HomeMy WebLinkAboutCC Ord 1491 2002-10-28
ORDINANCE NO. .l!ti.1
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 I
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 I
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).
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.
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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.
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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 detennination, 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.
'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
musf 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 ReQulations.
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. T.1Je:- special event organizer shall submit a refundable security
deposit in an ame-Gnt' determined by the Director of Development Services. The
security depositim?:lIJnt shall be based solely on the type of special event, the location
of the special event and t~e anticipated number of participants and spectators. The
special event ?rganizer shall be refunded the security deposit less any amount
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Ordinance Number /~/
deducted to cover the cost of (i) clea'n-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 govemmental
agency due to the special event.
3. The special event organizer shall execute a written statement
satisfactory to the City Attomey whereby the organizer promises to indemnify, defend
and hold harmless the City, its electeO officials, officers and employees with respect to
any liability (including attomey's fees, expenses and costs) for personal injury or
property damage sustained by any person as a result of the special event.
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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 I
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 anyone or
more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases
be declared unconstitutional.
PASSED, APPROVED AND AD.,pOPTED rf.1 Cit~ouncil of the City of Seal Beach at a
meeting thereof held on the m day of :h ~ 2002.
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Mayor
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Ordinance Number,l~~/
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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I, Joanne M. Yeo, City Clerk of the City ofSeai Beach, California, do hereby certify that the
fore ing ordinance is the original copy of Ordinance Number Ii/'ll on file in the office
Ci y CI rk i duced at a meeting held on the .:J!J4..L day of
2002 and passed, approved, and lJdopted by (Qity Council of the
Ity fSeal Beach at a meeting thereof held on the ~ day of '.tArA IJkJ ,
2002 by the following vote:
AYES:
Councilmembe
NOES:
Councilmembers
ABSENT:
Councilmembers
and do hereby certify that Ordinance Number /491 has been published pursuant to
the ~ Beach City Charter and Resolution Number 2836.
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Ordinance Number /1/9/
, PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
I am a citizen of the United States
and a resident of the county afore-
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 weeklv 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 issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
\6J16
all in the year 2002,
Proof of Publication of
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SUMMARY-ORmNANCE
NUMBER 1491
SPECIAL EVENT PERMITS
. Ordinance Number 1491 of the CIty
J of Ssal Beach amends the Code of
rtho City of Seal Beach to revloo tho
existing Special Event Permit Ordl-
nace to reduce the processing lime
from Sixty to thirty days. revise the
8pp~1 body frori1 the City Ma~8r
I to the Director of Development Ser-
I vices, and change the appeal proce-
dure 'rom tho Cdy CounCIl to tho City
I Manager. Ordinance Number 1491
was introduced at the regular city
council meedng of September 23m.
. 2002 and first reading was approveci
by lho following vote:
I AYES' Antoo, CompoU,Doano, lor-
I son, Yost
I NOES: None Motion Carried
. Ordinance Number 1491 wffI receive
I oecond reading end bo conoIdorod lor
adoption at the regular City Council
, moollng 01 ~r 14th, 2002. CqlIoo
i at Ordinance Number 1491 are avall-
, obIo from tho oftIco 0I1he Cftv ClotIc,
I Cftv HoII, 211 - 8Ih Stroot, SoafBoach;
tolophono (582) 431.2527
DATED THIS :In! doy of Octobor;
2002. ,
Joanne M. Yoo, City Clerk'
I City 01 So" Boech . '
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I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
DateQ ,at Seal Beach, CA,
this J L-f day of()l';/o~r ,2002,
~ rn-f21;pL
nature
PUBLICATION PROCESSED B :
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
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Ordinance Number I'~~I
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County pf Orange
This space is for the County
Clerk's Filing Stamp
I am a citizen of the United States
and a resident of the county afore-
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 issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
utzJ" t-
ali in the year 2002.
Proof of Publication of
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,., " SUMMARY - ORDINANCE
. NUMBER 1491
,". - SPECIAL EVENT PERMITS
. OldinancB Number 1491 of the City
of Seal Beach amends the Code of
.the City of Seal Beach to revlSO tho
existing Special Event Permit Ordl-
. nace to reduce the processing time
from sIXty to thirty days, revise the
8flP""'" body from !he CIty Manager
I to the Dlractor of Development Sur-
I vIcos, Md chango tho oppool proce-
dura from the City CounCIl to the City
Manager. Ordinance Number 1491
received second reading and was
I adopted at the regular Cfty CounCIl
I mooting of October 28th, 2002 by tho
0" fcIlow1ngvoto' '-'. _ ._
I AYES: Antos, CampeD,Ooane. Lar-
80n, Yost
I NOES, Nono Motion Carrfod
I Copies of Ordinance Number 1491
, ore __ from tho offico oflho CIty
f C10rk, City H8JI, 211 - 8th Slroo~ Seal
I Beach:
tolop~ono (582) 431-2527 '
:. DATED THIS 29th day of October,
..2002.
I Joanne M. Yea, City Clerk
CIty of SooI Booc~
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
thisl.L...=day of ~,20 2.
M"
ignature
PUBLICATION PROCESSED B
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555