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HomeMy WebLinkAbout2023-04-20; Public Review of Draft Codes Regulating Temporary/Special Events (Districts - All); Murphy, JeffTo the members of the: CITY COUNCIL Date 4I2ol2~cA ✓cc ✓ cM _VAcM_ACM ✓ocM (3) v April 20, 2023 Council Memorandum To: From: Honorable Mayor Blackburn and Members of the City Council Jeff Murphy, Community Development Director Via: Gary Barberio, Deputy City Manager, Co~unity Services Branch Geoff Patnoe, Assistant City Manager ~ {city of Carlsbad Memo ID# 2023032 Re: Public Review of Draft Codes Regulating Temporary/Special Events (Districts -All) This memorandum provides information related to the upcoming public review of staff-initiated municipal code amendments regulating temporary events impacting public and private property. The public comment period for these proposed amendments will run from April 26 through May 24, 2023. Background With a city approved permit, individuals/groups may conduct temporary functions on private property so long as the event does not require city services or impact public property, including public roads. Historically, such events have been limited to weekend sales, grand (re}openings, or seasonal pumpkin and Christmas tree sales. Over the past few years, and particularly since the onset of COVID-19, temporary private events have incorporated more activities and operate longer than before. For example, vacant lots hosting seasonal sales are starting to include bounce houses, food sales, carnival games, and hosted events. With increased activities often comes the potential for increased impacts such as noise, dust, lighting, and traffic. The Carlsbad Municipal Code currently lacks standards that address the intensity, frequency, or duration of temporary private events that incorporate ancillary uses and activities. Also, the Carlsbad Municipal Code is silent on how to authorize private events that impact public property, specifically when they impact public roads and/or public parking. As such, staff is proposing amendments to the Carlsbad Municipal Code to regulate temporary events to minimize potential impacts associated with public health, safety, and quality of life. Community Services Branch Community Development Department 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 t Council Memo -Public Review of Draft Codes for Regulating Temporary/Special Events April 20, 2023 Page 2 Finally, current Carlsbad Municipal Code does not provide clear allowances for temporary offsite staging and/or storage of construction assembly operations that are in connection with a permitted construction project. This has resulted in some challenges for contractors, particularly when developing on smaller project sites that lack sufficient onsite space needed to stage and store construction materials. As such, staff is also proposing amendments to the Carlsbad Municipal Code that will allow for offsite construction staging, subject to certain standards and limitations. Discussion The city's special events ordinance (CMC §8.17) regulates short-term events ranging from parades and bazaars to marathons and bicycle races. These regulations ensure that such events do not adversely impact public services or public access and do not threaten life and property of city residents and businesses. The ordinance recognizes that not all special events have the same impacts. The Carlsbad Marathon rs very different than, say, a parking lot sale held over the weekend at a local business. The Carlsbad Municipal Code provides two types of permits depending upon the type of event being held: !)special event permit and 2)private property permit. Special Event Permit Many events take place on public property each year, from major invitational sporting events to community-based festivals. Typical events include runs, walks, triathlons, markets, festivals, pa rades, block parties, fireworks, and bike tours. One of the functions of the Parks & Recreation Department is to issue a special event permit for activities and events impacting public property. Private Property Permit There are several temporary events that occur on private property, many of which take place in a commercial parking lot or vacant property and include activities like a weekend sales event, grand re- opening, or a fundraiser. One of the functions of the Community Development Department is to issue a private property permit for activities and events that occur entirely on private property. While current Carlsbad Municipal Code allows temporary private events with a private property permit, it lacks any standards regulating the intensity, frequency, or duration of the temporary event. Staff has seen an increase in the number of ancillary activities and uses being included in private events. These additional activities are intended to increase event attendance and participation, which can result in increased impacts such as noise, dust, lighting, and traffic. Furthermore, the Carlsbad Municipal Code is silent on the regulation of temporary events that occur entirely on private property, but because of their size and activities, they impact public property or public services resulting in the need for temporary traffic control measures or special public parking allowances. In these instances, a special event permit is required and processed through the Parks & Recreation Department. The special event permit only governs the activities occurring on public property (traffic/public parking); the special event permit does not address or regulate the activities occurring on private property, which are causing the impacts to public property. Lastly, as the city becomes more built-out and large greenfield development projects become less common, there has been a steady increase in the number of infill development projects1, particularly 1 Construction projects built within unused, underutilized, or redeveloped property that is often surrounded by existing development patterns. Council Memo -Public Review of Draft Codes for Regulating Temporary/Special Events April 20, 2023 Page 3 housing related projects. Because of the size of these infill sites, it is not always feasible or practical to store construction equipment and materials on the project site itself. As such, contractors often seek sites offsite to act as a contractor's staging area. Historically, these offsite staging areas were just a part of the construction process, but staff recognizes there may be adverse impacts associated with these temporary staging areas that require regulation. To help address these concerns, proposed Carlsbad Municipal Code amendments have been developed to accomplish the following: • Introduce new standards regulating the intensity, frequency, and duration of temporary events held entirely on private property to minimize public health, safety, and general quality of life impacts. • Provide clarity in the regulation and permitting of private events held on private property that impact public property. • Introduce allowances and standards to allow temporary offsite construction staging areas, when associated with a permitted construction project. • Clarify permit processes and procedures for special event permits. Next Steps To maximize public engagement, the proposed Carlsbad Municipal Code amendments will be posted on the city's website as well as emailed to those individuals/groups that previously held events on private property and were issued special events permits related to the impact to public property. The Carlsbad Municipal Code amendments, in track changes format, and a draft informational bulletin explaining how the new rules will work will be included in the public posting and email (Attachments A and B). The comment period will run from April 25 through May 24, 2023, and commenters will be asked to send their comments and suggestions to Jeff Murphy, Community Development Director at jeff.murphy@carlsbadca.gov. Following public review, suggested edits and comments will be shared with the Parks & Recreation Department as well as members of the Special Event Committee where modifications will be made to the proposed Carlsbad Municipal Code as deemed appropriate, prior to bringing the item before the City Council for consideration. Staff anticipates a City Council hearing date in July/August 2023. Attachment: A. Draft code amendment, track changes B. Draft Informational Bulletin cc: Scott Chadwick, City Manager Cindie McMahon, City Attorney Mike Calderwood, Fire Chief Kyle Lancaster, Parks & Recreation Director Randy Metz, Fire Division Chief Darcy Davidson, Assistant Fire Marshal Mick Calarco, Recreation Services Manager Majka Penner, Senior Program Manager Julia Miura, Program Manager Council Memo -Public Review of Draft Codes for Regulating Temporary/Special Events April 20, 2023 Page 4 Mike Strong, Assistant Community Development Director Eric Lardy, City Planner Jeremy Riddle, Development Services Manager Kerry Jezisek, Senior Program Manager CHAPTERS 8.17 AND 8.19 WITH REVISIONS HIGHLIGHTED Temporary Events on Private & Public Property CHAPTER 8.17 IS HEREBY AMENDED TO READ AS FOLLOWS: Chapter 8.17 -SPECIAL EVENTS IMPACTING PUBLIC PROPERTY SECTION 8.17.020 {DEFINITION OF "MAJOR EVENT"} IS HEREBY AMENDED TO READ AS FOLLOWS: Attachment A "Major event" means a special event that requires a traffic coRtrol plaR for exceeds normal or causes unusual traffic patterns on three or more intersections of any street or requires a traffic coRtrol plaR for a secoRdary arterial, FRajor arterial or a priFRe arterial occurs on any Arterial Street, Identity Street, Coastal Street, Village Street, Arterial Connector Street, or Neighborhood Connector Street, as defined in the mobility element of the city general plan. SECTION 8.17.020 {DEFINITION OF "MINOR EVENT"} IS HEREBY AMENDED TO READ AS FOLLOWS: "Minor event" means a special event that does Rot require a traffic coRtrol plaR or that requires a traffic coRtrol plaR for exceeds normal or causes unusual traffic patterns on two or fewer intersections a Rd does Rot iR't'olve a secoRdary arterial, FRajor arterial or a J3FiFRe arterial of any street or requires public parking waivers or special public parking allowances. SECTION 8.17.020 {DEFINITION OF "SPECIAL EVENT"} IS HEREBY AMENDED TO READ AS FOLLOWS: "Special event" means: 1. Any organized formation, parade, procession or public assembly consisting of 50 or more persons, and which may include aRiFRals, vehicles or any combination thereof, which is to assemble or travel in unison on any street which does Rot co FR ply 1,vith exceeds normal or usual traffic or parking regulations eF and controls; 2. Any commercial or noncommercial organized assemblage of 50 or more persons at any public beach, public park, public water ways, street, or sidewalk which is to gather for a common purpose under the direction and control of a person; 3. Any e#le-F organized activity on public or private property 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 eFL public streets, public facilities and requires the provision of city public safety services, or public parking waivers or special parking allowances iR respoRse thereto; 4. 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); 5. Organized formations, parades, processions, public assemblies, demonstrations and activities for which the principal purpose is expressive activity are not included in this definition. SECTION 8.17.020 {DEFINITION OF "PRIVATE PROPERTY PERMIT"} IS HEREBY DELETED "Private woperty perFRit" FR ea Rs a FRiRor e1.ieRt adFRiRistratii.1e perFRit issued by the coFRFRURity and econoFRic developFRent director for a fuRctioR held eRtirely OR private property that does not require a use of public property in a FRaRRer 11t1hich iFRpacts or restricts the public's norFRal or typical use of such property or does Rot co FR ply with the norFRal or usual traffic regulatioRs or coRtrols or that require the pro1,1ision of extraordinary city services a Rd are therefore not go1,1erned by this chapter. CHAPTERS 8.17 AND 8.19 WITH REVISIONS HIGHLIGHTED Temporary Events on Private & Public Property SECTION 8.17.030 (PERMIT REQUIRED) IS HEREBY AMENDED TO READ AS FOLLOWS: 8.17.030 Permit required. No person shall engage in or conduct any special event unless a special event permit is issued by the city manager or authorized designee. Events on private property that trigger the need for a special event permit as required under this code shall comply with the standards set forth under chapter 8.19, unless otherwise authorized under the special event permit. SECTION 8.17.040 (EXCEPTIONS TO SPECIAL EVENTS PERMIT REQUIREMENT) IS HEREBY AMENDED TO READ AS FOLLOWS: 8.17.040 Exceptions to special event permit requirement. A special event permit is not required for any of the following: A, Any organized actii;ity witl:1in Uw scope of a conditional 1::1se permit, otl::ier land 1::1se approi;al or a pri>.iate property permit given or req1::1ired for that 1::1se; &_6. Lawful picketing; t ~. Funeral processions by a licensed mortuary; or ~~-Activities conducted by a government agency acting within the scope of its authority. SECTION 8.17.050 (SPECIAL EVENTS COMMITTEE) IS HEREBY AMENDED TO READ AS FOLLOWS: A. The special events committee shall be comprised of the assistant city manager, comm1::1nity and economic de1,elopment director, transportation director, fire chief, police chief, ho1::1sing and neighl:Jorhood services director, parks and recreation director and risk manager or their designated representatives designated representatives from the following departments: transportation, construction maintenance & inspection, environmental sustainability, community development, parks & recreation, fire, and police. The parks and recreation director or designated represented will chair the committee and determine whether additional department representation on the committee is required, as deemed necessary. B. The special events committee is charged with reviewing and providing recommendations to the city manager regarding the approval or modification of an application for a special event permit based upon the information required in the application with regard to considerations of public safety, traffic flow and control, the disruption to residences and businesses; availability of resources of city personnel and equipment to adequately ensure the public health, safety and welfare C. The special events committee shall not recommend for appro\1al a new e¥ent for the date, time or location of a previo1::1sly estal:Jlisl::ied reocC1::Jrring e,-ient give priority to reoccurring events that have been previously permitted under this chapter, unless the applicant of the previously established reoccurring event notifies the city of their intent to not hold the event or no application has been received by the city at the minimum application filing date. SECTION 8.17.060 (APPLICATION) IS HEREBY AMENDED TO READ AS FOLLOWS: A. A person req1::1esting a special e1o1ent permit shall file an application, certified B'; affida1o1it on forms pro1,ided l:Jy the parl~s and recreation department. The parks and recreation director 'Nill foFYs1ard tl::ie application to the special e1,1ents committee for re1,iew and recommendation to the city manager. An application for a special event shall be CHAPTERS 8.17 AND 8.19 W ITH REVISIONS HIGHLIGHTED Temporary Events on Private & Public Property on a form provided by the parks and recreation department, which shall req uire that information necessary to show compliance with the provisions of this chapter. B. The application shall be filed at least 90 days and not more than two years before the special event is proposed to commence. The minimum 90-day notice requirement may be waived by the parks and recreation director upon written finding that t he limited scope of the event, both in size and magnitude, allows it to be adequately reviewed in the time provided. C. The applicant must sign the application. In cases where an event is held on private property and impacts public property, the applicant, and the private property owner where the event is occurring (in different) must sign the application. The application for a special e1,1ent permit shall set forth all of the following information, if applicable: 1. The name, address, email address and telephone number of the applicant and event organizer and its officers; 2. The names, addresses and telephone numbers of the headquarters of an1• organization for which the special e•,<ent is to be conducted, and proof of the authorized representati¥es of the organization; 3. An acknowledgment of financial responsibility for any city fees or costs that may be imposed for the special e1o1ent b1( the applicant and any person authorizing the applicant to apply for the permit on its behalf; 4. A description ofthe nature or purpose of the special event, including a description of activities planned during the special C'w'Cnt; S. A statement of fees to be charged participants in the special event; e. Identification ofthe Carlsbad location where special e¥ent sales will be reported to the franchise taic board, a City of Carlsbad business license or a cop·y of a document showing proof the applicant is a talE eicempt non profit organization; 7. Proof of insurance required by this chapter; 8. The date(s), time(s), and location(s) where the special e•,<ent is to be conducted, including assembly and disbanding; 9. A site plan, including, but not limited to: a. Portable str1::1ctures, b. Prefabricated structures, c. Site built structures, d. Staging, e. Re1,iewing stand(s), f. Elevated platforms, g. Temporary pedestrian bridges, h. Tents or canopies, i. On site grading, j. Portable restrooms, k. All on site signs and banners that ha¥e a face area larger than le square feet and/or stand more than four feet abo'w'C the ground, I. Any travel routes, m. Assembl•r or production areas, CHAPTERS 8.17 AND 8.19 WITH REVISIONS HIGHLIGHTED Temporary Events on Private & Public Property n. electrical sources and connections, o. Fuel storage, 13. Cool~ing and 013en fires, El -Water su1313ly, r. Run off containrnent foatures, s. Solid 'Naste, recyclable rnaterials, and organic rnaterials containers, t. Accessible 13arl~ing, u. Access 13oints and routes for disabled 13ersons, ,,. Access 13oints for ernergency fire and arnbulance CE1ui13rnent, w. ernergency rnedical seri,cices area(s), x. /\n'( •,<chicles located in an enclosed area, y. Pyrotechnics, z. lnflatable(s), aa . Anirnals and anirnal rides, bb. Carni•,1al rides, cc. Location to accornrnodate individuals desiring to ex13ress 013inions not consistent •1,i'ith the 13ur13ose or intent of the e>w<ent, and Eld. Other sirnilar inforrnation that will describe the corn13onents of the event; 10. The location and Elescri13tion of all off site signs, banners or attention getting Ele·,ices; 11. /\ detailed traffic control 13lan (TCP) for a rnajor event and 13arking rnanagernent 13lan, consistent with standards set forth in the National Manual on Uniforrn Traffic Control Qe•,1ices or the California Su1313lement to the National Manual on Uniform Traffic Control Qevices for all streets, sidewall~s and 13arking lots which the s13ecial e•,ent will irn13act by restricting the 13ublic's normal, t>,<13ical or customary use thereof; 12. The a1313roxirnate nurnber of 13artici13ants, s13ectators, anirnals and \1ef:ticles; 13. The nurnber of 13ersons 13ro13osed or reEtuired to rnonitor or facilitate the s13ecial e>w<ent and to 13ro>w<ide s13ectator or 13artici13ant control and direction for e1,1ents using city streets, sidewall~s, or facilities; 14. Pro>w<isions for first aid and emergency rnedical services; lS. The nurnber, ty13e and location of sanitation facilities; le. Pro1,isions for rec11cling 13er California Public Resources Code Sections 12e18 tf:trougf:t 12e18.7 and in accordance with Section e.08.02e of this code; 17. Pollution 13revention in com13liance witf:t city's rnunici13al National Pollutant Qischarge elimination System 13errnit, city ordinances and the city "Jurisdictional Urban Runoff Management Plan" (JURMP); 18. /\ descri13tion of any recording CE1Ui13ment, sound arn13lification eE1ui13ment, or other attention getting devices to be used in connection with the s13ecial event. D. Applicants for a repeated event held on private property (such as fireworks) may file one annual special event application identifying the event dates for one calendar year. CHAPTERS 8.17 AND 8.19 WITH REVISIONS HIGHLIGHTED Temporary Events on Private & Public Property SECTION 8.17.130 (REASON FOR DENIAL OF A SPECIAL EVENTS PERMIT} IS HEREBY AMENDED TO READ AS FOLLOWS: A. The city manager may only deny a special event permit to an applicant when any of the following applies: 1. The application for the permit (including any attachments) is not fully completed and executed . 2. The application for the permit contains a material falsehood or misrepresentation. 3. The applicant has failed to conduct a previously authorized event in accordance with law or the terms of a permit, or both. 4. The use or activity would conflict with previously planned programs organized and conducted by the city and previously scheduled for the same place and time. 5. A fully executed prior application for the same time and place has been received and a permit has been or is likely to be granted authorizing uses or activities which do not reasonably permit multiple occupancy of the particular site or part thereof. 6. The applicant has not complied or cannot comply with applicable federal, state or local laws, regulations, ordinances or city council policy. 7. The applicant has not tendered the required application, indemnification agreement and endorsement(s), insurance certificate, or security deposit for police and emergency services and equipment within the times prescribed. 8. The applicant has not provided for the services of a required number of police officers, fire and/or paramedic personnel, private security, civilian traffic controllers or event volunteers/staff to ensure the safety of the event. 9. The applicant has not provided adequate sanitation and other required health facilities on or adjacent to any public assembly area. 10. The applicant has not provided sufficient off-site parking or shuttle service, or both, required to minimize any adverse impacts on public parking and traffic circulation in the vicinity of the special event. 11. The applicant has not obtained the approval of any other public agency within whose jurisdiction the special event or portion thereof will occur. 12. The use or activity would present an unreasonable danger to the health or safety of the applicant, other users of the site, or the public. 13. The special event will require the exclusive use of beach or park areas during any period in a manner which will have adverse impact on the reasonable use or access to those areas by the general public. 14. The special event will create the imminent possibility of violent disorderly conduct likely to endanger public health, safety and welfare or to result in property damage. 15. The special event will interfere with the normal access and function of businesses and/or residences during any period in a manner, which will have adverse impact on the reasonable use or access to those areas. 16. The special event will require the diversion of a great number of police employees from their normal duties, thereby preventing reasonable police protection to the remainder of the city. CHAPTERS 8.17 AND 8.19 WITH REVISIONS HIGHLIGHTED Temporary Events on Private & Public Property 17. The conduct of the special event will substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic, including public transportation, contiguous to its route or location. 18. A temporary event held on private property that qualifies as a special event pursuant to this chapter and fails to meet the standards and requirements set forth under Section 8.19.090, or as otherwise authorized under the special event permit. SECTION 8.17.160.A (APPEAL PROCEDURE) IS HEREBY AMENDED TO READ AS FOLLOWS: A. Any applicant has the right to appeal the denial of a special event permit to the city council. The denied applicant must make the appeal within five days after receipt of the denial by filing a written notice with the city clerk and a copy of the notice with the police chief parks & recreation director. The city council will act upon the appeal at the ne*t regularl•,1 scheduled meeting within a reasonable period following receipt ofthe notice of appeal, which decision will be final. SECTION 8.17.170 (NOTICE TO CITY AND OTHER OFFICIALS) IS HEREBY AMENDED TO READ AS FOLLOWS: Immediately upon the issuance of a special event permit, the parks and recreation director, or designee will seA€1- a notice thereof to the cit·r manager, the city attorney, the police chief, the fire chief, the utilities director, the community and economic de•,ielopment 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 advise the affected city departments and divisions for follow-up, as necessary. SECTION 8.17.190.L (CONTENTS OF PERMIT) IS HEREBY AMENDED TO READ AS FOLLOWS: L. The applicant's recycling waste reduction plan. CHAPTER 8.19 IS HEREBY ADDED TO READ AS FOLLOWS: Chapter 8.19 -TEMPOARY EVENTS IMPACTING PRIVATE PROPERTY 8.19.010 Purpose and intent. The intent of this chapter is to identify temporary outdoor or indoor events that occur entirely on private property, which do not impact public property and are not expected to require city public safety services or additional traffic control measures or public parking waiver, and to specify the requirements and provisions for their approval regardless of the whether the temporary event is permitted in the location or zone classification. The requirements and provisions established for private temporary events are intended to ensure the general safety, hea lth, and welfare of the community and to ensure that the temporary operation of the event and maintains the high quality of life of surrounding neighborhoods. 8.19.020 Definitions. Except where the context otherwise requires. for the purposes of this chapter. the following definitions apply: "Director" means the Community Development Director, or authorized designee. "Private Property Perm it" means a permit issued by the Director authorizing a Temporary Private Property Event or Temporary Private Property Seasonal Event. "Temporary Construction Permit" means a permit issued by the Director authorizing a Temporary Construction Support Use. CHAPTERS 8.17 AND 8.19 WITH REVISIONS HIGHLIGHTED Temporary Events on Private & Public Property "Temporary Construction Support Use" means the temporary off-site staging and/or storage on private or public property of tools, equipment. construction assembly operations and supervisory offices in connection with a permitted or authorized development or construction project. "Temporary Private Property Event" means an outdoor or indoor short-term activity or event that is conducted entirely on private property and does not meet the definition of a special event pursuant to Section 8.17.020 and does not impact public property. "Temporary Private Property Seasonal Event" means an outdoor short-term event that is conducted entirely on private property, involves retail sales associated with seasonal or holiday activities, and does not meet the definition of a special event pursuant to Section 8.17.020 and does not impact public property. 8.19.030 Permit required. A. No person shall engage in or conduct any Temporary Private Property Event or Temporary Private Property Seasonal Event without an approved Private Property Permit. B. Temporary Construction Support Use 1. No person shall engage in or conduct any Temporary Construction Support Use on private property without an approved Temporary Construction Permit. 2. No person shall engage in or conduct any Temporary Construction Support Use within public right of way or on public property without an approved right-of-way permit. pursuant to Chapter 11.16. 8.19.040 Exceptions to permit requirement. A. A Private Property Permit is not required for the following events. 1. Events involving not-for-profit activities that are infrequently conducted entirely on residential private property such as, but not limited to private birthday party, graduation celebration, family wedding event, and other similar gatherings. 2. Groundbreaking, ribbon-cutting, or similar initiation event when less than four hours in duration in a single day. B. A Temporary Construction Permit is not required for any Temporary Construction Support Use that is conducted on the same site as the permitted or authorized development or construction project. 8.19.050 Application for permit. A. An application for a Private Property Permit or Temporary Construction Permit shall be on a form provided by the Community Development Department, which shall require that information necessary to show compliance with the provisions of this chapter. B. The event organizer or contractor and the private property owner of the property where the Temporary Private Property Event, Temporary Private Property Seasonal Event. or Temporary Construction Support Use will be held, must sign the application. For a Temporary Construction Support Use on public property, the applicant or contractor for the permitted or authorized development or construction project shall sign the application. 8.19.060. Fees. CHAPTERS 8.17 AND 8.19 WITH REVISIONS HIGHLIGHTED Temporary Events on Private & Public Property A. The City Council may impose by resolution a nonrefundable fee to reimburse the city for its reasonable and necessary costs in re ceiving, processing, and reviewing applications for a Private Property Permit or Temporary Construction Permit. B. Th e City Council may impose by resolution a fee that will be applied towards the use of public right of way or public property for a private Temporary Construction Support Use. 8.19.070 Identification of Permitted Temporary Private Property Events. The following Temporary Private Property Events shall be permitted. An event similar to those listed below may be permitted if the Director determines the event is substantially similar to the specified permitted events . A. Carnivals, circuses, festivals, or other entertainment event B. Antique or art show C. Civic, fraternal, or religious assembly D. Sale of merchandise or equipment E. Private events and group gatherings F. Commercial filming 8.19.080 Identification of Permitted Temporary Private Property Seasonal Events. The following Temporary Private Property Seasonal Events shall be permitted, subject to Director determination. A. Pumpkin patches B. Holiday tree sales C. Agriculture, flower, or harvest festivals Events permitted under Section 8.19.070 shall also be permitted as part of a Temporary Private Property Seasonal Event. 8.19.090. Standards. A. A Temporary Private Property Event or Temporary Private Property Seasonal Event, which may be authorized in any zone, shall be subject to the following standards. Activities that fail to meet these provisions do not qualify as a temporary event under this chapter and must comply with the use requirements set forth under Title 21 (Zoning). Private events subject to Section 8.19.080 shall comply with the following standards, unless otherwise authorized under a special event permit by the special events committee pursuant to Section 8.17.050. 1. Number and duration a. A Temporary Private Property Event shall be no longer than five consecutive days in duration and only two Temporary Private Property Events shall occur on the property within a thirty-day period. No CHAPTERS 8.17 AND 8.19 WITH REVISIONS HIGHLIGHTED Temporary Events on Private & Public Property 2. more than four total Temporary Private Property Events are allowed on the same property within a calendar year. b. A Temporary Private Property Seasonal Event shall be no longer than 60 consecutive days from the time setup begins to the time removal and clean up must be completed and only two such Temporary Private Seasonal Events shall occur on the property within a calendar year. Event hours shall be limited daily from 7:00 a.m. to 10:00 p.m. 3. All other applicable city permits shall be secured prior to permit issuance and available on-site for the duration of the event. 4. The applicant shall be responsible for securing necessary approvals from other agencies such as, but not limited to the County of San Diego Department of Environmental Health and Quality and California Department of Alcoholic Beverage Control. as necessary. 5. No temporary on-site structure or activities associated with the event shall obstruct public right-of-way or emergency access. 6. Temporary on-site event signs must be authorized pursuant to an approved Private Property Permit. A separate sign permit pursuant to Section 21.41.050 shall not be required. 7. No temporary off-site signs associated with an event are permitted. 8. The site shall be of sufficient size to accommodate parking for the people attending the event and public parking waivers or special parking allowances are not required~ 9. As determined necessary by the Director, compliance with any modified or additional specific requirements or conditions deemed necessary to ensure the health, safety, and welfare of the community during the use. 10. Applicant agrees to waive and release the city on a form as approved by the city attorney's office. B. A Temporary Construction Support Use, which is permitted in any zone, shall be subject to the following requirements and standards. Unless directed otherwise, activities that fail to meet these provisions do not qualify as a Temporary Construction Support Use under this chapter and must comply with the use requirements set forth under Title 21 (Zoning). 1. Temporary perimeter screening and security fencing shall be installed and maintained throughout the duration of the construction project. 2. Compliance with the construction operating hours specified under Section 8.48.010. The Director is authorized to allow exceptions to the construction operating hours pursuant Section 8.48.020.B. 3. Compliance with all standards and requirements specified in Chapter 15.12: Stormwater Management and Discharge Control. 4. The use shall be removed, and the site restored within five days following completion of the construction project. 5. No temporary on-site structure or activities associated with the use shall obstruct public right-of-way or emergency access. CHAPTERS 8.17 AND 8.19 WITH REVISIONS HIGHLIGHTED Temporary Events on Private & Public Property C. 6. As determined necessary by the Director, compliance with any modified or additional specific requirements or conditions deemed necessary to ensure the health, safety, and welfare of the community during the use. 7. When the Temporary Construction Support Use is located within the public right of way or on public property, the applicant shall secure appropriate agreements and fees from the City Manager, or designee. Failure to comply with the provisions specified in this chapter, other relevant city regulations, or any conditions imposed on the permit may result in the revocation of the permit and immediate suspension of the event or use. 8.19.100. Private events impacting public property. A Temporary Private Property Event or Temporary Private Property Seasonal Event wh ich involves the use of, or has an impact on, public property, public street, or public facilities or requires the provision of city public safety services or additional temporary traffic control measures or special public parking allowances shall obtain a special event permit, pursuant to Chapter 8.17. 8.19.110. Decision on the application. A. The Director, or designee is authorized to approve a Private Property Permit or Temporary Construction Permit. B. Within five business days after receipt of a complete application, the Director shall notify the applicant of the decision that approves the request, cond itionally approves the request, or denies the request with the reasons for denial stated. C. As part of application review, the Director shall consider the following. 1. Formal complaints filed with the city regarding prior Temporary Private Property Events, Temporary Private Property Seasonal Events, or Temporary Construction Support Uses previously held on the subject property where the Director may impose additional requirements and conditions necessary to address those complaints, including denial of the permit application. 2. The operation and activities of prior Temporary Private Property Events or Temporary Private Property Seasonal Events previously held on the same property to determine whether public property was impacted during the event; or, to determine whether the event has grown in scope and scale overtime where the activity now impacts or has the potential to impact public property. In such cases, the Director may require that the event secure a special event permit pursuant to Section 8.17. 8.19.120. Appeal procedure. The applicant may appeal the Director's decision pursuant to 8.17.160. 8.19.10. Severability. If any section, subsection, sentence, clause, or phrase ofthis chapter is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this chapter. The city council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause, or phrase contained in it irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases are declared invalid or unconstitutional. 1' Attachment B TEMPORARY EVENTS ON C cityof Carlsbad PRIVATE PROPERTY This bulletin provides an overview of the allowances and permitting requirements for certain temporary events and uses allowed on private property. BACKGROUND Carlsbad Municipal Code (CMC) §8.19 regulates va rying types of temporary activities occurring on private property such as grand (re)openings, pumpkin patches, holiday tree sales, specia l sales event, temporary off- site construction staging, or other similar kind of temporary outdoor performance or event. The purpose ofthese regulations is to minimize potential impacts to public health and safety and to reduce potential adverse effects on neighboring properties. TYPES OF TEMPORARY ACTIVITIES There are three types oftemporary activities allowed on private property that are defined and regulated under CMC §8.19: • Temporary Private Property Events • Temporary Private Property Seasonal Events • Temporary Construction Support Use While summarized in this bulletin, all required standards and other limitations are detailed in CMC §8.19. Events that fail to meet these standards, particularly for event frequency, event activity or event duration are not considered temporary and must comply with the use requirements set forth under the city's zoning code (CMC Title 21). Informational Bulletin 18-108 Documents Referenced Temp. Private Property Events Code; §8.19 Private Property Permit; P-88 Public/Private Special Event Permit; P-89 Customer Self Service; Portal Temp. Special Events Code; §8.17 P&R Department; SEP Special Event Reference Book Building/ Temporary Construction Permit;B-1 Finance Department; Business License Fire Department; Tent Permit TEMPORARY PRIVATE PROPERTY EVENT • A Temporary Private Property Event occurs infrequently, outside normal operations or activities, held entirely on private property, either outdoor or indoor, and open to the public. • Examples of Temporary Private Property Events include, but not limited to the following: O Entertainment event (circuses, festivals) O Antique or art show O Civic, fraternal, or religious assembly O Sale event (merchandise or equipment) O Private events and group gatherings o Commercial fi lming • While the above temporary events are allowed in any zone, properties subject to an adopted Specific Plan or Master Pla n must still comply with all applicable prohibitions, limitations, and/or restrictions listed in the plan. • Temporary events may include ancillary uses such as games and activities, bounce houses, group gatherings, and food sales/consumption. • Temporary events can be no longer than five consecutive days in duration. • Only two temporary events may occur on the same property within a thirty-day period. • No more than four temporary events are allowed on the same property within a calendar year. Community Development Department I 1635 Faraday Ave. / Carlsbad, CA 92008 / www.carlsbadca.gov TEMPORARY PRIVATE SEASONAL EVENT • Temporary Private Seasonal Events are outdoor events held on private property like a Temporary Private Property Event, but the duration ofthe event is longer because they are specifically associated with a holiday or seasonal period. • Examples of Temporary Private Seasonal Events include, but not limited to the following: o Pumpkin patches O Holiday tree sales O Agriculture, flower, or harvest festivals • While the above temporary seasonal events are allowed in any zone, properties subject to an adopted Specific Plan or Master Plan must still comply with all applicable prohibitions, limitations, and/or restrictions listed in the plan. • Temporary seasonal events may include ancillary uses such as games and activities, bounce houses, group gatherings, and food sales and consumption. • Temporary seasonal events can be no longer than 60 consecutive days long. • No more than two temporary seasonal events are allowed on the same property within a calendar year. Page 2 of 5 TEMPORARY CONSTRUCTION SUPPORT USE • This use involves the temporary off-site staging and/or storage of tools, equipment, construction assembly operations and supervisory offices in connection with a permitted or authorized development or construction project. • The offsite staging area must be screened from public view, comply with all required stormwater management and discharge control requirements, and all equipment must be removed, and the site restored following completion of the permitted construction project. • Access and use of the storage areas is limited to established construction operating hours • Access and use of the storage areas is limited to established construction operating hours (§8.48.010) unless otherwise allowed or required by the Director (§8.48.020). PERMIT REQUIREMENTS A Temporary Private Property Event, Temporary Private Seasonal Event, or Temporary Construction Staging Area can be administratively permitted by the city, depending upon the scope and scale ofthe temporary event/use being proposed. PRIVATE PROPERTY PERMIT With an approved Private Property Permit (application form P-88) from the Community Development (CD) Department, a Temporary Private Property Event or Temporary Private Property Seasonal Event may be authorized, so long as the event is held entirely on private property and does not involve the following: • Use of, or has a direct impact on public property (i.e., park) or public facility (i.e., senior center); • Public safety services (police or emergency services); and/or, • Temporary traffic control measures or the need for special public pa rking allowances. IB-108_ Temp. Event on Private Property (DRAFT) PRIVATE PROPERTY PERMIT -EXEMPTIONS Notwithstanding the section above, the following Temporary Private Property Events are allowed without the need of a Private Property Permit: • Non-commercial private events infrequently held entirely on residential property such as, birthday parties, graduation celebrations, family weddings, or other related personal events. • Groundbreaking, ribbon-cutting, or similar event lasting less than four hours in one day. While the above listed events may be exempt from a Private Property Permit, other permit requirements may still apply and must be secured prior to the event, as discussed further in this informational bulletin (Additional Permit Requirements). Additionally, the above events are also subject to city noise and nuisance regulations. SPECIAL EVENT PERMIT The Parks & Recreation (P&R) Department is responsible for reviewing and approving permits that authorize events and activities that are held on public property and public roads such as runs, walks, markets, festivals, parades, fireworks, and bike tours. The type of Special Event Permit required is dependent upon the potential anticipated impacts the event will have on public property and/or public facilities, as reflected below. • Minor Special Event Permit Required when the event is expected to exceed usual traffic regulations or controls on two or fewer intersections of any public street or requires special public parking allowances or traffic control measures (flagging). IB-108_Temp. Events on Private Property (DRAFT) • Major Special Event Permit Required when the event is expected to exceed usual traffic regulations on three or more intersections of any public street, or the event impacts one of the city's listed public arterial roads. For more information on permit processing for public events on public property, refer to the Special Event Reference Book. Generally, the Special Event Permit is reserved for events on public property. However, the city recognizes that a Temporary Private Property Event or Temporary Private Property Seasonal Event that occurs on private property may be significant enough to impact one or more of the following public facilities/services: • Use of, or has a direct impact on public property (i.e., park) or public facility (i.e., senior center); • Requires or requests public safety services (police or emergency services); and/or • Necessitates need for temporary traffic control measures or special public parking allowances. These types of events may be authorized with an approved Public/Private Special Event Permit (application form P-89) from the P&R Department, subject to CMC §8.17 and §8.19. TEMPORARY CONSTRUCTION PERMIT To authorize temporary offsite construction staging, a Temporary Construction Permit (B-1) must be approved by the CD Department. Because these support operations must be associated with a permitted construction job, the temporary permit must be issued concurrent with, or following issuance of the associated building permit. Page 3 of 5 PERMIT SUBMITTAL & REVIEW PROCESS The items below represent the minimum submittal requirements necessary to initiate permit review. Additional information may be required following initial application submittal. PRIVATE PROPERTY PERMIT • Completed and signed application form (P-88). o Under the section "Overview of Activities," applicants are encouraged to detail the scope, scale, and purpose of the event. The more information that is provided describing the event, the quicker applications can be processed by city staff. Additional pages can be attached to the application, if needed. o The property owner must also sign the application, if different from event organizer. • A detailed site plan of the proposed event area that clearly identifies the following information o The geographical boundaries of the event. o The location/size of all temporary structures, including but not limited to stages, tents, inflatables, and vendor booths. o The location/types of attendee activities. o The number/location of sanitation, trash, and water facilities, if provided. o Location of attendee parking. o Cooking, propane, generators Page 2 of form P-88 includes space where the applicant can prepare the site plan. A separate sheet can be attached, if preferred. Page 4 of 5 Once completed, applications are accepted using the city's Customer Self Service Portal. The application and any attached documents you deem necessary to help explain your event must be saved in .PDF format and uploaded into the portal. Standard conditions, which apply to all temporary events, are included as part of the P-88 form. Please review these conditions carefully before your submission. Depending upon the scale of the event, additional conditions may be imposed to address potential impacts to neighboring properties and/or potential health and safety of attendee participants. Application review typically takes city staff three to five business days to complete. After submittal, additional information may be requested by city staff to complete the application review process. As such, to ensure sufficient processing time, applications should be uploaded into the portal no less than ten business days before the intended event. For the other permit types referenced in this bulletin, please follow the submittal and processing steps specified in their respective applications forms. SPECIAL EVENTS PERMIT Refer to the P&R Department website and the Special Event Reference Book for submittal and review process for Special Event Permits. When processing the Special Events Permit, the standards and requirements specified under the §8.19 shall apply to those events and activities occurring on private property. TEMPORARY CONSTRUCTION PERMIT A completed and signed application form (B-1). Generally, standalone temporary permits can be processed within five business days. As previously noted, however, it is encouraged that the application be submitted either concurrent with, or as part of the building permit application. IB-108_Temp. Event on Private Property (DRAFT) ADDITIONAL PERMIT REQUIREMENTS The following city permits, in addition to the event permits described in this informational bulletin, may be required depending upon to scope and scale of the Temporary Private Property Event or Temporary Private Seasonal Event. Please contact the appropriate department with any questions. TENT PERMIT Events that propose any temporary membrane structure, tent, or canopy, and portable heaters may require review and approval of a Tent Permit from the Carlsbad Fire Department. Generally, a tent permit is required when an event includes the use of tents/canopies that meet the following conditions: • ;:::400 square feet total tent coverage with one or more sidewalls. • ;:::700 square feet total tent coverage. • Multiple tents separated less than 12 feet apart will be considered as one tent, irrespective of the individual size of each tent. • Portable heaters proposed to be located under the temporary tent/canopy (BBQ's and deep fat fryers are not allowed in or under any tent, tent membrane structure, or canopy). Review of permit applications include ensuring proper flame resistance of the tent material, unobstructed ingress/egress, portable fire extinguishers, sources of ignition, protection and security of portable LP-gas containers, and generators. IB-108_Temp. Events on Private Property (DRAFT) BUILDING PERMIT Events proposing the use of temporary structures may need to secure a building permit in addition to a private property event permit. Generally, a building permit (Form B-1) is required under the following conditions: • Temporary structures ;:::120 square feet in size that are used by the public (i.e., platform, deck, stage) • Temporary power (pole) BUSINESS LICENSE All vendors and operators conducting business at a Temporary Private Property Event or Temporary Private Property Seasonal Event are required to hold a current business license from the city's Finance Department. Please review the Q&A page to learn more about how what businesses are required to secure a license and the cost. YOUR OPTIONS FOR SERVICE • Building Permits Building Division at 442-339-2719 or via email at building@carlsbadca.gov • Business License Finance Department at 442-339-2495 or via email at business.license@carlsbadca.gov • Private Property Permit Planning Division at 442-339-2600 or via email at OutdoorActivation@carlsbadca.gov • Special Event Permit P&R Department at 442-339-2292 or via email at Specia leventperm its@carlsbadca.gov • Temporary Construction Permit Building Division at 442-339-2719 or via email at building@carlsbadca.gov • Tent Permit Carlsbad Fire Department at 442-339-2665or via email at firepreventionpublic@carlsbadca.gov Page 5 of 5