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HomeMy WebLinkAbout04 - Special Event Permit Process RevisionsCITY OF NEWPORT BEACH COUNCIL AGENDA CITY COUNCIL STAFF REPORT - - - -- `a" t3 -oy City Council Agenda Item No. 30 March 23, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Recreation &Senior Services Department Marie Knight, Director - 644 -3157 mknight@city.newport-beach.ca.us SUBJECT: SPECIAL EVENT PERMIT PROCESS REVISIONS ISSUE Does the City Council wish to delete Newport Beach Municipal Code (NBMC) Chapter 5.10 Special Events and create NBMC Chapter 11.03 Special Events; and amend NBMC Chapter 3.36 Exhibit A Cost Recovery for User Services? RECOMMENDATION A. Introduce Ordinance No. 2004- _, An Ordinance of the City Council of the City of Newport Beach, California, Adding Chapter 11.03 Of Title 11, and Deleting Chapter 5.10 from the Newport Beach Municipal Code Pertaining to Special Events; and Amending Exhibit A to Section 3.36.030 of Chapter 3.36, Cost Recovery For User • Services. b. Pass to second reading on April 13, 2004. DISCUSSION Background The City MC Chapter 5.10 requires anyone having a Special Event meeting designated criteria to have a Special Event Permit. The current Special Event Permit Process is comprised of three different levels depending on the size and complexity of the event: (1) which could include small events that do not impact City services, such as parties at the Dunes, extended hours at Dolce Restaurant, etc.; (2) which include Boat Shows, Newport to Ensenada Race; (3) which includes events such as Taste of Newport, Race for the Cure and the Toshiba Classic Golf Tournament. The determination of the permit level has generally been made at the staff level. Once an application for a permit is made, it is then reviewed by all relevant departments according to Council Policy B -7 — Special Event Permit Processing before the permit is issued. Attachment A outlines the current review and approval process for a Special Event Permit. The Recreation & Senior Services Department began overseeing the Special Event Permit process in 1995; prior to that time the process was handled by the Revenue Division. Since then, staff has seen a steady increase in the number of permit applications as well as problems related to enforcement and noise issues, inter - departmental coordination, • applicant compliance and cost recovery. A committee was formed in 2001 to address potential changes in the process in an effort to streamline the system, address problem areas, and create a more coordinated effort between the various City Departments who review, approve and monitor the permits. Special Event Permit Process Revisions Page 2 COMMITTEE PROCESS • The committee included staff from Planning, Building, Code Enforcement, Public Works, Fire, Lifeguards, Police and Recreation. One of the first things the committee identified were the "average" hours spent on each permit level in order to estimate the actual staff costs involved with the processing and monitoring of each permit. Staff also added for consideration other potential permits that may be required as part of an overall Special Event application, such as road closure permits, fire inspection permits etc. Results of the committee's work were presented to the City Manager on two occasions and revised according to his direction. The attached documents reflect the changes that were discussed at those meetings. The City Attorney's Office and an outside consultant were used to write the proposed Municipal Code revisions. The committee spent two years gathering information, researching other surrounding cities' policies, and reviewing the current process and has accomplished the following tasks: • Review of current MC Chapter 5.10 Special Events and incorporation of extensive revisions of proposed new Chapter 11.3 • Review of current fee structure, evaluation of direct costs and proposed revisions • Permits were reduced to three levels from a previous four. Attachment B outlines these changes, as well as lists the additional services /permits for which an applicant may be required to pay. • Recreation Services staff worked with MIS staff to create an e-mail routing system for inter - departmental review of permits to reduce paper use and expedite the • process for applicants. • Applicant Education - A detailed list of explanations was compiled to distribute with applications for education of the applicant groups. Although there is no easy way to include all necessary permits in each Special Event Permit, staff compiled a list that was added to the application to inform the applicant of the other potential permits required, or possibly required, for the event. These lists should be reviewed annually and changes made as needed. • Enforcement of noise related problems regarding special events have increased, and there is a concerted effort to educate the public about Special Event Permits and the numerous regulations to ensure compliance. The proposed fee structure includes a cost component that requires large events to pay for code enforcement staff to monitor sound over the course of the event and provide more education regarding the applicant's responsibilities for controlling sound. COMMITTEE RECOMMENDATIONS The Special Events Committee is making the following recommendations: • Proposed repeal of current MC 5.10 Special Events and creation of MC Chapter 11.03 Special Events under Title 11. • Proposed revision of MC 3.36 Cost Recovery for User Services for Council approval to set the cost recovery for Special Event Permits at 50% for resident applicants and 100% for non - resident applicants • Amend the Master Fee Resolution to reflect the proper fees at the new percentage • rates. Special Event Permit Process Revisions Page 3 • Repeal of MC Chapter 5.10 and creation of MC Chapter 11.3 Upon review of the current MC 5.10 which governs the issuance and monitoring of Special Event Permits, the committee felt that major changes were needed in the Code in order to address the numerous enforcement issues that had been identified by the various departments, as well as to accomplish the goal of streamlining the process to provide greater efficiency for both staff and the applicant. Attachment C is the current MC 5.10. Attachment D is the proposed revised MC 11.3. The proposed revisions to the current code were so extensive that staff recommends that Chapter 5.10 be repealed and Chapter 11.3 established in its place. The major changes in the revised code are outlined below: • General Provisions: Greater detail, descriptions and definitions have been included as to the types of events and activities that would require a permit, as well as terminology utilized in the process. • Types of Special Permits: This section is new and will establish two types of permits: 1. A Special Event Permit for individual one time events 2. A Bundled Events Permit that would cover multiple events that are similar in nature at one location in one calendar year. In the committee's review of the current process they looked at the many events held at a few locations, such as the Dunes or Hyatt, that are similar in nature (wedding reception, anniversary party, birthday party) and occur many times in a year. For example, last year there were over one hundred Level 1 events held at the Dunes. Under the current system • each is applied for separately, creating a great deal of work for both City and the Dunes staff. By issuing a Bundled Events Permit, the Dunes would be able to pay a one -time fee for up to 20 events at a time as long as they are similar in nature. They would still be required to provide the basic information for each event to staff; however this could be done by e -mail. When the Dunes has used their 20 events they would then apply for their next 20. The fee for the Bundled Events Permit would be much less than if they applied individually as staff costs would be reduced by this process. We anticipate 4 -5 venues in the City utilizing this process to include the Hyatt, the Orange County Museum of Art and the Nautical Museum. Staff would meet with each venue separately to establish the types of events that could be considered under a Bundled Events Permit. • Standards and Requirements: This new area outlines duration of events, hours, and locations. • Permit Review Procedures: This section has the majority of the changes and we have outlined the detailed submittal process, as well as what is required upon submission in order to assist with the constant problem of last minute or incomplete submissions. The committee has also expanded upon the review process outlining both the steps for review as well as the conditions that may result in the denial of a permit. These conditions had not been identified giving staff very little basis for denial even though there are legitimate concerns about an event. This section also details the appeals process the applicant could choose to follow if their permit is denied. • Cleanup Deposits and Damage Reimbursement: This new section will allow the City to recoup costs associated with an applicant's failure to properly clean up after an event or if damage occurs to City property as a result of their event. Special Event Permit Process Revisions Page 4 New Cost Recovery Plan The current cost recovery for Special Events as outlined in MC Section 3.36 is 36 %. After the committee's review of the actual time spent involved in the processing and monitoring of Special Event Permits, as well as the increase of permits in the past few years, it is recommended that the cost recovery be increased to 50% for resident permits and 100% for non - resident permits. A portion of this increase will be used to fund the current Park Patrol staff who play a large role in the monitoring of the events. In addition, the committee recommends the establishment of Late Fees for rush applications. Too often staff is asked to process an application at the last minute, which is a great impact on all Departments which need to review the application. This often necessitates staff literally walking the application around and gathering all necessary information in order to process the application on time. The following chart outlines the committee's recommendations for fee increases and additions. n U • *Deposits will be required for Level 2 and 3 permits to cover some of the costs of "billed" City services specifically in cases where food or water stations are used that cause substantial amounts of litter or trash to be generated. This is a new requirement that will insure that the City will have some of the money up front for the event costs. • Level Level Level Current Proposed Current Proposed Current Proposed Resident 125 175 275 350 700 1,000 Non - Resident 150 350 300 750 750 1,900 Resident Late Fee 200 233 350 563 450 1,750 Non - Resident Late Fee 250 465 400 1,125 500 3,500 Bundled Events $2,000 Permit Fee per every 20 events Farmers Market Fee All new Farmers Markets $1,000 established after adoption of the Ordinance. Annually Proposed Deposit* 0 0 0 500 0 1,000 Estimated actual 340 770 1,880 staff costs to process each level permit as of January 2004 n U • *Deposits will be required for Level 2 and 3 permits to cover some of the costs of "billed" City services specifically in cases where food or water stations are used that cause substantial amounts of litter or trash to be generated. This is a new requirement that will insure that the City will have some of the money up front for the event costs. • • is • Special Event Permit Process Revisions Page 5 SUMMARY Staff is recommending the repeal of MC Section 5.10 and the adoption of the new Chapter 11.03 that will provide greater detail with respect to the Special Event Permit process, a more streamlined system for applicants and allow increased ease in enforcement of permits issued. In addition, staff recommends an amendment to MC 3.36 Exhibit A increasing the cost recovery percentage related to this process. Finally, staff recommends a revision to the Master Fee Schedule to reflect the new fees to be established by the changes to MC 3.36. Revisions to the Master Fee Schedule will come to the Council for approval in a separate action prior to the effective dates of the new ordinance. MarietKnight, Dire'cto� Recreation and Seni r Services Department Exhibit: A. Special Event Permit Process B. Revision of Special Event Permit Categories C. NBMC Chapter 5.10 D. Ordinance 2004 — An Ordinance of the City Council of Newport Beach, California, Adding Chapter 11.03 of Title 11 and Deleting Chapter 5.10 from the Newport Beach Municipal Code Pertaining To Special Events and Amending Exhibit A to Section 3.36.030 of Chapter 3.36 Cost Recovery for User Services. Attachment A Special Event Permit Process 1. Applicant calls for information and get application. 2. Recreation Division receives completed application and payment. 3. Date of event is entered into Special Events Calendar on Outlook 4. Application is entered into the system and e -mail is routed to appropriate departments for review. 5. Each Department/reviewer conducts their investigation, review and sends response within two weeks (or communicates with Recreation Staff that more time is needed) a. Departments call applicant directly for more information or documentation as needed. (let Recreation Division know of extra requests) b. When application is a 'rush ", return is expected in appropriate time to collate and review. Remember the permit still has to be reviewed, processed and a finished copy sent to the applicant before the event. 6. All responses from Departments are included in the permit conditions. Department should be specific as to the wording of the conditions. 7. Final permit is signed and sent to applicant and copies to Departments as deemed necessary (usually Fire, Police, Code and Water Quality Enforcement and General Services). Factors That Can Cause a Delay in Approval 1. Incomplete information from the applicant (i.e. no plot plan; conflicting information) 2. Payment not attached to the application 3. Departments not returning response to Recreation Division in a timely manner. • • Attachment B 6 Revision of Special Events Permit Categories • 0 Permit Level Description — permit is categorized on the highest level describing any one characteristic of the event. Level 1 • Less than 1,000 people • Uses no city services • No road or lane closures • One day event only Late fees apply when application is made less than 20 calendar days before event Permit must be applied for with a minimum of 3 full business days prior to event Level 2 • Up to 4 consecutive days including set -up and break down • Limited City services required as determined by Recreation Services • 1,000 -5,000 attendees over the course of the event • Monitor by complaint only • Event occurs on public right -of -way except parks under reservation Late fees apply when application is made less than 60 calendar days before event. Permit must be applied for with a minimum of 14 full business days prior to event Level 3 • More than 4 consecutive days in length including set up and break down • More than 5,000 in attendance over the course of the event • Traffic Plans required • Road Closures/Traffic Control required • City Services required • Code enforcement required to monitor sound • Application preferred 6 months in advance • Pre -event meeting required Late fees apply when application is made less than 120 calendar days before event. All permits in this category must be applied for with a minimum of 60 full business days prior to event A permit will be categorized in the highest level that includes one or more identifying criteria. (i.e. if event has less than 1,000 attendees, but requires limited city services it is a level 2 permit) Final decision on category can be appealed to the City Manager. Deposit/Bond will be used to pay for city services used for the event or subsequent clean up of the event. Remaining portion will be returned to the event organizer within 30 days of the event. If Special Event requires use of a City facility or additional city permits, the event organizer is expected to pay the appropriate fees and charges as they apply to that j permit/facility/area. i City Staff Charges Additional hourly charges may be imposed as part of the permit conditions for the following City services • Code & Water Quality Enforcement Officer • Code & Water Quality Enforcement Supervisor • Traffic Officer • Police Explorers • Fire Inspector • General Services Crew Chief • General Services Staff • Building Inspector • Paramedic Services • Lifeguard Services • Risk Management Services • Additional Pre or Post Event Meeting • Lifeguard Supervisor • Recreation Services Staff • Field Preparation Other Possible Permit Requirements Department Permit Fire Fireworks Propane Tent Building Generator Temporary Electrical Stage or Scaffolding Recreation Services Park or Facility Usage Revenue Business License Film Permit Planning Department Banners /signs Public Works Encroachment (Banner) Street Closure Police Department Parking Meter Use Parade Permits Fireworks Permits Caltrans Banner /Encroachment Orange County Health Dept Food Service /Preparation Orange County Transportation Authority Permit for Road Closures that impede public transportation routes Orange County Harbor Dept Notification for activity in the Harbor Alcoholic Beverage Control Daily Liquor License C I� Attachment C Chapter 5.10 SPECIAL EVENTS Section 5.10.010 Definitions. Section 5.10.020 Permit Required. Section 5.10.025 Use of Public Beaches. Section 5.10.027 Display of Fireworks. Section 5.10.030 Application for Permit. Section 5.10.040 Investigation and Issuance of Permit. Section 5.10.060 Revocation of Permit. Section 5.10.070 Appeals from Action of the City Manager. Section 5.10.080 Permits and Fees Not Exclusive. Section 5.10.010 Definitions. Operate. The term "operate" as used in this chapter shall mean and include manage, conduct or carry on. Special Event. The term "special event" as used in this chapter shall mean any show, entertainment, circus, carnival, dance, exhibition, lecture, concert, sporting event, auction or other similar activity which is open to the public and which does not require a license or permit under any other chapter of this Code. This chapter shall not be applicable to student activities sponsored by the Newport -Mesa School Districts on school district property or to special events sponsored by homeowners' associations. (Ord. 1309 § 1 (part), 1969) Section 5.10.020 Permit Required. No person shall operate, or assist in operating, any special event within the City of Newport Beach without first obtaining a special event permit as hereinafter required. (Ord. 1309 5 1 (part), 1969) Section 5.10.020 Permit Required. No person shall operate, or assist in operating, any special event within the City of Newport Beach without first obtaining a special event permit as hereinafter required. (Ord. 1309 5 1 (part), 1969) Section 5.10.027 Display of Fireworks. The City Manager may approve special event permits for the display of fireworks. (Ord. 96 -4 9 2, 1996: Ord. 1860 9 1, 1980 Section 5.10.030 Application for Permit. Application for a special event permit shall be filed at least fourteen (14) days prior to the date of the proposed event with the City Manager, on forms supplied by the City, together with an application processing charge as established by resolution of the City Council. The City Manager may, in his discretion, waive the requirement that applications be filed fourteen (14) days prior to the date on which the activity is to be conducted. (Ord. 1738 § 1, 1977: Ord. 1673 § 1, 1976: Ord. 1632 § 1, 1975: Ord. 1620 § 1, 1975: Ord. 1568 § 1, 1974: Ord. 1309 § 1 (part), 1969) Section 5.10.040 Investigation and Issuance of Permit. Upon receiving application for a special event permit, the City Manager shall cause an investigation to be made of the applicant, the other participants in the event, if any, the suitability of the place where the event is to be presented, and the type of event proposed. The City Manager may in his discretion require that the applicant and his employees be fingerprinted. If the City Manager determines that the event proposed is not unlawful, that the place where the event is to be presented is suitable for the type of event proposed, and that the applicant has made adequate arrangements for off - street parking and traffic control to accommodate the patrons that are anticipated to attend the event, he shall issue a nontransferable permit for such event. If the City Manager determines that the application does not satisfy the foregoing requirements, he shall deny the application. If the application is denied, the applicant shall be so advised by certified mail, directed to the address shown on the application, or by personal service. Service shall be deemed complete upon deposit of the letter in the United States mail. (Ord. 1309 § 1 (part), 1969) Section 5.10.060 Revocation of Permit. The City Manager may revoke any permit issued under the provisions of this chapter on any of the following grounds. A. The permittee has ceased to meet any of the requirements for issuance of a permit. B. The special event has been operated in an illegal or disorderly manner, or in violation of any applicable Federal, State or municipal law or regulation. C. The conduct of such special event unduly interferes with traffic or pedestrian movement, or interferes with the public peace or rights of nearby residents, or with the enjoyment of their property. (Ord. 1309 9 1 (part), 1969) Section 5.10.070 Appeals from Action of the City Manager. If an applicant or permittee is aggrieved by action or failure to act upon the part of the City Manager in issuing, failing to issue, suspending or revoking any permit under this chapter, such applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action or failure to act on the part of the City Manager, and shall be accompanied by a fee as established by resolution of the City Council. The City Clerk shall notify the applicant in writing of the time and place set for hearing his appeal. The City Council at its next regular meeting, held not less than five days from the date on which such appeal shall have been filed with the City Clerk, shall hear the applicant and all relevant evidence, and shall determine the merits of the appeal. The City Council may sustain, overrule or modify the action of the City Manager, and decision of the City Council shall be final. The right to appeal to the City Council from the denial, suspension or revocation of any permit required by this chapter shall terminate upon the expiration of fifteen (15) days following the deposit of a letter in the United States mail advising the applicant of the action of the City Manager and of his right to appeal such action to the City Council. (Ord. 97 -16 § 1, 1997: Ord. 1309 § 1 (part), 1969) Section 5.10.080 Permits and Fees Not Exclusive. Charges, fees and permits required by this chapter shall be in addition to any license, permit or fee required under any other chapter of this Code. (Ord. 1309 § 1 (part), 1969) • Attachment D ORDINANCE NO. 2004- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER 11.03 OF TITLE 11 AND DELETING CHAPTER 5.10 FROM THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO SPECIAL EVENTS; AND AMENDING EXHIBIT A TO SECTION 3.36.030 OF CHAPTER 3.36, COST RECOVERY FOR USER SERVICES. The City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows: SECTION 1: Chapter 11.03 is hereby added to Title 11 of the Newport Beach Municipal Code read as follows: CHAPTER 11.03 SPECIAL EVENTS Sections: 11.03.010 Purpose and Intent 11.03.020 General Provisions 11.03.030 Definitions 11.03.040 Types of Special Event Permits 11.03.050 Standards and Requirements 11.03.060 Pen-nit Review Procedures 11.03.070 Cleanup and Damage Reimbursement Deposits for certain Special Events 11.03.080 Indemnification Agreement 11.03.090 Revocation of Pen-nit 11.03.100 Appeals from Action of the City Manager 11.03.110 Permits and Fees Not Exclusive 11.03.010 Purpose and Intent A. To provide regulations allowing for special events while mitigating impacts on residents, visitors and businesses, maintaining traffic circulation, and ensuring public safety. 11.03.020 General Provisions A. Permit Required. No person shall conduct, operate, maintain, or organize any special event regulated by this Chapter and no person shall allow the use of their premises for such a special event, without first obtaining a special event permit in accordance with this Chapter and paying the required fee. • 12. Other events with potential attendance of 150 or more persons, as determined by the Director, which are not exempted per Paragraph C of this Section. 13. Car washes whereby the public is encouraged /invited to attend C. Exempt Activities. The following activities are exempt from the provisions of this Chapter: 1. Going Out of Business Sales regulated by Chapter 5.16. 2. Normal promotional /sale activities conducted within the approved display area of a business establishment as provided for in Title 20. 3. Commercial filming regulated by Chapter 5.46. 4. Parades regulated by Chapter 13.16. • 5. Live entertainment at an established place of business, such as a restaurant or tavern, regulated by Title 20 and Chapter 10.26. 6. Temporary land uses regulated by Section 20.60.015, of Chapter 20.60 B. Applicability. These regulations shall apply to the following special events: 1. Outdoor concerts and other entertainment, public or semi - public, dance, recreation, or sporting events. 2. Circuses, carnivals, fairs and festivals. 3. Farmers' markets and swap meets. 4. Walks, runs, athletic events, bicycle and vehicle races not exempted under Paragraph C of this Section. 5. Organized /Sponsored Vehicle and boat shows. 6. Sales events outside the normal sales area of a business, such as sidewalk and parking lot sales and other special promotions. 7. Auto dealer sales events involving promotional attractions such as barbecues, tents, canopies, special signage, and similar facilities. 8. Fireworks displays. 9. Outdoor weddings and picnics with attendance of 150 or more persons, within guidelines established by City Council Policy B -16. 10. Assemblies, conferences or meetings in a designated reserved area outdoors, with attendance of 150 or more persons. 11. Street fair, craft show on a residential or commercial right -of -way which is likely to obstruct or delay or interfere with normal flow of pedestrian or vehicular traffic. 12. Other events with potential attendance of 150 or more persons, as determined by the Director, which are not exempted per Paragraph C of this Section. 13. Car washes whereby the public is encouraged /invited to attend C. Exempt Activities. The following activities are exempt from the provisions of this Chapter: 1. Going Out of Business Sales regulated by Chapter 5.16. 2. Normal promotional /sale activities conducted within the approved display area of a business establishment as provided for in Title 20. 3. Commercial filming regulated by Chapter 5.46. 4. Parades regulated by Chapter 13.16. • 5. Live entertainment at an established place of business, such as a restaurant or tavern, regulated by Title 20 and Chapter 10.26. 6. Temporary land uses regulated by Section 20.60.015, of Chapter 20.60 7. Yard, garage, or other personal property sales in residential districts regulated by Section 20.60.120, of Chapter 20.60. 8. Activities or events held or conducted by or on behalf of the City of Newport Beach, a public school, or the State of California conducted on property owned or leased by such entity or its sponsor. 9. Events conducted by homeowners' associations on common area property within the association's boundaries. 10. Any other special event specifically exempted in this Code from the provisions of this Chapter. 11.03.030 Definitions For the purposes of this Chapter, certain terms shall have the meanings set out below: A. Applicant shall mean any person who seeks a permit under this Chapter to operate a special event. For special events on private property the property owner shall be the Applicant. For special events on public property the Operator shall be the Applicant. An Applicant who has received an approved permit under the provisions of this Chapter, shall also be considered a Permit Holder. B. Attendance shall mean the number of attendees anticipated to attend or who participate in a special event, whichever number is greater. C. Attendee shall mean any person anticipated to attend or participate or who actually • does participate in a special event. D. City shall mean the City of Newport Beach. E. City Council or Council shall mean the City Council of the City of Newport Beach. F. City Manager shall mean the City Manager of the City of Newport Beach. G. City Property shall mean all real property and improvements owned, operated or controlled by .City within the City's jurisdiction. City Property includes, but is not limited to City Hall, Police and Fire facilities, recreational facilities, parks, beaches, libraries, streets and sidewalks, streetlights and traffic lights. H. Director shall mean the Recreation and Senior Services Director. I. Level 1, 2, or 3 Permits shall mean a classification level of permit as determined by Director, Department Director or Reviewing Director based on factors such as the nature, size, location, and duration of an event. J. Operate shall mean to manage, stage, promote, sponsor or carry on a special event. K. Operator shall mean the person who manages, stages, promotes, sponsors or carries on a special event. • L. Outdoor(s) shall mean any place other than in a permanent building. Outdoor(s) shall include tents, canopies and temporary structures. M Person shall include an individual, corporation, partnership, trust ,non -profit • organization, association, group or other business entity or organization. N Reviewing Authority shall mean the person or body authorized under the provisions of this Chapter to review and act upon a special event application, i.e. either a specified staff, Department Director or the City Council. O Special Event shall mean any special event described in Section 11.03.020(B). P. Title 20 or Zoning Code shall mean Title 20 of the Newport Beach Municipal Code. 11.03.040 Types of Special Event Permits A. Special Event Permit. Special Event Permits are for one -time events and for events which may recur but which are scheduled individually. B. Bundled Events Permit. Bundled Event Permits are for multiple events scheduled over a one year time period by one Applicant. The permit may cover one event that recurs during the year or a variety of events similar in nature during the year, such as weddings, anniversaries and birthday parties. Up to 20 events could be scheduled under a single Bundled Event Permit and there is no limit as to the number of Bundled Event Permits one venue can apply for in a given year. 11.03.050 Standards and Requirements . A. Duration of Events. Events lasting more than 30 consecutive days shall be deemed "temporary land uses" and shall be regulated by Section 20.60.015 of the Zoning Code (Title 20). B. Event Site and Hours of Operation. Special event activities shall be limited to the areas so designated in the permit approval. Special events shall not be conducted between the hours of 11 p.m. and 7 a.m. unless the Reviewing Authority determines that other hours of operation will not result in conditions materially detrimental to nearby property owners, residents, or businesses, or to public health or safety. C. Other Requirements. In addition to the requirements set out in this Section, the Reviewing Authority may also impose conditions of approval relating to use of City beaches, fire protection, traffic, parking, security, dust control, water quality protection of the bay and ocean, noise temporary structures, signs and banners, outdoor lighting, insurance, and other matters deemed by the Reviewing Authority to be necessary for protection of public health, safety and general welfare. D. Use of Fireworks. Any special event, including special events otherwise exempted from the provisions of this Chapter under Section 11.03.020(C) that involve the use of fireworks shall require written approval by the City Manager, subject to approval of the Fire Chief and Police Chief. E. Overnight Habitation. If a special event requires overnight habitation of the site by security, caretaker, or other personnel, the overnight facilities shall be so identified and approved in the permit. Approval of the facilities by the County health officer may also be required. 11.03.060 Permit Review Procedures A. Reviewing Authority. All Applicants for special events regulated by this Chapter shall • apply for a permit from the Recreation and Senior Services Director. B. Application Filing. Applications for special events shall be made in advance of the start of the special event. Applications shall be submitted to the appropriate Director, not less than the number of days established by Resolution of the City Council. The City Council Resolution shall establish time periods for applications to be submitted sufficient to allow for review of completed applications depending upon the number of attendees and impact of the special event on City Property. Late submissions shall constitute grounds for denial. However, if an application is made less than the required time, the Director shall determine if there is sufficient time remaining for proper review of the application under the provisions of this Chapter. If the Director determines that there is sufficient time for review, an increased fee shall be charged for late filing, as determined by Resolution of the City Council. If the Director determines that there is not sufficient time, the Applicant shall be given the option of rescheduling the special event, or withdrawal of the application, or denial of the application. If the application is withdrawn prior to processing, the Applicant would be given a full refund of fees. C. Submission Requirements. Applications for special events shall be completed in their entirety on forms supplied by the Director, and shall include information such as the Applicant, a description of the special event, a site plan or route plan, and any other information deemed necessary by the Reviewing Authority to complete review . of the proposal. If the special event is proposed to be operated with, or on behalf of another person different than the Applicant„ the application shall include the name, address and telephone number of each person who will operate the Special Event.. Any person who applies for a permit as an authorized agent of the Applicant shall provide written authorization of such agency. D. Fee. Applications shall be accompanied by a fee established by Resolution of the City Council. The fee shall be established at a rate to cover the City's actual costs of review and processing of the application and to reimburse the City for all City department service charges the City incurs in connection with or due to the activities under the permit. These costs are for the direct impacts caused by the special event or those in attendance at the special event, not actions of onlookers. Prior to issuance of the permit, the Applicant may be required to submit a cash deposit in an amount sufficient to cover the total City departmental charges estimated to be incurred in connection with the permit. After the special event has concluded, City departments shall submit the final invoices and billings for each department, which shall be totaled into a final invoice and provided to the Applicant, who shall pay any unpaid balance within thirty (30) days of receipt of the invoice. The fee shall be in addition to other fees required by the Code, and shall not be waived. E. Review Process. The Director shall review and act on complete permit applications in accordance with the procedures set out below. The Director may refer any application to the City Manager for special review under the procedures set out in • Paragraph G of this Section. 1. Filing. Applications shall undergo initial staff review. Within ten (10) business days of filing, the Director shall cause the Applicant to be notified in writing whether the application is complete. If an application is determined to be incomplete, the notification shall identify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete. The Director may reject the application if the Applicant fails to complete the application after having been notified of the additional information request. 2. Other Department Review. If the Director determines that there are potential traffic or safety issues associated with a proposed special event, the application shall be referred to the Police and /or Fire Departments for review of such issues and recommended conditions of approval. In addition, the Reviewing Authority may refer the application to any other appropriate staff member or department for review and recommended conditions of approval. 3. Public Notice. The Director may require a mailed or delivered notice of a proposed special event to property owners if the Director determines, on a case -by -case basis, and that the public interest would be served by such notice. The Director may also require proof of said notice when deemed necessary. 4. Action by Director. After determination that the application is complete, the Director shall conduct an appropriate investigation, including consultation with other departments and site visits as deemed necessary. The Director shall then approve a special event permit, with or without conditions, unless he or she finds that: a. Special review of the proposed special event by the City Manager is required under paragraph G of Section 11.03.060, b. One or more of the standards of Section 11.03.050 of this Chapter are not met; C. The special event will cause substantial traffic, safety or health hazards within any area of the City; d. The special event will cause excessive noise impacts that will be materially detrimental to the general public, property owners, residents, or businesses near the special event site or route; e. The special event is scheduled to occur at a location and time in conflict with another special event scheduled for the same day or weekend and such conflict will create conditions materially detrimental to the general public or to nearby property owners, residents, or businesses, or would adversely impact the City's ability to provide adequate services; f. The special event is proposed to be located in or upon a building or premises which is hazardous to the health or safety of the special event attendees under the standards established by the Uniform Building or Fire Codes; g. The time, route, or size of the special event is reasonably likely to substantially interrupt the safe and orderly movement of traffic contiguous to the special event site or route, or disrupt the use of a street at a time when it is usually subject to great traffic congestion; or the special event is not reasonably likely to move from its point of origin to its point of termination in four hours or less; h. The concentration of persons, animals and vehicles at the site of the special event, or the assembly and disbanding areas around a special event, is reasonably likely to prevent proper police, fire, or ambulance services to areas contiguous to the special event; i. The size of the special event is reasonably likely to require diversion of so great a number of police officers of the City to ensure that participants stay within the boundaries or route of the special event, or to protect participants in the event, as to prevent normal protection to the rest of the City. Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of special event participants with the number of police officers available to police the special event; j. The location of the special event is reasonably likely to substantially interfere with any construction or maintenance work scheduled to take place upon or along the City streets, or a previously granted encroachment permit; k. The special event lacks adequate parking for employees and the public attending the proposed event under the applicable standards of Chapter 20.66 of the Code, except where the special event is part of an existing legal nonconforming use with respect to parking; The application is made by an Applicant for a special event where conditions of a previous permit issued to the Applicant were violated, or where any City ordinance, rule or regulation was violated; M. The special event is in conflict with applicable provisions of any federal, state and /or local laws; n. Information in the application or supplemental information is found to be materially false or misleading; and o. The special event will have an adverse effect on the health, safety or welfare of the public. The Director shall approve, conditionally approve, or deny an application on one or more of the grounds specified above. The Director shall act as expeditiously as possible and, in any case, (i) no later than 30 days after the Director received a completed application pursuant to Section E(1) above. If the application is denied or approved on conditions other than those Of accepted by the Applicant, the Director shall inform the Applicant of the grounds for denial of the application in writing, or the reason for the conditions imposed, simultaneously with notice of the decision, and shall further inform the Applicant of his or her right of appeal. If the Director relied on information about the special event on other than that contained in the application, the Director shall inform the Applicant of the additional information he or she considered. The Applicant shall be notified of any permit conditions at the time the application is approved and of the Applicant's right to appeal the permit conditions. If the Director determines that good cause to consider a late application does not exist under Section 11.03.060(B) within seven (7) days of receipt of the late application, the Director shall inform the Applicant of the reason for his /her determination regarding lack of good cause and of the Applicant's right of appeal. If a Level 1 permit is denied by the Reviewing Director that decision is final. 5. Conditions of Approval. As conditions for granting a special event permit, the Director may impose reasonable terms and requirements concerning the time and place of the special event; the area and manner of conducting the special event; the maximum number of attendees; the intensity of sound amplification; the protection of the bay and ocean relative to water quality, the regulation of traffic; the number and size of signs and banners; any traffic barricades to be provided by the Applicant; whether alcoholic beverages are allowed; and such other requirements as the Director finds reasonable and necessary for the protection of persons and property. 6. Permit Issuance. If the permit is approved, the Director shall cause the permit • to be issued subject to confirmation that all information and documents required by this Chapter have been filed, all required fees, deposits, and sureties have been paid or posted, and all conditions of approval have been provided for. 7. Applicant Notification. After action on the application, the Director shall cause the Applicant to be notified in writing within five (5) days of the decision. The Applicant may appeal decisions by the Director to the City Manager in accordance with this Section. F. Appeals to City Manager. Within ten (10) days of the date of written notification of action by the Director, an Applicant for a Level 2 or Level 3 Permit may appeal any denial of the application or any condition of approval to the City Manager. The City Manager shall hear appeals at least ten (10) days following filing of the appeal. The City Manager's decision on the appeal of a Level 2 Permit shall be final. G. Special Review by City Manager. Applications for Special Events which the Director determines has the potential for greater- than -usual noise, traffic or other impacts on nearby property owners, residents, and businesses, may require special review by the City Manager. The City Manager shall review the application with the Applicant at least ten (10) days following the Directors decision that the application requires special review. H. Appeals_ of City Manager Decision. The City Manager's decision under sub - section • F or G above shall be rendered within ten (10) days of his or her consideration of the appeal or special review. The City Manager shall approve the application unless he or she makes one or more of the findings for denial set out in Paragraph 4 of Section 11.03.060(E), in which case the City Manager may deny the application. In approving a special event permit, the City Manager may impose conditions of approval, as set out in Paragraph 5 of Section 11.03.060(E). The City Clerk shall notify the Applicant in writing within five (5) days of the City Manager's decision. The City Manager's decision on an appeal under sub - section F above for all Level 2 permits shall be final. The City Manager's decision under sub - section G above, and on all Level 3 permits may be appealed to the City Council pursuant to Section 11.03.100. 11.03.070 City Services Deposits and Damage Reimbursement for Certain Special Events A. City Services Deposit. The Applicant or Operator of the special event involving the sale of food or beverages, erection of structures, participation of horses or other large animals, use of water aid stations or other events for which the need for cleanup is likely, shall be required to provide a City Services deposit prior to the issuance of a special event permit. The City Services deposit and cleanup plan shall be in the amount established in a deposit fee schedule for special events adopted by Resolution of the City Council. B. Refund. The City Services deposit shall be refunded after the special event when in the opinion of the Director the area used for the permitted special event has been fully cleaned and restored to the same condition as existed prior the special event. If the actual cost for cleanup is less than the estimated cost, the Applicant will be refunded the difference. • C. If City property is damaged or destroyed by reason of the Operator's use, special event or activity, the Applicant or Operator shall reimburse City for the actual cost of replacement or repair of the damaged or destroyed property. All such costs shall be included into the invoice referenced above, unless an accurate cost for replacement or repair of one or more items of City property cannot then be ascertained, in which case, City may bill the Applicant or Operator when such information becomes available. D. Appeals. If the Applicant or Operator disputes the cleanup charge, he or she may appeal to the Director within five (5) days after receipt of the cleanup bill. The decision of the Director shall be final. 11.03.080 Indemnification Agreement Prior to the issuance of a special event permit the Applicant must sign an Indemnification Agreement to reimburse City for any costs incurred to repair damage to City property occurring in connection with the permitted special event and proximately caused by the acts or omissions of the Operator, its officers, employees, or agents, or any person who was under the Applicant's or Operator's control insofar as permitted by law. The Indemnification Agreement shall also provide that the Applicant shall defend the City against, and indemnify and hold the City harmless from, any liability resulting from any damage or injury occurring in connection with the special event proximately caused by the • acts or omissions of the Applicant, its officers, employees or agents, or any person who was under the Applicant's control insofar as permitted by law. For purposes of this Section, a person who merely is an attendee of the special event is not considered, by reason of attendance or participation alone, to be "under the control' of the Applicant. 11.03.090 Revocation of Pen-nit A. The City Manager may revoke any special event permit issued pursuant to this Chapter after written notice to the Permit Holder for any of the following causes: 1. Failure to Comply. The Permit Holder fails, neglects or refuses to fulfill any of the provisions of the permit or its conditions of approval; 2. Misrepresentation. The Permit Holder has made a material misrepresentation in the application or any other document required pursuant to this Chapter; 3. Violation of Law. The Permit Holder has violated state, federal or local laws or regulations in his or her conduct of the special event; B. Revocation shall become effective at the date and time ordered by the City Manager. 11.03.100 Appeals from Action of the City Manager If an Applicant is aggrieved by any decision of the City Manager under this Chapter, the Applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the City Manager's • decision and the basis for the appeal. The appeal shall be accompanied by a fee as established by Resolution of the City Council. The City Clerk shall provide written notification of the time and place set for hearing the appeal. The City Council at its next regular meeting held not less than ten (10) days from the date on which the appeal was filed with the City Clerk, shall hear the appeal and all relevant evidence, and shall determine the merits of the appeal. The City Council may sustain, overrule or modify the action of the City Manager, and decision of the City Council shall be final. The right to appeal to the City Council from the revocation of any permit required by this Chapter shall terminate upon the expiration of ten (10) days following personal delivery to the Applicant or the deposit of a letter in the United States mail advising the Applicant of the action of the City Manager and of the right to appeal such action to the City Council. Section 11.03.110 Permits and Fees Not Exclusive Charges, fees and permits required by this Chapter shall be in addition to any license, permit or fee required under any other Chapter of this Code, and may not be waived unless with the expressed written permission of the City Manager when deemed that given the nature of the event, it would be appropriate for the City to be a co- sponsor of the event; thereby, waiving a portion or all related fees. SECTION 2: Chapter 5.10 in Title 5 of the Newport Beach Municipal Code is hereby . repealed in its entirety. SECTION 3: Exhibit A adopted by Section 3.36.030A of Chapter 3.36 is hereby amended to read as follows: I� u EXHIBIT A The City's cost of providing the following services shall be recovered through direct fees charged for the services in the percentages indicated. PERCENTAGE OF COST TO BE RECOVERED SERVICE FROM DIRECT FEES City Clerk Muni. Code Suplmnt. Sales; Pd. Subscribers 100% Community Development Building Plan Check Fees 100% Plan Check Fees - Grading 71% Permits and Inspection 100% Microfilming 98% Preliminary Plan Review 45% Special Inspector Licenses 100% Special Inspector Test 100% Administration 100% • Development Review Fee 0% Residential Building Record 79% Planning Accessory Outdoor Dining 100% Am. Radio Antenna /Sat. Dish Permits 100% Appeals to City Council 50% Appeals to Planning Commission 50% Approval in Concept 100% Certificate of Compliance 100% Christmas Tree Lots 100% Coastal Residential Development Permit 100% Compliance Letters /Records Research 100% Condo Conversion 100% Counter Plan Check 100% Development Agreement 100% Development Plan 100% Environmental Documents 100% General Plan Amendment, Major 100% General Plan Amendment, Minor 100% Lot Line Adjustment 100% Lot Merger 100% Modification Permit 100% Offsite Parking 100% Plan Check 100% Planned Community Amendment 100% Planned Community Application 100% Planning DirectorlStaff Approval 1000/0 PRD UP Amendment 100% PRO Use Permit 100% Sign Permit/Review -- Heritage, 85% Creative /Comprehensive 100% Sign Exceptions 100% Site Plan Review 100% Subdivision Maps 100% Temporary Uses 100% Traffic Study 100% Use Permit 100% Variance 100% Zoning /Planned Community Amendment 100% • r1 LJ Recreation & Senior Services Adult Sports Volleyball 85% Tennis Round Robin 85% Field /Facility Rentals 85% Adult Sports Teams (Softball & Basketball) 85% Aquatics 85% Youth Sports Youth Sports- Football 85% Youth Sports- Basketball 85% Pee Wee Basketball 85% Youth Sports -Track and Field 85% Registration and Contract Classes 85% Special Events Balboa Arts Festival 55% Surf Contest 85% Special Event Permits 3" 50% (resident) 100% non - resident) CDM 5K Run 85% Rose Parade 85% Senior Services Transportation 30% Senior Recreation Classes 85% Social Services (Assessment Services) 0% Supportive Counseling 0% Information and Referral 0% Oasis Special Events 0% Telephone Reassurance 0% Library Services Video Rental 100% Best Sellers - Rental 88% Books on Cassette 47% Arts and Cultural Services Newport Beach Juried Art Show 100% Orange County Juried Art Show 100% Fire and Marine Emergency Operations Services (1995) to Advanced Life Support - Escorted 69% Advanced Life Support - Not - Escorted 69% Basic Life Support - Escorted 65% Basic Life Support - Not Escorted 65% Construction and Inspection Services 100% Construction Plan Check Services 100% Construction Inspection Services 100% Pier Construction Permits - New 100% Pier Construction Permits - Revisions 1000/0 Pier Construction Permits - Maintenance 100% Pier Construction Permits - Dredging 1000/0 Fire Safety Inspection Services 100% Fire Safety Inspection Services - Hospital 100% Fire Safety Inspection Services - High Rise 100% Hazardous Materials Disclosure 100% Weed Abatement 100% Special Hazards Tank Removal /Install 51% Spcl. Hzrds. -HM Piping, Tents, Canopies 50% Services Request - Special Events 100% Project Consultation Services 1000/0 Safety Inspection Complaints 00/0 Marine Environment Services Junior Lifeguard Program 100% Marine Preserve 15% . Marine Services 100% Pier Construction Permits - Transfer 100% Liveaboards 100% General Services Administration Recycling Program 100% Street Trees Right -of -Way Request 100% of Contractor cost to City Operations Traffic Signs 100% Police Administration Civil Subpoena 100% of salary plus benefits and travel costs Initial Concealed Weapons Permit Maximum Permitted by Law Concealed Weapon Permit Renewal Maximum Permitted by Law . Environmental Service Billing 100% Support Services Bike Licenses • Finger Printing Arrest Reports Crime Reports Traffic Collision Reports Photographs Video Audios Polaroids Clearance Letters Jail Booking Fees Vehicle Release /Post Storage Tow Hearing Subpoena Duces Tecum 11 Patrol Emergency Response Billing Detective Domestic Violence Report: Missing Persons Report Substance Abuse Program Massage License Traffic Fatal Traffic Collision Investigation Public Works Engineering Final Tract Map Final Parcel Map Checking Encroach. Prmt. w/o Traffic Engr. Review Encroach. Prmt. w/Traffic Engr. Review Lot Line Adjustment Checking Fee Easement Deed Resrch., Revw./ Processing Document Recordation Fee Certificate of Compliance Review Strt. Easement and Vacation Prcessg. Fee Covenant Agrmnt. Research & Rvw. Fee Subdivision Plan Check Encroachment & Eng. Agreement Prep Grading Plan Review (Contained in Plan Check) Pre - Permit Review (Contained inPlan Check) Landscape Plan Reviews (Contained in Plan Check) Administrative Services Revenue Animal Traps • Misc. Animal Inspec. Svcs (Pet Shop, Pig, Kennel, & Wild Animal Inspections) Dog License Animal Bite Reports Second Hand Dealer Permits 17% 100% Maximum Maximum Maximum 100% 100% 100% 100% 100% 100% 100% Permitted by Law Permitted by Law Permitted by Law Maximum Permitted by Law 100% 0% 0% 100% 100% 0% 100% 100% 88% 57% 100% 100% 100% 100% 100% 100% 100% 100% 0% 0% 0% 100% 100% No change to current fee. Legally permitted cost of copies only 100% Taxi Permits 100% Towing Permits 100% Fire Arms Sales - Retail Permit Street Closure Permit 100% • 100% News Rack Permits 100% Adult Oriented Business Permits 100% Escort Service Permit 100% Live Entrtmmnt. and Dance 100% Short Term lodging Permits 0% Marine Charter Permits 100% (Ord. 2002 -26 Exh. A, 2002; Ord. 2000 -24 § 1, 2000; Ord. 98 -18 § 1, 1998; Ord. 97 -8 § 2, 1997) SECTION 4: That if any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one to more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 2004, and adopted on the • day of , 2004, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COU NCI LMEMBERS ABSENT. COUNCILMEMBERS MAYOR ATTEST: CITY CLERK CITY OF NEWPORT BEACH -J CITY COUNCIL STAFF REPORT �✓ a J `� • Study Session Agenda Item No. 3 March 9, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Recreation & Senior Services Department Marie Knight, Director - 6443157 mknight@city.newport-beach.ca.us SUBJECT: SPECIAL EVENT PERMIT PROCESS REVISIONS ISSUE Does the City Council want to revise Municipal Code (MC) section 5.10 Special Events and increase the fees for Special Event Permits in order to recover a greater percentage of the costs associated with the processing and monitoring of the permits? RECOMMENDATION Receive the report and provide direction to staff on the proposed revisions to the MC sections 3.36 and 5.10 and the Master Fee Resolution • DISCUSSION Background The City MC section 5.10 requires anyone having a Special Event meeting designated criteria to have a Special Event Permit. The current Special Event Permit Process is comprised of three different levels depending on the size and complexity of the event: (1) which could include small events that do not impact City services, such as parties at the Dunes, extended hours at Dolce Restaurant, etc.; (2) which include Boat Shows, Newport Ensenada Race; (3) which includes events such as Taste of Newport, Race for the Cure and the Toshiba Classic Golf Tournament. The determination of the permit level has generally been made at the staff level. Once an application for a permit is made, it is then reviewed by all relevant departments according to Council Policy B -7 — Special Event Permit Processing before the permit is issued. Attachment A outlines the current review and approval process for a Special Event Permit. The Recreation & Senior Services Department began overseeing the Special Event Permits process in 1995; prior to that time the process was handled by the Revenue Division. Since then, staff has seen a steady increase in the number of permit applications as well as problems related to enforcement and noise issues, inter - departmental coordination, applicant compliance and cost recovery. A committee was formed in 2001 to address potential changes in the process in an effort to streamline the system, address problem areas, and create a more coordinated effort between the various City Departments . who review, approve and monitor the permits. Special Event Permit Process Revisions Page 2 COMMITTEE PROCESS • The committee included staff from Planning, Building, Code Enforcement, Public Works, Fire, Lifeguards, Police and Recreation. One of the first things the committee identified were the "average' hours spent on each permit level in order to estimate the actual staff costs involved with the processing and monitoring of each permit. Staff also added for consideration other potential permits that may be required as part of an overall Special Event application, such as road closure permits, fire inspection permits etc. Results of the committee's work were presented to the City Manager on two occasions and revised according to his direction. The attached documents reflect the changes that were discussed at those meetings. The City Attorney's Office and an outside consultant were used to write the proposed Municipal Code revisions. The committee spent two years gathering information, researching other surrounding cities' policies, and reviewing the current process and has accomplished the following tasks: • Review of current MC Chapter 5.10 Special Events and extensive revisions to proposed new Chapter 11.3 • Review of current fee structure, evaluation of direct costs and proposed revisions • Permits were reduced to three levels from a previous four. Attachment B outlines these changes, as well as lists the additional services /permits an applicant may be required to pay. • Recreation Services staff worked with MIS staff to create an e-mail routing system for inter - departmental review of permits to reduce paper use and expedite the • process for applicants. Applicant Education - A detailed list of explanations was compiled to distribute with applications for education of the applicant groups. Although there is no easy way to include all necessary permits in each Special Event Permit, staff compiled a list that was added to the application to inform the applicant of the other potential permits required, or possibly required, for the event. These lists should be reviewed annually and changes made as needed. • Enforcement of noise related problems regarding Special Events has increased, and there is a concerted effort to educate the public about special event permits and the numerous regulations to ensure compliance. The proposed fee structure includes a cost component that requires large events pay for code enforcement staff to monitor sound over the course of the event and provide more education regarding the applicant's responsibilities for controlling sound. COMMITTEE RECOMMENDATIONS Staff is seeking Council direction on the following recommendations: • Proposed repeal of current MC 5.10 Special Events and creation of MC Chapter 11.03 Special Events under Title 11. • Proposed revision of MC 3.36 Cost Recovery for User Services for Council approval to set the cost recovery for Special Event Permits at 50% for resident applicants and 100% for non - resident applicants 0 Special Event Permit Process Revisions Page 3 • Repeal of MC Chapter 5.10 and creation of MC Chapter 11.3 Upon review of the current MC 5.10 which governs the issuance and monitoring of Special Event Permits, the committee felt that major changes were needed in the Code in order to address the numerous enforcement issues that had been identified by the various departments, as well as to accomplish the goal of streamlining the process to provide greater efficiency for both staff and the applicant. Attachment C is the current MC 5.10. Attachment D is the proposed revised MC 11.3. The proposed revisions to the current code were so extensive that staff recommends that Chapter 5.10 be repealed and establish new one Chapter 11.3. The major changes in the revised code are outlined below: • General Provisions: Greater detail, descriptions and definitions have been included as to the types of events and activities that would require a permit, as well as terminology utilized in the process. • Types of Special Permits: This section is new and will establish two types of permits: 1. A Special Event permit for individual one time events 2. A Bundled Events Permit that would cover multiple events that are similar in nature at one location in one calendar year. In the committee's review of the current process they looked at the many events held at a few locations, such as the Dunes or Hyatt that are similar in nature (wedding reception, anniversary party, birthday party) and occur many times in a year. For example, last year there were over one hundred Level 1 events held at the • Dunes. Under the current system each is applied for separately creating a great deal of work for both City and the Dunes staff. By issuing a Bundled Events Permit, the Dunes would be able to pay a one -time fee for up to 20 events at a time as long as they are similar in nature. They would still be required to provide the basic information for each event to staff; however this could be done by e -mail. When the Dunes has used their 20 events they would then apply for their next 20. The fee for the Bundled Events Permit would be much less than if they applied individually as staff costs would be reduced by this process. We anticipate 4 -5 venues in the City utilizing this process to include the Hyatt, the Orange County Museum of Art and the Nautical Museum. Staff would meet with each venue separately to establish the types of events that could be considered under an Bundled Events Permit. • Standards and Requirements: This new area outlines duration of events, hours, and locations. • Permit Review Procedures: This section has the majority of the changes and we have outlined the detailed submittal process, as well as what is required upon submission in order to assist with the constant problem of last minute or incomplete submissions. The committee has also expanded upon the review process outlining both the steps for review as well as the conditions that may result in the denial of a permit. These conditions had not been identified; giving staff very little basis for denial even though there are legitimate concerns about an event. This section also details the appeals process the applicant could choose to follow if their permit is denied. • Cleanup Deposits and Damage Reimbursement: This new section will allow the City to recoup costs associated with an applicant's failure to properly clean up after an event or if damage occurs to City property as a result of their event. Special Event Permit Process Revisions Page 4 New Cost Recovery Plan The current cost recovery for Special Events as outlined in MC 3.36 is 36 %. After the committee's review of the actual time spent involved in the processing and monitoring of Special Event Permits, as well as the increase of permits in the past few years, it is recommended that the cost recovery be increased to 50% for resident permits and 100% for non - resident permits. A portion of this increase will be used to fund the current Park Patrol staff who play a large role in the monitoring of the events. In addition, the committee recommends the establishment of Late Fees for rush applications. Too often staff is asked to process an application at the last minute, which is a great impact on all Departments which need to review the application. This often necessitates staff literally walking the application around and gathering all necessary information in order to process the application on time. The following chart outlines the committee's recommendations for fee increases and additions. *Deposits will be required for Level 2 and 3 permits to cover some of the costs of "billed" City services specifically in cases where food or water stations are used that cause substantial amounts of litter or trash to be generated. This is a new requirement that will insure that the City will have some of the money up front for the event costs. U • Level1 Leve12 Le e13 Current Proposed Current Proposed Current Proposed Resident 125 175 275 350 700 1,000 Non - Resident 150 350 300 750 750 11900 Resident Late Fee 2001 233 350 563 4501 1,750 Non - Resident Late Fee 1 250 465 400 1,125 500 3,500 Bundled Events $2,000 Permit Fee per every 20 events Fanners Market Fee All new Farmers Markets $1,000 established after adoption of the Ordinance. Annually Proposed Deposit* 01 01 01 5001 01 1,000 Estimated actual 340 770 1,880 staff costs to process each level permit as of January 2004 *Deposits will be required for Level 2 and 3 permits to cover some of the costs of "billed" City services specifically in cases where food or water stations are used that cause substantial amounts of litter or trash to be generated. This is a new requirement that will insure that the City will have some of the money up front for the event costs. U • Special Event Permit Process Revisions Page 5 SUMMARY Staff is recommending revisions to the current MC 5.10 that will provide greater detail with respect to the Special Event Permit process, provided a more streamlined system for applicants and allow increased ease in enforcement of permits issued. In addition, staff recommends an increase in the cost recovery percentage related to this process. Mane ight, Directo Recreation and Senior Services Department • 0 Attachment A 0 Special Event Permit Process 1. Applicant calls for information and get application. 2. Recreation Division receives completed application and payment. 3. Date of event is entered into Special Events Calendar on Outlook 4. Application is entered into the system and e-mail is routed to appropriate departments for review. 5. Each Department/reviewer conducts their investigation, review and sends response within two weeks (or communicates with Recreation Staff that more time is needed) a. Departments call applicant directly for more information or documentation as needed. (let Recreation Division know of extra requests) b. When application is a 'rush ", return is expected in appropriate time to collate and review. Remember the permit still has to be reviewed, processed and a finished copy sent to the applicant before the event. 6. All responses from Departments are included in the permit conditions. Department should be specific as to the wording of the conditions. 7. Final permit is signed and sent to applicant and copies to Departments as deemed necessary (usually Fire, Police, Code and Water Quality Enforcement and General Services). Factors That Can Cause a Delay in Approval • 1. Incomplete information from the applicant (i.e. no plot plan; conflicting information) 2. Payment not attached to the application 3. Departments not returning response to Recreation Division in a timely manner. 0 Attachment B • Revision of Special Events Permit Categories i • Permit Level Description— permit is categorized on the highest level describing any one characteristic of the event. Level 1 • Less than 1,000 people • Uses no city services • No road or lane closures • One day event only Late fees apply when application is made less than 20 calendar days before event Permit must be applied for with a minimum of 3 full business days prior to event Level 2 • Up to 4 consecutive days including set -up and break down • Limited City services required as determined by Recreation Services • 1,000 -5,000 attendees over the course of the event • Monitor by complaint only • Event occurs on public right -of -way except parks under reservation Late fees apply when application is made less than 60 calendar days before event. Permit must be applied for with a minimum of 14 full business days prior to event Level 3 • More than 4 consecutive days in length including set up and break down • More than 5,000 in attendance over the course of the event • Traffic Plans required • Road Closures/Traffic Control required • City Services required • Code enforcement required to monitor sound • Application preferred 6 months in advance • Pre -event meeting required Late fees apply when application is made less than 120 calendar days before event. All permits in this category must be applied for with a minimum of 60 full business days prior to event A permit will be categorized in the highest level that includes one or more identifying criteria. (i.e. if event has less than 1,000 attendees, but requires limited city services it is a level 2 permit) Final decision on category can be appealed to the City Manager. Deposit/Bond will be used to pay for city services used for the event or subsequent clean up of the event. Remaining portion will be returned to the event organizer within 30 days of the event. If Special Event requires use of a City facility or additional city permits, the event organizer is expected to pay the appropriate fees and charges as they apply to that permit/facility /area. City Staff Charges Additional hourly charges maybe imposed as part of the permit conditions forth a following City services • Code & Water Quality Enforcement Officer • Code & Water Quality Enforcement Supervisor Traffic Officer Police Explorers Fire Inspector General Services Crew Chief • General Services Staff • Building Inspector • Paramedic Services Lifeguard Services Risk Management Services • Additional Pre or Post Event Meeting • Lifeguard Supervisor • Recreation Services Staff Field Preparation Other Possible Permit Reauirements Department Permit Fire Fireworks Propane Tent Building Generator Temporary Electrical Stage or Scaffolding Recreation Services Park or Facility Usage Revenue Business License Film Permit Planning Department Banners /signs Public Works Encroachment (Banner) Street Closure Police Department Parking Meter Use Parade Permits Fireworks Permits Caltrans Banner /Encroachment Orange County Health Dept Food Service/Preparation Orange County Transportation Authority Permit for Road Closures that impede public transportation routes Orange County Harbor Dept Notification for activity in the Harbor Alcoholic Beverage Control Daily Liquor License [1 0 n U Chapter 5.10 SPECIAL EVENTS Section 5.10.010 Definitions. Section 5.10.020 Permit Required. Section 5.10.025 Use of Public Beaches. Section 5.10.027 Display of Fireworks. Section 5.10.030 Application for Permit. Section 5.10.040 Investigation and Issuance of Permit. Section 5.10.060 Revocation of Permit. Section 5.10.070 Appeals from Action of the City Manaqer. Section 5.10.080 Permits and Fees Not Exclusive. Section 5.10.010 Definitions. ATTACHMENT C • Operate. The term "operate" as used in this chapter shall mean and include manage, conduct or carry on. Special Event. The term "special event" as used in this chapter shall mean any show, entertainment, circus, carnival, dance, exhibition, lecture, concert, sporting event, auction or other similar activity which is open to the public and which does not require a license or permit under any other chapter of this Code. This chapter shall not be applicable to student activities sponsored by the Newport -Mesa School Districts on school district property or to special events sponsored by homeowners' associations. (Ord. 1309 § 1 (part), 1969) Section 5.10.020 Permit Required. No person shall operate, or assist in operating, any special event within the City of Newport Beach without first obtaining a special event permit as hereinafter required. (Ord. 1309 § 1 (part), 1969) Section 5.10.020 Permit Required. No person shall operate, or assist in operating, any special event • within the City of Newport Beach without first obtaining a special event permit as hereinafter required. (Ord. 1309 § 1 (part), 1969) Section 5.10.027 Display of Fireworks. • The City Manager may approve special _event permits for the display of fireworks. (Ord. 96 -4 § 2, 1996: Ord. 1860 § 1, 1980 Section 5.10.030 Application for Permit. Application for a special event permit shall be filed at least fourteen (14) days prior to the date of the proposed event with the City Manager, on forms supplied by the City, together with an application processing charge as established by resolution of the City Council. The City Manager may, in his discretion, waive the requirement that applications be filed fourteen (14) days prior to the date on which the activity is to be conducted. (Ord. 1738 § 1, 1977: Ord. 1673 § 1, 1976: Ord. 1632 § 1, 1975: Ord. 1620 § 1, 1975: Ord. 1568 § 1, 1974: Ord. 1309 § 1 (part), 1969) Section 5.10.040 Investigation and Issuance of Permit. Upon receiving application for a special event permit, the City Manager shall cause an investigation to be made of the applicant, the other participants in the event, if any, the suitability of the place where • the event is to be presented, and the type of event proposed. The City Manager may in his discretion require that the applicant and his employees be fingerprinted. If the City Manager determines that the event proposed is not unlawful, that the place where the event is to be presented is suitable for the type of event proposed, and that the applicant has made adequate arrangements for off - street parking and traffic control to accommodate the patrons that are anticipated to attend the event, he shall issue a nontransferable permit for such event. If the City Manager determines that the application does not satisfy the foregoing requirements, he shall deny the application. If the application is denied, the applicant shall be so advised by certified mail, directed to the address shown on the application, or by personal service. Service shall be deemed complete upon deposit of the letter in the United States mail. (Ord. 1309 § 1 (part), 1969) Section 5.10.060 Revocation of Permit. The City Manager may revoke any permit issued under the provisions of this chapter on any of the following grounds. A. The permittee has ceased to meet any of the requirements for issuance of a permit. • • B. The special event has been operated in an illegal or disorderly manner, or in violation of any applicable Federal, State or municipal law or regulation. C. The conduct of such special event unduly interferes with traffic or pedestrian movement, or interferes with the public peace or rights of nearby residents, or with the enjoyment of their property. (Ord, 1309 § 1 (part), 1969) Section 5.10.070 Appeals from Action of the City Manager. If an applicant or permittee is aggrieved by action or failure to act upon the part of the City Manager in issuing, failing to issue, suspending or revoking any permit under this chapter, such applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action or failure to act on the part of the City Manager, and shall be accompanied by a fee as established by resolution of the City Council. The City Clerk shall notify the applicant in writing of the time and place set for hearing his appeal. The City Council at its next regular meeting, held not less than five days from the date on which such appeal shall have been filed with the City • Clerk, shall hear the applicant and all relevant evidence, and shall determine the merits of the appeal. The City Council may sustain, overrule or modify the action of the City Manager, and decision of the City Council shall be final. The right to appeal to the City Council from the denial, suspension or revocation of any permit required by this chapter shall terminate upon the expiration of fifteen (15) days following the deposit of a letter in the United States mail advising the applicant of the action of the City Manager and of his right to appeal such action to the City Council. (Ord. 97 -16 § 1, 1997: Ord. 1309 § 1 (part), 1969) Section 5.10.080 Permits and Fees Not Exclusive. Charges, fees and permits required by this chapter shall be in addition to any license, permit or fee required under any other chapter of this Code. (Ord. 1309 § 1 (part), 1969) 0 ATTACHMENT D ORDINANCE NO. 2004 -_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER 11.03 OF TITLE 11 TO NEWPORT BEACH MUNICIPAL CODE PERTAINING TO SPECIAL EVENTS NOW THEREFORE, the City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows: SECTION 1: Chapter 11.03 is hereby added to Title 11 of the Newport Beach Municipal Code read as follows: CHAPTER 11.03 SPECIAL EVENTS Sections: 11.03.010 Purpose and Intent 11.03.020 General Provisions 11.03.030 Definitions 11.03.040 Types of Special Event Permits 11.03.050 Standards and Requirements 11.03.060 Permit Review Procedures 11.03.070 Cleanup and Damage Reimbursement Deposits Events 11.03.080 Indemnification Agreement 11.03.090 Revocation of Permit 11.03.100 Appeals from Action of the City Manager 11.03.110 Permits and Fees Not Exclusive for Certain Special 11.03.010 Purpose and Intent A. To provide regulations allowing for special events while mitigating impacts on residents, visitors and businesses, maintaining traffic circulation, and ensuring public safety. 11.03.020 General Provisions A. Permit Required. No person shall conduct, operate, maintain, or organize any special event regulated by this Chapter and no person shall allow the use of their premises for such a special event, without first obtaining a special event permit in accordance with this Chapter and paying the required fee. is n LJ B. Applicability. These regulations shall apply to the following special events: 1. Outdoor concerts and other entertainment, public or semi - public, dance, recreation, or sporting events. 2. Circuses, carnivals, fairs and festivals. 3. Farmers' markets and swap meets. 4. Walks, runs, athletic events, bicycle and vehicle races not exempted under Paragraph C of this Section. 5. Organized /Sponsored Vehicle and boat shows. 6. Sales events outside the normal sales area of a business, such as sidewalk and parking lot sales and other special promotions. 7. Auto dealer sales events involving promotional attractions such as barbecues, tents, canopies, special signage, and similar facilities. 8. Fireworks displays. 9. Outdoor weddings and picnics with attendance of 150 or more persons, within guidelines established by City Council Policy B -16. 10. Assemblies, conferences or meetings in a designated reserved area outdoors, with attendance of 150 or more persons. • 11. Street fair, craft show on a residential or commercial right -of -way which is likely to obstruct or delay or interfere with normal flow of pedestrian or vehicular traffic. 12. Other events with potential attendance of 150 or more persons, as determined by the Director, which are not exempted per Paragraph C of this Section. 13. Car washes whereby the public is encouraged /invited to attend C. Exempt Activities. The following activities are exempt from the provisions of this Chapter: 1. Going Out of Business Sales regulated by Chapter 5.16. 2. Normal promotional /sale activities conducted within the approved display area of a business establishment as provided for in Title 20. 3. Commercial filming regulated by Chapter 5.46. 4. Parades regulated by Chapter 13.16. 5. Live entertainment at an established place of business, such as a restaurant or tavern, regulated by Title 20 and Chapter 10.26. 6. Temporary land uses regulated by Section 20.60.015, of Chapter 20.60 KA 7. Yard, garage, or other personal property sales in residential districts regulated by Section 20.60.120, of Chapter 20.60. 8. Activities or events held or conducted by or on behalf of the City of Newport Beach, a public school, or the State of California conducted on property • owned or leased by such entity or its sponsor. 9. Events conducted by homeowners' associations on common area property within the association's boundaries. 10. Any other special event specifically exempted in this Code from the provisions of this Chapter. 11.03.030 Definitions For the purposes of this Chapter, certain terms shall have the meanings set out below: A. Applicant shall mean any person who seeks a permit under this Chapter to operate a special event. For special events on private property the property owner shall be the Applicant. For special events on public property the Operator shall be the Applicant. An Applicant who has received an approved permit under the provisions of this Chapter, shall also be considered a Permit Holder. B. Attendance shall mean the number of attendees anticipated to attend or who participate in a special event, whichever number is greater. C. Attendee shall mean any person anticipated to attend or participate or who actually does participate in a special event. . D. City shall mean the City of Newport Beach. E. City Council or Council shall mean the City Council of the City of Newport Beach. F. City Manager shall mean the City Manager of the City of Newport Beach. G. City Property shall mean all real property and improvements owned, operated or controlled by City within the City's jurisdiction. City Property includes, but is not limited to City Hall, Police and Fire facilities, recreational facilities, parks, beaches, libraries, streets and sidewalks, streetlights and traffic lights. H. Director shall mean the Recreation and Senior Services Director. I. Level 1, 2, or 3 Permits shall mean a classification level of pen-nit as determined by Director, Department Director or Reviewing Director based on factors such as the nature, size, location, and duration of an event. J. Operate shall mean to manage, stage, promote, sponsor or carry on a special event. K. Operator shall mean the person who manages, stages, promotes, sponsors or carries on a special event. L. Outdoor(s) shall mean any place other than in a permanent building. Outdoor(s) shall include tents, canopies and temporary structures. 3 M Person shall include an individual, corporation, partnership, trust ,non - profit organization, association, group or other business entity or organization. • N Reviewing Authority shall mean the person or body authorized under the provisions of this Chapter to review and act upon a special event application, i.e. either a specified staff, Department Director or the City Council. O Special Event shall mean any special event described in Section 11.03.020(B). P. Title 20 or Zoning Code shall mean Title 20 of the Newport Beach Municipal Code. 11.03.040 Types of Special Event Permits A. Special Event Permit. Special Event Permits are for one -time events and for events which may recur but which are scheduled individually. B. Bundled Events Permit. Annual pen-nits are for multiple events scheduled over a calendar year by one Applicant. The pen-nit may cover one event that recurs during the year or a variety of events similar in nature during the year, such as weddings, anniversaries and birthday parties. 11.03.050 Standards and Requirements A. Duration of Events. Events lasting more than 30 consecutive days shall be deemed "temporary land uses" and shall be regulated by Section 20.60.015 of the Zoning Code (Title 20). is B. Event Site and Hours of Operation. Special event activities shall be limited to the areas so designated in the permit approval. Special events shall not be conducted between the hours of 11 p.m. and 7 a.m. unless the Reviewing Authority determines that other hours of operation will not result in conditions materially detrimental to nearby property owners, residents, or businesses, or to public health or safety. • C. Other Requirements. In addition to the requirements set out in this Section, the Reviewing Authority may also impose conditions of approval relating to use of City beaches, fire protection, traffic, parking, security, dust control, water quality protection of the bay and ocean, noise temporary structures, signs and banners, outdoor lighting, insurance, and other matters deemed by the Reviewing Authority to be necessary for protection of public health, safety and general welfare. D. Use of Fireworks. Any special event, including special events otherwise exempted from the provisions of this Chapter under Section 11.03.020(C) that involve the use of fireworks shall require written approval by the City Manager, subject to approval of the Fire Chief and Police Chief. E. Overnight Habitation. If a special event requires overnight habitation of the site by security, caretaker, or other personnel, the overnight facilities shall be so identified and approved in the permit. Approval of the facilities by the County health officer may also be required. M 11.03.060 Pen-nit Review Procedures A. Reviewing Authori ty. All Applicants for special events regulated by this Chapter shall apply for a permit from the Recreation and Senior Services Director. • B. Application Filing. Applications for special events shall be made in advance of the start of the special event. Applications shall be submitted to the appropriate Director, not less than the number of days established by Resolution of the City Council. The City Council Resolution shall establish time periods for applications to be submitted sufficient to allow for review of completed applications depending upon the number of attendees and impact of the special event on City Property. Late submissions shall constitute grounds for denial. However, if an application is made less than the required time, the Director shall determine if there is sufficient time remaining for proper review of the application under the provisions of this Chapter. If the Director determines that there is sufficient time for review, an increased fee shall be charged for late filing, as determined by Resolution of the City Council. If the Director determines that there is not sufficient time, the Applicant shall be given the option of rescheduling the special event, or withdrawal of the application, or denial of the application. If the application is withdrawn prior to processing, the Applicant would be given a full refund of fees. C. Submission Requirements. Applications for special events shall be completed in their entirety on forms supplied by the Director, and shall include information such as the Applicant, a description of the special event, a site plan or route plan, and any other information deemed necessary by the Reviewing Authority to complete review of the proposal. If the special event is proposed to be operated with, or on behalf of • another person different than the Applicant„ the application shall include the name, address and telephone number of each person who will operate the Special Event.. Any person who applies for a permit as an authorized agent of the Applicant shall provide written authorization of such agency. D. Fee. Applications shall be .accompanied by a fee established by Resolution of the City Council. The fee shall be established at a rate to cover the City's actual costs of review and processing of the application and to reimburse the City for all City department service charges the City incurs in connection with or due to the activities under the permit. These costs are for the direct impacts caused by the special event or those in attendance at the special event, not actions of onlookers. Prior to issuance of the permit, the Applicant may be required to submit a cash deposit in an amount sufficient to cover the total City departmental charges estimated to be incurred in connection with the permit. After the special event has concluded, City departments shall submit the final invoices and billings for each department, which shall be totaled into a final invoice and provided to the Applicant, who shall pay any unpaid balance within thirty (30) days of receipt of the invoice. The fee shall be in addition to other fees required by the Code, and shall not be waived. E. Review Process. The Director shall review and act on complete permit applications in accordance with the procedures set out below. The Director may refer any application to the City Manager for special review under the procedures set out in Paragraph G of this Section. • 1. Filing. Applications shall undergo initial staff review. Within ten (10) business days of filing, the Director shall cause the Applicant to be notified in writing 5 whether the application is complete. If an application is determined to be incomplete, the notification shall identify those parts of the application that are incomplete and shall indicate the manner in which they can be made • complete. The Director may reject the application if the Applicant fails to complete the application after having been notified of the additional information request. 2. Other Department Review. If the Director determines that there are potential traffic or safety issues associated with a proposed special event, the application shall be referred to the Police and /or Fire Departments for review of such issues and recommended conditions of approval. In addition, the Reviewing Authority may refer the application to any other appropriate staff member or department for review and recommended conditions of approval. 3. Public Notice. The Director may require a mailed or delivered notice of a proposed special event to property owners if the Director determines, on a case -by -case basis, and that the public interest would be served by such notice. The Director may also require proof of said notice when deemed necessary. 4. Action by Director. After determination that the application is complete, the Director shall conduct an appropriate investigation, including consultation with other departments and site visits as deemed necessary. The Director shall then approve a special event permit, with or without conditions, unless he or she finds that: a. Special review of the proposed special event by the City Manager is • required under paragraph G of Section 11.03.060; b. One or more of the standards of Section 11.03.050 of this Chapter are not met; C. The special event will cause substantial traffic, safety or health hazards within any area of the City; d. The special event will cause excessive noise impacts that will be materially detrimental to the general public, property owners, residents, or businesses near the special event site or route; e. The special event is scheduled to occur at a location and time in conflict with another special event scheduled for the same day or weekend and such conflict will create conditions materially detrimental to the general public or to nearby property owners, residents, or businesses, or would adversely impact the City's ability to provide adequate services; f. The special event is proposed to be located in or upon a building or premises which is hazardous to the health or safety of the special event attendees under the standards established by the Uniform Building or Fire Codes; • g. The time, route, or size of the special event is reasonably likely to substantially interrupt the safe and orderly movement of traffic contiguous to the special event site or route, or disrupt the use of a 6 street at a time when it is usually subject to great traffic congestion; or the special event is not reasonably likely to move from its point of origin to its point of termination in four hours or less; h. The concentration of persons, animals and vehicles at the site of the • special event, or the assembly and disbanding areas around a special event, is reasonably likely to prevent proper police, fire, or ambulance services to areas contiguous to the special event; i. The size of the special event is reasonably likely to require diversion of so great a number of police officers of the City to ensure that participants stay within the boundaries or route of the special event, or to protect participants in the event, as to prevent normal protection to the rest of the City. Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of special event participants with the number of police officers available to police the special event; j. The location of the special event is reasonably likely to substantially interfere with any construction or maintenance work scheduled to take place upon or along the City streets, or a previously granted encroachment permit; k. The special event lacks adequate parking for employees and the public attending the proposed event under the applicable standards of Chapter 20.66 of the Code, except where the special event is part of • an existing legal nonconforming use with respect to parking; I. The application is made by an Applicant for a special event where conditions of a previous permit issued to the Applicant were violated, or where any City ordinance, rule or regulation was violated; M. The special event is in conflict with applicable provisions of any federal, state and /or local laws; n. Information in the application or supplemental information is found to be materially false or misleading; and o. The special event will have an adverse effect on the health, safety or welfare of the public. The Director shall approve, conditionally approve, or deny an application on one or more of the grounds specified above. The Director shall act as expeditiously as possible and, in any case, (i) no later than 30 days after the Director received a completed application pursuant to Section E(1) above. If the application is denied or approved on conditions other than those accepted by the Applicant, the Director shall inform the Applicant of the grounds for denial of the application in writing, or the reason for the conditions imposed, simultaneously with notice of the decision, and shall • further inform the Applicant of his or her right of appeal. If the Director relied on information about the special event on other than that contained in the application, the Director shall inform the Applicant of the additional information he or she considered. The Applicant shall be notified • of any permit conditions at the time the application is approved and of the Applicant's right to appeal the permit conditions. If the Director determines that good cause to consider a late application does not exist under Section 11.03.060(6) within seven (7) days of receipt of the late application, the Director shall inform the Applicant of the reason for his /her determination regarding lack of good cause and of the Applicant's right of appeal. If a Level 1 permit is denied by the Reviewing Director that decision is final. 5. Conditions of Approval. As conditions for granting a special event permit, the Director may impose reasonable terms and requirements concerning the time and place of the special event; the area and manner of conducting the special event; the maximum number of attendees; the intensity of sound amplification; the protection of the bay and ocean relative to water quality, the regulation of traffic; the number and size of signs and banners; any traffic barricades to be provided by the Applicant; whether alcoholic beverages are allowed; and such other requirements as the Director finds reasonable and necessary for the protection of persons and property. 6. Permit Issuance. If the permit is approved, the Director shall cause the permit to be issued subject to confirmation that all information and documents required by this Chapter have been filed, all required fees, deposits, and sureties have been paid or posted, and all conditions of approval have been provided for. • 7. Applicant Notification. After action on the application, the Director shall cause the Applicant to be notified in writing within five (5) days of the decision. The Applicant may appeal decisions by the Director to the City. Manager in accordance with this Section. F. Appeals to City Manager. Within ten (10) days of the date of written notification of action by the Director, an Applicant for a Level 2 or Level 3 Permit may appeal any denial of the application or any condition of approval to the City Manager. The City Manager shall hear appeals at least ten (10) days following filing of the appeal. The City Manager's decision on the appeal of a Level 2 Permit shall be final. G. Special Review by City Manager. Applications for Special Events which the Director determines has the potential for greater- than -usual noise, traffic or other impacts on nearby property owners, residents, and businesses, may require special review by the City Manager. The City Manager shall review the application with the Applicant at least ten (10) days following the Director's decision that the application requires special review. H. Appeals of City Manager Decision. The City Manager's decision under sub - section F or G above shall be rendered within ten (10) days of his or her consideration of the appeal or special review. The City Manager shall approve the application unless he or she makes one or more of the findings for denial set out in Paragraph 4 of Section • 11.03.060(E), in which case the City Manager may deny the application. In approving a special event permit, the City Manager may impose conditions of approval, as set out in Paragraph 5 of Section 11.03.060(E). The City Clerk shall notify the Applicant in writing within five (5) days of the City Manager's decision. The 8 City Manager's decision on an appeal under sub - section F above for all Level 2 permits shall be final. The City Manager's decision under sub - section G above, and on all Level 3 permits may be appealed to the City Council pursuant to Section 11.03.100. • 11.03.070 City Services Deposits and Damage Reimbursement for Certain Special Events A. City Services Deposit. The Applicant or Operator of the special event involving the sale of food or beverages, erection of structures, participation of horses or other large animals, use of water aid stations or other events for which the need for cleanup is likely, shall be required to provide a City Services deposit prior to the issuance of a special event permit. The City Services deposit and cleanup plan shall be in the amount established in a deposit fee schedule for special events adopted by Resolution of the City Council. B. Refund. The City Services deposit shall be refunded after the special event when in the opinion of the Director the area used for the pemlitted special event has been fully cleaned and restored to the same condition as existed prior the special event. If the actual cost for cleanup is less than the estimated cost, the Applicant will be refunded the difference. C. if City property is damaged or destroyed by reason of the Operator's use, special event or activity, the Applicant or Operator shall reimburse City for the actual cost of replacement or repair of the damaged or destroyed property. All such costs shall be included into the invoice referenced above, unless an accurate cost for replacement or repair of one or more items of City property cannot then be ascertained, in which • case, City may bill the Applicant or Operator when such information becomes available. D. Appeals. If the Applicant or Operator disputes the cleanup charge, he or she may appeal to the Director within five (5) days after receipt of the cleanup bill. The decision of the Director shall be final. 11.03.080 Indemnification Agreement Prior to the issuance of a special event permit the Applicant must sign an Indemnification Agreement to reimburse City for any costs incurred to repair damage to City property occurring in connection with the permitted special event and proximately caused by the acts or omissions of the Operator, its officers, employees, or agents, or any person who was under the Applicant's or Operator's control insofar as permitted by law. The Indemnification Agreement shall also provide that the Applicant shall defend the City against, and indemnify and hold the City harmless from, any liability resulting from any damage or injury occurring in connection with the special event proximately caused by the acts or omissions of the Applicant, its officers, employees or agents, or any person who was under the Applicant's control insofar as permitted by law. For purposes of this Section, a person who merely is an attendee of the special event is not considered, by reason of attendance or participation alone, to be "under the control" of the • Applicant. 0J 11.03.090 Revocation of Permit A. The City Manager may revoke any special event permit issued pursuant to this • Chapter after written notice to the Permit Holder for any of the following causes: 1. Failure to Comply. The Permit Holder fails, neglects or refuses to fulfill any of the provisions of the permit or its conditions of approval; 2. Misrepresentation. The Permit Holder has made a material misrepresentation in the application or any other document required pursuant to this Chapter; 3. Violation of Law. The Permit Holder has violated state, federal or local laws or regulations in his or her conduct of the special event; B. Revocation shall become effective at the date and time ordered by the City Manager. 11.03.100 Appeals from Action of the City Manager If an Applicant is aggrieved by any decision of the City Manager under this Chapter, the Applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the City Manager's decision and the basis for the appeal. The appeal shall be accompanied by a fee as established by Resolution of the City Council. The City Clerk shall provide written notification of the time and place set for hearing the appeal. The City Council at its next regular meeting held not less than ten (10) days from the date on which the appeal was • filed with the City Clerk, shall hear the appeal and all relevant evidence, and shall determine the merits of the appeal. The City Council may sustain, overrule or modify the action of the City Manager, and decision of the City Council shall be final. The right to appeal to the City Council from the revocation of any permit required by this Chapter shall terminate upon the expiration of ten (10) days following personal delivery to the Applicant or the deposit of a letter in the United States mail advising the Applicant of the action of the City Manager and of the right to appeal such action to the City Council. Section 11.03.110 Permits and Fees Not Exclusive Charges, fees and permits required by this Chapter shall be in addition to any license, permit or fee required under any other Chapter of this Code, and may not be waived unless with the expressed written permission of the City Manager when deemed that given the nature of the event, it would be appropriate for the City to be a co- sponsor of the event; thereby, waiving a portion or all related fees. SECTION 2: Chapter 5.10 in Title 5 of the Newport Beach Municipal Code is hereby repealed in its entirety. SECTION 3: That if any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the • validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one to more sections, subsections, sentences, clauses and phrases be declared unconstitutional. 10 SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. • This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 2004, and adopted on the day of , 20047 by the following vote, to -wit: AYES, COUNCILMEMBERS NOES,COUNCILMEMBERS ABSENT, COUNCILMEMBERS MAYOR ATTEST: CITY CLERK F:\users\cat\shared\da\Ordinance\SpecialEvent\022504.doc 11 • E ORDINANCE NO. 2004- 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER 11.03 OF TITLE 11 AND DELETING CHAPTER 5.10 FROM THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO SPECIAL EVENTS; AND AMENDING EXHIBIT A TO SECTION 3.36.030 OF CHAPTER 3.36, COST RECOVERY FOR USER SERVICES. The City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows: SECTION 1: Chapter 11.03 is hereby added to Title 11 of the Newport Beach Municipal Code read as follows: IyC /_1ir�:ii�iR3 SPECIAL EVENTS Sections: 11.03.010 Purpose and Intent 11.03.020 General Provisions 11.03.030 Definitions 11.03.040 Types of Special Event Permits 11.03.050 Standards and Requirements 11.03.060 Permit Review Procedures 11.03.070 Cleanup and Damage Reimbursement Deposits for Certain Special Events 11.03.080 Indemnification Agreement 11.03.090 Revocation of Permit 11.03.100 Appeals from Action of the City Manager 11.03.110 Permits and Fees Not Exclusive 11.03.010 Purpose and Intent A. To provide regulations allowing for special events while mitigating impacts on residents, visitors and businesses, maintaining traffic circulation, and ensuring public safety. 11.03.020 General Provisions A. Permit Required. No person shall conduct, operate, maintain, or organize any special event regulated by this Chapter and no person shall allow the use of their premises for such a special event, without first obtaining a special event permit in accordance with this Chapter and paying the required fee. B. Applicability. These regulations shall apply to the following special events: 1. Outdoor concerts and other entertainment, public or semi - public, dance, recreation, or sporting events. 2. Circuses, carnivals, fairs and festivals. 3. Farmers' markets and swap meets. 4. Walks, runs, athletic events, bicycle and vehicle races not exempted under Paragraph C of this Section. 5. Organized /Sponsored Vehicle and boat shows. 6. Sales events outside the normal sales area of a business, such as sidewalk and parking lot sales and other special promotions. 7. Auto dealer sales events involving promotional attractions such as barbecues, tents, canopies, special signage, and similar facilities. 8. Fireworks displays. 9. Outdoor weddings and picnics with attendance of 150 or more persons, within guidelines established by City Council Policy B -16. 10. Assemblies, conferences or meetings in a designated reserved area outdoors, with attendance of 150 or more persons. 11. Street fair, craft show on a residential or commercial right -of -way which is likely to obstruct or delay or interfere with normal flow of pedestrian or vehicular traffic. 12. Other events with potential attendance of 150 or more persons, as determined by the Director, which are not exempted per Paragraph C of this Section. 13. Car washes whereby the public is encouraged /invited to attend C. Exempt Activities. The following activities are exempt from the provisions of this Chapter: 1. Going Out of Business Sales regulated by Chapter 5.16. 2. Normal promotional /sale activities conducted within the approved display area of a business establishment as provided for in Title 20. 3. Commercial filming regulated by Chapter 5.46. 4. Parades regulated by Chapter 13.16. 5. Live entertainment at an established place of business, such as a restaurant or tavern, regulated by Title 20 and Chapter 10.26. 6. Temporary land uses regulated by Section 20.60.015, of Chapter 20.60 7. Yard, garage, or other personal property sales in residential districts regulated by Section 20.60.120, of Chapter 20.60. 8. Activities or events held or conducted by or on behalf of the City of Newport Beach, a public school, or the State of California conducted on property owned or leased by such entity or its sponsor. 9. Events conducted by homeowners' associations on common area property within the association's boundaries. 10. Any other special event specifically exempted in this Code from the provisions of this Chapter. 11.03.030 Definitions For the purposes of this Chapter, certain terms shall have the meanings set out below: A. Applicant shall mean any person who seeks a permit under this Chapter to operate a special event. For special events on private property the property owner shall be the Applicant. For special events on public property the Operator shall be the Applicant. An Applicant who has received an approved permit under the provisions of this Chapter, shall also be considered a Permit Holder. B. Attendance shall mean the number of attendees anticipated to attend or who participate in a special event, whichever number is greater. C. Attendee shall mean any person anticipated to attend or participate or who actually does participate in a special event. D. City shall mean the City of Newport Beach. E. City Council or Council shall mean the City Council of the City of Newport Beach. F. City Manager shall mean the City Manager of the City of Newport Beach. G. City Property shall mean all real property and improvements owned, operated or controlled by City within the City's jurisdiction. City Property includes, but is not limited to City Hall, Police and Fire facilities, recreational facilities, parks, beaches, libraries, streets and sidewalks, streetlights and traffic lights. H. Director shall mean the Recreation and Senior Services Director. I. Level 1, 2, or 3 Permits shall mean a classification level of permit as determined by Director, Department Director or Reviewing Director based on factors such as the nature, size, location, and duration of an event. I Operate shall mean to manage, stage, promote, sponsor or carry on a special event. K. Operator shall mean the person who manages, stages, promotes, sponsors or carries on a special event. L. Outdoor(s) shall mean any place other than in a permanent building. Outdoor(s) shall include tents, canopies and temporary structures. M Person shall include an individual, corporation, partnership, trust ,non -profit organization, association, group or other business entity or organization. N Reviewing Authority shall mean the person or body authorized under the provisions of this Chapter to review and act upon a special event application, i.e. either a specified staff, Department Director or the City Council. O Special Event shall mean any special event described in Section 11.03.020(B). P. Title 20 or Zoning Code shall mean Title 20 of the Newport Beach Municipal Code. 11.03.040 Types of Special Event Permits A. Special Event Permit. Special Event Permits are for one -time events and for events which may recur but which are scheduled individually. B. Bundled Events Permit. Bundled Event Permits are for multiple events scheduled over a one year time period by one Applicant. The permit may cover one event that recurs during the year or a variety of events similar in nature during the year, such as weddings, anniversaries and birthday parties. Up to 20 events could be scheduled under a single Bundled Event Permit and there is no limit as to the number of Bundled Event Permits one venue can apply for in a given year. 11.03.050 Standards and Requirements A. Duration of Events. Events lasting more than 30 consecutive days shall be deemed "temporary land uses" and shall be regulated by Section 20.60.015 of the Zoning Code (Title 20). B. Event Site and Hours of Operation. Special event activities shall be limited to the areas so designated in the permit approval. Special events shall not be conducted between the hours of 11 p.m. and 7 a.m. unless the Reviewing Authority determines that other hours of operation will not result in conditions materially detrimental to nearby property owners, residents, or businesses, or to public health or safety. C. Other Requirements. In addition to the requirements set out in this Section, the Reviewing Authority may also impose conditions of approval relating to use of City beaches, fire protection, traffic, parking, security, dust control, water quality protection of the bay and ocean, noise temporary structures, signs and banners, outdoor lighting, insurance, and other matters deemed by the Reviewing Authority to be necessary for protection of public health, safety and general welfare. D. Use of Fireworks. Any special event, including special events otherwise exempted from the provisions of this Chapter under Section 11.03.020(C) that involve the use of fireworks shall require written approval by the City Manager, subject to approval of the Fire Chief and Police Chief. E. Overnight Habitation. If a special event requires overnight habitation of the site by security, caretaker, or other personnel, the overnight facilities shall be so identified and approved in the permit. Approval of the facilities by the County health officer may also be required. 11.03.060 Permit Review Procedures A. Reviewing Authority. All Applicants for special events regulated by this Chapter shall apply for a permit from the Recreation and Senior Services Director. B. Application Filing. Applications for special events shall be made in advance of the start of the special event. Applications shall be submitted to the appropriate Director, not less than the number of days established by Resolution of the City Council. The City Council Resolution shall establish time periods for applications to be submitted sufficient to allow for review of completed applications depending upon the number of attendees and impact of the special event on City Property. Late submissions shall constitute grounds for denial. However, if an application is made less than the required time, the Director shall determine if there is sufficient time remaining for proper review of the application under the provisions of this Chapter. If the Director determines that there is sufficient time for review, an increased fee shall be charged for late filing, as determined by Resolution of the City Council. If the Director determines that there is not sufficient time, the Applicant shall be given the option of rescheduling the special event, or withdrawal of the application, or denial of the application. If the application is withdrawn prior to processing, the Applicant would be given a full refund of fees. C. Submission Requirements. Applications for special events shall be completed in their entirety on forms supplied by the Director, and shall include information such as the Applicant, a description of the special event, a site plan or route plan, and any other information deemed necessary by the Reviewing Authority to complete review of the proposal. If the special event is proposed to be operated with, or on behalf of another person different than the Applicant„ the application shall include the name, address and telephone number of each person who will operate the Special Event.. Any person who applies for a permit as an authorized agent of the Applicant shall provide written authorization of such agency. D. Fee. Applications shall be accompanied by a fee established by Resolution of the City Council. The fee shall be established at a rate to cover the City's actual costs of review and processing of the application and to reimburse the City for all City department service charges the City incurs in connection with or due to the activities under the permit. These costs are for the direct impacts caused by the special event or those in attendance at the special event, not actions of onlookers. Prior to issuance of the permit, the Applicant may be required to submit a cash deposit in an amount sufficient to cover the total City departmental charges estimated to be incurred in connection with the permit. After the special event has concluded, City departments shall submit the final invoices and billings for each department, which shall be totaled into a final invoice and provided to the Applicant, who shall pay any unpaid balance within thirty (30) days of receipt of the invoice. The fee shall be in addition to other fees required by the Code, and shall not be waived. E. Review Process. The Director shall review and act on complete permit applications in accordance with the procedures set out below. The Director may refer any application to the City Manager for special review under the procedures set out in Paragraph G of this Section. 1. Filing. Applications shall undergo initial staff review. Within ten (10) business days of filing, the Director shall cause the Applicant to be notified in writing whether the application is complete. If an application is determined to be incomplete, the notification shall identify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete. The Director may reject the application if the Applicant fails to complete the application after having been notified of the additional information request. 2. Other Department Review. If the Director determines that there are potential traffic or safety issues associated with a proposed special event, the application shall be referred to the Police and /or Fire Departments for review of such issues and recommended conditions of approval. In addition, the Reviewing Authority may refer the application to any other appropriate staff member or department for review and recommended conditions of approval. 3. Public Notice. The Director may require a mailed or delivered notice of a proposed special event to property owners if the Director determines, on a case -by -case basis, and that the public interest would be served by such notice. The Director may also require proof of said notice when deemed necessary. 4. Action by Director. After determination that the application is complete, the Director shall conduct an appropriate investigation, including consultation with other departments and site visits as deemed necessary. The Director shall then approve a special event permit, with or without conditions, unless he or she finds that: a. Special review of the proposed special event by the City Manager is required under paragraph G of Section 11.03.060; b. One or more of the standards of Section 11.03.050 of this Chapter are not met; C. The special event will cause substantial traffic, safety or health hazards within any area of the City; d. The special event will cause excessive noise impacts that will be materially detrimental to the general public, property owners, residents, or businesses near the special event site or route; e. The special event is scheduled to occur at a location and time in conflict with another special event scheduled for the same day or weekend and such conflict will create conditions materially detrimental to the general public or to nearby property owners, residents, or businesses, or would adversely impact the City's ability to provide adequate services; f. The special event is proposed to be located in or upon a building or premises which is hazardous to the health or safety of the special event attendees under the standards established by the Uniform Building or Fire Codes; g. The time, route, or size of the special event is reasonably likely to substantially interrupt the safe and orderly movement of traffic contiguous to the special event site or route, or disrupt the use of a street at a time when it is usually subject to great traffic congestion; or the special event is not reasonably likely to move from its point of origin to its point of termination in four hours or less; h. The concentration of persons, animals and vehicles at the site of the special event, or the assembly and disbanding areas around a special event, is reasonably likely to prevent proper police, fire, or ambulance services to areas contiguous to the special event; i. The size of the special event is reasonably likely to require diversion of so great a number of police officers of the City to ensure that participants stay within the boundaries or route of the special event, or to protect participants in the event, as to prevent normal protection to the rest of the City. Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of special event participants with the number of police officers available to police the special event; j. The location of the special event is reasonably likely to substantially interfere with any construction or maintenance work scheduled to take place upon or along the City streets, or a previously granted encroachment permit; k. The special event lacks adequate parking for employees and the public attending the proposed event under the applicable standards of Chapter 20.66 of the Code, except where the special event is part of an existing legal nonconforming use with respect to parking; I. The application is made by an Applicant for a special event where conditions of a previous permit issued to the Applicant were violated, or where any City ordinance, rule or regulation was violated; M. The special event is in conflict with applicable provisions of any federal, state and /or local laws; n. Information in the application or supplemental information is found to be materially false or misleading; and o. The special event will have an adverse effect on the health, safety or welfare of the public. The Director shall approve, conditionally approve, or deny an application on one or more of the grounds specified above. The Director shall act as expeditiously as possible and, in any case, (i) no later than 30 days after the Director received a completed application pursuant to Section E(1) above. If the application is denied or approved on conditions other than those accepted by the Applicant, the Director shall inform the Applicant of the grounds for denial of the application in writing, or the reason for the conditions imposed, simultaneously with notice of the decision, and shall further inform the Applicant of his or her right of appeal. If the Director relied on information about the special event on other than that contained in the application, the Director shall inform the Applicant of the additional information he or she considered. The Applicant shall be notified of any permit conditions at the time the application is approved and of the Applicant's right to appeal the permit conditions. If the Director determines that good cause to consider a late application does not exist under Section 11.03.060(B) within seven (7) days of receipt of the late application, the Director shall inform the Applicant of the reason for his /her determination regarding lack of good cause and of the Applicant's right of appeal. If a Level 1 permit is denied by the Reviewing Director that decision is final. 5. Conditions of Approval. As conditions for granting a special event permit, the Director may impose reasonable terms and requirements concerning the time and place of the special event; the area and manner of conducting the special event; the maximum number of attendees; the intensity of sound amplification; the protection of the bay and ocean relative to water quality, the regulation of traffic; the number and size of signs and banners; any traffic barricades to be provided by the Applicant; whether alcoholic beverages are allowed; and such other requirements as the Director finds reasonable and necessary for the protection of persons and property. 6. Permit Issuance. If the permit is approved, the Director shall cause the permit to be issued subject to confirmation that all information and documents required by this Chapter have been filed, all required fees, deposits, and sureties have been paid or posted, and all conditions of approval have been provided for. 7. Applicant Notification. After action on the application, the Director shall cause the Applicant to be notified in writing within five (5) days of the decision. The Applicant may appeal decisions by the Director to the City Manager in accordance with this Section. F. Appeals to City Manager. Within ten (10) days of the date of written notification of action by the Director, an Applicant for a Level 2 or Level 3 Permit may appeal any denial of the application or any condition of approval to the City Manager. The City Manager shall hear appeals at least ten (10) days following filing of the appeal. The City Manager's decision on the appeal of a Level 2 Permit shall be final. G. Special Review by City Manager. Applications for Special Events which the Director determines has the potential for greater- than -usual noise, traffic or other impacts on nearby property owners, residents, and businesses, may require special review by the City Manager. The City Manager shall review the application with the Applicant at least ten (10) days following the Director's decision that the application requires special review. H. Appeals of City Manager Decision. The City Manager's decision under sub - section F or G above shall be rendered within ten (10) days of his or her consideration of the appeal or special review. The City Manager shall approve the application unless he or she makes one or more of the findings for denial set out in Paragraph 4 of Section 11.03.060(E), in which case the City Manager may deny the application. In approving a special event permit, the City Manager may impose conditions of approval, as set out in Paragraph 5 of Section 11.03.060(E). The City Clerk shall notify the Applicant in writing within five (5) days of the City Manager's decision. The City Manager's decision on an appeal under sub - section F above for all Level 2 permits shall be final. The City Manager's decision under sub - section G above, and on all Level 3 permits may be appealed to the City Council pursuant to Section 11.03.100. 11.03.070 City Services Deposits and Damage Reimbursement for Certain Special Events A. City Services Deposit. The Applicant or Operator of the special event involving the sale of food or beverages, erection of structures, participation of horses or other large animals, use of water aid stations or other events for which the need for cleanup is likely, shall be required to provide a City Services deposit prior to the issuance of a special event permit. The City Services deposit and cleanup plan shall be in the amount established in a deposit fee schedule for special events adopted by Resolution of the City Council. B. Refund. The City Services deposit shall be refunded after the special event when in the opinion of the Director the area used for the permitted special event has been fully cleaned and restored to the same condition as existed prior the special event. If the actual cost for cleanup is less than the estimated cost, the Applicant will be refunded the difference. C. If City property is damaged or destroyed by reason of the Operator's use, special event or activity, the Applicant or Operator shall reimburse City for the actual cost of replacement or repair of the damaged or destroyed property. All such costs shall be included into the invoice referenced above, unless an accurate cost for replacement or repair of one or more items of City property cannot then be ascertained, in which case, City may bill the Applicant or Operator when such information becomes available. D. Appeals. If the Applicant or Operator disputes the cleanup charge, he or she may appeal to the Director within five (5) days after receipt of the cleanup bill. The decision of the Director shall be final. 11.03.080 Indemnification Agreement Prior to the issuance of a special event permit the Applicant must sign an Indemnification Agreement to reimburse City for any costs incurred to repair damage to City property occurring in connection with the permitted special event and proximately caused by the acts or omissions of the Operator, its officers, employees, or agents, or any person who was under the Applicant's or Operator's control insofar as permitted by law. The Indemnification Agreement shall also provide that the Applicant shall defend the City against, and indemnify and hold the City harmless from, any liability resulting from any damage or injury occurring in connection with the special event proximately caused by the acts or omissions of the Applicant, its officers, employees or agents, or any person who was under the Applicant's control insofar as permitted by law. For purposes of this Section, a person who merely is an attendee of the special event is not considered, by reason of attendance or participation alone, to be "under the control' of the Applicant. 11.03.090 Revocation of Permit A. The City Manager may revoke any special event permit issued pursuant to this Chapter after written notice to the Permit Holder for any of the following causes: 1. Failure to Comply. The Permit Holder fails, neglects or refuses to fulfill any of the provisions of the permit or its conditions of approval; 2. Misrepresentation. The Permit Holder has made a material misrepresentation in the application or any other document required pursuant to this Chapter; 3. Violation of Law. The Permit Holder has violated state, federal or local laws or regulations in his or her conduct of the special event; B. Revocation shall become effective at the date and time ordered by the City Manager. 11.03.100 Appeals from Action of the City Manager If an Applicant is aggrieved by any decision of the City Manager under this Chapter, the Applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the City Managers decision and the basis for the appeal. The appeal shall be accompanied by a fee as established by Resolution of the City Council. The City Clerk shall provide written notification of the time and place set for hearing the appeal. The City Council at its next regular meeting held not less than ten (10) days from the date on which the appeal was filed with the City Clerk, shall hear the appeal and all relevant evidence, and shall determine the merits of the appeal. The City Council may sustain, overrule or modify the action of the City Manager, and decision of the City Council shall be final. The right to appeal to the City Council from the revocation of any permit required by this Chapter shall terminate upon the expiration of ten (10) days following personal delivery to the Applicant or the deposit of a letter in the United States mail advising the Applicant of the action of the City Manager and of the right to appeal such action to the City Council. Section 11.03.110 Permits and Fees Not Exclusive Charges, fees and permits required by this Chapter shall be in addition to any license, permit or fee required under any other Chapter of this Code, and may not be waived unless with the expressed written permission of the City Manager when deemed that given the nature of the event, it would be appropriate for the City to be a co- sponsor of the event; thereby, waiving a portion or all related fees. SECTION 2: Chapter 5.10 in Title 5 of the Newport Beach Municipal Code is hereby repealed in its entirety. SECTION 3: Exhibit A adopted by Section 3.36.030A of Chapter 3.36 is hereby amended to read as follows: EXHIBIT A The City's cost of providing the following services shall be recovered through direct fees charged for the services in the percentages indicated. PERCENTAGE OF COST TO BE RECOVERED SERVICE FROM DIRECT FEES City Clerk Muni. Code Suplmnt. Sales, Pd. Subscribers 100% Community Development Building Plan Check Fees 100% Plan Check Fees- Grading 71% Permits and Inspection 100% Microfilming 98% Preliminary Plan Review 45% Special Inspector Licenses 100% Special Inspector Test 100% Administration 100% Development Review Fee 0% Residential Building Record 79% Planning Accessory Outdoor Dining 100% Am. Radio Antenna /Sat. Dish Permits 100% Appeals to City Council 50% Appeals to Planning Commission 50% Approval in Concept 100% Certificate of Compliance 100% Christmas Tree Lots 100% Coastal Residential Development Permit 100% Compliance Letters /Records Research 100% Condo Conversion 100% Counter Plan Check 100% Development Agreement 100% Development Plan 100% Environmental Documents 100% General Plan Amendment, Major 100% General Plan Amendment, Minor 100% Lot Line Adjustment 100% Lot Merger 100% Modification Permit 100% Offsite Parking 100% Plan Check 100% Planned Community Amendment 100% Planned Community Application 100% Planning Director /Staff Approval 100% PRD UP Amendment 100% PRO Use Permit 100% Sign Permit/Review -- Heritage, Creative /Comprehensive 100% Sign Exceptions 100% Site Plan Review 100% Subdivision Maps 100% Temporary Uses 100% Traffic Study 100% Use Permit 100% Variance 100% Zoning /Planned Community Amendment 100% Recreation & Senior Services Adult Sports Volleyball 85% Tennis Round Robin 85% Field /Facility Rentals 85% Adult Sports Teams (Softball & Basketball) 85% Aquatics 85% Youth Sports Youth Sports- Football 85% Youth Sports- Basketball 85% Pee Wee Basketball 85% Youth Sports -Track and Field 85% Registration and Contract Classes 85% Special Events Balboa Arts Festival 55% Surf Contest 85% Special Event Permits 50% (resident) Social Services (Assessment Services) 100% (non- resident) CDM 5K Run 85% Rose Parade 85% Senior Services Transportation 30% Senior Recreation Classes 85% Social Services (Assessment Services) 0% Supportive Counseling 0% Information and Referral 0% Oasis Special Events 0% Telephone Reassurance 0% Library Services Video Rental 100% Best Sellers - Rental 88% Books on Cassette 47% Arts and Cultural Services Newport Beach Juried Art Show 100% Orange County Juried Art Show 100% Fire and Marine Emergency Operations Services (1995) Advanced Life Support - Escorted 69% Advanced Life Support - Not - Escorted 69% Basic Life Support - Escorted 65% Basic Life Support - Not Escorted 65% Construction and Inspection Services 100% Construction Plan Check Services 100% Construction Inspection Services 100% Pier Construction Permits - New 100% Pier Construction Permits - Revisions 100% Pier Construction Permits - Maintenance 100% Pier Construction Permits - Dredging 100% Fire Safety Inspection Services 100% Fire Safety Inspection Services - Hospital 100% Fire Safety Inspection Services - High Rise 100% Hazardous Materials Disclosure 100% Weed Abatement 100% Special Hazards Tank Removal /Install 51% Spcl. Hzrds. -HM Piping, Tents, Canopies 50% Services Request - Special Events 100% Project Consultation Services 100% Safety Inspection Complaints 0% Marine Environment Services Junior Lifeguard Program 100% Marine Preserve 15% Marine Services 100% Pier Construction Permits - Transfer 100% Liveaboards 100% General Services Administration Recycling Program 100% Street Trees Right -of -Way Request 100% of Contractor cost to City Operations Traffic Signs 100% Police Administration Civil Subpoena 100% of salary plus benefits and travel costs Initial Concealed Weapons Permit Maximum Permitted by Law Concealed Weapon Permit Renewal Maximum Permitted by Law Environmental Service Billing 100% Support Services Bike Licenses Finger Printing Arrest Reports Crime Reports Traffic Collision Reports Photographs Video Audios Polaroids Clearance Letters Jail Booking Fees Vehicle Release /Post Storage Tow Hearing Subpoena Duces Tecum Patrol Emergency Response Billing Detective Domestic Violence Reports Missing Persons Report Substance Abuse Program Massage License Traffic Fatal Traffic Collision Investigation Public Works Engineering Final Tract Map Final Parcel Map Checking Encroach. Prmt. w/o Traffic Engr. Review Encroach. Prmt. w/Traffic Engr. Review Lot Line Adjustment Checking Fee Easement Deed Resrch., Revw./ Processing Document Recordation Fee Certificate of Compliance Review Strt. Easement and Vacation Prcessg. Fee Covenant Agrmnt. Research & Rvw. Fee Subdivision Plan Check Encroachment & Eng. Agreement Prep Grading Plan Review (Contained in Plan Check) Pre - Permit Review (Contained inPlan Check) Landscape Plan Reviews (Contained in Plan Check) Administrative Services Revenue Animal Traps Misc. Animal Inspec. Svcs (Pet Shop, Pig, Kennel, & Wild Animal Inspections) Dog License Animal Bite Reports Second Hand Dealer Permits 17% 100% Maximum Permitted by Law Maximum Permitted by Law Maximum Permitted by Law 100% 100% 100% 100% 100% 100% 100% Maximum 100% 0% 0% 100% 100% 0% 100% 100% SS% 57% 100% 100% 100% 100% 100% 100% 100% 100% 0% 0% 0% 100% Permitted by Law 100% No change to current fee. Legally permitted cost of copies only 100% Taxi Permits 100% Towing Permits 100% Fire Arms Sales - Retail Permit 100% Street Closure Permit 100% News Rack Permits 100% Adult Oriented Business Permits 100% Escort Service Permit 100% Live Entrtmmnt. and Dance 100% Short Term lodging Permits 0% Marine Charter Permits 100% (Ord. 2002 -26 Exh. A, 2002; Ord. 2000 -24 § 1, 2000; Ord. 98 -18 § 1, 1998; Ord. 97 -8 § 2, 1997) SECTION 4: That if any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one to more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 23rd day of March , 2004, and adopted on the 13th day of April , 2004, by the following vote, to -wit: AYES, COUNCILMEMBERS Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway NOES,COUNCILMEMBERS None ABSENT, COUNCILMEMBERS None MAYOR r_llmr�011 ku0- r' -)y/ � CITY CLERK STATE OF CALIFORNIA } COUNTY OF ORANGE ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2004 -4 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th day of April 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of April 2004. (Seal) �1 /S�Ylin4 �• C Y,�i✓1� City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2004 -4 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: April 17, 2004. 2004. In witness whereof. I have hereunto subscribed my name this day of City Clerk City of Newport Beach, California