HomeMy WebLinkAbout09-006 PC ResolutionPC RESOLUTION NO. 09-06
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 12.12 TO THE
TEMECULA MUNICIPAL CODE ENTITLED PARADES
AND SPECIAL EVENTS ON PUBLIC PROPERTY AND
AMENDING SECTION 17.04.020 A. OF THE TEMECULA
MUNICPIAL CODE PROVIDING THAT CHAPTER 17.04
APPLIES TO TEMPORARY USES AND SPECIAL EVENTS
ON PRIVATE PROPERTY (LONG RANGE PLANNING
PROJECT NO. 1-11108-0046)"
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On March 18, 2009 the Planning Commission identified a need to amend
the adopted Municipal Code to add a new chapter to the Temecula Municipal Code
regarding the parades and special events on public property (Long Range Planning
Project No. LR08-0046).
B. The Ordinance was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
application and environmental review on March 18, 2009, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve Long
Range Planning Project No. LR08-0046 subject to and based upon the findings set forth
hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Recommendation of Approval. That the City of Temecula Planning
Commission hereby recommends that the City Council adopt the addition of Chapter
12.12 to the Temecula Municipal Code entitled Parades and Special Events on Public
Property and amending section 17.04.020 A. of the Temecula Municipal Code providing
that Chapter 17.04 applies to temporary uses and special events on private property,
substantially in the form attached to this resolution as Exhibit A.
Section 3. Environmental Compliance. In accordance with the California
Environmental Quality Act, the proposed Ordinance No. 09- (Parades and Special
Events on Public Property) is exempt from the requirements of the California
Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of
Regulations, Section 15061 (b) (3) because it can be seen with certainty that there is no
possibility that the Ordinance will have a significant effect on the environment. The
Ordinance will have no adverse environmental affects because the proposed addition
does not allow for additional development to occur or allow for significant adverse
changes to the physical environment. Additionally, CEQA Guidelines Section 15301
applies because the proposed ordinance regulates the use and operation of the City's
existing public streets and public property for activities without physical change to the
public streets and public property. CEQA Guidelines Section 15323 applies because
the proposed ordinance regulates the normal parade and special event operations on
public streets and public property that have occurred for more than three years in the
past and without any physical changes to the public streets or public property. The
Planning Commission, therefore, recommends that the City Council of the City of
Temecula adopt a Notice of Exemption for the proposed ordinance.
Section 4. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council approve Long Range Planning Project No.
LR08-0046, a proposed Citywide Ordinance as set forth on Exhibit A, attached hereto,
and incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 18th day of March 20
40 Stanley Harter, Chairman
ATTEST:
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Patrick Richardson, Secretary
,[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 09-06 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 18th day of March 2009, by the following vote:
AYES: 3 PLANNING COMMISSIONERS: Guerriero, Harter, Telesio
NOES: 2 PLANNING COMMISSIONERS: Carey, Chiniaeff
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
-9-'
le
Patrick Richardson, Secretary
EXHIBIT A
DRAFT CC ORDINANCE
DRAFT: FEBRUARY 16, 2009
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADDING CHAPTER 12.12 TO THE
TEMECULA MUNICIPAL CODE ENTITLED PARADES
AND SPECIAL EVENTS ON PUBLIC PROPERTY AND
AMENDING SECTION 17.04.020 A. OF THE TEMECULA
MUNICIPAL CODE PROVIDING THAT CHAPTER 17.04
APPLIES TO TEMPORARY USES AND SPECIAL EVENTS
ON PRIVATE PROPERTY
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN
AS FOLLOWS
Section 1. Chapter 12.12, Parades and Special Events on Public Property, is hereby
added to the Temecula Municipal Code to read as follows:
"CHAPTER 12.12 PARADES AND SPECIAL EVENTS ON PUBLIC
PROPERTY
12.12.010 Definitions.
12.12.020 Special Event Permit--Required.
12.12.030 Exceptions to the Special Event Permit requirement.
12.12.040 Special Event Permit--Application.
12.12.050 Special Event Permit Application fee.
12.12.060 Special Event Permit--Denial or revocation.
12.12.070 Special Event Permit--Term.
12.12.080 hidemnification and Insurance.
12.12.090 Departmental services charge.
12.12. 100 Refunds.
12.12. 110 Interfering with activity prohibited.
12.12.120 Penalty for violation.
DRAFT: FEBRUARY 16, 2009
12.12.130 Appeals.
12.12.140 Rules and regulations.
12.12.150 Unlawful to use City name without authorization.
12.12.010 Definitions.
As used in this Chapter, the following words shall have then meanings set forth in
this Section unless the context clearly requires a different meaning.
A. "Block party" means a Special Event in which one or more blocks in a
single family residential neighborhood are closed for the purpose of a special
event for the persons residing in that neighborhood.
B. "City Manager" means the City Manager of the City of Temecula and
his/her designee.
C. "Departmental services charges" means the actual costs that a department
of the City incurs in connection with activities for which a permit is required
under this Chapter; including, but not limited to, costs associated with fire safety,
traffic and/or pedestrian control, water safety, the closure of streets or
intersections, the diverting of traffic, the salaries of City personnel involved in
administration or coordination of City services for the event, the cost to the City
to provide support personnel, equipment, materials, and supplies, and related City
costs such as fringe benefits or employee overtime. Departmental services charges
shall not include costs incurred by the City to provide police protection to those
engaged in "expressive activity" as that term is defined in this Chapter.
D. "Expressive Activity" means conduct, of which the sole or principal object
is the expression, dissemination, or communication of opinion, views, or ideas by
any means; including, but not limited to, public oratory and the distribution of
literature.
E. "Event Organizer" means any person who conducts, manages, promotes,
organizes, or solicits attendance for a Special Event.
F. "Person" means any natural person, firm, association, joint venture, joint
stock company, partnership, organization, club, company, corporation, business
trust, or manager, lessee, agent, servant, officer or employee or any of these.
G. "Sidewalk" means that portion of a street or highway, other than the
roadway, set apart for pedestrian travel by curbs, barriers, markings, or other
delineation.
DRAFT: FEBRUARY 16, 2009
H. "Special Event" means:
1. Any organized formation, procession, or assembly of persons,
animals, vehicles, or any combination thereof, that assembles or travels in
unison on any street, sidewalk, or other public right-of-way owned or
controlled by the City, State of California or County of Riverside and that
does not comply with applicable traffic regulations, laws or controls; or
2. Any organized assemblage of seventy five (75) or more persons at
any public place, property or facility that gathers for a common purpose
under the direction or control of a person; or
3. Any other organized activity involving seventy five (75) or more
persons conducted by a person for a common or collective use, purpose or
benefit, which activity involves the use of public property or facilities and
which may require the provision of City public services for street
blockage, erecting barriers, construction, traffic control, crowd control.
4. Examples of Special Events include, but are not limited to,
concerts, parades, circuses, fairs, festivals, block parties, street fairs,
community events, mass participation sports (such as marathons and other
running events), athletic or sporting events, and community celebrations
and observances conducted on public property or public rights of way.
1. "Special Event Permit" means a permit issued pursuant to this Chapter.
J. "Spontaneous Event" means any Special Event involving expressive
activity that is occasioned by news or affairs coming into public knowledge
within five (5) days of Special Event.
K. "Street" means a way or place of whatever nature, publicly maintained and
open to use of the public for purposes of vehicular travel. Street includes
highways or alleys.
12.12.020 Special Event Permit--Required.
A. No person shall conduct, cause to be conducted, participate or engage in,
hold, manage, permit, or allow another to conduct a Special Event without first
having obtained a written Special Event Permit issued by the City Manager. This
requirement shall not apply to Special Events sponsored in whole or in part by the
City pursuant to a written agreement with the City.
B. The City Manager may also approve and permit the sale or use of
alcoholic beverages in public areas in connection with a Special Event where it is
not expressly prohibited by this code provided that such sale or use shall, at all
times, comply with all other applicable provisions of law. Any denial by the City
DRAFT: FEBRUARY 16, 2009
Manager of approval for a permit to sell or use alcoholic beverages under this
subsection may be appealed as provided in section 12.12.130.
C. The City Manager is authorized to issue Special Event Permits pursuant to
the procedures established in this Chapter.
D. The City Manager may condition any Special Event Permit issued
pursuant to this Chapter with reasonable requirements concerning the time, place,
or manner of holding such event as is necessary to coordinate multiple uses of
public property, assure preservation of public property and public places, prevent
dangerous, unlawful or impermissible uses, protect the safety of persons and
property and to control vehicular and pedestrian traffic in and around the venue,
provided that such requirements shall not be imposed in a manner that will
unreasonably restrict expressive or other activity protected by the California or
United States Constitutions. Conditions imposed by the City Manager may
include, but are not limited to, the following:
1. The establishment of an assembly or disbanding area for a parade
or similar event;
2. The accommodation of an event's pedestrian and vehicular traffic,
including restricting events to City sidewalks, portions of a City street, or
other public right-of-way;
3. Conditions designed to avoid or lessen interference with public
safety functions and/or emergency service access;
4. Limiting the number and type of vehicles, animals, or structures to
be displayed or used in the event;
5. The inspection and approval by City personnel of stages, booths,
floats, structures, vehicles, or equipment to be used or operated in the
event to ensure that such structures or vehicles are safely constructed, can
be safely operated, and conform to the requirements of all applicable
codes;
6. A cleaning deposit if the event includes using structures,
displaying or using horses or other large animals, operation of water
stations, food distribution or sales, beverage distribution or sales, and/or
sale of other goods or services;
The provision and use of traffic cones or barricades;
8. The provision or operation of first aid stations or sanitary facilities,
including handicap accessible sanitary facilities;
9. The provision of a waste management plan, and the clean up and
restoration of the site of the event;
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DRAFT: FEBRUARY 16, 2009
10. Limits on the use of sound amplification equipment or restrictions
on the amount of noise generated by motors and other equipment used in
the course of the event;
11. Provision of reasonable notice of permit conditions to event
participants and to those businesses or residents who may be directly
affected by the conduct of the event;
12. The provision or use of emergency services;
13. The reasonable designation of alternate sites, times, dates, or
modes for exercising expressive activity;
14. The obtaining of any and all business licenses or other necessary
permits required by this code for the sale of food, beverage, or other goods
or services at the event; and
15. The manner by which alcohol sales and service, if any, shall be
conducted at the event.
16. Implementation of a Traffic Control Plan approved pursuant to
subsection G.
E. Pursuant to Vehicle Code Section 21101(e) and other applicable law, the City
Council hereby designates the City Manager as the city employee with authority to
temporarily close a portion of any street for celebrations, parades, Special Events, and
other purposes when, in the opinion of the City Manager, the closing is necessary for the
safety and protection of persons who are to use that portion of the street during the
temporary closing. This authority exists whether or not the closure is in connection with
a permit issued under this Chapter.
F. Issuance of a Special Events Permit pursuant to this Chapter does not
obligate or require the City to provide City services, equipment, or personnel in
support of an event. The City Manager may nevertheless provide such services,
equipment or personnel if such are reasonably available and the event organizer
makes provisions to reimburse the City for the cost thereof.
G. A Traffic Control Plan shall be required if the Applicant proposes to close
or partially close any traffic lanes within a street designated as a "Major Road" by
the City of Temecula's General Plan. The Traffic Control Plan shall be submitted
by the Applicant and approved by the City Traffic Engineer in accordance with
the Public Works Department's Guidelines for Preparation of Traffic Control
Plans.
12.12.030 Exceptions to the Special Event Permit requirement.
DRAFT: FEBRUARY 16, 2009
A. The following activities are exempt from the Special Event Permit
requirement:
Funeral processions by a licensed mortuary or funeral home;
2. Activities conducted by a governmental agency acting within the
scope of its authority;
3. Events that take place on streets, sidewalks, or other public rights-
of-way owned or controlled by the City wherein applicable traffic
regulations, laws or controls are complied with; including, but not limited
to, lawful picketing
4. Filming activities governed by this code;
Spontaneous Events subject to the provisions of subsection B.
B. Spontaneous Events
1. Spontaneous Events may be held without a permit or formal notice
to the City in public areas not designated for sports activities or otherwise
reserved at the following City venues: (1) Duck Pond Park; (2) Ronald
Reagan Picnic Shelter; (3) Margarita Community Park. Organizers of a
Spontaneous Event are urged to notify the City of the event.
2. If a Spontaneous Event is to be held at any venue other than those
listed in subsection 13.1 and is reasonably likely to impact traffic or
pedestrians on City streets, the organizers thereof shall give written notice
to the City Manager at least twenty four (24) hours prior to such parade or
assembly. Such written notice shall contain all of the following
information:
a. The name, address, and telephone number of the event
organizer, who shall be considered a pennittee for the purposes of
this section;
b. The name, address, and telephone number of the
headquarters of the event organizer and, if an organization is an
event organizer, the responsible head of such organization;
C. The name, address, and telephone number of the person
who will chair the Spontaneous Event and who will be responsible
for its conduct;
d. The location and date of the proposed Spontaneous Event,
including the assembly area, disbanding area, and route to be
traveled;
DRAFT: FEBRUARY 16, 2009
C. An estimate of the approximate number of persons who
will be participating in the Spontaneous Event and an estimate of
the approximate number of persons who will be observing the
parade or assembly;
f The time at which the Spontaneous Event will start and
conclude; and
g. The type of security or other arrangements that will be
provided to assure that participants are properly directed.
3. The City Manager may impose reasonable time, place, and manner
restrictions on Spontaneous Events whether or not said activities are
governed by the permit requirements set forth in this Chapter.
4. The City Manager may deny permission to conduct a Spontaneous
Event if the City Manager makes a finding requiring denial pursuant to
section 12.12.070.
a. Such finding by the City Manager shall be made no later
than six (6) hours before the scheduled start time for the event. If
the City Manager denies permission for a Spontaneous Event, the
City Manager shall immediately provide notice of the denial,
including the reason or reasons for the denial, by telephone to the
event organizer, and shall also provide written notice of the denial
including the reason for the denial. If the event organizer provides
a fax number for the purpose of receiving notices, the City
Manager shall provide written notice of the denial by fax
immediately upon making the denial decision.
b. hi lieu of denial, the City Manager may propose to the
event organizer an alternative time, route, venue, or manner of
conducting the activity that would be acceptable to the City and
that would obviate any finding made pursuant to section 12.12.070.
12.12.040 Special Event Permit--Application.
A. The application for a Special Event Permit under this Chapter shall be
filed with the City Manager.
B. Applications shall be filed not less than sixty (60) calendar days, nor more
than one year before the time it is proposed to conduct the Special Event; except
for the following:
1. Applications for block parties shall be filed at least ten (10)
working days prior to the event.
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DRAFT: FEBRUARY 16, 2009
2. Applications for Special Events involving expressive activities
shall be filed no earlier than one year before the event and no later than the
following:
a. Ten (10) working days before any event to take place on a
street, highway, or thoroughfare.
b. Five (5) working days before any event to take place on an
alley or other right-of way other than sidewalks.
C. Three (3) working days before any event to take place on
any sidewalk, park, or other location.
C. If an applicant for an event involving an expressive activity or block party
desires to ensure the opportunity for an appeal to the City Council in accordance
with subsection 12.12.130.A, the application shall be filed with the City Manager
not less than thirty (30) calendar days, nor more than one year before the time
when it is proposed to conduct the event. Failure to file the application at least
thirty (30) days prior to the proposed activity shall be deemed to be a waiver of an
appeal to the City council and in that event the decision of the City Manager shall
be final and the event organizer or other aggrieved person may file or cause to be
filed a petition for writ of mandate in state court regarding the validity of the City
Manager's decision to grant or deny the application.
D. Each application shall be accompanied by a nonrefundable permit
application fee in an amount established from time to time by resolution of the
City Council. The City Manager shall have the authority, if good cause is shown
and the nature of the application reasonably and feasibly lends itself to expedited
processing, to consider, grant, or deny any application filed later than the time
prescribed in this section.
E. Except as otherwise provided by this Code, the City Manager shall
determine whether or not a Special Event Permit application is complete within
ten (10) business days. In the case of an event involving expressive activity, the
City Manager shall determine whether or not such application is complete within
twenty four (24) hours. Notwithstanding the City Manager's acceptance of a
completed application, no Special Event date shall be considered confirmed until
a Special Event Permit is issued.
F. Special Event Permit applications shall be upon a form furnished by or
acceptable to the City Manager and shall contain full, complete, and detailed
information including, but not limited to, the following:
The name, address, and telephone number of the event organizer;
2. A certification that the event organizer shall be financially
responsible for any City fees, departmental services charges or costs that
may lawfully be imposed for the event;
DRAFT: FEBRUARY 16, 2009
3. The name, address, and telephone number of the event organizer, if
any, and the chief officer of the event organizer;
4. If the Special Event is to be held by, on behalf of, or for any
organization other than the event organizer, the event organizer shall file a
written communication from such organization:
a. Authorizing the event organizer to apply for the Special
Event Permit on its behalf, and
b. Certifying that the event organizer and its principal shall be
financially responsible for any City fees, departmental services
charges or costs that may lawfully be imposed for the event;
5. A copy of the tax exemption letter issued for any applicant
claiming to be a tax exempt nonprofit organization;
6. A statement of the purpose of the Special Event;
7. A statement of any fees to be charged to participants or spectators
in connection with the Special Event;
8. The proposed location of the Special Event including a plot plan
depicting the placement of temporary structures or facilities on public
property or public rights-of-way;
9. The date and times when the Special Event is to be conducted;
10. The approximate times when assembly for, and disbanding of, the
Special Event is to take place;
11. The proposed locations of the assembly or production area;
12. In the case of a parade, marathon, or other similar event, the
specific proposed site or route, including a map and written narrative of
the route;
13. The proposed location for any disbanding area;
14. Proposed alternate routes, locations, or times, where applicable;
15. The approximate number of persons, animals, or vehicles that will
participate in the Special Event;
16. The kinds of animals anticipated to be part of the Special Event;
17. A description of the types of vehicles to be used in the Special
Event;
DRAFT: FEBRUARY 16, 2009
18. The number of bands or other musical units and the nature of any
equipment to be used to produce sounds or noise;
19. Other equipment or services necessary to conduct the Special
Event with due regard for participant and public health and safety;
20. The number of persons proposed or required to monitor or
facilitate the Special Event and provide spectator or participant control and
direction for events using City streets, sidewalks, or facilities;
21. Provisions for first aid or emergency medical services, or both,
based upon event risk factors;
22. Insurance information, if applicable;
23. Any special or unusual requirements that may be imposed or
created by virtue of the proposed event activity;
24. Any other information reasonably required by the City Manager.
12.12.050 Permit application--Fee.
A. Except as otherwise provided by this Chapter or other applicable law, rule
or regulation any permit fee, application fee, daily fee, and other additional fee
(other than departmental services charges) for the use of City streets or other City
owned or controlled property pursuant to this Chapter shall be established by the
City council by resolution.
B. Any indigent natural person who intends to engage in "expressive
activity" as defined in this Chapter who cannot apply for a permit because of an
inability arising from such indigence to pay the application fee shall not be
required to pay the fee. Application for indigent status shall be made at the time
of permit application and shall be accompanied by such relevant information and
documentation as is reasonably necessary in the opinion of the City Manager to
verify such status. For purposes of this section, "indigent natural person"
includes, but is not limited to, a person eligible for county relief and support as an
indigent person under section 17000 et seq., of the California Welfare and
Institutions Code or as said section(s) is/are amended from time to time.
12.12.060 Permit-Approval, denial or revocation.
A. Completed applications for a permit authorizing a Special Event shall be
denied, approved, or conditionally approved by the City Manager within thirty
(30) days after the City Manager determines that the application is complete.
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Completed applications for a permit involving "expressive activity" as defined in
this Chapter shall be denied, approved, or conditionally approved by the City
Manager within two (2) business days after the City Manager determines that the
application is complete. In the case of expressive activity, the City Manager shall
promptly attempt to notify the applicant orally, and provide written notification to
the applicant as soon as it is reasonably practical to do so. Such notice shall
provide detailed facts and reasons for any denial or conditional approval. The
City Manager shall consult with the City attorney before denying or conditionally
approving a permit involving expressive activity (including all activities wherein
the applicant claims or contends that the proposed event involves expressive
activity) as that term is defined in this Chapter.
B. The City Manager shall issue a permit under this Chapter if the City
Manager finds that the following criteria have been met:
1. The proposed use of the property is not governed by or subject to
any other permit procedures provided elsewhere in this code or other
applicable laws, rules or regulations;
2. The event will not substantially interrupt the safe and orderly
movement of aerial or marine navigation;
3. The event will not substantially interrupt public transportation or
other vehicular and pedestrian traffic in the area of its location;
4. The event will not conflict with construction or development in the
public right of way or at a public facility;
5. The event will not require the diversion of public safety or other
City employees from their normal duties so as to unreasonably reduce
adequate levels of service to any other portion of the City;
6. The concentration of persons, animals or vehicles will not
unreasonably interfere with the movement of police, fire, ambulance, and
other public safety or emergency vehicles on the streets;
7. The event will not unreasonably interfere with any other Special
Event for which a permit has already been granted or with the provision of
City services in support of other scheduled events or scheduled
government functions;
8. The event will not have an unmitigatible adverse impact upon
residential or business access and traffic circulation in the same general
venue area;
9. The event will not adversely affect the City's ability to reasonably
perform municipal functions or furnish City services;
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10. The proposed use, event or activity will not have a significant
adverse environmental impact;
11. That in the case of a block party or other similar neighborhood
event, the applicants have submitted a petition in favor of the event which
has been signed by individuals representing at least sixty six percent
(66%) of the households on the block affected by the permit;
12. That the provisions of sections 12.12.080 and 12.12.090, if
applicable, have been or will be satisfied.
C. The City Manager may deny any application for a Special Event Permit or
revoke any such permit if the City Manager finds any of the following:
1. The permitted event or activity will unreasonably disrupt traffic
within the City; or
2. The permitted event or activity will unreasonably interfere with
access to police or fire stations, or other public safety facilities; or
3. The location of the event or activity will cause undue hardship to
adjacent businesses or residents; or
4. The permitted event or activity will require the diversion of so
many public employees that allowing the event would unreasonably deny
service to the remainder of the City; or
5. The application contains incomplete, false or misleading
information; or
6. The City Manager is unable to make all of the relevant findings
pursuant to subsection 12.12.040.7; or
7. The applicant fails to comply with all terms of this Chapter
including failure to remit all fees and deposits, or fails to provide proof of
insurance and/or an indemnification agreement as required by this
Chapter; or
8. The event is proposed for a time and place for which another event
permit has been or will be issued to a prior applicant; or
9. The proposed area for the assembly or for the set up or dispersal of
a parade or demonstration could not physically accommodate the number
of participants expected to participate in the assembly, parade or
demonstration; or
10. The parade, assembly or demonstration is proposed to take place
on the roadway portion of any street in a commercial or retail zone
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between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00)
A.M. or between the hours of four o'clock (4:00) P.M. and six thirty
o'clock (6:30) P.M., Monday through Friday, unless the parade, assembly
or demonstration will occur on a national holiday; or
11. The parade, assembly or demonstration will violate any federal,
state or local law or regulation; or
12. The applicant is legally incompetent to contract or to sue and be
sued; or
13. The applicant or the person or entity on whose behalf the
application for permit was made has on prior occasions damaged City
property and has not paid in full for such damage, or has other
outstanding and unpaid debts to the City; or
14. The proposed event would present an unreasonable danger to the
health or safety of the applicant, spectators, City employees, or members
of the public; or
15. The applicant has not complied or cannot comply with applicable
licensure requirements, ordinances or regulations of the City concerning
the sale, offering for sale, or distribution of any goods or services.
D. In determining whether to approve, deny, or revoke a Special Event
Permit for an event involving expressive activity, no consideration may be given
to the message of the event, the content of the speech, the identity or associational
relationships of the event organizer or its members or affiliates, or to any
assumptions or predictions as to the amount of hostility which may be aroused in
the public by the content of the speech or the message conveyed during the event.
E. The City Manager may refer a Special Event Permit application to such
appropriate City departments as the City Manager deems necessary from the
nature of the application for review, evaluation, investigation, and
recommendations by the departments regarding approval or disapproval of the
application.
F. The City Manager may deny any application for a permit or revoke any
permit if the City Manager determines that the event sponsor or any agent,
employee or associate of any such event organizer has willfully made any false or
misleading statement in an application or has not fully complied with the
requirements of this Chapter or has violated any of the provisions of this Chapter
or the provisions of any other applicable law, rule or regulation.
G. An event organizer whose permit application is denied, or whose permit is
revoked, pursuant to this section shall be immediately notified of the action of
denial or revocation, which notification shall contain a statement setting forth the
reasons for said denial or revocation as well as a reference to the appeal
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provisions set forth in section 12.12.130. Notification, pursuant to this
subsection, shall be deemed satisfied when the notice is placed, postage prepaid,
in the United States mail, certified mail, return receipt requested, and addressed to
the applicant at the address shown on the permit application.
12.12.070 Permit--Term.
No Special Event Permit issued under this Chapter shall be for a period of more
than two (2) consecutive days except as otherwise provided in this code.
Notwithstanding the foregoing, the City Manager shall, upon timely application
by a permittee, extend the duration of any Special Event Permit for one additional
period of not more than three (3) consecutive days if the City Manager finds that
all criteria set forth in subsection 12.12.040.J are being met and will continue to
be met during the period of term extension.
12.12.080 Indemnification and Insurance.
A. Except as otherwise provided in this section, each permit shall expressly
provide that the permittee agrees to defend, protect, indemnify and hold the City,
Temecula Community Services District, Redevelopment Agency of the City of
Temecula and their officers, employees, volunteers and agents ("Indemnified
Parties") free and harmless from and against any and all claims, damages,
expenses, loss or liability of any kind or nature whatsoever arising out of, or
resulting from, the alleged acts or omissions of permittee, its officers, agents or
employees in connection with the permitted event or activity; and the permit shall
expressly provide that the permittee shall, at permittee's own cost, risk and
expense, defend any and all claims or legal actions that may be commenced or
filed against the Indemnified Parties, and that permittee shall pay any settlement
entered into and shall satisfy any judgment that may be rendered against the City,
its officers, agents or employees as a result of the alleged acts or omissions of
permittee or permittee's officers, agents or employees in connection with the uses,
events or activities under the permit.
B. Except as otherwise provided in this section, concurrent with the issuance
of a permit under this Chapter and as a condition precedent to the effectiveness of
the permit, the permittee shall procure and maintain in full force and effect during
the term of the permit insurance as prescribed in regulations issued by the City
Manager.
C. If the City Manager determines, after consultation with the City's risk
manager and the City attorney, that a particular Special Event does not present a
substantial or significant public liability or property damage exposure for the
Indemnified Parties, the City Manager shall give a written waiver of the insurance
requirements of this section.
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D. With respect to Special Events involving expressive activities, the
insurance and indemnification requirements shall exclude losses to the
Indemnified Parties caused by: (1) a non-permittee's reaction to the permittee's
expressive activities; (2) acts or omissions of the Indemnified Parties; or (3) acts
or omissions outside of the reasonable control of the permittee.
E. The insurance requirements set forth in this section shall not be construed
to apply to Special Events involving expressive activity which enjoy protection
under the United States or California constitutions except that such Special Events
shall be required to either: (1) agree to indemnify, protect, defend and hold
harmless the Indemnified Parties against all claims, damages, expenses, loss or
liability of any kind or nature whatsoever arising out of, or resulting from, the
alleged acts or omissions of permittee, its officers, agents or employees in
connection with the permitted Special Event; or (2) agree to redesign or
reschedule the permitted Special Event to respond to specific risks, hazards, and
dangers to the public health and safety identified by the City Manager as being
reasonably foreseeable consequences of the permitted Special Event; or (3)
provide insurance coverage as required by subsection 12.12.080.B.
E. A claim for exclusion and alternative treatment under subsection
12.12.080.1) shall be filed with and at the same time as an application for a
Special Event Permit, and an agreement or proof of insurance, as applicable, shall
be provided prior to permit issuance. The City Manager may require such proof
and documentation as the City Manager deems reasonably necessary to verify the
constitutionally protected status of the Special Event and the applicability of
subsection 12.12.080.D.
12.12.090 Departmental services charge
A. In addition to the payment of the nonrefundable permit application fee or
daily fee, a permittee shall pay the City for all City departmental services charges
incurred in connection with or due to the permittee's activities under the permit.
Additionally, if City property is destroyed or damaged by reason of permittee's
Special Event, the permittee shall reimburse the City for the actual replacement or
repair cost of the destroyed or damaged property.
B. City departments shall submit the final invoices and billings for
departmental services charges to the City Manager or no later than twenty (20)
business days after the event giving rise to the issuance of a permit.
C. The City Manager shall determine the type of Special Event and calculate
the final departmental services charge based on whether or not the Special Event
is privately funded or is funded in whole or in part by the City in accordance with
the following standards:
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1. Type A is an event which is privately sponsored and funded and
the permittee will pay one hundred percent (100%) of the applicable fees
or departmental services charges;
2. Type B is an event which is cosponsored by the City and the non-
city permittee will pay a negotiated portion of the applicable fees or
departmental services charges;
3. Type C is an event funded by the City and the City will absorb one
hundred percent (100%) of the applicable fees or departmental services
charges incurred by the City.
D. The City Council shall decide whether the City will cosponsor a Special
Event and, if so, the extent to which the City will participate in the funding of the
costs of the event, fees, or department service fees based on the following factors:
(1) advertisement and promotion of the City in a positive light; (2) encouragement
of visitors and customers to the City or to a portion of the City; (3) recreational,
cultural and educational opportunities for persons in the City; and (4) and similar
public purposes.
E. Unless otherwise authorized by the City Manager in writing, at least three
(3) days prior to a Special Event Permitted under this Chapter, the applicant shall
pay to the City a deposit in an amount sufficient to cover the total estimated City
departmental services charges that the City Manager estimates will be incurred in
connection with the permit. Said deposit shall be paid in cash or cashier's check
or other adequate security as determined by the City Manager. If the deposit is
less than the final charges calculated pursuant to section 12.12.090, the permittee
shall pay the difference to the City within ten (10) working days of being invoiced
for such charges from the City. If the deposit is more than such final charges, the
City shall refund the difference to the permittee within the sixty (60) days after
the event.
F. Any indigent natural person who intends to engage in "expressive
activity" as defined in this Chapter who cannot obtain a Special Event Permit
because of an inability arising from such indigence to pay the departmental
services charge may request the City Manager to recommend an alternative
parade, event or activity on a scale and at a time that would result in less costs
assessed in accordance with section 12.12.090. If no suitable alternative exists,
the City Manager shall waive the departmental services charge. Application for
indigent status shall be made at the time of permit application and shall be
accompanied by such relevant information and documentation as may, in the
opinion of the City Manager, be reasonably necessary to verify such status. For
purposes of this subsection 12.12.090.E, "indigent natural Person" includes, but is
not limited to, a person eligible for county relief and support as an indigent person
under section 17000 et seq., of the California Welfare and Institutions Code or as
said code section(s) may be amended from time to time.
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12.12.100 Refunds.
If a permittee is unable to hold or conduct a Special Event due to inclement
weather or some other cause not within the permittee's control, and the permittee
submits a written request for the refund of such fees to the City Manager's office
within ten (10) days after the date that the use, event or activity was to have been
held or conducted, the City Manager may authorize the refund of the fees or a pro
rata portion thereof, except for actual costs incurred by the City at the time of
cancellation and the nonrefundable application fees, which have been paid by the
permittee to the City in connection with a permit issued under this Chapter.
12.12.110 Interfering with activity prohibited.
It is unlawful for any person to obstruct, impede or interfere with any authorized
assembly, person, vehicle or animal participating in a Special Event for which a
Special Event Permit has been issued.
12.12.120 Penalty for violation.
Violation of the provisions of this Chapter may be enforced pursuant to the
enforcement provisions set forth in Title 1 of this code.
12.12.130 Appeals.
A. Except as provided in this Chapter, any person aggrieved by any decision
of the City Manager made pursuant to this Chapter may appeal such decision to
the City council by filing a written notice of such appeal with the City clerk
within ten (10) business days of the decision of the City Manager giving rise to
said appeal. Such appeal shall set forth, with particularity, the facts upon which
the appeal is being made. The City council shall, within sixty (60) days of
receiving such notice of appeal, hold a hearing. At such hearing, the aggrieved
party is entitled to be heard and present evidence on his/her behalf. The City
council shall determine the merits of the appeal, and the City council's
determination to grant or deny the appeal shall be final. When the necessity for a
timely response so requires, the City council may refer to the matter to a hearing
officer.
B. Alternatively to the provisions of subsection 12.12.040.E, any applicant
for a Special Event Permit who is engaging in or intends to engage in "expressive
activity" as defined in this Chapter and who is aggrieved by decision of the City
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Manager made pursuant to this Chapter may, at his/her election, appeal to the City
council in accordance with this section. However, any appeal taken pursuant to
this section may, by necessity, involve the postponement or delay of the activity
for which a permit is sought.
12.12.140 Rules and regulations.
The City Manager is authorized to promulgate additional policies, rules and
regulations that are consistent with and that further the provisions set forth within
this Chapter and the provisions of law that pertain to the conduct and operation of
a Special Event.
12.12.150 Unlawful to use City name without authorization.
It is unlawful for any event organizer to use in the title of the event the words "The City
of Temecula" or "City of Temecula", or facsimile of the seal or logo of the City of
Temecula without City Council's prior written authorization."
Section 2. Section 17.04.020 A. of the Temecula Municipal Code is hereby amended
to read as follows:
"A. Purpose and Intent.
1. The provisions of this Chapter shall govern special events and temporary
uses on private property. Special events on public property shall be governed by
Chapter 12.12, Parades and Special Events on Public Property, of the Temecula
Municipal Code.
2. The temporary use permit allows for short-term activities, typically less
than one year in duration, which may be appropriate when regulated. Some
activities associated with a master temporary use permit for automobile and truck
dealerships may exceed one year in duration."
Section 3. If any portion, provision, section, paragraph, sentence, or word of this
Ordinance is rendered or declared to be invalid by any final court action in a court of competent
jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions,
sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect
and shall be interpreted by the court so as to give effect to such remaining portions of the
Ordinance.
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Section 4. The City Clerk shall certify to the adoption of this
ordinance and cause the same to published as required by law.
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