HomeMy WebLinkAboutCC ORD 1999-2154 Amends Ch. 15.60, temporary use permits; repeals Ch. 6.52 (15.60)ORDINANCE NO 99-2154
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY AMENDING TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE
BY REPEALING CHAPTER 6.52 REGULATING PARADES AND AMENDING
TITLE 15 BY AMENDING CHAPTER 15.60 IN ITS ENTIRETY RELATING TO
TEMPORARY USE PERMITS.
BE IT ORDAINED by the City Council of the City of National City that the
National City Municipal Code is amended as follows:
Section 1. That Title 6 is amended by repealing Chapter 6.52
(Parades) .
Section 2. That Title 15, Chapter 15.60 is amended in its entirety to
read as follows:
Chapter 15.60
TEMPORARY USE PERMITS
Sections:
15.60.005 Description, purpose and definitions
15-60.010 Administration --Enforcement
15.60.015 Temporary use classes
15.60.020 Application and processing
15.60.025 Fees
15.60.030 Conditions
15.60.035 Issuance
15.60.040 Duration
15.60.045 Appeals
15.60.050 Revocation and suspension of permit use or activity
15.60.055 Reinstatement
15.60.060 Cost recovery fees
15.60.065 Insurance, indemnification and surety bonds
15.60.070 Violations
15.60.075 Exemptions
15.60.005 Description, purpose and definitions. A. Certain temporary
uses, structures or activities that benefit the public at large are often found to be
necessary for limited periods of time, but the installation or performance of which, if
Ordinance No. 99 -2154
Page 2 of 10
permitted on a long-term basis, may not be in keeping with the intent and purpose of
the zoning, building, fire, and other applicable codes. Therefore, the City Council
adopts this Chapter 15.60 as a vehicle for regulating those certain temporary activities
that benefit the public at large without the strict application of Municipal Code
regulations regarding noise, streets and traffic, and land use. Accordingly, temporary
use permits shall be authorized pursuant to the procedures in this Chapter 15.60 as an
administrative process to provide for the orderly and effective management and
regulation of those special events, specialized structures or special activities.
B. The issuance of a temporary use permit (sometimes hereafter "permit")
in conformity with the procedures outlined in this Chapter 15.60 constitutes
authorization for the permittee and its agents, officers and employees to depart from the
strict requirements of the Municipal Code, so long as the conditions of the permit are
observed. Except as allowed by permit issued pursuant to this chapter, no person may
otherwise violate or contravene the provisions and requirements of the National City
Municipal Code.
C. Definitions - as used in this chapter:
"Special Event" means any organized activity conducted for a common or
collective purpose, use or benefit which involves the utilization of, or has an impact
upon, public property or facilities and the need for providing municipal and public
safety services in response to the event. The term "special event", when used within
this chapter, also includes a "special use", unless the context requires otherwise.
"Special Use" means the erection of a structure, or a particularized utilization
of or activity on public or private property, which, as proposed, does not or would not
comply with the provisions of building, plumbing, mechanical, or electrical Codes
adopted in Title 15, or the land use restrictions in Title 18.
"Parade" means any march, procession or assembly, the conduct of which
does not or would not comply with normal and usual traffic regulation or controls, and
which does or will consist of any number of persons, animals or vehicles, or any
combination thereof, upon any public street, sidewalk or alley.
"Demonstration" means any gathering or procession of persons which does not
include animals, motorized equipment or vehicles, upon public streets, sidewalks or
public property for the purpose of first amendment expressive activity. The terms
"parade" and "demonstration" within this Chapter 15.60 are mutually exclusive.
"Expressive Activity" means and includes all conduct whose sole or principal
object is the expression, dissemination or communication by verbal, visual, literary or
auditory means of opinions, views or ideas. It is conduct characterized as "speech"
which is protected by the First Amendment to the United States Constitution, and
includes public oratory and the distribution of literature.
"Congested traffic area" includes the following streets: National City
Boulevard from the northern city limits to the southern city limits; Highland Avenue
from Division Street to 30th Street; Eighth Street from Harbor Drive to Paradise Valley
Road; and Plaza Boulevard from National City Boulevard to Palm Avenue.
Ordinance No. 99-2154
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D. Examples of special events include, but are not limited to, public
concerts, parades, demonstrations, circuses, fairs, festivals, community events, mass
participation sports (marathons, bicycle races and tours), block parties, motion picture
filming and the like. Additional lists of special events may be further delineated by
City Council policy adopted by resolution.
15.60.010 Administration —Enforcement. A. The City Manager,
through the Building Official, shall be responsible for the administration and
enforcement of this chapter and shall report violations to the City Attorney.
B. The Building Official shall coordinate the permit application with other
departments or agencies having requirements and conditions related to the use for
which the temporary use permit is sought.
C. The Building Official shall process all applications, maintain records of
temporary use permits issued, and prescribe any additional procedures necessary to
implement and conform to the regulations herein.
D. No special use shall be permitted to operate or be occupied until all
departmental or other agency inspections and requirements are fully completed and
approved.
15.60.015 Temporary use classes. Uses authorized by this chapter are
divided into three separate classes, each having a separate administrative process and
requirements. The classification of an activity into a particular use class shall be set
forth in Council Policy adopted by resolution.
A. Class A Use: Requires City Council approval;
B. Class B Use: Issued and approved by Building Official;
C. Class C Use: Subject only to business license regulations.
15.60.020 Application and Processing. A. Applications for Class A and
B temporary use permits shall be filed with the Building and Safety Department the
following specified minimum number of calendar or working days prior to the activity:
1. Class A use (except for parades and photography/motion picture
permits): fifteen (15) working days;
2. Parades requiring a Class A use permit : ten (10) calendar days;
3. Class B use permit: fifteen (15) working days (except
photography/motion picture permits);
4. Photography/motion picture applications requiring Class A
permits - 10 working days; Class B permits - 2 working days,
B. The Building Official shall initiate action for the review of a fully
completed application for a temporary use permit within eight (8) calendar days of its
receipt. Except for delays necessitated for reviews by other departments or agencies,
which reviews shall be expeditiously taken, the Building official shall issue or deny a
Class B permit no later than ten (10) calendar days following, based upon substantial
Ordinance No. 99-2154
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compliance with the conditions and standards established by Section 15.60.030 D and
E. Unless mutually agreed otherwise, the failure of the Building Official to issue the
permit within the timelines specified shall constitute denial of a Class B permit. The
Building Officer shall expeditiously process and shall forward any fully completed
application for a Class A permit, together with all staff recommendations, to the City
Council for its action at the next regularly scheduled City Council meeting following
submittal in sufficient time prior to the event.
C. Any specific period of time shall be extended by any delay of the
applicant in providing required information necessary for processing the permit
application.
D. Permit —Issuance —Hearing Request. The City Council shall review an
application for a Class A temporary use permit at its next regularly scheduled session
(normally once a week) following the completion of reviews by all affected City
departments, and, unless deferred to a later date at the applicant's request, may approve,
approve with modifications or disapprove issuance of the permit, based upon substantial
compliance with the conditions and standards established by Section 15.60.030 D and E.
The decision of the City Council shall be final as to all issues involved.
15.60.025 Fees. A. The applicant shall submit the following processing
and use fees with the completed application:
1. Class A and Class B uses: as established in the National City Fee
Schedule;
2. Class C use: subject only to the business tax license fee
administered at the Finance Department.
B. All fees paid to the City for processing permits are nonrefundable.
C. Waiver of fees for a Class A or B use may be requested at the time the
application is submitted. The City Council retains the sole authority to waive fees
when it finds that a waiver qualifies under the City Council policy for waiver of fees.
15.60.030 Conditions. A. Submittals of site development standards, site
plan reviews, environmental impact reviews and public works improvements, any of
which are otherwise required for building permits, are not required to be submitted
under this chapter as a condition to the issuance of a temporary use permit. The
procedures established in this Chapter 15.60 constitute an exemption from those
requirements.
B. The Building Official may require evidence that all other related or
applicable permits and approvals, such as fire prevention, health and sanitation,
building, police, animal regulation, and business licensing, have been obtained as a
condition for issuance of any temporary use permit.
C. The Building Official may require submittal of an engineering design for
any temporary buildings, and professional certifications regarding the structure and the
mechanical, electrical, and other equipment and devices associated with the use which
Ordinance No. 9 9 -215 4
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demonstrate substantial conformance with applicable codes, as a condition of the
application process.
D. The applicant is responsible for obtaining approval to sell or serve
alcohol beverages from the California Alcohol Beverage Control (ABC) Department,
1350 Front Street, Room 5056, San Diego, California, (619) 237-7241. The City
reserves the right to disapprove the sale or service of alcoholic beverages,
notwithstanding approval by the ABC, as a condition to the issuance of the temporary
use permit.
E. The City Council or the Building Official, as applicable, may attach
appropriate conditions and limitations to the issuance of a temporary use permit that are
necessary to protect public health, safety and welfare. Such conditions may include but
not be limited to:
1. Hours of use
2. Noise mitigation and placement of, or restrictions upon, amplified
sound
3. Security
4. Trash collection and disposal
5. Occupancy loading of structures
6. Lighting
7. Sanitary facilities and sanitation
8. Traffic control
9. Dust control
10. Insurance
11. Notification to surrounding residents
12. Other related concerns
13. If a parade, the following:
a. Starting time
b. The minimum speed
c. The maximum speed
d. The maximum interval of space to be maintained between the
units of the parade
e. The portions of the street to be traversed that may be occupied
by the parade
f. The maximum length of the parade in miles or fractions
thereof.
F. The failure to address or comply with any requirements and conditions as
specified in Section 15.60.030 E above, or the reasonable and probable potential for or
occurrence of the conditions listed below, shall be grounds for denial of the application or
the revocation of an issued permit and related enforcement under this chapter:
Ordinance No. 99 -2154
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1. Demonstrated inability or unwillingness by the applicant to
comply with the conditions of an issued permit or any previously issued permit for a
similar event, either in this jurisdiction or elsewhere;
2. Inadequate security personnel or measures;
3. Inadequate first -aid, safety, health or sanitation measures;
4. Inadequate off -site parking or alternate transportation to minimize
adverse effects on traffic circulation and parking in the vicinity of the event;
5. Clear and present likelihood or imminent possibility of an
occurrence of violent disorderly conduct likely to endanger public health or safety or
result in significant property damage;
6. Unreasonable interference with another previously permitted
event;
7. Excessive diversion of police personnel which will or does
interfere with the provision of normal services to the remainder of the city;
8. If for a parade to be conducted within the congested traffic area
that any of the following will occur:
a. The parade will interrupt the safe and orderly movement of
other traffic along and across its route:
b. The conduct of the parade will require the diversion of so
great a number of police officers of the City to properly police the line of movement
and the areas contiguous thereto as to prevent or interfere with the provision of normal
police services to the remainder of the City;
c. The conduct of the parade will require the diversion of so
great a number of ambulances as to prevent normal ambulance service to portions of
the city other than that to be occupied by the proposed line of march and areas
contiguous thereto;
d. The concentration of persons, animals and vehicles at
assembly points of the parade will unduly interfere with proper fire and police
protection of, or ambulance service to, areas contiguous to such assembly areas;
e. The conduct of the parade will unduly interfere with the
movement of firefighting equipment enroute to a fire;
f. The conduct of the parade is reasonably likely to cause injury
to persons or property; or,
g. The parade will not disband from its point of termination
expeditiously.
G. No permit shall be issued nor application be approved which implies that
the City of National City is a sponsor or co-sponsor of the event unless expressly
authorized by the City Council or City Manager, as applicable.
15.60.035 Issuance. A. No temporary use permit is valid until endorsed
by the Building Official. Permits requiring City Council review and approval shall not
be endorsed by the Building Official until the City Council approval is completed.
Ordinance No. 99 -2154
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B. If an appeal on a permit denial or a condition of issuance is taken to the
City Council, no endorsement shall be made on the permit by the Building Official until the
day following approval action by the City Council.
C. Permit granted —officials notified. Immediately upon the granting of a
permit by the City Council, the building official shall send a copy thereof to the
following as applicable:
1. Chief of Police
2. Fire Chief
3. City Engineer
4. Director of Public Works
5. General Manager or responsible head of each public
transportation utility whose regular vehicle routes are affected by the route of any
proposed parade or other special event.
15.60.040 Duration. A. Temporary use permits shall be valid only for
the maximum durations specified as follows:
Class A Uses: Ten days or as limited by the city council;
Class B Uses: Times specified on schedule;
Class C Uses: Times specified on business license.
B. The City Council has the authority to limit or extend the duration of any
Class A, B or C use or activity at the request of the applicant.
C. Temporary use permits which are not exercised within the duration
specified or are withdrawn by the applicant shall automatically become void.
15.60.045 Appeals. A. An applicant may appeal the action of denial or
the imposition of conditions by the Building Official or any City department by filing a
written letter of appeal to the City Council with the City Clerk within ten (10) calendar
days of the date of the Building Official's action stating the reasons therefor. The City
Clerk shall docket the appeal upon the agenda of the next regularly scheduled Council
meeting (normally once a week) .
B. Upon the filing of an appeal, action on the permit shall be withheld until
the City Council hearing and decision is rendered. The City Council shall have the
final authority to approve, conditionally approve or deny the temporary use application.
C. The City Council , on its own motion, may move to modify or rescind a
previously granted approval of any temporary use application, and, except for
emergency situations, the applicant shall first have the opportunity to show cause to
the City Council before the approval may be rescinded or modified. In an emergency
situation, the City Council may suspend or rescind a previously approved permit
without prior notification.
Ordinance No. 99 -2154
Page 8 of 10
15.60.050 Revocation and suspension of permit use or activity. A. The
building official, upon finding that the conditions specified in Section 15.60.030 exist,
that the conditions of any issued permit are being violated, or that extra events or
activities beyond those authorized in the permit are being planned or are occurring,
may revoke the permit and order the immediate suspension of the activity. Upon the
issuance of the order of revocation, all activity shall cease. Any continuation of the
activity thereafter is unlawful.
B. Upon finding imminent and hazardous threats to public safety, health or
welfare caused by any activity covered by the permit, the building official, with police
assistance, shall take reasonable steps to physically prevent public access to the site of
any use or activity and eliminate the hazards.
15.60.055 Reinstatement not authorized following revocation. A. A
revoked permit shall not be reinstated. Unless appealed, a new temporary use permit
application for the same activity must be made and may not be approved until the
causes leading to the prior revocation have been corrected
B. Appeals from permit revocations may be made in accordance with
Section 15.60.045. The filing of an appeal from a revocation or suspension of an
activity covered under the temporary use permit does not permit the activity to continue
pending the hearing and decision by the City Council. All activity must cease until
such time as the appeal is decided in the appellant's favor.
15.60.060. Cost recovery fees. A. Pursuant to council policy adopted by
resolution, applicants for temporary use permits may be charged cost recovery fees
established in the National City Fee Schedule to recapture the City's actual costs for
furnishing public services, personnel or equipment for a special event, including
salaries and overhead. Fees for police services shall not be charged solely for the
protection of the participants or bystanders in parades or demonstrations or other
special events determined to be expressive activity, but cost recovery fees may be
charged for providing traffic control and other related safety equipment and services for
special event activity on the public streets.
B. Revenue Sharing - The City reserves the right to require promoters of
special events conducted on public property or streets and for which an admission fee is
charged to pay a designated percentage of the gross receipts to the City as a condition
of the issuance of the permit. Separate regulations shall be as prescribed by Council
Policy, or as negotiated by the City Manager with Council approval.
15.60.065 Insurance) Indemnification and Surety Bonds. To minimize the
risk of loss to the City of National City or impacted residents as a result of the conduct
of an event pursuant to this chapter, the Risk Manager may require an applicant to
execute an indemnification agreement in a form approved by the City Attorney, and to
provide proof of insurance and a surety bond or deposit in the amount and form approved
Ordinance No. 99-2154
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by the Risk Manager. Any requirement to provide insurance specified under this chapter
does not constitute the discharge of a duty owed by the City, and inures only to the
benefit of the City and not to or for the benefit of any private individual or group. The
following standards shall apply to the requirement to provide insurance under this chapter:
A. Vehicle Insurance. Vehicle insurance meeting the minimum standards
specified in the Vehicle Code shall be provided whenever an event involves the use of
vehicles on public streets or public property.
B. Comprehensive General Liability Insurance. Proof of comprehensive
general liability insurance in the minimum amount of one million dollars ($1, 000, 000)
combined single limits, together with any special endorsements required by the nature
of the event or equipment --such as workers compensation for employees or products
liability endorsements for food or beverage sales-- shall be provided, except as follows:
1. Expressive activity protected under the first amendment which
does not involve animals, structural construction, pyrotechnics or mechanical
equipment (other than sound equipment), and for which no fee is charged or donation
exacted as a condition of admittance or participation, is exempted.
2. For all other events, upon a determination by the Risk Manager
that a greater or lesser amount of insurance for personal injury or property damage is
necessary or permissible, according to generally accepted, objective risk management
principles applicable to the nature of the event or the equipment to be employed.
C. Indemnification Agreement. The Risk Manager shall require an
applicant exempted from the insurance requirements of Section 15.60.065B to execute
an indemnification and hold harmless agreement with the City, and may require other
applicants to do the same when appropriate to the nature of the event.
D. Security for Damages or Surety Bonds. The City Council or the
Building Official may require a security deposit to be posted, either in cash, negotiable
instrument or surety bond issued by a licensed surety, to cover actual or reasonably
anticipated damage to public property in an amount not to exceed twenty five thousand
dollars ($25, 000) .
15.60.070 Violations. A. Violations of any of the provisions of this
chapter are punishable as misdemeanors and carry the penalties prescribed in Chapter
1.20 of the National City Municipal Code.
B. Except as provided in this chapter 15.60 it is unlawful and a misdemeanor:
1) to conduct a special event without a temporary use permit; 2) to interfere with or
join a special event for which a temporary use permit has been issued without the
authorization of the permittee; or, 3) to continue to participate in or conduct a special
event after the temporary use permit has been revoked or suspended.
Ordinance No. 99-2154
Page 10 of 10
15.60.075 Exemptions. Demonstrations do not require a permit, but it shall be the
obligation of the organizer to notify the Chief of Police at least 24 hours in advance of
any scheduled demonstration. Demonstrations are required to observe all laws
regulating public health and safety, the failure of which may subject the assemblage to
be declared an unlawful assembly and the participants to be subject to dispersal and
arrest as provided by law.
PASSED and ADOPTED this 2nd day of February 1999.
)4-e--61-r- (-4)a-st:45--
George H. Waters, Mayor
ATTEST:
Michael R. Dalla,'City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on February 2, 1999,
by the following vote, to -wit:
Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Soto, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
Ci Clerk of the Ci ►,! of National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar
days had elapsed between the day of its introduction and the day of its final passage, to wit, on
December 15, 1998, and on February 2, 1999.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that
the reading of said ordinance in full was dispensed with by a vote of not less than a majority of
the members elected to the Council and that there was available for the consideration of each
member of the Council and the public prior to the day of its passage a written or printed copy of
said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 99-2154 of the City Council of the City of National City, passed and adopted
by the Council of said City on February 2, 1999.
City Clerk of the City of National City, California
By:
Deputy