Loading...
HomeMy WebLinkAboutS26 - Appeal of Special Event Permit• CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Age da Item No. �0 13 1 JN-e iv . TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Recreation and Senior Services Marie Knight, Director 644 -3157 mknight @city.newport - beach.ca.us SUBJECT: Appeal of Revocation of Special Event Permit #03 -043 APPLICANT NAME: The Newport Dunes Resort ISSUE: The Newport Dunes Resort and Primedia are appealing to the City Council the City Manager's revocation of Special Event Permit #03 -043. RECOMMENDATION: • Staff recommends that the City Council uphold the revocation of Special Event Permit #03 -043. DISCUSSION: On 2 -26 -03 the Dunes Resort applied for a Special Event Permit (Permit) to conduct a "motorcycle show' on June 14th and June 15t'. The application for Permit (Application), which is attached as Exhibit A, states that the event involves "motorcycle related booths and displays, live band, DJ." In the past, the Dunes Resort has hosted, and the City has issued Permits for, events involving car shows, trailer shows, and boat shows. These events have been conducted little or no impact on the community or the Police Department and, based on the Application, seemed similar to previous shows. Staff approved the Permit on April 15, 2003. During the month of May, staff received information that the event included a "bikini show" or "trophy girl contest ", "freestyle jumpers" and a "dyno -cam — equipment that allows a motorcycle owner to determine the horsepower generated by the vehicle at very high RPM's. Staff also learned that the Department of Fish & Game was concerned about the impact on wildlife from the overall noise generated by the event and related activities. Finally, in light of this new information, staff was concerned that the show would adversely impact residents in Dover Shores and Sea Island. • (Title of Report) (Meeting Date) Page 2 • On June 4Ih, the City Manager, after meeting with the applicant, advised the applicant that the permit was revoked on the grounds that 'the permittee has ceased to meet the requirements for issuance of the permit' and that the "conduct of such special event unduly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 enjoyment of their property. (Section 5.10.060 NBMC). A copy of the City Manager's written notice of the permit revocation and findings is attached as Exhibit B. The applicant has appealed the revocation to the City Council as provided in Section 5.10.070. Exhibit C. The City Council is authorized to "sustain, overrule or modify the action of the City Manager after hearing from staff and the applicant and all relevant evidence. Environmental Review: None prepared. Prepared by: Marie Knight, Director of Recreation and Senior Services Attachments: Special Event Permit Application Notice of Revocation of Permit #03 -043 Notice of Appeal 0 • u Ca51na 0 Live Music F:*, SOX 1164, 7114 NEWIG4T BLYb, °'` `tfltiNBt.:9d4 @d'd•3157. MW.IROAT !EACH, CA u TovmDmenf .0 Surf Camas! `I� Salesf:xpo ❑ Rata/1Holk [� Concert /Fefforttotga i0. Other t3 Festivel EVENT NUMB APP11CATIOX DATE PAID_ Event Tide: > V went VDIC: - 1 U' -5 Estimated altendoncs Der daq� 24= Participants: 1,J I A Spectators~ tj %-A Tdml number at c1cys. -�- Site Plan cttech4 this ml IF preFessianol event organizer is opplying for this permit, a fatter imm the Chief Officar of the organization which authorizes the gppiicent to apply for this permit is required. r„ This person most ba in attendpnca #or, the durctt" of the ayenl and immediotaly available 10 c1W Describe parking nrrongementa.for avant. I, this event open to the gublica ONO G Yat-Dseerlba: Traffic safety sauiemant racuired:. no QYas- Describe: Will rood be usFr.aar.c�asolac utao Jr xas= pntact parser v chant: the APPLICANTS MUST COMPLETE BOTH SIDES OF THIS DOCUMENT E H IFS B Syr 'yyaq' ua1 mm iK. •rip.' �qa7 j te vlans Ear si nsrn0ata6ie disc {ease Fq- ere be a drawn raffle or cvsinai era ba sound ...,,f Nne of use: _ 1 O l �a �''r1 (�Fi(�"ii \ i AL, L Iraua UO0111e Fox IACii Te it Ihere be generators vahicbs 600t4 ar other taniomant@ a ❑Vas- Describo: _ _ khnra ba ctrmmarciat ft7mirm of ihla pvattt9 � h Other Commarcidl asaactse DYes- Cased6t: _ - iFiangE infarmatian; - tG aNOIRSIGNEa, A¢Rtiaw=OE ANa VROSA YANG CHAT I AM I&ESPON6151E TO COMPIY WITH THE.HiFORMATI ON, AESTAI VIONS ANa DITIONS Of THE FEAMIT WHEN ISSUE& I H1AUY ACKNOWUD(st pis)oNst1111`{Y F F1 1T AESOCIATEP WITH NON•COA1ALtANCE WITH THE • HT CONo1TICiNS, W)JETHSR OR NOY I AM PRWNT AT THE TIME OF THE VIOLATION, reby cartiFy the foregoing statements to 6e true and corrvo, and agree to dafand, indemnify and hold harmless fiat Clttyy of ,part Heath, its Clay Council, officers, agent: and emplayaas From and against any and all loss, o1aims, damages, IlablGty, such n ar suit arising from Or In any monnar connected to the raqquesl%d celvity. i also agree, If approved, to comply with all permit . ditions, and understand that failurmto comply with any condtdon, or any vlclation of law may result in the immadia conanitclion of eyaet. denial of Future eyoTRS and or criminal prosaeutton. [; 260 2Ctz3 Print our ncma:' 1 I 1 - Si nifture AVOID LACE FEES. PERMIT APPLICATION MUST 86 RECEIVER 10 FULL HUSIN'ESS DAYS IN ADVANCE Of ,VENT. chmants received: 01trsurancd OTrofFlc wntral/plat plan 08anner permit Ova plan ❑Tcnt Pwrell applicaffan , Ne A Ns It HR LEva 1— Permits ranted ta,pthsrdepartments: �s so sets $175 s200 $zoo $310 LsyiL 2— •1kermits for complex events requiring read $115 S160 S230 $290 $340 $375 clasuras, attachments Of parMlts regUirad by ether dltpo tmenfs: (AYFTAL Fet 380) tYv.L 3- Permits for major ey.onts requiring rood closures, Sze1 $370 $170 tsss unazIlmetus, pernini required by ethar departments and One pre•eeOnt meaffng: lAPPI&L Ft[ $20111 •Any appllcalien iu6milhdieu Ihaa ten businur day: prtar it If, avant is ccmicvad let. ono At be chanted acaordlneiy. • '•Any nppewilan 3ubffa4d lets ftn In". Susln+u days p6w tv Iho ♦v.nr Is cem4iorsd a rush =d 'A b. chera.d vcmrdingly. I•e(S!a [}[T, N[ +Na N -AkS{D tai 7 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Newport Dunes Resort C/O Bill Horttor 1131 Back Bay Drive Newport Beach, CA, 92660 June 6. 2003 RE: Motorcycle Show June 14 and 15, 2003 - Special Event Permit No. 03 -043 Dear Mr. Horttor: This letter is to inform you that I have decided to revoke Special Event Permit #03 -043 which was previously issued on April 15, 2003. The permit is being revoked on the basis of Newport Beach Municipal Code Section 5.10.060(A): The permittee has ceased to meet any of the requirements for issuance of a permit. And 5.10.060(C): The conduct of such special event unduly interferes with traffic pedestrian movement, or interferes with the public peace or rights of nearby residents, or with the enjoyment of their property. • The permit was issued based upon a February 26, 2003 application for a special event to conduct a "Motorcycle Show" for 2,000 participants on June 14th and June 15, 2003. The application is attached to this letter as Exhibit A. The application disclosed that the Motorcycle Show included related booths and displays, a live band and D.J. and that there would be no canopies, tents, bleachers, stages or structures and no other commercial aspects. In the past The Newport Dunes has hosted, and the City has issued permits for, events involving car shows, trailer shows and boat shows. Based upon the application the "Motorcycle Show" appeared to be similar to previous shows that had been conducted with little or no impact on the community or the Police Department. Approximately three weeks after the permit was issued, Sergeant Johnson of the Newport Beach Police Department was contacted by a representative of Primedia to discuss additional security for the "Motorcycle Super Show." As a result of this telephone call, Police Department and Recreation Department staff investigated further and discovered additional information that was not disclosed on the February 26, 2003 application. The Motorcycle Show was being promoted by Primedia and nationally advertised in numerous motorcycle publications to include the following events: Bikini contest Freestyle Motorcycle Jumping demonstration with ramps • Dyno Cam equipment to provide a motorcycle testing area to rev the motorcycle to determine horsepower and noise generation levels 3300 Newport Boulevard, Newport Beach EXHIBIT Mr. Horttor • June 6, 2003 Page 2 Staff also learned during discussions with the Promoters that a group of approximately 200 motorcycles would be traveling together and arriving at Newport Dunes at one time from an event in Anaheim. This additional information has been reviewed by the Police Department and relayed to the Department of Fish & Game who has indicated their concern about the impact of the Motorcycle Show on wildlife in the adjacent upper Newport Bay estuary and ecological reserve. On May 28, 2003, the Department of Fish & Game notified us that there are currently endangered birds in Upper Newport Bay sitting on eggs. Baby birds and eggs are very vulnerable to predators like the crow. During the next few months, the estimated noise disturbance from over 1,500 Harley Davidson motorcycles will most likely exceed the recommended amount of noise pollution for a 72 hour noise period and could be sufficient to frighten the nesting parents and cause them to flee from the nest, putting survival of the eggs and any baby birds at risk. In addition, the additional activities and resulting increased noise also causes concern that it will adversely impact residents of Dover Shore and Sea Island. Motorcycle publications such as "Hot Rod Bikes', "Hot Bikes" and "Street Chopper' • have been advertising activities that exceed those activities disclosed in the permit application. For all the above stated reasons I find that the Newport Dunes has ceased to meet the following requirements for the issuance of the permit: Newport Dunes is not suitable for the type of event proposed. The extreme amounts of noise to be generated by 1,500 or more Harley Davidson or similar type motorcycles will negatively impact the peace and quiet of the Upper Newport Bay Ecological Reserve, nesting endangered birds and adjoining residential neighborhoods. I also find that the conduct of the Motorcycle Show will unduly interfere with traffic, pedestrian movement, and the public peace of nearby residents and enjoyment of their property. My action to revoke the Special Event Permit #03 -043 may be appealed to the City Council under the provisions of Newport Beach Municipal Code Section 5.10.070. 1 acknowledge receipt of your appeal filed on this day and will schedule for hearing before the City Council at its regular meeting next Tuesday, June 10, 2003, commencing at 7:00 p.m. Ve ,'ruty yours, H�' rBlUdaub'�l l�rCuSr?11 -1�`? Z/ City Manager 1 • LAW OFFICES MICHAEL G. SILVERMAN. P.C. 1925 CENTURY PARR EAST SUITE 1050 LOS ANGELES CALIFORNIA 90067 13101 712 -2175 TELEPHONE 13101 552 -3710 FACSIMILE June 6, 2003 City Clerk's Office City Hall 3300 Newport Boulevard Newport Beach, CA 92663 '03 JUN -6 P2 :23 OFF''- '"t ;IiY('LENK Ci i ';r .. ,.rOU 6EACii Re: Notice of Appeal from Decision of Newport Beach Recreation and Senior Services Department to Revoke Special Events Permit for Motorcycle Show at Newport Dunes Resort on June 14, 2003. City Clerk: Pursuant to a conversation this date with Debbie at the City Attorney's Office, Robert Burnham, City Attorney, has waived the $200.00 filing fee for the above referenced appeal. Very truly yours, Michael G. Silverman, on behalf of Newport Dunes Resort /mhc ND \City Any -IV re waive of filing fee City Council City of Newport c/o City Clerk City Hall 3300 Newport Boulevard Newport Beach, CA 92663 '03 JUG! -6 P2 :25 C r "Y CLkI'it i ScACii RE: APPEAL FROM DECISION OF CITY OF NEWPORT BEACH RECREATION AND SENIOR SERVICES DEPARTMENT TO REVOKE SPECIAL EVENTS PERMIT (the "Permit ") FOR MOTORCYCLE SHOW AT NEWPORT DUNES RESORT ON JUNE 14 AND 15, 2003 (hereinafter the "Event "). Members of Council: I represent Newport Dunes Resort and Marina, a California General Partnership ( "Newport Dunes "), sublessee for the property commonly known as Newport Dunes Resort, located at 1131 Back Bay Drive, Newport Beach, California 92660. Newport Dunes hereby appeals the decision of the City of Newport Beach (the "City ") Recreation and Senior Services Department to revoke the Permit issued by the City for the Event. This Appeal is made pursuant to Section 5.10.070 of the Newport Beach Municipal Code (the "Code "). BACKGROUND. Newport Dunes Resort is comprised of approximately 103 acres located on the Back Bay. Newport Dunes Resort includes approximately 406 recreational vehicle spaces, 450 marina slips, approximately 300 day storage spaces, a full service restaurant and various meeting rooms as well as catering and event facilities. There are approximately 1,200 parking spaces within the property. Events are held at the property ranging from meetings in indoor facilities to extremely large events including the annual boat show and the Fourth of July celebration, which is co- sponsored by the City. The latter two events bring in excess of 10,000 people to the Newport Dunes Resort per day. Due to the size, location and number of parking spaces, Newport Dunes Resort is uniquely qualified to house such events. By having such events at the property, Newport Dunes Resort Staff are experienced and well qualified to ensure such issues as parking, security and noise are adequately addressed. MOTORCYCLE SHOW. On or about March 5, 2003, Newport Dunes Resort filed a Special Event Permit Application with the City Community Services Department. A copy of that Application for Special Events Permit is attached hereto as Exhibit "A." The Permit was for a motorcycle show, sponsored by McMullen Argus Publishing, Inc., a subsidiary of PRIMEDIA INC. ( "PRIMEDIA "), one of the largest media companies in the Country. The Application includes the following information: (1) it would be a motorcycle show; (2) estimated attendance of 2000 participants a day; (3) there will be motorcycle related City Council City of Newport City Clerk Re: Notice of Appeal June 6, 2003 Page 2 booths and displays; and (4) the Event would include a live band and DJ. The size and space of the Event is much smaller than other events which take place at Newport Dunes Resort, including the aforementioned Boat Show and Fourth of July Celebration. On or about April 15, 2003, the City Recreation and Senior Services Department issued the Permit for the Event. A copy of the Permit is attached as Exhibit `B." The Permit listed 27 conditions. Following the issuance of the Permit, meetings were held with representatives of the Police Department on May 13, 2003 and Department of Recreation and Senior Services on May 28, 2003, to discuss specific concerns those departments had related to the Event. Representatives of Newport Dunes and PRIMEDIA, agreed to make changes in the program to address the concerns raised. Those included the hiring of off -duty police officers to supply security in addition to the contracted security services for the Event. Also, an additional permit fee was paid, as the City reclassified the Event from a Level 1 Event to a Level 3 Event. Newport Dunes Resort believes it took all steps requested by City personnel to satisfy concerns raised about the Event. On June 4, 2003, ten (10) days before the Event is scheduled to take place, a revocation of the Permit was sent by facsimile to the property. A copy of that revocation is attached hereto as Exhibit "C." The revocation states the Event's Permit has been denied by the Police Department and the Permit is rescinded due to incomplete information originally provided to the City. Police Department approval is not a condition to the Permit. Additionally, the revocation notice provides no detail on what information was allegedly not provided to the City. The revocation of the Permit ten (10) days prior the Event, causes great and irreparable harm to both Newport Dunes Resort and PRIMEDIA and is inconsistent with the Code. THE CODE REQUIREMENTS. Chapter 5.10 of the Code applies to this appeal. When there is a Special Event, as defined by Section 5.10.010, the operator of the event is required to obtain a Special Events Permit in order to have such an Event (5.10.020). An application for the Special Event Permit must 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 (5.10.030). The application for Special Event Permit as found on Exhibit A, was filed approximately 100 days before the Event, and is on the City form. A fee of $90 was paid with the Permit application. Following the May 28`h meeting with City staff, an additional $195, was paid to the City following the City's reclassification of the Event. City Council City of Newport City Clerk Re: Notice of Appeal June 6, 2003 Page 3 Following receipt of an application for Special Events Permit, the City Manager is obligated to undertake an investigation 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. (Section 5.10.040). 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. (Section 5.10.040). If the City Manager determines that the application does not satisfy the foregoing requirements, he shall deny the application. (Section 5.10.040). Approximately 40 days after receipt of the Special Event Permit application, the City issued a Permit with numerous conditions. Therefore, a determination was made that the Special Event Permit was warranted for the Event. The Event clearly meets the criteria for issuance of a Special Event Permit. The Event is not unlawful, Newport Dunes Resort is a suitable location for the Event, as it routinely holds events that are equal to or much larger in size and scope than the Event, it has sufficient on -site parking for the Event and there is no indication that traffic control is an issue. The Code Section 5.10.60 limits revocation of a Special Event Permit to the following causes: "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." In the revocation letter of June 4, 2003, none of the lawful reasons for revoking a Special Events Permit were cited to justify the revocation. There is a general reference to a denial of the Permit by the Police Department. The Police Department's approval was not a condition to the Permit nor a basis for revocation under the Code. As late as May 13, 2003, meetings took place with the Police Department regarding the Event, and the concerns raised by the Police Department were addressed by changes in the Event and the hiring of additional security. City Council City of Newport City Clerk Re: Notice of Appeal June 6, 2003 Page 4 The other basis for revocation of the Permit was incomplete information provided by the applicant at the time of filing the application. No detail is given as to what the alleged incomplete information is. The application is very detailed and the Event is consistent with the application. During the review of the Application, the City Manager is required to conduct an investigation as to whether the Permit should be issued. If the information was incomplete, the City Manager should have requested additional information during its investigation of the application. The City does not provide a basis for revoking the Permit which is consistent with the legal basis for such revocation. The City has no legal basis to revoke the Permit and therefore, the City Council as empowered by Code Section 5.10.070 should overturn the revocation of the Permit and reinstate the Permit for the Event. DAMAGES / IRREPARABLE HARM. A great deal of money will be lost by both Newport Dunes Resort and PRIMEDIA if the Event is cancelled due to revocation of the Permit. The harm is exacerbated by the late date of the revocation. Due to the City revoking the Permit only ten (10) days before the Event is scheduled, we respectfully request that this appeal be heard by the City Council during the City Council meeting on Tuesday, June 10, 2003. That is the last Council meeting prior to the Event. In addition to the monetary damages, the harm incurred by the City's last minute cancellation will cause serious harm to the reputation of the parties involved. The revocation of the permit was not only inconsistent with the code provisions as stated above, but was also in contravention of California law because it was an arbitrary decision by the City, and that disregarded the vested rights of Newport Dunes Resort and PRIMEDIA. The City may not exercise unlimited discretion in revoking permits. Trans- Oceanic Oil Corp. v. Santa Barbara (1948) 85 Cal.App.2d 776, 784. The decision to revoke a permit may not be arbitrary, unreasonable, or an abuse of power. Vincent Petroleum Corp. v. Culver City (1941) 43 Cal.App.2d 511, 516.) The purported reasons for the revocation are arbitrary, particularly given the cooperation of the parties with the City and police in preparation for the event. If a party acts in reliance upon ae permit, the party has acquired a vested right in the interests conveyed by the permit. See, Avco Community Developers, Inc. v. South Coast Regional Commission (1976) 17 Cal.3d 785 ( "If a property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon a permit issued by the government, he acquires vested right to complete construction in accordance with the terms of the permit." Id. at 791.) The parties relied on the permit to begin costly preparations for the event. The Newport Dunes Resort well in advance of the required application date so that substantial costs would be expended before the City City Council City of Newport City Clerk Re: Notice of Appeal June 6, 2003 Page 5 approved the event. Despite their caution and cooperation, the City revoked the permit at the last minute. As Newport Dunes Resort and PRIMEDIA have relied in good faith on the permit issued and incurred substantial costs in preparing for the event, the parties have a vested interest in the event going forward, which cannot be arbitrarily revoked by the City. Accordingly, the revocation was improper and will cost the parties a great deal of money should the permit not be reinstated. The Newport Dunes and PRIMEDIA reserve all rights to damages and other relief CONCLUSION. The City has no legal basis to revoke the Special Event Permit issued for the Event. The applicant has taken all action required by the Code and the City Departments to undertake such an Event. Newport Dunes Resort is well suited to house the Event and the revocation of the Special Event Permit will cause great harm to both Newport Dunes Resort and PRIMEDIA. Therefore, Newport Dunes Resort respectfully requests that the City Council overturn the decision of the City Manager and reinstate the Permit. Respectfully Submitted, ichael G. Silverman, Esq., on behalf of Newport Dunes Resort Michael G. Silverman, P.C. 1925 Century Park East, Suite 1050 Los Angeles, California 90067 (310) 712 -2175 EXHIBIT A Application for Special Events Permit Sent By: NEWPORT DUNES; j1,E. -i6 -2002 1433 M Dfof N port Beach coLlleu—Ty sovicAs. ❑ Casino ❑ Tournament © Live Music 0.5010/Expo 9497595685; Jun -5 -03 12:01PM; Page 5 1701 BOX 9763, 3300 ltEWp06T BLYfi. " 7NDN9r.:419.641.3141. N`EWPDXI 11ACB, OA 93036.1116 .. p:Axs,.919' +69.31100 Surf Contest Race/Walk Other 1J! A Festival Tito[ nombor or aa. � Sita Plon netoehed: � � �t For this even!: K l n "f7. If professional event organizer is applying for this permit, a fetter from the Chiof Officer of the organization which 0athorizes the applicant to apply for this permit is required. _ t lrn This person most be in city Is this event open to the avblicl � Mo MYos-Deseribe: Gall a safety equipment roqufred:.�&o OYos- Describe: Will food be rvodfNiold4 LJNo If Yes >Contacr oorion. *7 hone: Will food bo prmpnred at the event'iile7 No ®Yes• - Describe APPLICANTBAW COMETS BOTH SIDES OF THIS DOCUMENT l 6102 UNIBIT A KAM Sent By: NEWPORT DUNES; ru 1c� 2sez 14:33 9497595685; ++B COM1lRlt fY SEWICE5 Ja?r&rt0.0 Jun -5 -03 12:02PM; %9'e44 3155 Imrsrt REgWNe?Dlt tACH 0 Page 6/13 P. UNOltssicNED, ACKNOWLEDGE AND UNDERSTAND THAT I AM RESPONS151E TO COMPLY WITH THI 1NF02MAMON, RESTRICDONS AND ITIONS 0; THE PERMIT WHEN 13511116, E HN1R5Y ACKNOWLEDGE RIEPONSIEILOY F P{�7' 9 A990CIAlEb WITMf NON•COMPUANCI WITH THE r CONOITIONS, WKYO R 04 NOT I AM PRESENT AT THE TIME OF THE V10LATION. by certly the foregoing statements to be true and correct, and agree to Word. indemnify and hold harmless the City of is" Beach, its City Council, ofRcars, egon(s and employees from and against any and off lass, evim/, dome a, flabf Ity, such or suit arlsing from or In any manner connected to the requested activity. I also agras. IE approved. to amply with all psTMit . irons, and u orstand that f silunr to Comp with any condition. crony violation o law may result in the immadiat aorreeliatioa of ant, denial of future ovants and at cAmine prosotutlen. 1 '4 AVOID LATE FEES PERMIT APPLICATION MUST BE RECEIVED 10 FULL PU$INESS DAYS IN ADVANCE Of EVENT. chmsnts received: Olnsuranoo 07taffic control /plot plan ©banner permit Mite plan Merit permit application Levss, 1— Permits routed to other departments: LEVEL 2— PermiN for Complex even closures, attachments or tMI. Ne a All a NT S PO SNS $175 $700 $730 5310 5115 $ISO $730 $270 $340 3575 by Permits far major Events requiring road closures, $203 $370 We $655 attachments, permits requited by other departmonts and one prewventMooling: l.PPUL FEB $2061 :Any appikanen tubMW ItN than I" bndnen days prior to the eveet is canddmil tale aad win be charged aeeadmgly. • •Any apperanon eobntleed hit roan tloea balm" days prig. b 1110 waft 4 mnsWamd a rvrh end -411 bt 00"d eewr,Engty geelNaLNT. NeeNONALIS101NT 7 AA Sertt By: NEWPORT DUNES; Title of Event: Location: Times: Attendance: 9497595685; Jun -5 -03 12:02PM; Page 8/13 CITY OF NEWPORT BEACH RECREATION & SENIOR SERVICES Marie Knight, Director Newport Dunes Resort % Bill Horttor 1131 Back Bay Drive Newport Beach, CA 92660 Motorcycle Show 1131 Back Bay Drive Suite 14 and 15, 2003 10.00 AM- 6:00 PM 2000 Event Number: 03.043 Level 090-R The above referenced Special Event Permit is authorized at the location(s), date(s) and times indicated ONLY. Approval is contingent on compliance with the following conditions; 1. All vehicles shall be lawfully parked. No Fire lane exemption. 2. All Fire Lanes to remain 20 feet wide. 3. No exclusive use of public parking areas. No activities on public property. No parking permitted on Back Bay Drive or Jamboree. 4. No activities permitted in any portion of public street, sidewalk or alley. 5. No posting of promotional signs permitted on any portion of public property, including trees, utility poles, street signs, etc. 6. Activities shall not create a pedestrian or traffic hazard. 7. Do not block entrances or exits from any building. Do not block Fire Department access to any fire suppression equipment. 8. Do not exceed maximum occupancy load of any room or building. 9. Obey all City, County and State regulations. Comply with the lawful orders of Police and Fire personnel, or other government officials. 10. No alcoholic beverages permitted on public property. No service to minors or intoxicated persons. Obey all A,B.C. regulations. 11. Alifoo&seiiVicelo comply with Orange County Health Department requirements. For more information, contact the Orange County Health Department at (714) 667 -3621. 12. Amplified sound shall not begin before 8:00am, and shall cease by 5:00 pm on April 5N, 2003, or at the order of the Police /Code Enforcement and shall not be loud and unreasonable (MC 10.28.010). 13. This special event permit approval is only for the date specified in the application 14. THE APPLICANT IS ADVISED THAT FUTURE REQUESTS FOR THE USE OF LIVE ENTERTAINMENT OUTDOORS ANDIORTHE USE OF TENTS STRU C71UZES WITH LIVE ENTERTAMIENT REQUIRE APPROVAL OF AN AMENDMENT TO TIE SET ILEMENTAGREEMENT OR USE PERMIT BY TIE PLANNING COMMISSION, FOR ANY EVENTS NOT SPECIFICALLY AUTHORIZED BY 771E EXISTING SETTLEMENT AGREEMENT. THE APPLICANT" IS DIRECTED TO CONTINUE DILIGENT PURSUIT OF 721E REQUIRED PROCEDURE AS PREVIOUSLY DIRECTED. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 T1!lephone: (949) 644 -3151 - Fax: (949) 644 -3155 • www.city.newport- beaeh.ca.us EXHIBIT B SeRt,8y: NEWPORT DUNES; 16. 17. I& M 9497595685; Newport Dunes Resort Bill Horttor 1131 Back Bay Drive Newport Beach, CA 92660 TIIAT IN Jun -5 -03 12:03PM; TO Event Number. 03449 Level 090.8 Page 9/13 N& RING EN i7lSI USES, RECOMMENDATIONS OF NOISE LEVELS GENERATED By THE LIVE ENTERTAINMENTAT THE NEWPORT DUNES RESORT," DATED MAY 15,2M ARE INCORPORATED INTO THIS AND FUTURE SPECIAL EVENT PERMITS. THE PLANNING DEPARTMENT INTENDS TO PHASE THOSE RECOAVAENNDATTONS OVER THE COURSE OF THE NEXT 30 DAYS INTO THE CONDITTONS,OFAPPROVAL OF THE SPECIAL EVENT PERMIT: NOTALL THOSE RECOMMENDATIONS ARE INCLUDED AT THIS TTME. The approval of this permit does not guarantee that similar events will be approved in the future. The applicant is advised to contact the Planning Department prior to submitting any future applications for a similar event. The live entertainment and /or amplified sound allowed in association with a Special Event Permit shall be limited so that the sound shall be directed away from the Bay or otherwise surrounded on three sides by portable barriers described below. The speakers or sound - amplifying device shall be directed toward Coast Hloway or parallel to Jamboree Road. Portable barriers shall be placed around the back and sides of the speakers and band equipment as needed to control the direction of the sound away from the residential comnmunitim These barriers may be constructed of W -thick plywood or Plexiglas, or may be formed from acoustical blankets that provide a minimum sound transmission class (SIC) rating of 20, unless other arrangements are approved by the Planting Department or the Code )enforcement Officer. The Newport Dunes shall designate a contact person with portable. phone who will be resportatble for responding to community complaints, The contact person shall be on site throughout the duration of the event l£ a aom ' U #:Xoceiweii during ,an event, the Newport Dunza' cprtit,TCt;peas4zt a1? Il tike Avhai vgi . reasonable steps are necessary to resolve the complaint. Thest steps may include ordeiutg that mixer board and /or amplifier settings be lowered, or stopping the sound amplification portm of the event. 21. The use of env sound amplification device shall cease at 699pm or upon order of the Police Department or Code Enforcement. The use of any sound amvlif+ieation equipment is vrobibited after 10:00 gm. The operator of the facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than depicted.below for the specified time periods: Sent By: NEWPORT DUNES; 9497595685; Jun -5 -03 12:03PM; Page 10/13 tee: Newport Danes Resort % Bill Hortior 1131 Back Bay Drive Newport Beach. CA 92660 Event Number. 03063 Level 1/$90 -R Between the hours oftwet*et 7:00 a.m. and 1000 p.m. 10.00 - "m. and 7:b0 a.m We rior exterior interior exterior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA Measured at point 20 feet in front of the live entertainment act: 95 OC No Amplified Sound allowed after ION p.m. Ii 22. The applicant shall retain a qualified engineer specializing in noise/ acoustics to monitor the sound generated by the live entertainment or pre - recorded music to insure compliance with these conditions, if required by the Planning Director. 23. Sound contact Bill Horttnr at 949 - 729,3863. 24. The Promoter must obtain a Newport Beach Business license and supply and vendor listing to Revenue attn. Shane Burckte 949 - 6443148. If sales or orders for merchandise of any kind are transacted at the special event site vendors must complete a vendor option statement and fill and remit sales tax aoeordirtg to the vetui& potibnMatement. ............. 25, Follow reconimendations of other city departments. 26. Clean -up is the responsibility of the Permittee immediately following the event 27. Provide a copy of this permit upon request of a public official. Page 3 of 4 Sent Sy: NEWPORT DUNES; 9497595685; Jun -5 -03 12:04Pt1; Page 11/13 Permittcei Newport Dunes Resort Bin Horttor I'M Back Bay Drive Newport Beach, CA 92660 Event Number. 03M LevelV"O -R geasnitshall pr_,;,# at the event and made available at the xeyuest of the $Ftlice.or purer city i arlure to comply rvt'Eh the miuiieme i s of this permit or violations of law, will result in the cancellation of this permit and /or denial of future permits. Issuance of this permit does not authorize any activity in violation of any law, nor does it represent an endorsement of the activity or persons responsible for the event. I have read and understand the conditions of this permit and agree to comply with them. Please initial, date, and fax to (949) 644 - 3155.. Initials: Date: y -15-03 Approved hy: Matt Dingwall. Date Recreatkm Coordinator cc: Police, Pine, Code Worcement, Planning, Traffic, Revenue-Shane Burelde F:\ LWt5 \Cav \Shared \VVUOMRD \PEFJAMPermfts 2M 3 \09.048 Mode Show,VWw$.doc Page 4 of 4 EXHIBIT C Revocation of Permit Sent By: NEWPORT DUNES; 9497595685; Jun -5 -03 12:04PM; Page 12/13 COMMUN M SERVICES 949 644 3155 P::O ✓92' . . o-.. CITY OF NE'WPORT BRACH..... am VMMMON & SMOR URMN ` 10 Marie Knit, Diref m Permitted: Newport Danes Resort qfa B111 Honda 11n DUk Bay Delve Newport Beach, CA 92660 Event Namber. 03.OfL9 Level "MR Title of Event. Motomycle Show lAVatian Newport Danes 1131 Back Bay Drive, Newport Beach Dates: jow 14 and 13, 2M Ariendande: 20M no at o*" safe mcod SpocW Event Permit has bow derided by the PaRee Depaeffient sad is act auehosiaed.to fake place at the Iacaiion(s), doe(s) and time(s) indicated above. Addmannliy, permit number 03.043 that was issued on Apra 15, 3003 is herby rescinded and is not valid due to incomplete Wbrmadon originally provided m rife City. L, /V/, 3 Data cc Fite, Po" Planning, Traffic, Revenue, Code )'snfotcotocs t, Risk Management, Recreation iytecwt, Cny Mmeer 5300 Newport Boulevard - Prot office Box 1768 • Newport. f1mch. Cnvfmmb e0MO -0919 Tdepbeare_ 1949) eaa -8151 - Few ") 644-31M • wwm.dty.ncwport- fxach.m.ns TOTPL P.e2 EXHIBIT C IT By: NEWPORT DUNES; 9497595685; Jun -5 -03 12 :04PM; Q04/2883 11;24 949 - 6443749 NWD TRAFFIC OFFICE UN- 04 -20M 1027 COMMUNITY tp -wju -b "T � JWJ Sarttlon 6.10.070 Appeals from Aetlon at the CKY Manager. N an dPpNeant er,penftlltea is apgmwad by action or inilure to ad uw Ere peat ofra City marlyrper to lm ft 'Aft to kruw wmpendlnp ar ftmkiq any pamk %Ntder qds dVWM r. aMb setant"m appoal to the cay f amd by %''ng,adh om oft cwrk a sworwd addttreead m to Cky Cawtdl.tat6ttte %or66t 4+a fads:s+d d ryt0arab+p tha.wimn or tetpue b act an the pert of the t:Ry.bNS>app�,:,ard ahetl ba saffomperded by a tee ae eNt b5� fairar„ttat of the DI1y Cotexp. The+Ctty Clerlt alias netiy tine apppcattt in wn6np of 0ta throe end piawa. sat to hea�g life aeopaal. 7tte'rny Counoi ylt F!a nerd rteQtllal ^ htld.Ret>!b thartUve dytya tNDrtt tt+a MiA yNt which stycil appal shah have bean flfad web file GRy CteMt, ahsdl Hear 6fe ylt a<na off Iresvanl avideas+e: Brad chap dyrtilnniyle Ula tnyr!1tS of ttla appa4. The Ctty t.atstCli rtery vvmnrle m mt,aay the acgorl of 6+a City tisarm�rr. end deenta►t er tfts cny Coistcp Owu The Apra to appal to am CRY OoLm born the do", iuspousm or regmm ion syf Mgr pmrnit requrad by 6194 dtappa "I #armlmlta ratan the eNOMW of Item (16) days tapavrhls me Mwwgt of a teller 0 U"fdW etM acpett Cote. (Ord. 97 --1611. 1997: Ord. arul of h6r. 1811901 (w). is") 7.'Iw- IIn.AI'�wL nnw. /rnrtiro/prw.MrlON T%a T &mtv. CfT rlinm 4"1 Page 13/13 PAt 82/82 IM 4M 0W rOTQL P -02