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Home My WebLink AboutCC AG PKT 2012-06-25 #N jy�SEAS e�� AGENDA STAFF REPORT �cq(/FORNP:f DATE: June 25, 2012 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Sean P. Crumby, Assistant City Manager/Public Works SUBJECT: WAIVER OF SPECIAL EVENT PERMIT APPLICATION FILING TIME SUMMARY OF REQUEST: That the City Council provide direction regarding the waiving of the 30 day application filing time for a special event permit. BACKGROUND AND ANALYSIS: The City received a Special Event Permit application for a July 4th Celebration on June 18, 2012. The application was submitted by Old Ranch Country Club (3901 Lampson Avenue) and includes event activities such as a barbeque, children's carnival, and fireworks display at dusk. On June 28, 2010, the City Council held a special meeting and adopted urgency Ordinance No. 1599-U, in order to allow Old Ranch Country Club to have a fireworks display for that one time event. On April 11, 2011, the City Council adopted Ordinance No. 1606, amending the Seal Beach Municipal Code (SBMC) §7.20.065 Fireworks: "The public display of fireworks is allowed on property located in the Recreational Golf Zone (RG Zone) if the property is at least 25 acres in size and the person conducting the display first obtains approval of a special use permit in accordance with Chapter 7.50 of the Municipal Code." SBMC §7.50.020 requires that an application for a special event permit be filed at least 30 days prior to the date of the proposed special event. To comply with the City's regulations outlined under SBMC §7.50 Special Events, a special event permit for a fireworks display should have been received by the City no later than June 4, 2012. The application submitted by Old Ranch Country Club is dated June 18, 2012. Therefore, staff is seeking direction from the City Agenda Item N Council whether or not to waive the application filing time, thereby approving the special event permit for this year. Additionally, staff is seeking City Council direction should Old Ranch Country Club fail to meet the requirements of applying for a special event permit in the future. ENVIRONMENTAL IMPACT: There is no Environmental Impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: There are no direct costs associated with the item. RECOMMENDATION: That the City Council provide direction regarding the waiving of the 30 day application filing time for a special event permit. SUBMITT- D BY: NOTED AND APPROVED: R I Sean P. Crumby a R. Ingram, City ager Assistant City Manager/Public Works Prepared by: Tim Kelsey, Community Services Supervisor Attachments: A. Ordinance No. 1599-U B. Ordinance No. 1606 Page 2 ORDINANCE NUMBER 1599-U AN ORDINANCE OF THE CITY OF SEAL BEACH ALLOWING FIREWORKS DISPLAY FOR JULY 3, 2010 AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ORDAINS AS FOLLOWS: SECTION 1. The owner of the Old Ranch Country Club has recently informed the City that it intends to renew its long-established tradition of hosting a fireworks display on its property to commemorate this country's independence, and would like to receive permission to conduct the fireworks display on July 3, 2010. The Seal Beach Municipal Code, as recodified in 2004, does not permit the discharge or possession of fireworks. SECTION 2. Based upon the foregoing,and notwithstanding any provision to the contrary in the Seal Beach Municipal Code, the City may issue a special use permit to allow a fireworks display on property zoned Recreational Golf Zone (R- G Zone). The Council hereby delegates to staff the authority to issue such a permit provided: (a) the applicant furnishes adequate proof of insurance; (b) the applicant indemnifies the City from any and all claims arising from the display; (c) the applicant satisfies all Orange County Fire Authority and Seal Beach Police Department requirements; and (d)the applicant abides by and conforms with any and all applicable safety standards, professional or technical standards and all federal,State and local laws. SECTION 3. The adoption of this ordinance is necessary as an emergency measure for preserving the public peace, health and safety. Historically,firework displays at Old Ranch have taken place to honor the independence of the United States without any adverse impacts. The City must adopt an ordinance before July 3, 2010 and the ordinance must become effective immediately to permit a qualified and eligible entity to conduct a fireworks display in connection with July 4,2010. SECTION 4. This Ordinance is an urgency ordinance for the immediate preservation of the public peace, health and safety as defined in the California Government Code and an emergency ordinance as defined in the Official Charter of the City of Seal Beach. Thus, the ordinance shall be passed immediately upon its introduction and shall become effective immediately. This Ordinance shall expire and have no further force and effect on July 31,2010. SECTION 5. The City Clerk shall certify to the adoption of this ordinance. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 28th day of June , 2010. a� ayor ATTEST: APPROVED AS TO FORM - Ci' lerk uinn M. Barrow,City Attorney • Ordinance Number 1599-U STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is an original copy of Urgency Ordinance Number 1597-U on file in the office of the City Clerk, passed,approved and adopted by the City Council of the City of Seal Beach, pursuant to the City Charter and Government Code§36967(b), at a meeting held on the 28th day of June ,2010 by the following vote: AYES: Council Members 4 � . / A /, !': NOES: Council Members /✓ ABSENT: Council Members (4 ABSTAIN: Council Members 9V 4111 and do hereby further certify that Urgency Ordinance Number 1599-U has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. OP Cit Clerk ORDINANCE NUMBER 1606 AN ORDINANCE OF THE CITY OF SEAL BEACH REQUIRING A SPECIAL EVENT PERMIT FOR THE DISPLAY OF FIREWORKS AT LARGE SITES ZONED RECREATIONAL/GOLF(R/G ZONE) THE CITY COUNCIL OF THE CITY OF SEAL BEACH ORDAINS AS FOLLOWS: SECTION 1. Section 7.20.065 of the Seal Beach Municipal Code is hereby Ig amended to read as follows: "A. It is illegal to sell, possess, or discharge fireworks, except pursuant to a special event permit permitting public display of fireworks issued in accordance with this Section. For purposes of this Section, the terms "firework" and "public display of fireworks" have the meanings set forth in the California Health and Safety Code. B. The public display of fireworks is allowed on property located in the Recreational Golf Zone (RG Zone) if the property is at least 25 acres in size and the person conducting the display first obtains approval of a special use permit in accordance with Chapter 7.50 of the Municipal Cods,. The City may issue a special event permit for the public display of fireworks annually on July 4th provided the applicant: (a) satisfies all requirements of Chapter 7.50; (b) satisfies all Orange County Fire Authority and Seal Beach Police Department requirements; and (c) abides by and conforms to applicable safety, professional and technical standards [1 and all applicable federal, State and local laws regarding fireworks. C. The fire chief shall seize, impound, and dispose of all fireworks sold, possessed, or discharged in violation of this Section. Any person who violates this Section shall be liable to the city for the actual costs of seizure, impoundment, and disposal of such fireworks, in addition to any and all other penalties available under the Municipal Code." SECTION 2. The City Clerk shall certify to the adoption of this ordinance. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 11th day of April ,2011. Ma r El •%=1%-t0nvo r09c, ATTEST: ;°o `\,.:,,, ‘,:e.e.: /yi�i_ coufllfl Ca_= ity lerk Ordinance Number 1606 STATE OF CALIFORNIA } COUNTY OF ORANGE }SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the 28th day of March , 2011 and was passed, approved and adopted by the City Council at a regular meeting held on the 11th day of April ,2011 by the following vote: AYES: Council Members: x....,11, �,//,/ An../ Ai 4 1> NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: And do hereby further certify that Ordinance Number 1606 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. C 1