HomeMy WebLinkAbout2010-08-24; City Council; 20342; Chapter 8.17 Amendment Special EventsCITY OF CARLSBAD - AGENDA BILL 12
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20,342AB#
MTG. 8-24-10
DEPT. CLERK
AMENDMENT OF CHAPTER 8.17 OF THE
CARLSBAD MUNICIPAL CODE REGARDING
SPECIAL EVENTS. THIRD PARTY VENDOR FEES,
AND NO PARKING/TOW AWAY AREAS AT
SPECIAL EVENTS
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. CS-101. amending Chapter 8.17 of the Carlsbad Municipal Code based
on recent department and organizational alignment, to establish special event application
procedures and establish a third party vendor fee, and establishing no parking/tow away areas
at special events.
ITEM EXPLANATION:
Ordinance No. CS-101 was introduced and first read at the City Council meeting held on July
27, 2010. The second reading allows the City Council to adopt the ordinance which will
become effective thirty days after adoption. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT:
See AB #20,322 on file in the Office of the City Clerk.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this
action does not constitute a "project" within the meaning of CEQA and therefore, does not
require additional environmental review.
EXHIBITS:
1. Ordinance No. CS-101.
DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.gov
FOR CITY CLERKS USE ONLY. /
COUNCIL ACTION: APPROVED $
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EXHIBIT 1
ORDINANCE NO. CS-101
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 8.17
OF THE CARLSBAD MUNICIPAL CODE BASED ON
RECENT DEPARTMENT AND ORGANIZATION
REALIGNMENT; ADDING SECTION 8.17.070(0) TO THE
CARLSBAD MUNICIPAL CODE SECTION RELATED TO
THIRD PARTY VENDOR FEES; AND ADDING SECTION
5 8.17.110(E) RELATED TO NO PARKING/TOW AWAY SIGNS
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WHEREAS, the Carlsbad City Council finds it necessary to amend Municipal
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Code Chapter 8.17 based on recent department and organization realignment; and9
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WHEREAS, the Carlsbad City Council held a special event workshop
whereby it desired to streamline the special events application process to allow a
special event permittee who will use or provide vendors at the special event to pay
13 an additional third party vendor fee so that individual business vendors will not be
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required to obtain their/its own business license for that special event; and
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WHEREAS, the Carlsbad City Council wishes to create a third party vendor16
fee that includes all vendors at a single special event; and,
WHEREAS, the Carlsbad City Council wishes to authorize the placement of
"no parking/tow away" signs on 72 hours notice in advance of the special event.
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ordain as follows:
NOW.THEREFORE, The City Council of the City of Carlsbad, California, does
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SECTION 1: That Section 8.17.020 of Chapter 8.17 of the Carlsbad Municipal
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Code is amended to read as follows:24
8.17.020-Definitions.
Except where the context otherwise requires, for the purposes of this chapter, the
following definitions apply:
EXHIBIT 1
1 A. "Affected parties" means businesses and residents located within three
2 hundred feet of the area around the special event that are likely to
3 experience impact from the special event.
4 B. "City manager" means the city manager or his/her authorized designee.
5 C. "Demonstration" means any formation, procession or assembly of fifty or
6 more persons which, for the purposes of expressive activity, is:
7 (i) To assemble or travel in unison on any street in a manner that does
8 not comply with normal traffic regulations or controls; or
9 (ii) To gather at a public park or other public area.
10 D. "Event" includes special event or a demonstration.
11 E. "Event promoter" means any person who conducts, manages, promotes,
12 organizes, aids or solicits attendance at a special event.
13 F. "Expressive activity" includes conduct, the sole or principal object of which
14 is the means of opinion, views, or ideas and for which no fee or donation is
15 charged or required as a condition of participation in or attendance at such
16 activity. It includes public oratory and distribution of literature.
17 G. "Major event" means a special event that requires a traffic control plan for
18 three or more intersections of any street or requires a traffic control plan for
19 a secondary arterial, major arterial or a prime arterial.
20 H. "Minor event" means a special event that does not require a traffic control
21 plan or that requires a traffic control plan for two or fewer intersections and
22 does not involve a secondary arterial, major arterial or a prime arterial.
23 I. "Parks & Recreation Director" means the director of parks & recreation or
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25 J. "Private property permit" means a minor event administrative permit issued
26 by the community & economic development director for a function held
27 entirely on private property that does not require a use of public property in
28 a manner which impacts or restricts the public's normal or typical use of
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EXHIBIT 1
such property or does not comply with the normal or usual traffic regulations
or controls or that require the provision of extraordinary city services and
are therefore not governed by this chapter.
K. "Permittee" means a person to whom a special events permit has been
issued.
L. "Person" means any person, firm, partnership, association, corporation,
company or organization of any kind.
M. "Police chief means the chief of police or his/her authorized designee.
N. "Sidewalk" means any area or way set aside or open to the general public
for purposes of pedestrian travel, whether or not it is paved.
O. "Sound-amplifying system" means any system, apparatus, equipment,
device, instrument or machine designed for or intended to be used for the
purpose of amplifying the sound or increasing the volume of human voice,
musical tone, vibration or sound wave.
P. "Special event" means:
(i) Any organized formation, parade, procession or assembly consisting
of fifty or more persons, and which may include animals, vehicles or any
combination thereof, which is to assemble or travel in unison on any street
which does not comply with normal or usual traffic regulations or controls;
or
(ii) Any commercial or noncommercial organized assemblage of fifty or
more persons at any public beach, public park, public waterways, street, or
sidewalk which is to gather for a common purpose under the direction and
control of a person; or
(iii) Any other organized activity conducted by a person for a common or
collective use, purpose or benefit which involves the use of, or has an
impact on, other public property or facilities and the provision of city public
safety services in response thereto;
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(iv) Examples of special events include concerts, parades, circuses,
fairs, festivals, block parties, community events, fireworks, mass
participation sports (such as marathons and running events, bicycle races
or tours, tournaments), or spectator sports (such as football, baseball and
basketball games, golf tournaments, surfing contests or other water
competitions).
Q. "Special event permit" means a permit as required by this chapter.
R. "Spontaneous demonstration" is an event occasioned by news or affairs
coming into public knowledge less than forty-eight hours prior to such
event.
S. "Street" means any place or way set aside or open to the general public for
purposes of vehicular traffic, including but not limited to any berm or
shoulder, parkway, public parking lot, right-of-way, alley or median.
(Ord. NS-811 § 2 (part), 2006)
SECTION 3: That Section 8.17.030 of Chapter 8.17 of the Carlsbad Municipal
Code is amended to read as follows:
8.17.030 - Permit required.
19 No person shall engage in or conduct any special event unless a special
20 event permit is issued by the city manager or his/her authorized designee.
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(Ord. NS-811 § 2 (part), 2006)
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SECTION 5: That Section 8.17.050 of Chapter 8.17 of the Carlsbad Municipal
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code is amended to read as follows:
8.17.050 - Special events committee.
A. The special events committee shall be comprised of the assistant
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city manager, community development director, public works director, fire chief,
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police chief, housing and redevelopment director, parks & recreation director and
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5 modification of an application for a special event permit based upon the
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information required in the application with regard to considerations of public
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safety, traffic flow and control, the disruption to residences and businesses;
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availability of resources of city personnel and equipment to adequately ensure they
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EXHIBIT 1
risk manager or their designated representatives. The parks & recreation director
will chair the committee.
B. The special events committee is charged with reviewing and
providing recommendations to the city manager regarding the approval or
public health, safety and welfare.
C. The special events committee shall not recommend for approval a
new event for the date, time or location of a previously established reoccurring
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the city of their intent to not hold the event or no application has been received by
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the city at the minimum application filing date.
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(Ord. NS-811 § 2 (part), 2006)
SECTION 6: That Section 8.17.060 of Chapter 8.17 of the Carlsbad Municipal
Code is amended to read as follows:
20 8.17.060-Application.
21 A. A person requesting a special event permit shall file an application,
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certified by affidavit on forms provided by the parks & recreation department. The
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parks & recreation director will forward the application to the special events
committee for review and recommendation to the city manager.
B. The application shall be filed at least ninety days and not more than
two years before the special event is proposed to commence except for
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C. The application for a special event permit shall set forth all of the
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following information, if applicable:
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1. The name, address, e-mail address and telephone number of the8
applicant and event organizer and its officers;
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authorized representatives of the organization;
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EXHIBIT 1
minimum of thirty-six hours' notice. The minimum ninety-day notice requirement
may be waived by the parks & recreation director upon written finding that the
limited scope of the event, both in size and magnitude, allows it to be adequately
reviewed in the time provided.
2. The names, addresses and telephone numbers of the headquarters
of any organization for which the special event is to be conducted, and proof of the
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3. An acknowledgment of financial responsibility for any city fees or
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costs that may be imposed for the special event by the applicant and any person
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authorizing the applicant to apply for the permit on its behalf;
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4. A description of the nature or purpose of the special event, including
a description of activities planned during the special event;
5. A statement of fees to be charged participants in the special event;
20 6. Identification of the Carlsbad location where special event sales will
21 be reported to the franchise tax board, a city of Carlsbad business license or a
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copy of a document showing proof the applicant is a tax-exempt non-profit
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organization;
7. Proof of insurance required by this chapter;
8. The date(s), time(s), and location(s) where the special event is to be
conducted, including assembly and disbanding;
28 9. A site plan including but not limited to:
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e. Reviewing stand(s),
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f. Elevated platforms,
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g. Temporary pedestrian bridges,
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h. Tents or canopies,
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a. Portable structures,
b. Prefabricated structures,
c. Site-built structures,
d. Staging,
i. On-site grading,
j. Portable restrooms,
k. All on-site signs and banners that have a face area larger than
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I. Any travel routes,
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m. Assembly or production areas,16
n. Electrical sources and connections,
o. Fuel storage,
p. Cooking and open fires,
q. Water supply,
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r. Run-off containment features,
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s. Waste recycling containers,
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t. Accessible parking,
u. Access points and routes for disabled persons,
v. Access points for emergency fire and ambulance equipment,
w. Emergency medical services area(s),
28 x. Any vehicles located in an enclosed area,
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cc. Location to accommodate individuals desiring to express opinions
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not consistent with the purpose or intent of the event, and
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dd. Other similar information that will describe the components of the
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g event;
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y. Pyrotechnics,
z. Inflatable(s),
aa. Animals and animal rides,
bb. Carnival rides,
10. The location and description of all off-site signs, banners or attention
getting devices;
11. A detailed traffic control plan (TCP) for a major event and parking
13 management plan, consistent with standards set forth in the National Manual on
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Uniform Traffic Control Devices or the California Supplement to the National
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Manual on Uniform Traffic Control Devices for all streets, sidewalks and parking16
lots which the special event will impact by restricting the public's normal, typical or
customary use thereof;
12. The approximate number of participants, spectators, animals and
vehicles;
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13. The number of persons proposed or required to monitor or facilitate
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the special event and to provide spectator or participant control and direction for
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events using city streets, sidewalks, or facilities;
14. Provisions for first aid and emergency medical services;
15. The number, type and location of sanitation facilities;
16. Provisions for recycling per Public Resources Code Sections 42648
28 through 42648.7;
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5 equipment, or other attention-getting devices to be used in connection with the
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special event.
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D. Applications for special event permits for spontaneous demonstration
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held to react to current events shall provide the information in subsections (C)(1),\j
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EXHIBIT 1
17. Pollution prevention in compliance with city's municipal National
Pollutant Discharge Elimination System permit, city ordinances and the city
"Jurisdictional Urban Runoff Management Plan (JURMP)";
18. A description of any recording equipment, sound amplification
(C)(7), (C)(11) and (C)(18) of this section only.
E. Applicants for a repeated event held on private property (such as
fireworks) may file one annual special event application identifying the event dates
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Code is amended by the addition of subsection "D" as follows:
for one calendar year.
(Ord. NS-811 § 2 (part), 2006)
SECTION 7: That Section 8.17.070 of Chapter 8.17 of the Carlsbad Municipal
D. Third Party Fee. If the permittee provides for or allows third party
vendors to participate in the special event, the permittee shall pay an additional
nonrefundable fee, as set forth in the schedule of service costs approved by city
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council resolution, reasonably calculated to reimburse the city for its actual and
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necessary costs in receiving, processing and reviewing the application that
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includes third party vendors. The amount of the additional fee shall be established24 K y
by resolution of the City Council and shall be based on whether the application is
for a major or minor event.
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Permittee agrees to waive and release the city of Carlsbad and its officers,
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liabilities, expenses or judgments including attorney's fees and court costs arising
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out of the activities of this special event or any illness or injury resulting there from,9
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SECTION 9: That Section 8.17.090 of Chapter 8.17 of the Carlsbad Municipal
Code is amended to read as follows:
8.17.090 - Release and indemnification requirement.
and hereby agree to indemnify and hold harmless the city of Carlsbad from and
against any and all such claims, whether caused by negligence or otherwise,
except for illness and injury resulting directly from gross negligence or willful
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(Ord. NS-811 § 2 (part), 2006)
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SECTION 11: That Section 8.17.110 of Chapter 8.17 of the Carlsbad Municipal
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Code is amended to read as follows:
8.17.110-Signs
A. The permittee shall post street closure notification signs at locations
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location of the closure and which:
approved by the city manager which include the name of the event, date, time and
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1. Shall not exceed sixteen square feet in sign area with a minimum
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letter size of four inches;
2. Shall be posted on any street on which more than two intersections
will be closed, and any secondary arterial, major arterial, or prime arterial that will
be closed as a result of the special event;
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EXHIBIT 1
3. Shall be posted a maximum of fifteen days and a minimum of ten
days prior to the scheduled closure; and
4. Shall be removed within two days following the conclusion of the
event.
B. The permittee may post a maximum of eight signs that promote the
event at locations approved by the city manager. Event promotion signs shall meet
the following conditions:
1. The event promotion sign(s) shall not exceed sixteen square feet in
sign area;
2. Shall not be posted more than sixteen days prior to the event; and
3. Shall be removed immediately but in no event more than two days
following the event.
C. The permittee shall post traffic control and/or directional signs the
day or days of the special event as required by the permit. Traffic control and/or
directional signs shall meet the following conditions:
1. The location of all traffic control and/or directional signs shall require
approval of the city manager; and
2. Traffic control and/or directional signs shall not be posted more than
four hours prior to the start of the special event and shall be removed not more
than four hours after the conclusion of the special event. Any sign(s) left out after
four hours may be removed by city staff and disposed of without compensation to
event organizer.
D. The permittee for a special event permit may post signs and banners
during the special event at the special event venue.
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of sign area.
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E. Signs stating "no parking/tow away" shall be posted 72 hours in advance of
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(Ord. NS-811 § 2 (part), 2006)
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SECTION 12: That Section 8.17.120 of Chapter 8.17 of the Carlsbad Municipal
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EXHIBIT 1
1. All venue sign(s) with more than sixteen square feet of sign area or
signs that are more than four feet above ground level shall be identified on the site
plan.
2. Each venue signs and/or banners shall be less than fifty square feet
Code is amended to read as follows:
8.17.120-Notification.
A. The applicant for:
1. A first time major event;
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3. A first time event at a city facility that is not authorized by facility use
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permit; or
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4. An event at a city facility that is not authorized by facility use permit
and that has not been held for more than two years; shall sponsor a meeting for all
affected parties. This meeting must be held not more than one hundred eighty
days prior or less than eighty days prior to the special event date. Affected parties
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must be notified by the applicant via the United States Postal Service or by direct
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distribution to all affected parties of the meeting a minimum of ten days prior to the
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meeting. The purpose of this meeting will be to allow the special event sponsor to
identify and address concerns of affected parties regarding the time, place and
manner in which the special event is to be held. Concerns regarding the message
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or viewpoint of the event sponsor shall not be considered. The parks & recreation
director may waive the minimum eighty-day time limit for the affected party
meeting with a written finding of good cause if, after due consideration, the parks &
recreation director determines that because of the limited scope and complexity of
the event when considering the application criteria, there will be adequate time for
review by and input of concerned affected parties.
B. The applicant for a major special event permit that is not subject to
the notification described in subsection A shall notify all affected parties of the
event not more forty days nor less than thirty days prior to the special event date
via the United States Postal Service or by direct distribution to all affected parties.
The notification shall contain information concerning the event and information on
how to contact the applicant and the special events committee before and after the
event.
C. All applicants for a special event permit shall notify via the United
States Postal Service or by direct distribution to all affected parties of the event not
more than fifteen days prior or less than ten days prior to the special event date
with information concerning the event and information on how to contact the
applicant and the special events committee before and after the event.
(Ord. NS-811 § 2 (part), 2006)
SECTION 17: That Section 8.17.170 of Chapter 8.17 of the Carlsbad Municipal
Code is amended to read as follows:
8.17.170 - Notice to city and other officials.
Immediately upon the issuance of a special event permit, the parks &
recreation director will send a notice thereof to the city manager, the city attorney,
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the police chief, the fire chief, the utilities director, the community & economic
development director, and the manager or responsible head of each public
transportation utility, the regular routes of whose vehicles will be affected by the
route or location of the proposed special event.
(Ord. NS-811 § 2 (part), 2006)
SECTION 19: That Section 8.17.190 of Chapter 8.17 of the Carlsbad Municipal
Code is amended to read as follows:
8.17.190 - Contents of permit.
Each special event permit will contain the following information or
conditions, which is pertinent to the event:
A. The dates and times when the special event is to be held;
B. The dates and time roads will be closed;
C. The set-up or staging time;
D. The time clean-up or dismantling will be completed;
E. The location of the special event venue, including set-up or staging
area, if any, and clean-up or dismantling area, if any;
F. The specific route of the special event;
G. The number of persons, and type and number of animals and
vehicles, the number of bands, other musical elements and equipment capable of
producing sound, if any, and noise limitations thereon;
H. The location of reviewing or audience stands;
I. A copy of the traffic control plan (TCP) and/or parking management
plan including the number and location of traffic controllers, monitors, other
personnel and equipment and barricades to be furnished by the special event
permittee;
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5 L. The applicant's recycling plan;
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M. The applicant's plan to control water run-off and other contaminates
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that may enter the city storm drain system;
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N. Provisions for cleaning-up and restoration of the area or route of they
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organizer or a designated representative for event coordination and management
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EXHIBIT 1
J. Conditions or restrictions on the use of alcoholic beverages and
authorization for the conditions of the exclusive control or regulation of vendors
and related sales activity by the permittee during the special event;
K. Provisions for any required emergency medical services;
event both during and upon completion of the event;
O. The requirement for the on-site presence of the special event
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purposes who shall carry the special event permit upon his/her person during the
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special event.
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(Ord. NS-811 § 2 (part), 2006)
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EXHIBIT 1
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 27th day of July, 2010, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Carlsbad on the 24th day of August, 2010, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
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R0NALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST: