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HomeMy WebLinkAboutCC Ord 1477 2001-08-13 ORDINANCE NO./t/11 AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA ADDING CHAPTER 19E TO THE CODE OF THE CITY OF SEAL BEACH RELATING TO SPECIAL EVENTS I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. The Code of the City of Seal Beach is hereby amended by adding a new Chapter 19E to read as follows: "Chaoter 19E Soecial Events Section 19E-1. Puroose. The purpose of this chapter is to provide for the approval and regulation of special events on private property, City-owned property and Public Land Use/Recreation (PLU/R) zone property, Section 19E-2. Aoolicabilitv. This chapter does not apply to (i) parades, political rallies or similar constitutionally protected expressive activities; (ii) filming activities subject to Chapter 8 of this Code; or (Hi) adull-supervised, child-oriented parties conducted at a residential property and involving no live music. Section 19E-3. Definitions. A. "City Manager" means the City Manager or the designee thereof, I B, "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 19E-4. Permit Reauirement. No person shall conduct a special event on private property, City-owned property or Public Land Use/Recreation (PLUlR) zone property unless such person first obtains, and continues to maintain in full force and effect, a special event permit for such special event. 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 sixty (60) days prior to the date of the proposed special event. Notwithstandil19 the preceding, the City Manager may accept a special event permit application filed less than sixty days in advance when the special event is proposed fo be conducted in a City park and there is adequate time for review of the application. I 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), 2. A list of the special event permits requested by the special event organizer in the previous twelve (12) months. Ordinance Number /~"7 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. I 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 City Mamiger shall give written notice of the application to the owners and tenants of businesses and properties located within one hundred feet of the proposed venue, The City Manager shall give due consideration to any written comments received from such persons within five days of such notice. D. Decision, The City Manager shall render a written decision, supported by findings, on a special event permit application within twenty (20) days of the filing of the application, The City Manager 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 City Manager 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 pennits per calendar year for a particular property. The decision of the City Manager shall be final unless appealed in accordance with paragraph F, I E. Authority To Impose Conditions. When approving a special event permit, the City Manager 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 City Manager's decision on a special event permit application to the City Council in accordance with the provisions of Article 29,4 of Chapter 28 of this Code, The decision of the City Council on appeal shall be final. Section 19E-6. Standard Reaulations. A. Except as provided in paragraph B, in addition to confonnance with any conditions imposed in connection with a special event permit, each special event shall be conducted in accordance with the following regulations: I 1. The special event shall be conducted entirely within the time period and the geographical boundaries approved by the City Manager. The special event organizers shall conspicuously provide public notice of such time period and boundaries by posting signs at City Manager- approved locations. 2. The special event organizer shall submit a refundable security deposit in an amount determined by the City Manager. The security deposit Ordinance Number ~~?i1 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) extra-ordinary repair, law- enforcement or public safety costs incurred by the City or another governmental agency'due to the special event. I I 3. The special event organizer shall execute a written statement satisfactorY. to the City Attorney whereby the organizer promises to indemnify?t.de;end and hold harmless the City, its elected officials, officers €IP$lltt" loyees with respect to any liability (including attorney's fees, exP.en~s~ nd costs) for personal injury or property damage , ~~~e'd~!?~r"'rir.person as a result of the special event. '.. '.., ~/:rI.~.. 4. Y~he)ltPJlc.Ji!f, ent organizer shall file a certificate of insurance ~~i.9~~if:i a comprehensive liability insurance policy has been issue " e 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 City Manager 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 19E-7. Permit Revocation, The City Manager may revoke a special event permit if the special event is conducted contrary to the conditions of approval, the provisions of this Code or the provisions of any law. Prior to revocation, the City Manager shall give written notice to the special event organizer and, if requested, shall afford a hearing on the grounds for revocation, Notwithstanding the preceding, the City Manager may summarily revoke a special event permit when necessary for the immediate protection of the public health, safety or welfare, If requested, the City Manager shall afford the special event organizer a hearing on the grounds for revocation as soon thereafter as is practicable," I Section 2. Severabilitv. 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 portion of this Ordinance or any part thereof, The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional, Section 3. The City Clerk shall cause this ordinance to be published in accordance with applicable law. Ordinance Number'/~"1 PASSED, APPROVED AND ADOPTED by the City. Beach at a meeting thereof held on the'. ~ & day of 2001, ~ .Lt/~ STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } }SS } I ATTEST: 1, Joanne M, Yeo, City Clerk of the City of Seal Beach, Califomia, do zrn certify that regoing Ordinance is an original copy of Ordinance Number I on file n th office the City Clerk, introduced at a meeting held on the.:l Il.J day of , 2001, and passed, approved and adoptiJY' the City eal Beach at a meeting held on the f! day of , 2001 by the following vote: AYES: Councilmembe I NOES: Councilmembe ABSENT: Councilmembe ABSTAIN: Council members and do hereby further certify that Ordinance Number /117 has been published pursu to the Seal Beach City Charter and Resolution Number 2836, I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the county afore- I said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issu~ of said newspaper and not in any" I supplement thereof on the following dates, to-wit: EfJ/v JdDO / all in the y ar 20m. I certify (or declare) under penalty of perjury that the foregoing is true and correct. ,2001. I Signature PUBLlCATIO PROCESSED B THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555' (949) 759-7726 Ordinance Number /~~ This space is for the County Clerk's Filing Stamp Proof of Publication of " .' ............................................... , . ............................................... .. :-. - SUMMARY -. ORDINANCE NUMBER 14n , ,', SPECIAL EVENT PERMITS Ordinance Number 1477 of.the City 'of Seal Beach amends the Code of the City of Seal Beach'by adding a new chapter 19E relating to gUlde- . "lines/regulatIOns for special events ." Ordinance Number 14n was IOIrD- . duced at the regular City Co-uncll ".-meetlng of July 23.... 2001 and the ~. first reai::llng was approved by the 101- - IowlllQ vote.. :'- .Jt .' . ,- AYES: Boyd, Doane, Larson. yOst NOES: None :.ABSENT: Campbell . ~,MO!ION CARRIED. ..:- ," . ~ I. Ordinance Number 14n Will be con~ , :sldellld for &8CllI'd ~ and adop- r : bon at the regular Crty-COuncll meet.' Ir ling of AugUSl13"', 2001 Copies of ,"Ordlnance Number 1477 ara avail. . able from ,the onlCe of the ClIyCIerk, ,_ City Hall, 211 8th St_ Seal1leach, l"del~n8 (562) 431-2527, . OATEO"iHIS 26" day Ot'July, 200i- ':Joannl:iM.'V80" ., '" J I. ,'_. ,. CllyClerk Publl8h8d Ullhe Seal Beach SUI'} Jour. nal. 0811612001.