead provide the notice by placing an advertisement in a newspaper of general circulation. The Director of Development Services shall give due consideration to any written comments received from such person within five (5) days of such notice. D. Decision. The Director of Development Services shall render a written decision, supported by findings, on a special event permit application within ten (10) days of the filing of the application. The Director of Development Services may approve a special event permit upon determining that the proposed special event will not be detrimental to adjacent property or to the public health, safety and welfare. In making such determination, the Director of Development Services may consider the applicant's past conduct in connection with any special event approved during the previous twelve (12) month period. All special event permits shall be for a limited duration, which shall be indicated in the approval. No special event organizer shall be issued more than six (6) special event permits per calendar year for a particular property. The decision of the Director of Development Services shall be final unless appealed in accordance with paragraph F. -2of5- 707020.1 E. Authority To Impose Conditions. When approving a special event permit, the Director of Development Services may impose conditions as deemed necessary or appropriate to protect adjacent property and the public health, safety and welfare. Such conditions may include a requirement for the provision of security measures recommended by the Chief of Police. F. Appeals. Any interested person may appeal the Director of Development Services' decision on a special event permit application to the City Manager. Appeals must be filed in writing with the City Clerk within five (5) days of the decision. The City Manager shall conduct a hearing and render a decision on the appeal within fifteen (15) days of the filing. The decision of the City Manager shall be final." Section 3. Section 19E -6 of Chapter 19E of the Code of the City of Seal Beach is hereby amended to read as follows: "Section 19E -6. Standard Regulations. A. Except as provided in paragraph B, in addition to conformance with any conditions imposed in connection with a special event permit, each special event shall be conducted in accordance with the following regulations: 1. The special event shall be conducted entirely within the time period and the geographical boundaries approved by the Director of Development Services. The special event organizers shall conspicuously provide public notice of such time period and boundaries by posting signs at Director of Development Services approved locations. 2. The special event organizer shall submit a refundable security deposit in an amount determined by the Director of Development Services. The security deposit amount shall be based solely on the type of special event, the location of the special event and the anticipated number of participants and spectators. The special event organizer shall be refunded the security deposit less any amount deducted to cover the cost of (i) clean -up of the special event area by City forces; (ii) damage to City -owned property due to the special event; and (iii) extraordinary repair, law enforcement or public safety costs incurred by the City or another governmental agency due to the special event. 3. The special event organizer shall execute a written statement satisfactory to the City Attorney whereby the organizer promises to indemnify, defend and hold harmless the City, its elected officials, officers and employees with respect to • any liability (including attorney's fees, expenses and costs) for personal injury or • property damage sustained by any person as a result of the special event. - 3 of 5 - 707020.1 4. The special event organizer shall file a certificate of insurance evidencing that a comprehensive liability insurance policy has been issued for the special event by an insurance company that both (i) is admitted and licensed to do business in the State of California; and (ii) is rated B +VII or better according to the most recent A.M. Best Co. Rating Guide. The policy limits of such insurance shall not be less than $1,000,000.00 combined single limit or equivalent. Such policy shall (i) name the City as an additional insured; (ii) specify that it acts as primary insurance and that no insurance held or owned by the designated additional insureds shall be called upon to cover a loss; and (iii) contain a provision that no termination, cancellation or change of coverage of insured or additional insureds shall be effective until after thirty (30) days notice thereof has been given in writing to the City Manager. B. The Director of Development Services may modify or waive any regulation set forth in paragraph A upon making a determination that, in the context of a specific special event, such regulation is not necessary or appropriate to protect adjacent property or the public health, safety and welfare." Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. PASSED, APPROVED and ADOPTED this _ day of , 2002. AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS John Larson, Mayor ATTEST: Joanne Yeo, City Clerk • APPROVED AS TO FORM: -4of5- 707020.1 Quinn M. Barrow, City Attorney - 5 of 5 - 707020.1 Attachment 2 COUNCIL POLICY SUBJECT SPECIAL EVENT PERMITS SECTION INDEX NO. ISSUE DATE REVISION COUNCIL CM DATE APPROVAL APPROVAL 600 1. SCOPE Citywide 2. PURPOSE AND INTENT This City Council policy shall establish the "Special Events Permit Policy" for the City of Seal Beach in accordance with the provisions of Chapter 19E of the Code of the City of Seal Beach. 3. POLICY: The City has received numerous requests to allow land use entitlements on a "short" term basis. The City has an interest in allowing certain types of conditionally allowed uses on a short-term basis. Many of these types of uses allow private businesses to hold special events which alter the character of a particular area. For the purposes of this Policy Statement, the term "Short Term" shall refer to the following: ❑ Christmas Tree / Pumpkin sales: Up to, but not exceeding 1 month ❑ All other events held on private property: Up to, but not exceeding 2 days ❑ Events on the beach: Up to, but not exceeding 1 week ❑ Events on public property (not the beach), up to, but not exceeding 2 days Christmas Tree / Pumpkin Farms The City will allow, subject to the procedure set forth in this policy statement, a private property owner, to rent or lease a portion of private property to an individual wishing to sell Christmas Trees / Pumpkins or any other "seasonal" good for a period of up to 1 month at a time. "Seasonal" goods shall be determined by the Director of Development Services. After such an application is made to the Director of Development services, the Director shall consider the following before making a determination: ❑ Impact on traffic City Council Policy Statement Special Events Permits ❑ Impact on surrounding residential uses ❑ Impact on Noise ❑ Impact on Parking ❑ Other potentially significant impacts on the City of Seal Beach Other Privately Held Events The City wishes to allow special events, where the public are welcome but are held on private property. These types of events generally occur in short term (1 night) occurrences. They are usually land uses which would necessitate a Conditional Use Permit or some other land use entitlement. In establishing this policy statement, the City sets the policy that some land uses are beneficial to the City (when properly regulated) on a short-term basis. Further, the City will take the policy that more than 6 such events in any one calendar year shall necessitate a Conditional Use Permit, or other appropriate land use entitlement. These types of events shall include: ❑ Live music ❑ Outdoor dining ❑ Sidewalk sale (on private property) ❑ Parties in residential areas of the City where children's entertainment apparatus are used ❑ Other short term duration events determined by the City Manager or designee to be within the scope of this Policy Statement Events Held On The Beach All events held on the beach, both private events and events that are open to the general public, shall fall within the scope of this policy statement. These types of events have traditionally included beach volleyball tournaments, sand castle contests, etc. The City recognizes that the beach is perhaps the most noticeable feature of landscape within the city limits and holds its continued reputation as a family oriented source of recreation in the highest regard in terms of setting policy. Events on the beach shall be limited in scope to activities which do not detrimentally impact the surrounding environment. These impacts shall be evaluated by the City Manager or designee and shall include, but will not be limited to, the following: ❑ Impacts on Noise ❑ Impacts on Traffic • ❑ Impacts on Water Quality • ❑ Impacts on the Beach Sand etc. ❑ Impacts on the General Environment Events Held on Public Property • 2 City Council Policy Statement Special Events Permits The City recognizes that from time to time, private operators would like to utilize public land for a private function, which may or may not be open to the public. These types of events might include having a running race on city streets, utilizing a park for an arts & crafts fair etc. These events, when properly regulated, allow the public the opportunity to utilize publicly owned land. The City's interest in these types of applications is making sure that the event does not negatively impact local residents in a detrimental fashion. As such, the City will allow these types of events, subject - to Chapter 19E of the Seal Beach Municipal Code. Further, the following events shall NOT require a special event permit: • Events on City park space which have less than 25 persons in attendance and: o Do not involve alcohol sales o Do not involve live music • Events which are wholly included within a City owned facility and: o Do not involve alcohol sales o Do not involve live music o No outdoor "spillover" effects; ie outdoor dining etc. Events Held on Electric Greenbelt The City recognizes that from time to time, private operators would like to utilize the Electric Greenbelt for a private function, which may or may not be open to the public. These events, when properly regulated, allow the public the opportunity to utilize the Greenbelt. The City's interest in these types of applications is making sure that the event does not negatively impact local residents in a detrimental fashion. As such, the City Policy will be to allow these types of events with the following criteria in place: • No exterior lighting shall be provided in any fashion • No event shall be allowed past dusk • Additional safety measures shall be included in the application packet to assure safety of pedestrians to and from the greenbelt Memorial Services The City recognizes that from time to time, unfortunate circumstances arrive regarding deaths. Many times residents of the City of Seal Beach wish to hold memorial services within the City on public property. These services shall be allowed and not subject to a special event permit requirement. Services of this type shall be allowed subject to City Staff approval. 4. PROCEDURE 3 City Council Policy Statement Special Events Permits An application shall be filled out in accordance with Chapter 19E of the Seal Beach Municipal Code and will be processed through the department which the City Manager designates. The application shall include all information as outlined in Chapter 19E of the Seal Beach Municipal Code. • 4 Attachment 3 COUNCIL POLICY SUBJECT SPECIAL EVENT PERMITS SECTION INDEX NO. ISSUE DATE REVISION COUNCIL CM DATE APPROVAL APPROVAL 600 7/23/01 7/23/01 1. SCOPE Citywide 2. PURPOSE AND INTENT This City Council policy shall establish the "Special Events Permit Policy" for the City of Seal Beach in accordance with the provisions of Chapter 19E of the Code of the City of Seal Beach. 3. POLICY: • The City has received numerous requests to allow land use entitlements on a "short" term basis. The City has an interest in allowing certain types of conditionally allowed uses on a short-term basis. Many of these types of uses allow private businesses to hold special events which alter the character of a particular area. For the purposes of this Policy Statement, the term "Short Term" shall refer to the following: ❑ Christmas Tree / Pumpkin sales: Up to, but not exceeding 1 month ❑ All other events held on private property: Up to, but not exceeding 2 days ❑ Events on the beach: Up to, but not exceeding 1 week ❑ Events on public property (not the beach), up to, but not exceeding 2 days Christmas Tree / Pumpkin Farms The City will allow, subject to the procedure set forth in this policy statement, a private property owner, to rent or lease a portion of private property to an individual wishing to sell Christmas Trees / Pumpkins or any other "seasonal" good for a period of up to 1 month at a time. "Seasonal" goods shall be determined by the Director of Development Services. After such an application is made to the Director of Development services, the Director shall consider the following before making a determination: ❑ Impact on traffic City Council Policy Statement Special Events Permits ❑ Impact on surrounding residential uses ❑ Impact on Noise ❑ Impact on Parking ❑ Other potentially significant impacts on the City of Seal Beach Other Privately Held Events The City wishes to allow special events, where the public are welcome but are held on private property. These types of events generally occur in short term (1 night) occurrences. They are usually land uses which would necessitate a Conditional Use Permit or some other land use entitlement. In establishing this policy statement, the City sets the policy that some land uses are beneficial to the City (when properly regulated) on a short-term basis. Further, the City will take the policy that more than 6 such events in any one calendar year shall necessitate a Conditional Use Permit, or other appropriate land use entitlement. These types of events shall include: ❑ Live music ❑ Outdoor dining ❑ Sidewalk sale (on private property) ❑ Parties in residential areas of the City where children's entertainment apparatus are used ❑ Other short term duration events determined by the City Manager or designee to be within the scope of this Policy Statement Events Held On The Beach All events held on the beach, both private events and events that are open to the general public, shall fall within the scope of this policy statement. These types of events have traditionally included beach volleyball tournaments, sand castle contests, etc. The City recognizes that the beach is perhaps the most noticeable feature of landscape within the city limits and holds its continued reputation as a family oriented source of recreation in the highest regard in terms of setting policy. Events on the beach shall be limited in scope to activities which do not detrimentally impact the surrounding environment. These impacts shall be evaluated by the City Manager or designee and shall include, but will not be limited to, the following: ❑ Impacts on Noise ❑ Impacts on Traffic ❑ Impacts on Water Quality • ❑ Impacts on the Beach Sand etc. ❑ Impacts on the General Environment Events Held on Public Property 2 City Council Policy Statement Special Events Permits The City recognizes that from time to time, private operators would like to utilize public land for a private function, which may or may not be open to the public. These types of events might include utilizing the electric greenbelt, having a parade on city streets, etc. These events, when properly regulated, allow the public the opportunity to utilize publicly owned land. The City's interest in these types of applications is making sure that the event does not negatively impact local residents in a detrimental fashion. As such, the City will allow these types of events, subject to Chapter 19E of the Seal Beach Municipal Code. 4. PROCEDURE An application shall be filled out in accordance with Chapter 19E of the Seal Beach Municipal Code and will be processed through the department which the City Manager designates. The application shall include all information as outlined in Chapter 19E of the Seal Beach Municipal Code. 3