HomeMy WebLinkAbout05.A- Community Development ORDINANCE (ID # 3772) DOC ID: 3772 E
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Public Hearing
From: Mark Persico M/CC Meeting Date: 04/20/2015
Prepared by: Aron Liang, (909) 384-5057
Dept: Community Development Ward(s): All
Subject:
Ordinance of the Mayor and Common Council of the City of San Bernardino Adopting
Development Code Amendment 14-20 and Amending Titles 5, 12, and 19 of the San
Bernardino Municipal Code to Make Minor Changes Relating to Permitting
Requirements for Temporary Use and Special Events. (#3772)
Current Business Registration Certificate:
Financial Impact:
The Amendment may make the development process easier as it relates to modifying
the permitting requirements for temporary use and special event permits, which in turn,
could attract more investments in the City.
Mayor to open the hearing. . .
Motion: Close the hearing; and lay over Ordinance for final adoption.
Synopsis of Previous Council Action:
None.
Background:
December 16, 2014 - the Legislative Review Committee (LRC) reviewed the request for
DCA 14-20.
December 17, 2014 - the Planning Commission continued DCA 14-20 for 60 days.
March 18, 2015 - the Planning Commission unanimously voted to recommend that the
Mayor and Common Council approve Development Code Amendment (DCA) 14-20.
April 1, 2015 - A 1/8-page legal ad was submitted to the Sun Newspaper for publishing
on April 4, 2015, advertising the April 20, 2015 Mayor and Common Council hearing
DCA 14-20.
PROJECT DESCRIPTION
Presently, various provisions of the San Bernardino Municipal Code govern the
requirements of temporary uses and special events on public/private property in the
City. However, these provisions are not entirely consistent and there is not a cohesive
City process for reviewing and approving such events. If approved by the Mayor and
Common Council, the proposed actions would:
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3772
• Create a comprehensive system for considering temporary uses and special
event applications;
• Delete unnecessary and conflicting provisions from the Municipal Code;
• make the Zoning Ordinance (Title 19 - Chapter 19.70) consistent by amending
certain temporary use provisions; and
• Amend the Zoning Ordinance (Title 19 - Chapter 19.70) to streamline and clarify
provisions for temporary uses and special events throughout the City.
ANALYSIS
The proposed amendment is intended to create a comprehensive, streamlined, system
for approving permits for temporary uses and special events in the City and would
streamline and clarify regulations regarding temporary uses and special events.
In an effort to streamline and resolve unnecessary and conflicting provisions from the
Municipal Code, coordinated meetings among various departments within the City were
conducted including and not limited to: Public Works, Fire Department, Police
Department, Community Development Department, Parks and Recreation and
Community Services, Human Resources, and City Clerk. The proposed amendment
represents a coordinated and inter-related set of regulations. The key features are as
follows:
• Re eal provisions in Chapters, 5 and 12 as shown in Attachments A B and C.
P p p ,
The proposed modifications would delete unnecessary and conflicting provisions
from the Municipal Code;
• Modify Chapter 19.70, Temporary Use Permits as shown in Attachment D. The
proposed modifications would streamline and clarify provisions for temporary
uses and special events throughout the City.
Temporary Uses/Special Events
The proposed amendment would regulate temporary uses/special events which occur in
whole or in part on public property (including parades, block parties, marching, etc.) and
would establish a permit process which would include review by City departments
(including and not limited to: Public Works, Fire Department, Police Department,
Community Development Department, Parks and Recreation and Community Services,
Human Resources, and City Clerk). A special event review group, comprised of various
departments, would review each application and determine the appropriate conditions of
approval in a coordinated manner. The proposed amendment would create a process
that would replace the current less structured approach to processing temporary
use/special event permitting that has occasionally resulted in confusion for applicants
and staff as various City departments informally take the lead in processing various
types of temporary/special event permits.
FINDINGS OF FACT
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1. The proposed amendment is consistent with the General Plan.
The proposed code amendment will create a comprehensive, streamlined,
system for approving permits for temporary uses and special events in the City
and would streamline and clarify regulations regarding temporary uses and
special events, consistent with General Plan Policy 2.10.1: "Adoption of
ordinances and standards for implementing General Plan land use designations,
especially through the Development Code."
2. The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
The proposed amendment by itself will not directly result in new development
and therefore, will not be detrimental to the public health or safety. The proposed
amendment will eliminate inconsistencies found throughout the Municipal Code.
These revisions would enable the City to effectively and efficiently process
permits relating to temporary use and special event applications. Further, the
proposed amendment would create a structured process that would replace the
current less structured approach to processing temporary use/special event
permitting, thus improving the public interest, convenience, and welfare of the
City.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed Development Code Amendment is exempt from CEQA pursuant to
Section 15061(b)(3) of the CEQA Guidelines, because the effect of the amendment
would not result in a significant direct or reasonably foreseeable indirect physical
change in the environment.
CONCLUSION
The Planning Commission has determined that the proposed amendment satisfies all
Findings of Fact for approval of Development Code 14-20.
RECOMMENDATION
Close the hearing; and lay over the Ordinance for final adoption.
City Attorney Review:
Supporting Documents:
Ordinance (DOC)
Exhibit A (DOC)
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Attachment A - Sections 5.04.505 and 5.04.507 (DOCX)
Attachment B - Section 5.42 (DOCX)
Attachment C - Section 12.56 (DOCX)
Attachment D - Chapter 12.64 (DOCX)
Attachment E - Sections 12.80.055 - 12.80.120(DOCX)
Attachment F - 19.70 Temporary Use Permits (DOC)
Attachment 1 - PC report (PDF)
Attachment 2 PC Minutes 3.18.15(PDF)
Attachment 3 Display DCA(DOC)
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I ORDINANCE NO.
2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ADOPTING DEVELOPMENT CODE AMENDMENT 14-20
3 AND AMENDING TITLES 5, 12 9 AND 19 OF THE SAN BERNARDINO MUNICIPAL
4 CODE TO MAKE MINOR CHANGES RELATING TO PERMITTING
REQUIREMENTS FOR TEMPORARY USE AND SPECIAL EVENTS.
5
6 WHEREAS, the current Development Code was initially implemented in 1991; and
7 WHEREAS,the current General Plan was initially implemented in 2005; and
WHEREAS, on March 18, 2015, the Planning Commission of the City of San E
8 a.
Bernardino held a noticed public hearing to consider public testimony and the staff report
9 recommending approval of Development Code Amendment 14-20 and recommended �'�
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approval of the proposed Development Code Amendment to the Mayor and Common
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11 Council; and N
12 WHEREAS, notice of the public hearing for the Mayor and Common Council's
13 consideration of the proposed Ordinance was published in The Sun newspaper on April 4,
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14 2015. ti
15 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE M
CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: c
16 s
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SECTION 1. The Mayor and Common Council find that the above-stated Recitals
18 are true and hereby adopt and incorporate them herein.
19
SECTION 2. Findings of Fact. o
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21 1. The proposed amendment is a clarification to Titles 5, 12, and 19 of the San E
22 Bernardino Municipal Code to make minor changes among code sections, relating to
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23 permitting requirements for temporary use and special events. The proposed amendment
24 represents a coordinated and inter-related set of regulations. The key features are as follows:
25
a) Repeal certain provisions in Titles 5 and 12 as shown in Attachments A, B, C, D
26 and E. The proposed modifications would delete unnecessary and conflicting provisions from
27 the Municipal Code;
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. 1 b) Amend Development Code Chapter 19.70, Temporary Use Permits as shown in
2 Attachment F. The proposed modifications would streamline and clarify provisions for
temporary uses and special events throughout the City.
3
4 The proposed amendment will create a comprehensive, streamlined, system for approving
5 permits for temporary uses and special events in the City and would streamline and clarify
6 regulations regarding temporary uses and special events, consistent with General Plan Policy
7 2.10.1: "Adoption of ordinances and standards for implementing General Plan land use
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8 designations, especially through the Development Code." a
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2. The proposed amendment by itself will not directly result in new development and W
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therefore, will not be detrimental to the public health or safety. The proposed amendment will a
11
eliminate inconsistencies found throughout the Municipal Code. These revisions would N
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12 enable the City to effectively and efficiently process permits relating to temporary use and
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special event applications. Further, the proposed amendment would create a structured process o
14 that would replace the current less structured approach to processing temporary use/special ti
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15 event permitting, thus improving the public interest, convenience, and welfare of the City.
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17 SECTION 3. Development Code Amendment 14-20, attached hereto as Exhibit "A" d
18 with Attachments A, B, C, D, E, and F, and incorporated herein by reference, is hereby U
approved.
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SECTION 4. Compliance with the California Environmental Quality
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22 The Mayor and Common Council finds that Development Code Amendment 14-20 is Q
23 exempt from the California Environmental Quality Act (CEQA) pursuant to Section
24 15061(b)(3) of the CEQA Guidelines,because the effect of the amendment would not result in
25 a significant direct or reasonably foreseeable indirect physical change in the environment.
26
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I SECTION 5. Severability: If any section, subsection, subdivision, sentence, or
2 clause or phrase in this Ordinance or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
3 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
4 part thereof. The Mayor and Common Council hereby declares that it would have adopted
5 each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
6 clauses, or phrases be declared unconstitutional,invalid, or ineffective.
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1 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ADOPTING DEVELOPMENT CODE AMENDMENT 14-20
2 AND AMENDING TITLES 5, 12 ,AND 19 OF THE SAN BERNARDINO MUNICIPAL
CODE TO MAKE MINOR CHANGES RELATING TO PERMITTING
3 REQUIREMENTS FOR TEMPORARY USE AND SPECIAL EVENTS.
4
5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a meeting thereof,
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held on the day of , 2015,by the following vote to wit: E
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10 Council Members: AYES NAYS ABSTAIN ABSENT i
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11 MARQUEZ N
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12 BARRIOS
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VALDIVIA °
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SHORETT M
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16 NICKEL o
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17 JOHNSON m
18 MULVIHILL
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21 Georgeann Hanna, City Clerk E
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The foregoing Ordinance is hereby approved this day of ,
23 2015.
24
25 R. CAREY DAVIS, Mayor
Approved as to form: City of San Bernardino
26 Gary D. Saenz, City Attorney
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28 By:
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Exhibit A
Municipal Code Title 5, 12 and 19, Relating to Permitting Requirements for Temporary Use
and Special Event Permits is amended as follows:
1. Repeal provisions in Titles 5 and 12 as shown in Attachments A, B, C, D, and E.
The proposed modifications would delete unnecessary and conflicting provisions
from the Municipal Code.
Attachment A -Repeal Sections 5.04.505 and 5.04.507
Attachment B - Repeal Chapter 5.42 E
Attachment C—Repeal Chapter 12.56 a
Attachment D—Repeal Chapter 12.64
Attachment E—Repeal the following Sections of Chapter 12.80: w'
Sections 12.80.055, 060, 070, 080, 090, 100, 110, and 120
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2. Amend various sections in Development Code Chapter 19.70, Temporary Use o
Permits, as shown in Attachment F. The proposed modifications would
streamline and clarify provisions for temporary uses and special events
throughout the City.
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ATTACHMENT A
5.0-4.50-5 Temper-ary display and sale of art artides
B, "Temporary" as used in this seGfien means sSUGh displays and sales whiGh ara
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leather aFt GraftS ---d other similar items. GlothiRg or wearing apparel of any kiRd
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by ',-,'-,e GertifiGate holder under this Artide and shall be the work preduGts of his or
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5.04.507 Temper-ary exhibitions, shows or displays EnGIOS
mail or shopping center
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S-heppiRg GeRt8r iR exGess ef 500,000 square feet, the fee shall be establish 0
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ATTACHMENT 6
Chapter 5A-2-
OUTDOOR ENTERTAINMENT
5.42.010 GirGUS, rodeo, > or other exhibition
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5.42.030 Approva Gense by Chief of PoliGe E
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GounGil. r the eperater shall be responsible fGr and shall tender the established �
fees puFsuant te SeGtion 5.04.370 of this Code for all individual feed booths, M
Fides,attmGtions and other GGRGessiens to be operated under midway
Lf shall be tendered at the tome payment for the liGense is sought, eXGept that, where an r
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(Or-d. MG-7-43,?0 08 90; Ord MG 588, 4 2287; Ord. "G 522 5 20-8a) LO
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5.42.020 Filing of written appliGation
Any appliGaRt for a "GGRSe URder this seGt*()R shall first file a WritteR appliGa T
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of Ots owner, where SaGh h'�d.°ri'ness is tce be Go�'nduGted if aR afRrnua4 i
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ImGeRse is sought fer -- 1- V-@Fm(AJS+� d
be—Subier_t to review by the Chief of DnliGe ' as too apprepriatte �eGtrtric�r �
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ATTACHMENT B
5.42.030 Approval of license by Ghief of PoliGe
The Chief of PeliGe Shall Gensider eaGh appl"GatieR, and Of satisfied as to the
M94 GharaGter and integrity ef the appliGant, and that the site proposed �s
properly zoned and suitable fer SUGh purpose, he or she shall gFaRt appFGVal of the
liGense applied for, under SUGh GOnditiens as he or she deems appropriate.
Gonditiens may provide that the G.hi-ef Of D-I;-e shall have the pewer, UPOR fiRd
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that at ny �tion of the iGen�Je_isnot hbeiRg nmmplied with nr that the r+nnrl,eG a
the event is GondUGted in v'olatmen of Sta 1-w —,in Gipal ordinanGe, to
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"._I..Gnse_Roefore issuing any s„ch permit, license or othe-r W
perm 0 ssien to departments affeGted by the proposed aGt"Voty, and Gensider the reGE)mmeRdatiens
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Of SUch departments. The Chief oDlri��c,I r also require, prier to the g ru n t i n g of �
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contained in certien F n2.010.
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(Orr! nor 588 4 77 87; Ord. MG 522 5_70_W p
5.42.040 Annual GitFUS fair
The regulatory provisions of this seGtion, but not the revenue prov.-sle-RIS N
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thereef, shall apply te aGtivitmeS GendUGted during the aRnUal G*trUS fair held un >
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the a„ nice of the National QFaRge Show OR its show pro, RdS. w
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5.42.050 Appeal of deGision of Chief of POIOGe
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/env applicant aggrieved by the decisiop of the Chief of Deliee with reference to the C
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permit, may appeal to the r
(tee moil ip aGGE)rd@RGe with the prrwicianc of Chapter 2.64.
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prier te the date en wNGh the eveRt is sGheduled, the apploGaRt may, at Ws or h
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option, request an appeal before the City Administrator. The City AdmiRistrater,
his er her desigRee, shall hold a heaFiRg RG later than two business days afte
filiRg of the appeal, and will render his or her deGiSweR ne later than GRe bUSORe
day after hear*Rg the appeal. if the appeal is heard befeFe the Gity City ,
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Genditions ,Pan approval which the Chief of Police could have impnsert
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ATTACHMENT B
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ATTACHMENT C
Chapter 12.56
PARADES6
S eGtfans:
12.5 68a A Definition of paral
1 7-ez 5 6 0 20 Permit re q
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12.56.030 0 Interferenne parade E
12.56.040 Permit app"GationpFOGedure L
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12.56.060 Conditions to permA LU
12.56.070 issuanGe or denial of permit U
1-2-:-5�6.08 t Alternn}iye to dennwal Q
12.56.090 Appeal O
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12.5-r v 10v Contents of permit �
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12.56.110 RevOGation of permit
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ATTACHMENT C
12.56.010 Definition of parade
vehides, or any combination thereof, on any Gity street, sidewalk, alley er other pub!MG-
pedestrian or yehir+„Inr traffiG nr Ives
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not eemphi with trnffiG laws or nentrels
The rlofinitinn of parade dee not ipol„rle the folleWinn• w
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to sidewalks and GrOssing streets only at pedestrian GFE)Sswalks or street Gerners
n aGGerdanGe with traffiG regulations and GORtFOIS, previded that pedestrians
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partiGipating-in the parade shall Gress streets ffiR URitS of fifteen er fewer perSORS ,
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and allow vehIGIes to pass between s„nh „nits N
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preperty fer whinh another type of Gity permit is ebtoinerl N
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12.56.020 Permit required .2
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written permit first having been sen„rerd from the Ghief of Doline Lq
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12.56.030 interfer-enGe with parade U)
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of any terms of the permit for the parade-, je-ii.n. ---. partiGipate 'R any permitted parade
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er orderly GGRduGt of the parade-.
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ATTACHMENT C
X n�i�r_r perseen desiring to eenrdl)et a parade
at the OffiGG of the Chief Of PEAGe REA less thaR teR werkiRg days Rer more thaR 4x
MORths before the date eR whiGh the parade is proposed te be GORdYG-ted.
aR appliGatiOR—is—filed after the fiIi�rrRg eadliRe, the Chief nvr�pGHGe shrQiIr ry.
immediately irivestagate to determiRe if he or she has SUffiGient time to PFGGess the
that the GwFGUmstanGeS_ glVIRg rise te the parade did net reaSE)Rably allow L
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part"GipaRtS to file for a permit within the time preSGrdbed and that imposition of
the time ibmitatiori would YRr aSGRably restriGt the right of free speeGh. if Swr__h
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days'he or she shall issue a permit despite the laok ef teR O advanGe N
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12.56.050 Contents of permit appliGatio-n
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A, The annlination for a parade permit shall nrovirde the folio n �
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4, The 1 address, and telephone number of the appliGant, sponsoring d
ergaR ) the parade Ghairperson,
Chief of PGliGe may require a mvrttPip 11th riz tiarr^vnfrem aR ^vm'cerF Gf the iq
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statement of the nature er nl Irnoge of the event V
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The date and the estimatod starting unrd enrdiRg time of the parade.
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area,4, The !E)GatieR ef the pFopesed parade assembly area, and the U
route pFepesed fer the parade.
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EaGh fleat shall be deSGribed OR terms of its width, height, power seume, and
speed. The RumbeF of partiGipants wR eaGh marGhdRg unit shall be giveR arid
any SOURd aMplifyiRg equipment prepesed for use shall be deSGribe Y
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ATTACHMENT C
B. Copies of the parade appliGatien shall be furnish,ed by 11,he Chief ef P014% to the
City AdMIRistrater, Fire Chief, any affeGted tFaRS4 GempaRy, and other City
departmeRtS or entities that wili be affected by the parade. Based OR e
d nfermatien supplied, the Chief of PEAGe shall determine and have the power te
reosonAhly nenessary to ens
the safety nntc speGtatters nerd nnline N
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minimum_in}_orferenGe with business of the nubk a
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12.56.060 Conditions to permit
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As a Gendotien to granting a parade permit, the Chief Of PGIdGe may impese
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parade, the area and d'
MaRRer of assemb'iRg and disbandiRg the parade, the route and SPaGiRg of all units, the
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maximum IeRgth of the parade, the maximum and minimum speed, the steps O
permitted,
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property and for Gentrol of traffic. The Chief of PeInGe sh.all V —P UnIJ-FM regulations fo
parades, whiGh shall be submitted te the MayeF and COMMOR GOURGil fer their approvaL.
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12.56.070 issuanGe or denial of permit
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IR aGGerdaRGe with standaFds URifermly applied to similar GeRditiORS, the Chief ef
PeIhGe shall issue the permit G9Rd4iGRed upen the �.
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with aRy terms of the peFmit, unless the permit is deRied OR aRy of the fe!'GW*Rg greuRds:
A-. An appliGatiOR reGeived prier in time has beeR appFeved for the same time a ,
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PIaGe—requested her the annliGant or at a ti„^ne aR d plaGe se Giese as to Ga„se �
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seFViGes for teeth events ++
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B, The time, route, er soze ef the eVeRt Will substaRtially interrupt the safe and erde4y
moveMeRt of traffiG iR GeRtigueus areas (Dr will disrupt the use of streets at a time
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of usual troffiG Gonnestien
G, The GGRGeRtratieR ef persons, aRimals and vehicles for parade purposes will
prevent proper neIiGe, fore, nr omrhcrla-n enine to Gnntig in„ areas
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ATTACHMENT C
D. The parade is of a size er nature that requires a diverSiOR of se great a n, mher A
POHGe effdGerS W pelic-e the line of MarrUh and GeRtiguous areas that it Will prev
reasonable police protection to the remainder of the rite
E. The leGatmen ef the parade will substant4ly interfere with GGRStFUGt!E)R 9
muintonunee work srnhedi pled Upen or along the Gity streets er will interfere vv-th-n
preyiei sly granted eRGreanhment permit 6n
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F. The time, route and size of the parade will unreasonably disrupt the
a
movement of other traffie �
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furnushed is found te be intentienally false in any material detail er the appliGant
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ipforMatien that is req aired (V
H. The appliGaRt fails or refuses te GGMPIY with aRy Genditien reasenably imposed
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_granting E)f the permit in order to eRSUretq_o safety of eVent parFinip nts N
mbers of the Pel"Ge Department er the 1�
, orderly flew 0 co
traffiG, eF te aveid the Ikeliheed of harm te public- er private property, pFovided th
unreasenably iRterfere with the right of free speeGh.
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(Ord, IVIG-522, 5-20 96-) �
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12.56.080 O
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When the greURds for denial of an appliGation Gan be Gerreded by altering the date,
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time, e route, of the eVeRt, shall,
of Gendifiens ef permit Thp r_enditmeRS imposed shall provide Only fer SuGh
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S00�e�,e R-12�-97-8 `II
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(Ord. MG 522,-_5.08) it
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[Return to Municipal Code Contents]
[Rev. October, 2014] 12-54
Packet Pg. 306
6.A.e
ATTACHMENT C
12.56.090 Appeat X Any applicant aggrieved by the deGi;Sm0R of the Chief of PONGe with referenGe to the
Go Ind in with h the provisions of Chapter 2.64.
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B, if themiS 1ASUffiGment tame for a timely appeal to be h8aFd by the GemmEm COURG4
prior to the date on whinh the event is SGhouuled the annliGant m at his n h
eptien, request aRappeal before the City Administrater. The City E
a�
Administrator, ef ca.
his er her designee, shall held a heaFiRg ne later than twe business days after t
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filing of the appeal, and will render his er her deGhS"E)R n() later thaRene business
day afteF heaFing the appeal. if the appeal is heard before the City Administratef-,
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aRy GORditions upon approval whiGh the Chief of PO'mGeGC)Uld have imposed,
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((Drd. M-G 522-1-5-2 S2F)
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12.56.100 Contents of permit
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in eaVh permit, the Chief D9I*re shall nreSGFihe-
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f Y The date, time, .- I ate, I,.Gatien; O
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B GE)R --e,-Gerrrnrmg time and—ptaGe —ef assembly, '+
staa�- ,, fi'nr i-i--and
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.T��he nnrtinn of to he traversed; U
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.t Req Iirements for first aid or se.nitary facilities,
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safety;
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[Return to Municipal Code Contents]
[Rev. October, 2014] 12-55
Packet Pg.307
6.A.e
ATTACHMENT C
1 RectrintiGnc en use of amplified sound; and
....�... amplified .�vu1�Q�-c�i rc`
of percnnc and property.
(Or-d. "n22-520 961/
12.56.110 ReVGGatien of pen:nA N
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Any permit for a parade issued pursuant tG this Chapter may be summar-4y
revoked by the Cit., Administrator er Mayor and COMMOR C9URGil at any time er by th-e. >
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Chief of Peke on the date of the parade when 'Dy reason of a presenter prospeGtove
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disaster, r 1 o d
the previsiens of this sZ
N the permit shall be reinstated as en as the Gendmtl()Rs
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Chapter, N
Gnnctituting the emeryenG have abated �
v..♦..w t.. X11 have abated.
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(0—rd. MG 522,5 20 86) U
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12.56.120 Deposit- Rarrinact-o c
The speRser ef an event desiring use ef barFiGades shall be required to prGvide a 0
depesit prier to the issuanGe ef the parade perm4. The depesit shall be in the ameun
established by reselution adepted by the Mayor and Commen GOURGil.
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(Ord. r r e 5-29 86) LO
12.56.130 indernnifiGation agreement N
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Cn the permit app"GaRt and autheriz
permit, U
OffiGer of the SPE)Rsering Y
1 1 Must Sign an agreement whiGh shall pmvide
that the peFmittee/spenseriRg ergaRiZatiGR shall defend the City against, and indemnify
E
and hold the City harmless from, any liability te any peFSGRs resulting frem any damage
er injury in GonReGtien with the permitted event proximately Gaused by
the aGtiens of the permittee/sPeRSGring W
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er any person whe was under the permffittee's/sPORSGring 1
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as permitted by law. PersGRS whe
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Ord. MG 52220-867
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[Return to Municipal Code Contents]
[Rev. October, 2014] 12-56
Packet Pg. 308
ATTACHMENT C
12.56.140 insur-anGe X The appliGant/sponser of a parade must possess or obtain publiG liability insuraRc;e
to preteGt against the less from liability imposed by law foF damages OR aGGOunt--of
bodily injury and property damage armsiRg from the parade. SuGh 4RSuranGe shall na
r
duration of the event E
Coverage shall be a GOMprehensive general liability insuranGe poky. The minimi
limits requiFed shall be one million dollars for eaGh 0GGUFre_RGe of bodily MRjury and w
twe hyRdred fifty thousand for eaGh 9GGUrreRGe of Property damage.
if food Or Ren-a!Gc)he'iG beverages are sold or served at the parade, the pelmGy Must
also indude aR eRdersement feF produGts liability in an amount of net less than #Ve
huRdred thousand dollars. If alGohek beverages aFe sold or served at the L
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parade, tC
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less than five huRdrou thousand dollars N
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must be filed with the DmreGt9F of Human ResewFGes net less thaR fmve days be
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the date of the paFade unless sand Director for good Gause waives the filing deadline-.
The parade peFmit shall Rot be issued by the Chief of PEAGe until after the
filed by the apploGaRt/Sponser and approved by DireGto-� U�
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Q The iRsuranGe requiFements of subSeGtions A and B above shall be waived by the, r
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Ghmef of PON% for parades Of the f0lleWiRg Genditiens are satisfied:
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statemeRt that he or she beloeves the parade's purpose is First Amendment
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eXpFess s
,and that he eFshe has determined thatthe GGSt of obtaining insuranGe U
eR the right of First AmeRdMeRt expression, 9F that it has beeR impossible tG
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of one in verage --e-RtaGted to
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(Qrd. MQ 1027, 9 09-98; Ord. MS 522, 5-29 86)
[Return to Municipal Code Contents]
[Rev. October, 2014] 12-57
Packet Pg. 309
6.A.e
ATTACHMENT C
ate$
Penaltcos
Any persen violating any pmvisieen of this Chapter is guilty ef an iRfraGtion,
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of SeGtiOR
, is uRishable in aGGOrdaRGe with the
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1.12.010 of this Cede. GFiMhRal PFOSeGutqen for a vielatmen ef this Gh-apter
a.
does Ret predude the Gity fro.- ' suing any available GiVi! remedies aFiSIRg
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from any antdV*ty regulated by this Chapter. W
(Ord. MG 522, 5 220 �
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[Return to Municipal Code Contents]
[Rev. October, 2014] 12-58
Packet Pg. 310
ATTACHMENT D
Chapter 12.6-4
MOTION PICTURE AND TELEVISION PRODUCTION PERMITS
QeGtlenQ
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12.64.010 Purpose
97 6n 015
4'J 64.020 Permit required �
12.64.030. Exemptions
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12.64.048 A p pl+6 a#ion form' o.
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4-2.64.060 Granting - Denial
12.64.070, E=eE?& �
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12.64.075.7 v Reimbursement for Personnel
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12.64.080. Liability Provisions
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1� vTV90 W$litle1}S- �
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12.64.100.Gr ._ , Desinnated effiner Q
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predUGt;OR industry te utilize the variety of baGkdreps afferded within the City of San
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of this Chapter te provide feF Fules and regulations goveFRmRg the iSSUiRg ef permits fef
MOtOOR P;GtUre, television or still phetography en IGGatiGR within the Gity iR erde-F to ensure
reStriGted SE) IeRg as their aGtivities "R this regard aF8 R9t iRGensisteRt with GGRSidepati
ef the publiG health and safety and the preteGtleR of property.
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6.A.f
ATTACHMENT D
12.64.015 Defon*toons
A, „
attendant to staging er shooting GOMMeFGial motien pictures, television shows or
programs, and GommeFG'a!S, en film or videe tape, or by aR.y available
B, "Charitable films"
or still photography pre-dUGed by a ROnprefit N
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of the film nr frnm shOWiRg the films tomes nr photegronhs =
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G, "News „shall mean the or videe taping for the purpose ef spontaneous-,
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(Ord MG 746, 10 17_9(1) N
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1 7 64 020 Permit Required V
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the City Mor,orver. O
B, No permit shall issue befoFe SUGh time as the appliGaRt haS GOmpleted a pFeper
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authGrized to issue a filMiRg and�er still photography permit to aRy app"GaRt fuifillipg
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the requirements of this Ghopter Q
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6.A.f
ATTACHMENT D
4 7 R/I 030 Exemptions
The PFOViSiORS ef this Chapter shall not apply4o-L
A, The fiIFniRg or video tapiRg of motion PiGtUres or stHl photography, whether by a
private individual Or a GGMmerdal phetegrapher, selely for private or family use;
B, The filming or taping of metion PiGtUres or still photography for use in a Grimin
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inve tiga+inn OF nivil iUdinial or administrative nrnneedings• E
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G, News Media: Filming, televising, taping or still photegraphy by reporters
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established or fixed nlane of business in the Qfii• 4
E, GhaF4table films: No peFmit fee shall be required fbr projeGtS whiGh qualify 61
SeGtien 501(G)(3) ef the internal Revenue Code; previded, r
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required by this Chanter shall be required "
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42.64.040 AppliGation Form
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shall ingl„r•le the fnllewing information• N
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A, Full Rame of appliGaRt;
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R„siness name of onnlinont•
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i, Business addFess of annliran+•
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Qoenifio Innatinn/s\ at whinh the antnnty is to he nnndUGterJ•
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Date(s) and time/s\ „nh antiVity Will transpire;
make, all , its agents or
employees will nark on City streets or narking lots during filming•
,
Packet Pg. 313
6.A.f
ATTACHMENT D
of „nh aGthnfir
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I w nt ni,mhor of norsnnnol to be involved;
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I Use o of any animals or pyroteGhninS• anr1
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12.64.050 Time for- Filing A pliGation L
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pr-
AR appliGatien shall be presented to the Gity AdMiRiStratOF at least tWG (2) working
days iR advanGe for approval and issuaRGe unless extended as follows:
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tt minutes,
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Stunts or cnor+ial offeGt&
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9, Ten (10) werkiRg days ; dvanGe for a read ti
h
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12.64.060 Granting Denial
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aGtiVity unless he or she determines that the propose- use will unreasonably
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the property, OF Will URreasenably affeGt OF interfere with the use ef ReighberiRg property
by the eWRers or eGGUPaRtS thereef. if the appliGatieR is approved, the Gity Administrate
shall attaGh SUGh GGRditiORS to the permit as he or she finds are ReGessary to assure that
the a6tivity will not Unreasonably interfere with the use and eR oyment of neighboring t
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publiG and private property. U
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17 Gil 070 Fees >_
Fees for the issuanGe of permits required by this Ghapter shall be set by resoluti
of the Mayor and GeMMeR GounGil.
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(Ord IVIQ 746 10 17.9!1. Ord I/If 466 7_1G 85)
Packet Pg. 314
ATTACHMENT D
1 7 Rif 075 Reimb ursement for Personnel
The appliGaRt shall reimburse the i eerseenneell provided (i.e., , fire
(Ord MG 746, 10 1 7_90)
12.64.090 Liability Provisions
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A-. Liability !RSUFarlGe. No permit may be issued unless the appliGaRt first provid
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name the City as an add4ional Insured, and shall indemnify and preteGt the W eMpleyeeS and represeRtatives from liability for uses as provided
its RS
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in the permit with limits of not less- than OneMwIlwGRDoliars N
($1,000,000) >Z
injuries, iRG!UdhRg aGGideRtal death, OR aGGeunt of any one OGGu rreRGe, and in N
amount of net less than Orle WIN ellars ($1,000,000) for property damage OR
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aGGGunt of any one eGG-urreRGe. The GeFtafffiGate shall net be subjeGt to canGellati d
ormedifiGatmen until thirty (30) days after written nOtiGe to the City. AGOPY Of
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reFfifiGatey shall .remain on file in the City Ar mirlirctratnr'c (lffino
Federal and State requiFemeRtS for Workers' Compensation IRsuranGe ti
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nercenc enerotlnn under o permit O
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G-. id Harmless Agreement. An appliGaRt shall exeGute a hold harmless ag-reeme-n-t
as provided by the City prier to the issuanGe of a permit under this Chapter.
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9-. Faithful PerformarlGe Bond. To ensure Gleanup and restoration of the site, an-
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appliGant may be required to post a refundable faithful performarlGe bend in
amount to be determiRe-d at the time the appl.GatmeR Ps submitted. Upon Gompleti
of the filming aGtiVity and *RSPeGtiGR of the site by the City, the b9Rd may be return
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el G. .4 y be waived er medifi
the Q.tv Admdnistrater ef he or she fonds that the proposed aGt'Vhty involves z
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rn nimal or no risk to persons or property so as to warrant a waiver or redUGtieR ir�
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,nCl IraRGe req llrements
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6.A.f
ATTACHMENT D
12.64.090. Violations
X if a person violates any PrE)ViSiOR of this Chapter er a permit issued pUrsuaRt the City AdMiRmstrater may forthwith suspend or revoke the permit.
& ARY perSeR violating any proviSIGR of this Chapter ds guilty ef an wRfraGtion, whiGh
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thereof,
1 1 7 n1 n i
G hcar+inn R of+hic ('nrda d
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17 6A 100 Designated nffinor �
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under the t'....... .f this Chapter. The Gity Administrator, er is or her 3'
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granting ef a permit, and, after the granting ef any peFmpt, shall GeerddRate all Got O
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,.,nd to ,o „e c„nh ether t sera-, permit as Mayer and ('nmmnn (�n„nni •(D
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Packet Pg. 316
6.A.g
ATTACHMENT E
Chapter
12.80
PUBLIC PARKS AND RECREATIONAL FACILITIES
Sections:
Y
12.80.010 Short title
12.80.020 Definitions
12.80.030 Use of parks and buildings exclusive w
12.80.040 Permit- Required when group exceeds twenty-five persons
12.80.050 Park and recreation sponsored classes - Permit required a
12.80.055 Consumption of Alcohol in a Public Park - Permit required
12.80.060 Application for permit N
12.80.070 Issuance of permit
12.80.080 Denial of permit
12.80.090 Right of appeal of denial of permit or conditions h
imposed on issuance of permit
12.80.100 Fees and deposits r
12.80.110 Liability .0
12.80.120 Displays and sales
12.80.130 Park regulations o
12.80.140 Violation - Penalty
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12.80.010 Short title T
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The ordinance codified in this Chapter shall be known as the "parks o
and recreation ordinance." N
(Ord. 3326, 1-03-73) _
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12.80.020 Definitions
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For the purpose of carrying out the intent of this Chapter, the following words,
phrases, and terms shall be deemed to have the meaning ascribed to them in this section:
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A. "Amplified sound" means speech or music, projected or transmitted by electronic ¢
equipment, including amplifiers, loudspeakers, microphones, bull horns or similar
devices which are intended to increase the volume, range, distance, or intensity of
speech or music and are powered by electricity, battery, or combustible fuel.
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B. "Building" includes any building, or portion thereof, under the supervision of the
Parks and Recreation Department of the City.
Packet Pg. 317
6.A.g
ATTACHMENT E
C. "Director" refers to the Director of the Department of Parks and Recreation.
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ATTACHMENT E
D. "Park" includes all grounds, roadways, avenues, park facilities, municipal parks
and playground areas, or portions thereof, under the supervision of the Parks and
Recreation Department .
E. "Permit" means a permit for exclusive use of any park or building, or portions thereof,
as provided for in this Chapter. E
n.
F. "Person" means persons, groups, associations, partnerships, firms or corporations
unless the context in which such word is used indicates the singular word person w'
was intended. 19
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G. "Inline skates" mean skates which are attached to a boot, shoe, or other footwear
to be worn by the skater. N
(Ord. MC-1185, 10-05-04; Ord. 3326, 1-03-73) U
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12.80.030 Use of parks and buildings exclusive M
The City's public parks and buildings, or portions thereof, may be made available =
for the exclusive use of persons subject to the issuance of a permit by the Director as •N
provided for in this Chapter.
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(Ord. 3326, 1-03-73) c
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12.80.040 Permit- Required when group exceeds twenty-five persons N
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It is unlawful for any group of persons, firm or corporation, society or o
organization which anticipates an attendance of more than twenty-five persons to 0
conduct any picnic, celebration, parade, service or exercise in any public park or
building or use any park facility, without first obtaining a written permit from the Director o
as provided for in this Chapter.
(Ord. MC-460, 5-15-85; Ord. 3326, 1-03-73)
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12.80.050 Park and recreation sponsored classes - Permit required E
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It is unlawful for any person, firm, corporation, society or organization to hold Q
classes, courses of instruction or any activity where a fee or any form of compensation
is charged or anything of value is obtained in a park or building, except in accordance E
with a written permit issued by the Director for such classes, courses of instruction or
activity sponsored by or approved by the Department of Parks and Recreation pursuant
a
to the provisions of this Chapter.
(Ord. MC-460, 5-15-85; Ord, 3525, 9-10-75; Ord. 3326, 1-03-73)
Packet Pg. 319
ATTACHMENT E
12.80.055 Consumptio-n of AlGohol on a PubliG Park Permit required
beverages may be autherized by written per.m.it from the Gity Manager Gr his
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medified gr summarily reveked at aRy time by the Mayer, GeMM9R GeURGil, City >
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Manager er (chief of Reline without prior Refine er hearing
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under this sestien shall file an applination for same with the Direnter pursuant O
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set forth in the appliGatien at a minim„m L)
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offer, give er furnish alGeheliG beverages duriRg the ev ti
desnriherl in the applination for permit
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the manner for Gentrel of the distribution of alGehel at the event and �
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(44 s„r•h additinnul as may be required by the City nnr+nr.ner er OR
his esinnee N
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6.A.g
ATTACHMENT E
12.80.060 AppliGation for permit
te SeGtiens 12.80.030, 12.80.040 and 12.80.050 shall file aR appkatiGR feF SuGh permit
with the DmreGter, net less th;-4R teR dayS, RGr more thaR Rinety days, prior to the prepes
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A, The Rame of the orgaRiZatiOR; the name, bUSiRess , W
the nronnsed aGti ty; U
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v• thereof, N
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The starting and nishinry time of the nrnnnoarl aGtivitii•
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N 9, The number of people evneGted to atteni-l• �
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E, AdditiGRal City faGilities r
requested, 1 C
tables and Ghairs O
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park, the nature and duration of the use Of SUGh equipment aR4 r"
the Rature and duration of the use of any amplified sound; O
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G, Estimated number of narking snaGes required; ![)
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for the Glasses nr Gol Irses of instn IGtion 0
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4-. S`_I_Gh `her infE)rmativn as shall No rogl sired by the Dire Gtr)r �
VU L.IUII V4 i../y the II VVLVI 1
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Lnrr•l 3525,9-10 7-5; Ord. 33226 --83-7-a c
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ATTACHMENT E
Adw
12.80.070 issuanGe of perm;
X The DireGtor shall grant or deny suGh appliGatien witWR five working days after
its subm'ssion unless the time for SUGh granting or denial of the permit has be
ThQ granting or denying the appliGat'
shall he mailed to the nnnliGant E
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permit,B-. UPORthe granting of any c
and GondltiGRS GGRGern;Rg the use- of the park Gr building, as neGessary, te
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theho_np fopecedaGtiyity and use will not unreas nably interfere with er cretraGt Rg
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from the pre eoe health safety and renrertinn U
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G-. A permit issued for the use ef a building, or part thereof, shall Gentain the Gles�Rg
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tome. r
applied.
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ding, the DhreGtor shall indiGate on ti
the permit The onnl lnonGy Inert of the building. .M.
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by the Chief of Poke or his
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designee, �
tome and plaGe prier te the proposed aGtiVity, whiGh time and plaGe shall be set O
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by the Chief of PGliGe or his designee. The appl;GaRt shall, within the im.pe Ilimit N
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-ludding their names, ad-dresses and telephene numbers. The appliGaRt may, a C.
his eptien, provide pel"Ge reserve personnel er duly IiGeRsed private O
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inctoer) of nrnlnlrl GO R491 mnnitn ro in the numbers approved h.. the /"'4,ir.f of P..G.... N
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in the event that the appldGaRt provides pellGe reserve peFSeRRel, er duly InGensed
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F-. The Direder May grant the use of a permit for a different park than the One apphed
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fer, the GeRsent of the apploGaRt, in the event that a permit has already been d
ssued for the requested park, er when SUGh requested park dees net meet the
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needs ef apploGant or is etheRNise deemed Unsuitable fGp the purpose of the
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ATTACHMENT E
G. in the event the permit app!wed for is forthe purposes of holding OrGendUGting Glasses,
of Parks and ReGreation, LApen or in a park, building or ether pub!*G PrO--'+�'
the Glasses OF GeUrses of inStFUGtiOR or aGtivity and that the program Of Glas
tablished and approved by the Department of Parks and- in the
event it ms se N
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determined, Ill
allowed or permitted for the program shall be the fees Gharged for the Glasses or
Gourses of instrUGtmon or U
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, and the DireGtor shall establish appropriate fees to Q
be Gharged as a Gonditien to the *SSUaRGe of the permit. in establishing the fees, the
D;reGtor shall G9121sider the fees Gharged for GOMparable City Department of Par
and ReGreatiOR sponsored programs and the O
N length and type of Glasses of
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nature, T
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X The DireGtGr may deny the appliGation he fonds that any of the following >
ronditiepc evict• U
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4, That the app!*GatieR reveals that the Gity has Re park or building whiGh will N
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onnoMME)date the nntiVity of nnplinant; N
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reserve off 0 Gers must be SpeGifuGally Galled to O
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duty, beGause the proposed O
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aGtmVity is of a size er Rature that the diversiOR of so great a number of PGI*Ge
er reserve Off"Gers to properly PGliGe the area is required that the remainder of
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the City will he without adequate_ p9liGe preteGtion; O
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rnniJitinnc in the permit•
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4-. That the appliGant failed to file an app!;GatmOR withiR the appropriate time limits;
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ATTACHMENT E
6 That tie—applIG E)F eFganiZatl9fl—has violated S@E'fB.n 1`�c.80.1.3-_ry
OF GGRViG#e4P,
7. That the appliGant or orgaRizatien has failed to pay the Gity fer past darnag
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building, _
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paFtiGipants, ) staff,
facility e l l eeipment er hl lildine•
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iRStFl lotion nr aGtivity en Gity nrnnorty for fens for any nrnrvrr+m not annreyed N
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Gity's Department of Parks and r
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rmits issued pursuant to the prevision of this Chapter;
e�i�r .,,..� .�
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!I. if the requirements of this Chapter and all ether laws not .--+,mot O
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B. The D;reGtE)r shall speGify in writing the grounds fGr the denial Gf the peFmit.
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12.80.090 Right of appeal of denial of permit Or Genditions
d an issuaRGe of per-m# LO
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issl lonee of o permit by the director, to the City dminist ptnr N
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B-. The appliGant must file the appeal with the Gity Administrator within five days ef
the Y
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within three days of the filing of the appeal, at the OffiGe of the Gity I Y
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at whiGh time the appliGant may present any and all evideRGe, testimeny, and E
infnrmetinn releVaRt to the applinetinn
heuFs of the appeal heariRg, issue his deGiSOOR, either affirming the denial Gf
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the ' U
permit as applied Y
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Packet Pg. 324
6.A.g
ATTACHMENT E
appeal us taken on the conditions imposed by the Director of Parks and ,
the City Administrater shall withiR twenty feur houFs ef the hearing, issue
issue the permit with amended GOO ditions
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D__Th.e a inn of the Gity Administrator shall he find anal i
binding; provided, E
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the Mayor and Common COURGH reserves the pGwer to overrule or modify SUG14 a
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rdeoision pnrd to issue or rdeRy the permit O
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12.30.100 Fees and deposits
A, UPOR gFaRtiRg Of a permit under this O
N
Chapter, aRy feeS or deposits required for P
the use ef City perSORnel, parks, buildiRgS, eqUipMeRt, and faGilities shall be paid
by the appliGaRt to the DireGtE)F RG lateF thaR three werking days before the date V
N
the aGtiVity is te be h
held. the fees or deposits aFe not paid eR er by the third day 1�
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held, - v
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previded, at aRy O
time prior to the propese(d ,ice O_
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B, The Mayer and Gemmo-n GounGil shall establish by resolution a fee SGhedule foF
the use ef the publiG parks and buildings and fer the FeRtal or use of d
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faGilities and peFSE)RRel. Copies ef the fee SGhedule shall be made available to the O
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n,,blin by the Department of Darks and Renreation N
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Waivers and Exemption O
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4, The foliewine pre,rps shall pay nn fees for a permit:
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����... �...��....,,,y .,�.....,�..v shall v vv.� ,v, u N�..,,r,n. N
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Parks, /� O
a, Darks,T= eCre ten--aa}d Cvmmi�narric�—d°erviGes Department pensvre V
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aGtivities. to
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The Mayer or his desigRee may exempt non profit p eoie+inn aR d Q
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Packet Pg. 325
6.A.g
ATTACHMENT E
faGilities upon a finding that the fee would Greate a finanGial hardship
J�n ardizinn_ih.e_�e�, j Or e� aRned—fOr SUGh use and that the
pu�-ar�rT'9 ' � i°n�#�n�l zrc�c—acv—ma�c,-�
aGtivity or lent will he of ,,n,,s,,al benefit to the residents of the Gity and
should be supported with publiG funds.
(1) The we-rd 'IeGal' as used here.R is defiRed to mean an orgaRizatiorl N
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wheQe membership is Gemprised of fifty One nernent (510%) of city a
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residts a+
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2)–�s a Go.nditiG.�'�—Of ex f�., ltie aS S,a,Gl•�atiectvR, Gorperatien' fC
eryaAnization or group seeking exemption may he required to perform d
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services or provide labor beneficial to the City or its residents �
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The �1 I n �
a. The SaR BeFRarttine � ed SGhool Giu�t.Jhall pay fifty. pernGeR N
/55.(10/ 1 of the established rates ti
ivy v u,v established Fates. M
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b. , youth
Bernardino O
serving�ti'C–�o�'ty of S'CI'f'i.--Bernardino are these o ii-a i�io Ts whose •;
general under the age Of d
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' %) resid N
the Gity of San Bernardino. Groups in this GlassifiGation shall pay no fee
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for use of outdoor athletic facilitie
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D. RefURdable damage bGRds and GleaR-up deposits. Refundable damage bORds
to
and Glean up depesits shall be Fequired fer all SpeGial O
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events, athletiG events, fuRd O
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IE. Refundable depesits. Refundable depesits held pursuant to thus erdffiRaRGe may
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be refunded in full or in part within fOUrteeR (14) days after GOmpletiOR of the i
period. Ne refURd shall be made URtil using party Or gFoups has seGYred a SigR
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Parks, fG
Department. DedUGtions fer any damage te the faGility Or feF Glean up and rep y'n-+
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shall be made frem the said deposit by City.
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R. UtqlizatiOR Of Gity Employees. DUFiRg aRy event when a Gity empleyee Or employees U
be paid equivaleRt to the total GOSt of said employees.
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Packet Pg. 326
6.A.g
ATTACHMENT E
1 7 80 11 n Liability
te hold the City harmless and indemnify the City fireem aRy and all liability for 6 Rj U ry tG
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...eRt andfUFRiture owned eF GGRtr9lled by City, whiGh results from the aGtiVity of the
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(Ord. w
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12.80.120 Displays and sales.
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it is unlawful for any person to sell er offer fer sale ' 'FlGluding all T
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greunds, readways, avenues, park faGilities, rnuniGipal parks and playground areas, or
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DepartmeRt, unless SUGh person possesses a written dOGUmerlt fFeM the DiFeGteF Of
Parks, ReGreatien and Community SerViGeS Gonsenting to such sale er offer for ti
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sale. r
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12.80.130 Park regulations o
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Within the limits of any public park or playground in or upon any facility or building o
located therein and owned or controlled by the City, it is unlawful for any person to:
LO
A. Cause the amplification of sound exceeding twenty-five watts total output from all o•
channels of equipment used except pursuant to an exclusive use permit issued N
under this Chapter and subject to the following conditions: N
0
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1. The location of any bandstand and the position of each loudspeaker shall be
as specified by the Director so as to allow the least amount of amplified sound
LU
to be audible in any adjacent residential neighborhoods.
E
2. Amplified sound shall not exceed ninety-five decibels (dba) at a point fifty feet
in front of the center point of the distance between loudspeaker installations. Q
B. Play or practice golf or use golf clubs in any area not designated for such use;
U
C. Operate any motor driven model airplane except in areas designated for such use; a
D. Operate or park any motor vehicle as defined in the California Vehicle Code within
® a park except upon areas designated for such use;
Packet Pg. 327
6.A.g
ATTACHMENT E
E. Operate, drive, or ride upon any bicycle, unicycle, tricycle, horse or any other animal
in any park except in areas designated and posted specifically for such use;
F. Leave any garbage, trash, cans, bottles, papers or other refuse elsewhere than in
the receptacle provided therefor;
Y
E
G. Use or attempt to use or interfere with the use of any table, space of facility which
at the time is reserved for any other person or group which has received a permit
from the Director for the use thereof; w'
H. Discharge or shoot any firearm, air gun, slingshot, or bow and arrow except at a
places designated and posted specifically for such purposes; U.)0
N
I. Dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or
flower, or any portion thereof except a duly authorized City employee in the a
performance of his duty;
N
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J. Remove any wood, turf, grass, soil, rock, sand or gravel from any park except a
duly authorized City employee in the performance of his duty;
0
K. Cut, break, deface, or disturb any rock, building, cage, pen, monument, sign, fence,
® structure, apparatus, equipment or property except a duly authorized City employee
in the performance of his duty; N
0
OR
L. Light or maintain any fire unless such fire is lighted and maintained only in a stove r
or fire circle or place provided for such purpose;
to
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M. Throw rocks and waste matter in unauthorized places; OR
N
N. Bathe or wade in or otherwise pollute the waters of any pond, stream, lake or U)
pool unless wading or bathing are allowed in designated streams or pools •0
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or portions thereof;
LU
O. Frighten, chase, set snare for, catch, injure or destroy any wild quadrupeds or
birds; or destroy, remove or disturb any of the young or eggs of same, or to injure
or maltreat any domestic or other animals;
Y
Y
P. Camp, lodge or tarry overnight unless there are set aside certain places for this Q
Y
purpose; the provisions of Section 12.68.020 regulating loitering and tarrying in any
public park is adopted by reference;
Y
_ Y
Q. Indulge in riotous, boisterous or indecent conduct; and no noisy, disorderly a
or offensive person shall be allowed within the park; the provisions of Chapter
® 9.32 prohibiting any person from drinking alcoholic beverages in a public place
is adopted by reference;
[Return to Municipal Code Contents]
[Rev. October, 20141 12-80
Packet Pg. 328
ATTACHMENT E
R. Roller skate or bicycle upon tennis courts in any public park within the City; and
S. Enter any toilet facility designated for the use of female persons within any
public park or go into the vault of or be within such toilet facility, excepting
therefrom females, boys under the age of six years, and park employees
while acting within the scope of their duties of cleaning or repairing the toilets; or E
cut, deface, or make any writing or marking on, the walls of any toilet facility or a
structure within any public park.
w
T. 1. Skateboard or inline skate at a City-owned skateboard park without wearing a
helmet, elbow pads, and knee pads; n.
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2. use this facility for skateboarding or inline skating if under the age of fourteen N
(14) years without being supervised by an adult;
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3. use any other equipment other than skateboards or inline skates at this facility;
ti
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4. skateboard or inline skate during rain or wet conditions at this facility; and/or,
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5. if not an adult supervising someone under the age of fourteen (14) years,
e enter (by passing through the entrance/fence) or remain in the skateboard W
park while not actively skating at all times. N
(Ord. MC-1180, 9-09-04; Ord. MC-1171, 4-06-04; Ord. MC-1170, 3-18-04;
O
OR
rd. MC-460, 5-15-85; Ord. 3643, 5-25-77; Ord. 3326, 1-03-73) r
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12.80.140 Violation - Penalty o
CR
Any person, firm or corporation violating or causing the violation of any provision of
this Chapter is guilty of a misdemeanor, which upon conviction thereof is punishable in o
accordance with the provisions of Section 1.12.010 of this Code.
(Ord. MC-460, 5-15-85; Ord. 3326, 1-03-73)
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[Return to Municipal Code Contents]
[Rev. October, 2014] 12-81
Packet Pg.329
ATTACHMENT E
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[Return to Municipal Code Contents]
[Rev. October, 2014] 12-82
Packet Pg. 330
ATTACHMENT F
CHAPTER 19.70
TEMPORARY USE PERMITS
MCC 1385 1/16/13
E
Section Page
T.,
19.70.010 Purpose............................................................................................................... IV-19.70-1 >
W
19.70.020 Permitted Uses—Temporary Use Permits........................................................ IV-19.70-1
19.70.020 Permitted Uses—Special Event Pen-nits.......................................................... IV-19.70-2
19.70.030 Exemptions........................................................................................................ IV-19.70-2 co CL
19.70.031 Prohibited Uses.................................................................................................. IV-19.70-3
19.70.035 Development and Operational Standards for Temporary Use Permits........... IV-19.70-3
19.70.036 Development and Operational Standards for Special Event Permits.............. IV-19.70-5
19.70.040 Application and Pen-nit Issuance....................................................................... IV-19.70-6
19.70.050 Findings.............................................................................................................. IV-19.70-8
ti
19.70.060 Conditions of Approval..................................................................................... IV-19.70-8
19.7 0.070 Condition of Site Following Temporary Use................................................... IV-19.70-9
19.70.080 Revocation......................................................................................................... IV-19.70-9
.2
2A
19.70.010 PURPOSE >
The Temporary Use and Special Event Permits allows for short-term activities which may be
E
appropriate when regulated. Q
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(D
19.70.020 PERMITTED USES -TEMPORARY USE PERMITS
The following temporary uses may be permitted, subject to the issuance of a Temporary Use 0
0L
Permit: E
at
1 Real estate offices and model homes within approved development projects;
2. On- and off-site contractors' construction yards in conjunction with an approved
development project;
E
3. Trailer, coach or mobile home as a temporary residence of the property owner when a valid
residential building permit is in force;
4. Pumpkin and Chr-istmas tfee sale lots; E
U
5. Fireworks stands;
6. Emergency public health and safety needs;
IV-19.70-1 Rev.Jan.2013
Packet Pg.3371
ATTACHMENT F
' 7. Temporary vehicle sales and car shows held a n
p ry t San Manuel Park;
8. Ftmd-rai.mgea
9. Pr-o&ee stands in eemmunity gardens;
E
W
10. Food carts, operated at fixed,pre-approved locations in the Main Street Overlay District; a
c
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11. Food trucks on private property(limit of three trucks); w
12. Group assemblies not subject to Section 19.70.025; and cn
13. Similar temporary uses which, in the opinion of the Director are compatible with the land N
use district and surrounding land uses, pursuant to Section 19.02.070 (3) (Similar Uses
Permitted).
0
ti
19.70.025 PERMITTED USES - SPECIAL EVENT PERMITS ti
M
The following temporary uses may be permitted, subject to the issuance of a Special Event Permit: _
0
1. Group assemblies with more than 100 attendees and/or for a duration longer than three days
(excluding set-up and break-down);
N
r
2. Circuses, rodeos and carnivals film-making activities parades marches street closures d
rights-of-wgL st fee*to eomplianee with Chapter-5.42 of the Munieipal Cade; a
f
d
N
3. Fairs, festivals and concerts, when not held within premises designed to accommodate such
events, such as auditoriums, stadiums, or other public assembly facilities; c
Q.
4. Pumpkin and Christmas tree sale lots; d
0
5. Fund-raising car washes, o
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6. Produce stands in community gardens;
as
E
7. Food truck events (more than three trucks).
8. Certified Farmers Markets.
19.70.030 EXEMPTIONS s
w
The following uses are exempt from the provisions of this chapter: a
IV-19.70-2 Rev.Jan.2013
Packet Pg.332
6.A.h
ATTACHMENT F
1. Garage and yard sales, provided the sales do not occur more than 12 times per year, for no
more than three days per event, and only on the third weekend of the month, in compliance
with Municipal Code Section 8.14.070.
2. Temporary outdoor displays and sales,pursuant to Chapter 5.22 of the Municipal Code.
E
L
d
3. City-sponsored uses and activities, or activities occurring on City-owned property,
occurring at regular intervals (weekly, monthly, yearly, etc.). Other City permits (building
permits, encroachment permits, etc.)may be required. W
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19.70.031 PROHIBITED USES co
0
N
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1. Any use not allowed in the underlying land use district.
U
0
2. Any food preparation activity, except for approved food carts, food trucks, or in conjunction
as an accessory to an approved larger-scale temporary use or special event (i.e., food M
preparation as part of a carnival or company employee appreciation event).
3. Outdoor sale of goods not accessory to a primary retail use on the property or accessory to
an event sponsored by an educational, fraternal, religious, or service organizations directly
engaged in civic or charitable efforts, or to tax exempt organizations in compliance with
501(c)of the Federal Revenue and Taxation Code(i.e., flower stands at a service station). w
E
L
4. Car washes not sponsored by an educational, fraternal, religious, or service organizations a
directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance
with 501(c) of the Federal Revenue and Taxation Code or by a bereaved family, and/or not
located on the property controlled by the sponsoring entity, or on sites approved and o
developed as a commercial car wash. E
a�
5. Animal rides/petting zoos not in conjunction as an accessory to an approved larger-scale o
temporary use of special event(i.e.,with a Christmas tree sales event or carnival). a)
T
6. Any other temporary use determined to be a nuisance or which does not comply with the
requirements of this Development Code(i.e., located in a required parking space).
s
19.70.035 DEVELOPMENT AND OPERATIONAL STANDARDS FOR a
TEMPORARY USE PERMITS
d
A. Real Estate Office and Model Homes
�a
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1. Accessory facility only. On-site temporary real estate offices or temporary model a
home complexes, may be established only within the boundaries of a residential
subdivision for the limited purpose of conducting sales of parcels within the same
IV-19.70-3 Rev.Jan.2013
Packet Pg.333
6.A.h
ATTACHMENT F
subdivision. Off-site sales of parcels from any temporary office shall require a
Conditional Use Permit.
2. Allowed locations. In all residential land use districts and all mixed-use y
developments with a residential component.
L
d
CL
3. Requirements. A temporary real estate sales office of model home complex
established or maintained in compliance with this Subsection shall meet all of the
following requirements: W
a. An agreement and a cash deposit or surety bond in an amount sufficient to N
guarantee to the City the removal of the sales office or model home
complex, or the restoration of the premises in conformity with the approved N
Development Permit and with the applicable provisions of this Development `r
Code within 60 days after the last residence or parcel within the subdivision o
has been sold and escrow closed shall be required. N
ti
ti
b. Off-street parking shall be provided at the same ratio as required for offices
in compliance with Chapter 19.24 (Off-Street Parking Standards).
0
4. Duration. The temporary real estate sales office and temporary model home
complex may be maintained until all of the on-site parcels in the subdivisions have
been sold and the escrow closed. w
E
L
B. On- and Off-Site Contractors' Construction Yards - Shall be operated only in conjunction a.
with an approved building permit. The construction yard shall be removed immediately
upon completion of the construction project.
ca
L
C. Temporary Residence — Shall be limited to the property owner and only when a valid Q
residential building permit is in force.
0
D. Pumpkin and Christmas Tree Sale Lots
T
1. Exemptions. A permit shall not be required when such sales are in conjunction
with an established commercial business holding a valid business registration
certificate. s
U
ftf
2. Duration. Pumpkin/Christmas tree sales shall only be held from October 1 through 4
December 31.
E
3. Vacant Lots. Applicants for Pumpkin/Christmas tree sales proposed on vacant lots a
shall provide adequate on-site parking spaces and access. A site plan shall be
submitted to the Planning Division for review and approval and a $1,000 cash
deposit shall be provided to ensure clean-up of the site.
IV-19.70-4 Rev.Jan.2013
Packet Pg.334
6.A.h
ATTACHMENT F
E. Fireworks Stands — Allowed with a Temporary Use Permit when in compliance with
Chapter 8.60 of the Municipal Code.
F. Temporary Vehicle Sales and Car Shows may be held in the San Manuel Park, subject to an N
approved Temporary Use Permit. These activities are limited to twice per calendar year for
a maximum of seven days per event type. d
a
G. Fund-Raising Car Washes
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1. Sponsorship shall be limited to educational, fraternal, religious, or service
organizations directly engaged in civic or charitable efforts, or to tax exempt co
organizations in compliance with 501(c) of the Federal Revenue and Taxation Code,
or to bereaved families.
4
2. Fund-raising car washes shall occur no more than 12 days per calendar year per o
property.
N
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3. Fund-raising car washes shall occur on the property controlled by the sponsoring
entity,or on sites approved and developed as a commercial car wash.
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4. Fund-Raising car washes shall be conducted in compliance with applicable
stormwater regulations to minimize potential water quality impacts. cr
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H. Food Carts — Shall be operated only at fixed, pre-approved locations in the Main Street E
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Overlay District, at least 500 feet away from any restaurant and under current permits from a
the County Environmental Health Services Division.
I. Food Trucks — Shall be limited to no more than three trucks at any one time, on the same CU
property occupied by the business/establishment hosting the temporary event, for no more 0
than three days per event, with no event occurring more than twice per year per location and
under current permits from the County Environmental Health Services Division. For the o
purposes of this Subsection, a shopping/business center shall count as a single host rn
business/establishment. All other food truck events shall comply with Section 19.70.036
(Development and Operational Standards for Special Event Permits).
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J. Group Assembly—A Temporary Use Permit shall be required for a group assembly not to
exceed 100 persons nor continue for a duration exceeding three days (excluding set-up and 2
break-down). A Special Event Permit shall be required for all group assemblies exceeding a
these parameters, and for all circuses, rodeos, carnivals, fairs, festivals and concerts when C
not held within premises designed to accommodate such events, such as auditoriums, E
stadiums or other public assembly facilities. No permit is required for group assemblies
that occur completely indoors and within premises designed to accommodate such events. Q
19.70.036 DEVELOPMENT AND OPERATIONAL STANDARDS FOR
SPECIAL EVENT PERMITS
IV-19.70-5 Rev.Jan.2013
Packet Pg.335
6.A.h
ATTACHMENT F
A. Group assemblies over 100 attendees or for a duration longer than three days(excluding set-
up and break-down), and for circuses, rodeos, carnivals, fairs, festivals, concerts and similar
uses, a Special Event Permit shall be required unless the event occurs in a facility designed
to accommodate such events. Events subject to a Special Event Permit shall occur no more
than a maximum of 15 days per 180-day period per location. 0)
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B. Food Truck Events — In addition to complying with all applicable San Bernardino food
truck event requirements, a Special Event Permit shall be required for all proposed food W
truck events that do not meet the criteria stated in Section 19.70.035.I.
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1. Location. Food truck events may occur on any property improved with a non- N
residential land use up to two times per year per location for a maximum of three N
days per event. A Special Event Permit does not allow a food truck operator to
roam the City streets. Food trucks operated in associated with an approved Special o
Event Permit must operate from the approved location per the permit only. c"
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2. Vacant lots. Food truck events shall not occur on vacant lots or on unpaved
surfaces.
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C. Certified Farmers Markets are allowed in the CG-1, CG-2, CG-3, CR-1, CR-2, CR-3, CCS-
1, CCS-2, CCS-3 and CH land use districts subject to the following criteria:
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1. Such use shall be limited to not more than 120 days in a calendar year. E
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2. Adequate provisions for traffic circulation, off-street parking, and pedestrian Cn
safety shall be provided to the satisfaction of the Community Development L,
Director.
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3. Seventy-five percent (75%) of the total farmers market sales area must be for the
sale of farm products such as fruits, vegetables, nuts, herbs, eggs, honey, livestock o
food products (meat, milk, cheese, etc.), or flowers and value added farm products rn
such as baked goods,jams, and jellies. r
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4. Farmers markets shall be certified and comply with the requirement of Chapter
10.5 Direct Marketing Requirements of Division 17 of the California Food and
Agriculture Code.
5. All farmers markets shall have a market manager authorized to direct the
operations of all vendors participating in the market on site during hours of =
operation. Farmers market managers shall obtain and have on site all operating r
and health permits during hours of operation. Q
IV-19.70-6 Rev.Jan.2013
Packet Pg. 336
6.A.h
ATTACHMENT F
6. Operating rules, hours of operation, and maintenance and security requirements
shall be submitted for review to the satisfaction of the Community Development
Director.
D. Parades
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1. Definition of parade: "Parade" means a march, procession or athletic event °�'
consisting of people, animals, vehicles, or any combination thereof, on any City
street, sidewalk, alley or other public right-of-way, which interferes with the W
normal flow of pedestrian or vehicular traffic or does not comply with traffic
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laws or controls. N
The definition of parade does not include the following_
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A. Funeral processions.
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B. Parades of forty or fewer pedestrians marching along a route which is
restricted to sidewalks and crossing streets only at pedestrian crosswalks or °-
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street corners in accordance with traffic regulations and controls provided that >
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pedestrians ap rticipatin in n the parade shall cross streets in units of fifteen or
fewer persons and allow vehicles to pass between such units. r
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C. Parades, athletic events or other special events occurring exclusively on N
City property for which another type of City permit is obtained.
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(Ord. MC-522, 5-20-86; Ord. 2069, 8-01-55) 2
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2. It is unlawful for any person to conduct manage or participate in any parade E
without a written permit first having been secured from the Community c
Development Director and the Chief of Police.
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3. Interference with parade. It is unlawful for any person to knowingly join or
participate in any parade in violation of any terms of the permit for the parade,
join or participate in any permitted parade without the consent of the parade
sponsor, or in any manner interfere with the progress or orderly conduct of the Q
parade. (Ord. MC-522 5-20-86. Ord MC-369 5-22-84 • Ord 2069 8-01-55)
4. Permit application procedure.
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A. Any person desiring to conduct a parade shall file a verified application for a Q
permit at the office of the Community Development Department not less than
ten working days nor more than six months before the date on which the
parade is proposed to be conducted.
IV-19.70-7 Rev.Jan.2013
Packet Pg.337
6.A.h
ATTACHMENT F
B. If an application is filed after the filing deadline, the Community
Development Director and the Chief of Police shall immediately investigate to
determine if he or she has sufficient time to process the application, to
investigate the effects of the parade on traffic and other conditions, and to E
obtain police services for the event. The applicant may demonstrate that a
the circumstances ig ving_rise to the parade did not reasonably allow the
participants to file for a permit within the time prescribed and that w
imposition of the time limitation would unreasonably restrict the right of
free speech. If such a demonstration is made to the reasonable '5
satisfaction of the Community Development Director and the Chief of cn CL
Police, he or she shall issue a permit despite the lack of ten dates'
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advance notice. N
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5. Contents of permit application
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A. The application for a parade permit shall provide the following information:
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1. The name, address, and telephone number of the applicant, the T
sponsoring organization, the parade chairperson, and an alternate
contact person. The Community Development Director and the Chief N
of Police may require a written authorization from an officer of the
sponsoring organization. a
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2. A statement of the nature or purpose of the event.
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3. The date and the estimated starting and ending time of the parade. E
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4. The location of the proposed parade assembly area, disbanding area, a)
and the route proposed for the parade. U-
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5. The type and estimated number of participants, vehicles, animals, and
floats. Each float shall be described in terms of its width, height,power 19
source, and speed. The number of participants in each marching unit Q
shall be given and any sound amplifying equipment proposed for use
shall be described. E
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6. The training and instructions to be given to parade participants, the a
number and location of parade monitors to be employed or utilized,
and arrangements for parking which will be made.
IV-19.70-8 Rev.Jan.2013
Packet Pg. 338
ATTACHMENT F
B. Copies of the parade application shall be furnished by the Communit
Development Director to the City Manager Fire Chief, any affected transit
company and other City departments or entities that will be affected by the
parade Based on the information supplied the Community Development
Director and the Chief of Police shall determine and have the power to specify
as a condition of the permit the location of water and aid stations policing
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requirements traffic routing_provision for sanitary facilities and other n.
conditions reasonably necessary to ensure the safety of participants,
spectators and police and fire personnel to provide for the public health and w
safety and to ensure minimum interference with business of the public.
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6. Conditions to permit. As a condition to granting a parade permit, the Community c
Development Director and the Chief of Police may impose reasonable
requirements concerning the time and place of the parade, the area and manner of
assembling and disbanding the parade the route and spacing of all units, the o
maximum length of the parade the maximum and minimum speed, the stops
permitted accommodation of other traffic, the number and type of vehicles, levels M
of sound amplification and other requirements found necessary for the protection
of persons and property and for control of traffic.
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7. Issuance or denial of permit. In accordance with standards uniformly applied to
similar conditions the Community Development Director and the Chief of Police
shall issue the permit conditioned upon the applicant's written agreement to comply
with any terms of the permit unless the permit is denied on any of the followin. 0)
grounds: a.
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A. An application received prior in time has been approved for the same time and
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place requested by the applicant or at a time and place so close as to cause o
undue traffic congestion or exceed the ability of the City to provide police and a
other services for both events.
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B. The time, route, or size of the event will substantially interrupt the safe and
orderly movement of traffic in contiguous areas or will disrupt the use of U-
streets at a time of usual traffic congestion.
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C. The concentration of persons, animals and vehicles for parade purposes Q
will prevent proper police, fire, or ambulance service to contiguous areas.
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D. The parade is of a size or nature that requires a diversion of so great a number
of police officers to police the line of march and contiguous areas that it will Q
prevent reasonable police protection to the remainder of the City.
IV-19.7-9 Rev.Jan.2013
Packet Pg. 339
ATTACHMENT F
E. The location of the parade will substantially interfere with
construction or maintenance work scheduled upon or along the City streets or
will interfere with previously granted encroachment permit.
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F. The time route and size of the parade will unreasonably_disrupt the E
movement of other traffic. a
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G. Information contained in the application or any supplemental w
information furnished is found to be intentionally false in any material detail
or the applicant fails to complete the application after having been a
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notified of additional information that is required.
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H. The applicant fails or refuses to comply with any condition reasonably o
imposed on the granting of the permit in order to ensure the safety of event
participants members of the Police Department or the public, or to ensure the
orderly flow of traffic or to avoid the likelihood of harm to public or private
property provided that nothing in this section authorizes the Chief of Police to r
impose conditions which unreasonably interfere with the right of free speech. c
(Ord. MC-522, 5-20-86) N
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8. Alternative to denial: When the grounds for denial of an application can be
corrected by altering the date time, duration, route, or location of the event, the
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Community Development Director and the Chief of Police shall, instead of
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denying the application, conditionally approve the application upon the L
applicant's acceptance of conditions of permit issuance. The conditions imposed D
shall provide only for such modifications of the applicant's proposal as are
necessary to achieve compliance with Section 12.56.070. o
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9. Appeal
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A. Any pplicant aggrieved by the decision of the Community Development
Director and the Chief of Police with reference to the issuance, conditional
issuance or denial of a permit, mayqppeal to the Common Council in
accordance with the provisions of Chapter 2.64. E
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B. If there is insufficient time for a timely appeal to be heard by the Common Q
Council prior to the date on which the event is scheduled, the applicant may at
his or her option, request an appeal before the City Manager. The City E
Manager,or his or her designee, shall hold a hearing no later than two business o
days after the filing of the appeal, and will render his or her decision no later Q
than one business day after hearing the he appeal. If the appeal is heard before
the City Manager, the City Manager's decision shall be final. The City Manager
may impose any conditions upon approval which the Chief of Police could
IV-19.70-10 Rev.Jan.2013
Packet Pg. 340-
6.A.h
ATTACHMENT F
have imposed.
10. Contents of Permit. In each permit the Community Development Director and the
IChief of Police shall prescribe:
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A. The date, time,route or location:
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B. Conditions concerning time and place of assembly start finish and disbanding i
of the parade; a
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C. Conditions concerning accommodation of pedestrian or vehicular traffic,
spectators and the portion of streets to be traversed;
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D. Requirements for first aid or sanitary facilities;
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E. Requirements for use of event monitors and provision of notice of o
permit conditions to event participants;
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F. Restrictions on the number and type of vehicles,animals,or structures in the w
parade and inspection of floats structures and decorated vehicles for fire E
safe • a
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G. Compliance with animal rotection ordinances and laws,
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H. Requirements for sanitary facilities clean-up and restoration of City property;
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I. Restrictions on use of amplified sound; and T
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J. Such other requirements as are found to be reasonably necessary for the E
protection of persons and property.
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11. Revocation of Permit. Any permit for a parade issued pursuant to this
Chapter may be summarily revoked by the City Manager or Mayor and
Common Council at any time or by the Chief of Police on the date of the parade
when by reason of a present or prospective disaster, riot, public calamity, or other Q
emergency it is determined that the safety of persons or property requires such
revocation. When any permit is revoked pursuant to the provisions of this Chapter,
the permit shall be reinstated as soon as the conditions constituting the emergency
have abated. (Ord. MC-522, 5-20-86)
IV-19.70-11 Rev.Jan.2013
ATTACHMENT F
12. Deposit— Barricades. The sponsor of an event desiring use of barricades shall be
required to provide a deposit prior to the issuance of the parade permit. The
deposit shall be in the amount established by resolution adopted by the Ma oy r and N
Common Council. (,Ord. MC- 588, 4-22-87; Ord. MC-522, 5-20-86)
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13. Indemnification Agreement. Prior to the issuance of a parade permit, the
permit applicant and authorized officer of the sponsoring organization, if any,
must sign an agreement which shall provide that the permittee/sponsoring w
organization shall defend the City against, and indemnify and hold the City
harmless from, any liability to any persons resulting from and damage or injury CL
occurring in connection with the permitted event proximately caused by the
actions of the permittee/sponsoring organization, its officers, employees or N
agents, or any person who was under the permittee's/sponsoring organization's
control insofar as permitted by law. Persons who merely join in a parade are not o
considered by that reason alone to be " under the control" of the permittee c"
sponsoring organization. (Ord. MC-522, 5-20-86) M
14. Insurance.
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A. The applicant/sponsor of a parade must possess or obtain public liability 0
look insurance to protect against the loss from liability imposed by law for damages w
....- on account of bodily injury and property damage arising from the parade. Such
insurance shall name on the policy endorsement as additional insureds E
the City of San Bernardino, its officers, employees, and agents. Insurance a
coverage must be maintained for the duration of the event. Lo
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B. Coverage shall be a comprehensive general liability insurance policy. The 00 CL
minimum limits required shall be one million dollars for each occurrence of E
bodily i jur_y and two hundred fifty thousand dollars for each occurrence of o
propedy damage. ~
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C. If_food or non-alcoholic beverages are sold or served at the parade, the policy c
must also include an endorsement for products liability in an amount of not E
less than five hundred thousand dollars. If alcoholic beverages are sold or
served at the parade, the policy must also include an endorsement for liquor Q
liability in an amount of not less than five hundred thousand dollars. w
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D. A copy of the policy or a certificate of insurance along with all necessary
endorsements must be filed with the Director of Human Resources not less a
than five days before the date of the parade unless said Director for good cause
waives the filing deadline. The parade permit shall not be issued by the
Community Development Director and the Chief of Police until after the insurance
IV-19.70-12 Rev.Jan.2013
Packet Pg.342
ATTACHMENT F
policy or certificate of insurance along with necessa endorsements have been
filed by the applicant/sponsor and approved by said Director.
E. The insurance requirements of subsections A and B above shall be waived by
the Chief of Police for parades if the following conditions are satisfied: E
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1. The applicant or an officer of the sponsoring organization signs a
verified statement that he or she believes the parade's purpose is First W
Amendment expression,and that he or she has determined that the cost of
obtaining insurance is so financially burdensome that it would a
constitute an unreasonable burden on the right of First Amendment N
expression, or that it has been impossible to obtain insurance N
coverage. The statement shall include the name and address of one �+
insurance agent or other source of insurance coverage contacted to
determine insurance premium rates for insurance coverage. (Ord. MC- °.
1027, 9-09-98; Ord. MC-522, 5-20-86) ti
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15. Penalties. Any person violating apy provision of this Chapter is guifty of an r
infraction, which upon conviction thereof, is punishable in accordance with the o
provisions of Section 1.12.010 of this Code. Criminal prosecution for a violation 2
of this Chapter does not preclude the City from pursuing any available civil
remedies arising from any activity regulated by this Chapter. (Ord. MC-522, 5-20-86) y
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19.70.040 APPLICATION AND PERMIT ISSUANCE N
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A. General. A Temporary Use Permit or Special Event Permit shall be required prior to W-
commencement of any use listed in Sections 19.70.020 and 19.70.025. A Temporary Use a
I Permit or Special Event Permit may be approved, modified, conditioned, or denied by the
Director, or the Director may refer such application to the Commission. Decisions of the c
Director may be appealed to the Commission pursuant to Chapter 19.52 (Hearings and
Appeals). r
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All events associated with any Temporary Use Permit or Special Event Permit shall 0)
I operate in compliance with all of the conditions associated with the Temporary Use
Permit or Special Event Permit.
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A copy of the approved Temporary Use Permit or Special Event Permit, along with the
associated conditions, shall be in the possession of the person in charge during the event. E
Such copies shall immediately be presented to any City enforcement official upon request
for examination. w
IV-19.70-13 Rev.Jan.2013
Packet Pg.343'
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ATTACHMENT F
Submittal Requirements(all applications).
1. A completed application form and Notarized property owner's authorization shall be
provided. y
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2. Flame resistance certificate and specifications for tents/canopies. a
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3. List of all vendors and type of service provided.
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4. All applicable fees,including any cleanup deposit, shall be provided. a
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B. Temporary Use Permit Applications.
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1. Time to submit - A completed application form and fees shall be submitted no less
than 10 working days from the date of the beginning of the proposed use (bereaved o
families submitting an application for a TUP, such as a fund-raising car wash, may N
submit an application at least five days in advance of the proposed event). M
2. Review procedures - Upon receipt of a completed application and all related fees,
the Community Development Department shall review and approve, modify, g
condition or deny the application. Note that review by outside agencies (i.e., the
Fire Department or County Health Department)may be required.
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C. Special Event Permit Applications. E
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1. Time to submit - A completed application form and fees shall be submitted no less j
than 60 working days from the date of the beginning of the proposed use. D
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2. Review procedures - Upon receipt of a completed application and all related fees, E
the Community Development Department shall route the application to all
applicable outside agencies responsible for reviewing the application (i.e., Police, o
Fire, County Health Department, etc.). Upon obtaining proof that all requirements a�
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of all outside reviewing agencies are met, the Community Department shall review
and approve,modify, condition or deny the application.
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3. If off-site parking is required, the applicant shall provide proof from the owners of
' the properties on which the parking will be provided that the parking spaces to be a
used are not required parking spaces, or that the parking spaces used in conjunction
with the special event will not be used during normal business hours. Additionally,
the applicant shall provide a plan for shuttles or other means to ensure the safe E
passage of event attendees between the off-site parking spaces and the event. a
19.70.050 FINDINGS
IIV-19.70-14 Rev.Jan.2013
ac
ATTACHMENT F
Standards for floor areas, heights, landscaping, parking, setbacks, and other structure and property
development standards that apply to the category of use or the land use district of the subject site
shall be used as a guide for determining the appropriate development standards for a temporary use.
All activities shall be limited to their specified land use districts. A Temporary Use Permit or N
Special Event Permit may only be issued for activities allowed in the underlying land use district.
The Director may approve or conditionally approve a Temporary Use Permit or Special Event
Permit application only when all the findings contained in Section 19.36.050 (Conditional Use
Permits) are made. W
19.70.060 CONDITIONS OF APPROVAL
In approving an application for a Temporary Use Permit or Special Event Pennit, the Director may
impose conditions deemed necessary to ensure that the permit will be in accordance with the
findings required by Section 19.36.050. These conditions may involve any pertinent factors o
affecting the operation of such temporary event,or use, and may include,but are not limited to: ti
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1. Provision for a fixed period not to exceed 90 days for a temporary use not occupying a
structure, including promotional activities, or 1 year for all other uses or structures, or for a =
shorter period of time as determined by the Director or as specified in this Chapter. Food 0
carts and produce stands may be permitted for one year initially, and renewed annually,
subject to verification of compliance with conditions of approval and County permit
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requirements, as applicable.
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2. Provision for temporary parking facilities, including vehicular ingress and egress and any a
necessary shuttles or other means to ensure safe passage of event attendees from off-site
parking areas to the event. The use of off-site private parking lots overflow parking may �.
only occur if there is a demonstrated need for the additional parking and that the additional o
parking spaces are not required parking spaces, or the business(es) providing the parking 0.
will be closed when the parking spaces are to be used in conjunction with the temporary or a)
special event; ti
3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct �
illumination or drainage on adjacent properties, noise, vibration, smoke, dust, dirt, odors,
gases, and heat; E
4. Regulation of temporary structures and facilities, including placement, height and size, a
location of equipment and open spaces, including buffer areas and other yards;
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5. Provision for sanitary and medical facilities,including toilet facilities;
6. Provision for solid,hazardous and toxic waste collection, including receptacles for trash and Q
recyclables, and disposal;
® 7. Provision for security and safety measures,including fencing and lighting;
1V-19.70-15 Rev.Jan.2013
Packet;Pg.345
ATTACHMENT F
8. Standards for maintenance and upkeep, including irrigation and cutting of plant materials;
9. Regulation of signs;
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10. Regulation of operating hours and days, including limitation of the duration of the E
temporary use, as outlined in Condition No. 1; a.
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11. Submission of a performance bond or other surety devices, satisfactory to the City Engineer, w
to ensure that any temporary facilities or structures used will be removed from the site
within a reasonable time following the event and that the property will be restored to its
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former condition; un
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12. Submission of a site plan indicating any information required by this Chapter;
13. A requirement that the approval of the requested Temporary Use Permit or Special Event o
Permit is contingent upon compliance with applicable provisions of the Municipal Code; N
and ti
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14. Any other conditions which will ensure the operation of the proposed temporary use in an r
orderly and efficient manner and in accordance with the intent and purpose of this Chapter. o_
19.70.070 CONDITION OF SITE FOLLOWING TEMPORARY USE
Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the
temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the a
provisions of this Development Code. A bond or cash deposit for the amount of$1,000 shall be N
deposited with the City for operations that occur on vacant or undeveloped sites, to ensure cleanup
after the activity is finished. A performance security may be required for other proposed temporary
uses prior to the commencement of such activities to ensure cleanup after those activities. o
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19.70.080 REVOCATION 0
CD
A Temporary Use Permit or Special Event Permit may be revoked or modified by the Director if
any one of the following findings can be made:
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1. That circumstances have changed so that one or more of the findings of fact contained in
Section 19.36.050 can no longer be made;
2. That the Temporary Use Permit or Special Event Permit was obtained by misrepresentation a
or fraud; _
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3. That one or more of the conditions of the Temporary Use Permit or Special Event Permit
have not been met; and Q
4. That the use is in violation of any statute, ordinance, law, or regulation.
IV-19.70-16 Rev.Jan.2013
Packet Pg.346
AGENDA ITEM 4
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE: Development Code Amendment 14-20
HEARING DATE: March 18, 2015
WARDS: City-wide
APPLICANT: City of San Bernardino N
Contact: Mark Persico, Director of Community Development y
300 N. "D" Street E
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San Bernardino, CA 92418 °-
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REQUEST: A City initiated request to amend Titles 5, 12, and 19 of the San Bernardino Municipal 'R
Code to make minor changes among Code sections, relating to permitting requirements for temporary
use and special event permits. N
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CONSTRAINTS/OVERLAYS:
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ENVIRONMENTAL FINDINGS: o
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® Exempt from CEQA v
❑ No Significant Effect °-
❑ Mitigated Negative Declaration with Mitigation Monitoring/Reporting Program r
❑ Environmental Impact Report with Mitigation Monitoring/Reporting Program Facts, Findings
and Statement of Overriding Considerations E
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STAFF RECOMMENDATION:
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❑ Approval
❑ Conditions
❑ Denial a
❑ Continuance to:
® Recommend to Mayor and Common Council
Packet Pg.347
DCA 14-20
March 18, 2015
Page 2
PROJECT DESCRIPTION
Presently, various provisions of the San Bernardino Municipal Code govern the requirements of
temporary uses and special events on public/private property in the City. However, these
provisions are not entirely consistent and there is not a cohesive City process for reviewing and
approving such events. If approved by the Mayor and Common Council, the proposed actions
would:
• Create a comprehensive system for considering temporary uses and special events
applications; r
• Delete unnecessary and conflicting provisions from the Municipal Code; E
• make the Zoning Ordinance (Title 19 — Chapter 19.70) consistent by amending certain a
temporary use provisions; and
• Amend the Zoning Ordinance (Title 19 — Chapter 19.70) to streamline and clarify w'
provisions for temporary uses and special events throughout the City. R
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BACKGROUND N
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December 1, 2014 —A 1/8-page legal ad was submitted to the Sun Newspaper for publishing on
December 3, 2014, advertising the December 17, 2014 Planning Commission hearing on DCA
14-20.
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December 16, 2014 — the Legislative Review Committee (LRC) reviewed the request for DCA V
14-20.
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December 17, 2014—the Planning Commission continued DCA 14-20 for 60 days.
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March 4, 2015 — A 1/8-page legal ad was submitted to the Sun Newspaper for publishing on
March 7, 2015, advertising the March 18, 2015 Planning Commission hearing on DCA 14-20.
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ANALYSIS a
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The proposed amendment is intended to create a comprehensive, streamlined, system for E
approving permits for temporary uses and special events in the City and would streamline and
clarify regulations regarding temporary uses and special events.
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In an effort to streamline and resolve unnecessary and conflicting provisions form the Municipal
Code, coordinated meetings among various departments within the City were involved including
and not limited to: Public Works, Fire Department, Police Department, Community
Development Department, Parks and Recreation and Community Services, Human Resources,
and City Clerk. The proposed amendment represents a coordinated and inter-related set of
regulations. The key features are as follows:
• Repeal provisions in Chapters, 5 and 12 as shown in Attachments A, B and C. The
proposed modifications would delete unnecessary and conflicting provisions from the
Municipal Code;
Packet Pg.348 `
DCA 14-20
March 18, 2015
Page 3
® • Modify Chapter 19.70, Temporary Use Permits as shown in Attachment D. The
proposed modifications would streamline and clarify provisions for temporary uses and
special events throughout the City.
Temporary Uses/Special Events
The proposed amendment would regulate temporary uses/special events which occur in whole
or in part on public property (including parades, block parties, marching, etc.) and would
establish a permit process which would include review by City departments (including and not
limited to: Public Works, Fire Department, Police Department, Community Development
Department, Parks and Recreation and Community Services, Human Resources, and City Clerk).
A special event review group, comprised of various departments, would review each application
and determine the appropriate conditions of approval in a coordinated manner. The proposed E
d
amendment would create a process that would replace the current less structured approach to a
processing temporary use/special event permitting that has occasionally resulted in confusion for
applicants and staff as various City departments informally takes the lead in processing various w'
types of temporary/special permits. �o
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FINDINGS OF FACT N
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1. The proposed amendment is consistent with the General Plan. o
The proposed code amendment will create a comprehensive, streamlined, system for ti
approving permits for temporary uses and special events in the City and would streamline
pP g P p rY p Y
and clarify regulations regarding temporary uses and special events, consistent with o
General Plan Policy 2.10.1: "Adoption of ordinances and standards for implementing CD
General Plan land use designations, especially through the Development Code." a
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
The proposed amendment by itself will not directly result in new development and
therefore, will not be detrimental to the public health or safety. The proposed amendment a
will eliminate inconsistencies found throughout the Municipal Code. These revisions
would enable the City to effectively and efficiently process permits relating to temporary E
use and special event applications. Further, the proposed amendment would create a r
structured process that would replace the current less structured approach to processing a
temporary use/special event permitting, thus improving the public interest, convenience,
and welfare of the City.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed Development Code Amendment is exempt from CEQA pursuant to Section
15061(b)(3) of the CEQA Guidelines, because the effect of the amendment would not result in a
significant direct or reasonably foreseeable indirect physical change in the environment.
Packet Pg.349
6.A.
DCA 14-20
March 18, 2015
Page 4
FINANCIAL IMPACT
The Amendment may make the development process easier as it relates to modifying the permitting
requirements for temporary use and special event permits, which in turn, could attract more
investments in the City.
CONCLUSION
Staff believes the proposed project satisfies all Findings of Fact for approval of Development
Code Amendment 14-20.
RECOMMENDATION
a�
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Staff recommends that the Planning Commission recommend Development Code Amendment
14-20 to the Mayor and Common Council for approval. W
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Respectfully Submitted, o
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Aron Liang, Senior Planner N
Senior Planner ti
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Approved for Distribution: a
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Mark Persico, AICP Q
Director of Community Development
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Attachment A- Sections 5.04.505, 5.04.507 a
Attachment B—Section 5.42
Attachment C—Section 5.82
Attachment D—Sections 12.56 and 12.64
Attachment E— Section 12.64
Attachment F—Sections 12.80.055 and 12.80.120
Attachment G—Section 19.70.025
Packet Pg.350
DCA 14-20
March 18, 2015
Page 5
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Packet Pg. 351
DCA 14-20
March 18,2015
Page 4
FINANCIAL IMPACT
The Amendment may make the development process easier as it relates to modifying the permitting
requirements for temporary use and special event permits, which in turn, could attract more -
investments in the City.
CONCLUSION
Staff believes the proposed project satisfies all Findings of Fact for approval of Development
Code Amendment 14-20,
N
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RECOMMENDATION E
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Staff recommends that the Planning Commission recommend Development Code Amendment d
14-20 to the Mayor and Common Council for approval. w'
Respectfully Submitted, N
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Aron Liang, Senior Planner °.
Senior Planner
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Approved for Distribution: v
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Mark Persico,AICP o
Director of Community Development a
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Attachment A- Sections 5.04.505,5.04.507
Attachment B—Section 5.42
Attachment C—Section 5.82 a
Attachment D—Sections 12.56 and 12.64
Attachment E—Section 12.64
Attachment F—Sections 12.80.055 and 12.80.120
Attachment G—Section 19.70.025
Packet Pg. 352
6.A.i
ATTACHMENT A
5.04.505 Temporary display and sale of art artiGies
A
ef art artiGleS in Gity parks or other publiG plaGeS, the fee shall be established
B, "TernpoFary" as used OR this SGGt!C)R means SUGh displays and sales whiGh are
limited to vleekends and legal holidays. "Art artiGles" as used in tNs SeGtion mea
lezaathe.r -art Grafts and other similar items. Clothing or wearing apparel of any kiR4
N
shall not be considered as art artides. All art artiGleS shall be predUGed perseRally
by the Gertificate holder under this Artide and shall be the work prE)dUGtS of his or E
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5.04.507-Temporary exhibitions, shows or displays EnGlosed
mail or shopping-Gpentleir
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A, promoting, p �
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temporary exhibitions, shows er displays in whiGh sales-are U
, orders taken,
nor adMTJs' n nhnrnod in ti_thoro„rrhfnro or walkways of on ondocod- moll or "
shopping non+or in ovnoos, o.fnn nnn orv„oro forthefee shall be ootablishorJ �
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6.A.i
ATTACHMENT A
• Chapter—a:42
OUTDOOR ENTERTAIN ENT
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5.-42..010 GvrGus, rode al, or other exhiWtiort
5.42.020
5.42.030 Approval of I*Gense by Chief of PGliGe
5.42.Q4$ Annual Gitrus fair
5 0 Appeal 1 eG
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Every porcop firm Or norpnratinp s�n LV
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fees puFsuant to SeGtiE)R 5.04.370 of this Code fer all iRdividual food beeths, rides, midway
shall be teRdered at the time payment fer the lhGeRse is 0
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annual liGeRse has beeR ebtained, fees fer SUGh iRdividual opeFatiORS shall be paid by the
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npwater prior to the eponinn of eaGh eve Rt Q
5.42.020 Filing of written appliGation
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ARY apploGaRt fer a liGeRse URder this SGGtOE)R shall first file a writteR appliGato
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therefor setting forth the fnllo\nripg Q
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A, AdC"iSGPiptfGlnT—Qf 'laGe er propeFty, iR ding the name e afnTdQ 1VaRsj E
e=r its—vavner, �tvheriSci�`..h hzuS!''Ressi- is to be—vORduGted;if aR -aRRUal
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be e�ereview by tYie Ch�hiefr—of PeIirecGe aatoi�FGf�i♦e Inoatinn
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6.A.i
ATTACHMENT A
5.42.030 Approval of "Gense by Chief Of PGI*Ge
The Chief of Poke shall GORsidef eaGh appliGation, and if satisfied as to the
properly zoned and suitable for SUGh purpose, he or she shall graRt approval of the
InGeRse applied for, under suGh GeRdit*GRS as he or she deems appropriate. The
Genditions may provide that the Chief of Poke shall have the pewer, upon fin
that any GondtiGrl of the hGense is not being GOFnpined with or that the GendUG
the event iS GonduGted iR violation of State law or rnuniGipal ' E
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permit,
obtain permiSSbn to prOGeed, the Chief of Police sh,all the rennmmendatinns of all a.
departments- affeGted by the proposed aGtmVity, and Gonsider the reGernmendatme >
Of departments. The (chief of Amine hall also require prior to the grantin G W
arly uGh permit, liGeRse or peFrnissien, that advanGe payment be made of all fees
2�-ia-r a-r r�rr.a. � , y�•.•••••••y tfs
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(Ord MG 588 4-22 87; nrrl MG 522, 5_=p-oaj N
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5.42.040 Annual Gitirus fa*r
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The regulatory provisions of this ti
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the allSPiGes of the National Orange Show on its show grOURds.
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5.42.050 Appeal of deGiS*OR Of Chief of POI;Ge
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/env Aeni wen of the Chief of Dnline may he annealed as set forth her • U
..,..... �.. the .....�. ... Poke ..�...1 ...�- appealed�...-.....�-,,. ,,.., set. ....... .._-._-.... ate+
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issuanGe, GonditiGnal issuanGe or denial of a permit, may appeal to the Gomm E
Gef,nnwl in erdanGe with the provisions of Chanter 2.64. S
8, if there iS ;RSUffoGieRt time for a timely appeal te be heard by the GornFROR COW
prior to the date en whiGh the eveRt OS SGhedyled, the app"Gant may, at his or
OptiGR, request an appeal before the City AdministFater. The City Administrator, Of
his or her desigRee, shall hold a heaFiRg Re later thaR twe business days afte
day after heariRg the appeal. if the appeal is heard before the Qty U
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City AdMiRistrater's deGision shall be fiRal. The City Adn;iRlstinateF may impose aRy
GE)Rditm()RS upon approval whiGh the Ghmef of Poke Gould have imposed.
•
Packet Pg. 355
ATTACHMENT A
(Ord MG 622 5_20_sza�
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ATTACHMENT
Chapter 5.82
BUSINESS PERMIT REGULATIONS
Sections:
5.82.010 Findings
5.82.020 Permit-Required
5.82.030 Permit-Application
5.82.040 Application for Permit- Investigation Fee
5.82.050 Investigation
5.82.060 Permit-Duration
5.82.070 Permit-Conditions
5.82.080 Permit-Denial
5.82.090 Notice of decision by Chief of Police w
5.82.100 Right of appeal to Police Commission
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5.82.110 Notice of appeal - Time limit a
5.82.120 Notice of appeal - Contents
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5.82.130 Action by the City Clerk
5.82.140 Consideration by the Police Commission
5.82.150 Notification of the Police Commission's decision °.
O 5.82.160 Suspension or Revocation of Operator's permit
5.82.170 Notice of hearing
5.82.180 Failure to appear at the hearing Q
5.82.190 Suspension - Designated
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5.82.195 Revocation a
5.82.200 Notice of decision of Police Commission
5.82.210 Right of appeal to Mayor and Common Council
5.82.220 Notice of appeal - Time limit
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5.82.230 Notice of appeal - Contents a
5.82.240 Public hearing may be held
5.82.250 Schedule hearing E
5.82.260 Permit- Abandonment w
5.82.270 Permit-Transfer a
5.82.280 Severability
Packet Pg. 357
ATTACHMEN
A' 5.82.010 Findings
The City of San Bernardino is endeavoring to reduce acts of sexual misconduct,
drug trafficking, and "fencing" activities occurring in the City, and to improve the business
environment in the City. In furtherance of these goals, and to promote the health, safety
and welfare of the public, this Chapter requires regulatory permits for the purpose of
ensuring that preventive action is taken to curb criminal activities from occurring on the
business premises or from being involved with the employees or business operations.
The criminal activities interfere with the safe operation of the businesses in the presence
of patrons and visitors, and the continuance of the premises will be detrimental to the
W
health, safety and welfare of the public. It is further found that such criminal activities have
occurred and are likely to continue to occur on many business premises in the City. Q
(Ord. MC-502, 3-06-86 ) C
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5.82.020 Permit- Required
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A. It shall be unlawful for any person to commence, manage, or conduct any type of o
business enumerated herein, without a valid and unsuspended Operator's Permit
issued hereunder and to not at all times commence, manage, or conduct such
business in compliance with all regulations of such business imposed under or by o
this Chapter, including all conditions imposed by the Chief of Police by or under
Section 5.82.070.
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B. The commencement, management, or conducting of any business regulated by
this Chapter without an Operator's Permit as hereby required or in a manner that is
not in compliance with all regulations imposed under or by this Chapter, including a
all conditions imposed by the Chief of Police by or under Section 5.82.070, shall
constitute a separate violation of this Chapter for each and every day that such
business is so commenced, managed, or conducted.
C. For the purposes of this Chapter, "Person" shall include, but is not limited to, any a
individual who commences, manages, or conducts a business regulated by this
Chapter, whether as principal or agent, clerk or employee, acting personally or E
for any other person, or for any corporate entity, or as an officer of any company,
partnership or corporation, or otherwise. Q
D. This Chapter shall apply to any person commencing, managing, or conducting any
of the following businesses:
1. Hotel;
2. Motel;
Packet Pg. 358
ATTACHMENT C
3. Single room occupancy facility;
6. Any business incidental or auxiliary to the operation of an on- or off-
sale premises licensed by the State Alcoholic Beverage Control,
including but not limited to restaurants, bars, cafes, convenience
stores, liquor stores, and the like.
E
(Ord. MC-1305, 5-20-09; Ord. MC-809, 10-08-
91; Ord. MC-692, 12-19-89; Ord. MC-502, 3-
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6.A.i
ATTACHMENT D
Chapter 1 2.5 6
PARADES6
Sest-Een:
12.56.010 -ne-finition of parai
19-5&90'70 Permit required
12.56.030 interferenGe fith parade
12.56:948
12.56.050 Contents of permit appliGatiGn
1�2.56.060 Conditions to permA Q
17.E f-i 6—070 or denial of permit ++
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19—5 6 Appeal ri
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12.56.110 RevOGation of permit
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1 7 56 1 20 Deposit BarriGad N
12.56o!30 r
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[Return to Municipal Code Contents]
[Rev. October, 2014] 12-50
Packet Pg. 360
ATTACHMENT D
12.56.010 Definition of parade
"Parade"
vehides, Or aRy GOmbinatmen thereof, en any Qty street, sidewalk, alley or other publiG
Fight of way, whiGh !RteFferes with the nermal flow ef pedestriaR or vehiGUIar traffiG er does
A, FuRernl nrnrnccinnc
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to sidewalks and GFOSSing streets ORIY at pedestrian Gresswaiks er street GerneFs
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partiGipating in the parade shall Gross streets on uRits ef fifteen (Dr fewe-F��
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nrl allow vehides to pass between S Inh units. U
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property fer whiGh another type ef City permit is gbtained.
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17 56 020 Permit requir-ed M
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a written permit first haVdRg beeR seGUred from the Chief of POIiGe.- >Z
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parade 0.
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[Return to Municipal Code Contents]
[Rev. October, 2014] 12-51
Packet Pg. 361
ATTACHMENT D
at the effmGe of the Chmef of Pel;Ge not less thaR ten werkiRg days ner mere than
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a-deMGRStratieR is made to the reasoRable satiSfaGtieR of the Chief ef Peke, a
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he er she shall issue a permit despite the !aG'( ef ten days' advaRGe Rot;
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. 2069,-8-04-5-54 cn
4 2.56.050 Contents of permit appliGatian
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2, A `t_temeRt of the nature or n,,rnoce of the n
event =
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The date and the estimated t rtino and er\f ;Rg time of the parade. �
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4- The IOGatien of the prepGsed parade assembly area, area,
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EaGh fleat shall be deSGFdbed iR terms ef its width, height, power SOUFGe, and
for parking whiGhh will be made.
[Return to Municipal Code Contents]
[Rev. October, 2014] 12-52
Packet Pg.362
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6.A.i
ATTACHMENT D
eCity AdMiRistrater, Fire Chief, any affeGted transit GeMpany-, -4R4--G��
departments er entities that will be affeGted by the parade. Based en t
B. Copies ef the parade appliGation shall be
determine have the power t
,
and fore persoRRel, to-Kovide for the public health and safety and to ensure
mimonimam interferonno wi4_itthb,,-qinp-ccc r-f the n,,hlin
`Ord MG 522 5_20_86)
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12.56.060 Conditions to permit (D
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As a GeRdition to gFaRtiRg a parade permit, the Chief of PGhGe may impose
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12.56.070 lssuanGe or denial of permit
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IR aGGOrdaRGe with standards uniformly applied tG SiMilar GeRditmGRS, the Chief of
PE)I;Ge -Shall issue the permit Genditioned UpeR the applhGaRt'S written agreement tO GGMPI!�
vVith any terms ef the permit, uRless the peFmit is denied en any of the follewiRg greuRds:
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movemeRt of traffmG in GGRtiguous areas or will disrupt the use of streets at a time
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of usual troffin GE)ngectinn
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[Rev. October, 2014] 12-53
Packet Pg. 363
6.A.i
ATTACHMENT D
sD. The parade is of a size or nature tiat requires a- diversion of so gfeata-Rumbef-of
peli% prE)teGthE)R to the FernaiRder of the City.
E. The leGatiGR of the parade will substantially interfere with GeRStFUIGtien er
a+
moy ment of ether traffic
furnished is found to be iRteRtiGna#y-false iR any material detail or the appliGaRt L
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fails tG GOmplete the ppliGatieR after haViRg been notified ef addi—e-al
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on the graRting of the permit iR order te ensure the safety E)f eVeRt paltGmpaRts-,
members of the POIiGe Department or the pub"G, or to ensure the erderly flew of
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nothing On this SeGtieR authorizes the Chief ef PEAGe te impese GE)RdmtqeRS whi
f er to avoid the likeHheed of to publiG er private property, that
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(Orin--MG-522,-5 20-96) Q
42.56.080 Alternative to de"
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When the grounds for denial of an appkatiOR GaR be GGrreGted by alteFing the d a)
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tPme, dLlFatiOR, route, OF 1GGatien of the event, the Chief of PeInGe shall, dRstead ef deRying
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(Ord. M(; 522 5 20 86) 19
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[Rev. October, 2014] 12-54
Packet Pg. 364
6.A.i
ATTACHMENT D
12.56.090 Appeal rn,,nnil in r+nnrr7 one ,nii+h the nrn,ii inns of (`hoe+on.�_r 2 FT_
9, if there iS iRSUffiGient tome fer a timely appeal to be heard by the Gernmen GGURG4
...t.. ... r.._ -�
p4e
eptieR, request aR appeal befeFe the City AdMiRistrater. The City AdmiRistrater, Gr
his or her designee, shall held a hearing no later than ME) bUSiRess days after t
E
filing of the appeal, and wk! reRder his or her deGiS"GR no later than ene bu
day after heariRg the appeal. if the appeal is heaFd before the Gity L
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(°r`�I�-cr-G-522, 5 20=86) Q.
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12.56.100 Contents of pern4jt
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lIR ea-G ireri-mit, the Chief et�iTGe shall nurrpraSGFO 0
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XThe time route or Innotion' r-
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'�7� ��—C�FRI-9—Ll7TfC�CL7"TCT—p�CAC�GT—Q-J GTT175�' �T , Q
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disbandoRg of the parade—,
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[Return to Municipal Code Contents]
[Rev. October, 2014] 12-55
Packet Pg. 365
6.A.i
A„W ATTACHMENT D
1 L?e triGtionc on use of amplified sound; arld
j. SUGh other requirements as are fGund to be reasenably neGessary for the preteGt*E)R
of per one and property,
(Ord. I -522--5-2-tt�
12.56.110 RevoGation of peRnft
Any permit for a parade issued pursuant to this Chapter may he c„mmnrfly �
revoked by the City Administrater or Mayor and COMMOR GOURGH at any time or by the
Chief of Poke E)n the date of the parade e-.R '--,y reasen of a present �'--PeGtiVe
disaster, riot, publiG L
4.
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perseRS or property requires suGh reVGGatien. ..,.... .... --rmit is revoked pursuant te
the prevismens of this Chapter, the permit shall be reinstated as soon as the Gendition-s
, er other emergeRGy, determined that the safety 0
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(Ord. MG-522, 5 2111 0611 C!
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12.56. ;20 Deposit BarriGades o
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The spenser of an event desiriRg use ef barFiGades shall be required to provide
;1. The deposit shall be 'R the amoun
depesit pFwer to the issuaRGe of the parade perm.,
established by reselUt"GR adopted by the Mayor and GGMM9R GGLARGil. ti
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12.56.130 indemnifiGation agreement
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that the peFrFlittee/spenseicing organizatbn shall defend the Gity agaiRSt, and
and hold the City harmless from, aRy liability to any-persons resulting from any damage
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^pp..rririg V n GenneGtDOR with the permitted event proximately Gaused by
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or any peFSGR whe was URdeF the , , Q
as permitted by law. Persons whe mere!, J-h. '... - arade are RGt Gensidered by that
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(Orlt�-a–v C-52 , 5 20 86)
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[Return to Municipal Code Contents]
[Rev. October, 20141 12-56
Packet Pg. 366
6.A.i
ATTACHMENT D
12.56.140 insuranGe bedily injury arld preperty damage arising from the parade. SuGh insuranGe shall na
OR the peky er by endersement as insureds the City ef San BerRardine,
OtS effiGers, employees, arld agents. InswranGe GOverage must be maintained fer t
d„ratinn of the event
Coverage shall be a GOMprDk---;"- ---,Reral hability insurance 1301iGy. The minimum
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its required shall be ene rnillieR dollars fGF eaGh E)GGUrrenGe of b9dily injury and
two hURdred fifty thousand dollars fer eaGh GGGWrreRGe ef preperty damage.
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hundred thOUSand dollars. if a'Gehe_'!G beverages are seld or served at the para CL
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less than fide hundred thousand dollars
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must be foled w;th the DhreGtGF ef Human Res9UFGeS Ret less than five days befefe.
the date of the parade URIeSS said DireGtOF fGF geed Gayse waives the filiRg deadli
The parade permit shall net be issued by the Chief ef PON% until after the inswra
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filed by the appinGant/speRser and appreved by said DiFeG
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G7 The onsuranGe requirements of subsectmens A and- B above shall be waived by the
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Chief of Dnlioe for parades if the td 4Rg GendTtief}S are satisfied:
statemeRt that he er she believes the U
parade's Q
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on the right of First Amendment exffesslerl, er that it has been impossible tG
obtaiR insUFaRGe GGverage. The statement shall indude the name and address
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determine ins„ranne premium rates far ins„ranne novera e
(QFd MQ m 1027, Q_(Q_QS • Orr M 522,G 2v 1_-vS2vF7 1
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[Return to Municipal Code Contents]
[Rev. October, 2014] 12-57
Packet Pg. 367
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ATTACHMENT D
12.56.150
Penalfies
A44y-pef-,eR vielatiRg any PFGViSiGR ef this ,
which Ynon Gonvirtion thnroof, is PunishableiR aGGeFdanGe with the nrnvicinn
of Sectlwoi` this �I }
1� 1 c 010 of this Code. GrimiRal—prese�{o t I+�r a-�o ielCttweR of this Chapter
dees not preGIUde the City from pursyiRg any available G').'!' MmPeddihPes arism,g
frem aRy aGtiVity regulated by this Chapter.
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(Ord nnr_522 5_20_
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[Return to Municipal Code Contents]
[Rev. October, 2014] 12-58
Packet Pg. 368
6.A.i
ATTACHMENT E
Ghapter 12.64
MOTION PIGTURE AND TELEVISION PRODUGTION PERMITS
Cenvc:viirvrrs
T0.L' Purpose
12.64.015. llefini+ions
42,64,02--G Permit required
42,64,034 Exemptions
4 7i .04 v AppliGation form
12.64.050. Time for-filing appliGation E
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12.64.060.
12.64.070. Feels
42.aT�_44.075 Qoirnbur ement for Personnel
12.64,.080. Liability Provisions U
47.G12 64090. VAN-& U-
12.64.100. Designated offiner O'
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12.64.010 U
it is the PGliGy ef the City of San Bernardino te permit the MOtiOR O
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PfG"Gtion industry to utilize the variety ef baGkdreps afferded within the Gity ef S
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, television L
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nth w the publiG health and safety er unreaS(DRably eRdaRger any property. it is the purpose
of this Chapter te provide fer rules and regulatieRS geverniRg the iSSURRg ef permitS
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reStriGted so long as their aGtivities iR this regard are REA ORGGnsisteRt With GeRsideratoons-
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of the nu bNG health and safety and the nrotention of property +Cu.
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6.A.i
ATTACHMENT E
Definitions
A, "Motion picture, television, still photography" shall mean and inGlude all aGti
programs, and c)()rnmerGials, on film or videe tape, OF by aRy available teGhR()!E)gy.
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"News Media"shall mein th� Y
"News , �
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(Ord. nary Ina, 10 1 zan)
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47 an 020 Permit Required �
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A, Ne person shall use aRy publiG Or private property, faGility or resideRGe
GGmmerGi-al still phetegraphy without first applying for and reGeiving -- permil, U
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the Gifii PAonalvnr.
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the requirements of this Chanter. r
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6.A.i
ATTACHMENT E
42.64.030 Exemptions
The proyisinps of this Chapter shall not ann�t to
A,
B, The filming or taping of mn
i nyestigatinn or GiVil, judiGial or administrative nreGeedinnc•
Gr Still photegraphy by News Media: FilmiRg, televising, tapiRg
, �C_'
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photographers or Garner--,---.- in the empley of a new&paper, news
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tahlished or fived pla e of business in the Gity; Q
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& Charltable films: Ne permit fee shall be required fGF projeGts whiGh qualify unde-r
SeGtien 50!(G)(3) of the internal Revenue d
Code; rd
' erl r heweyer, that n permit as
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required by this Chapter shell he rnrn iirerl 0
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12.64.040 AppliGation Form O
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shall innli de the fnllnlering infnrrnation•
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Full name of applinant
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9- R,,qinpqq name of applicant• Q
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9, Ri iciness telephone n�amber of applir+ant• Q
aa-ai r-rc�rncrcFr rv-r-r�, ,
QpenifiG Inr•atlnn( ) at whoGh the nativity is to he nonrdiinterd•
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F-. Late(s) and time/s\ si inh aotiyity Will transpire•
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involved, iRG'UdiRg the
Ae make, type and liGeRSe RUmbeps ef all meter vehiGles that e
empleyees will park OR Gity streets or narking lets during filming•
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Packet Pg. 371
6.A.i
ATTACHMENT E
of SUGh anti�iit'i•
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I Gvant number of personnel to he involved•
,
,o USe of aryl' animals or pyr!\teGhR;GS; and
.rte cc , ,
K A general statement of the nharanter or nature of+hemp,- end filming antivitli
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12.64.050 T*rne Filing AppliGation
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AR appliGatien shall be presented W the City A nistFateF at least twe (2) werking >
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A, Four (4) working days in advaRGe fer traffiG GeRtrOl whiGh eXGeeds three U
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t„nt or nenial effect
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12.64.060 O
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aGt*Vmty Unless he or she deterMiReS that the proposed use will unreaSORably
with the use and eRjeyment of the preperty by the pUbl*G, Fesult in damage eF iRjUFY to
the preperty, or will unreasonably affeGt OF iRterfere with the US8 Gf ReffighbeFdRg property
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shall attanh o„oh aonrditions to the permit as he or she finds are nenessary to assure that *'
the aGtivity Will RE)t unreasenably interfere with the use and enjoyment Of ReighbE)FiRg
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12.64.070- coo-
Fees fer the issuaRGe of peFm;ts Fequired by this Chapter shall be set by Feselut;
,
Packet Pg. 372
6.A.i
ATTACHMENT E
4 7 R/1 075 Deknb ursement for Personnel
The appliGant shall reirnburse the City for any personnel p (i.e., poliGe,rev
,
traffin nnntrol) for the purpose of assisting the nrnrluntinn
in-4 PAO_7AR 1(1_17_0
47 64 080 Liability Provisions
A
of a form approved by the City Attorney. SuGh insuraRGe sha-4
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name the City as an additional insured, and shall indemnify and prGteGt the —ity,
OffiGerS, employees and representatives from liaNlity for uses as provided
R the permit with limits of not less than One Million Dollars ($1,000,000) for bedi4y
injuries, !RG!uddng aGGideRtal death, on aGGOURt Of any One OGGUrrenGe, and in N
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aMOURt Of not less than One Million Dollars ($1,000,000) for property damage
aGGOURt of any one OGGurFenGe. The GertifdGate shall Rot be subjeGt to GanGellati
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or modofiGatiGR until thirty (30) days after Written RGtmGe to the City. A GOPY Of the
Ee�iGate hell remain on file in the City Administrator's niGe N
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8-. Workers' Compensation InsuraRGe. AR appliGaRt shall GGRform to an appliGa
Federal and State requirements for Workers' Compensation insuranGe for all N
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persons operating under a permit 1`r
G-. Hold Harmless Agreement. An appliGaRt shall exeGute a hold harmless agreemeRt L
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provided by the City prior to the issuaRGe of a permit under this Ghapte-r.
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appliGaRt may be required to pest a refundable faithful perfermaRGe bond 4)
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GURt to be determined at the time the appliGatien is submitted. UPOR GGMpletien
of the filming 1' 'L 1 the City,
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to appiic-ant-. a
by the City AdMiRiStFat9r If he A-r: she finds that the proposed aGtiVity iRVOl .i.;
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MiRiMal or RE) Fisk to persons or property so as to warrant a waiver er redur.fle_R f0
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ins„ronGe requirement-s.
Packet Pg. 373
6.A.i
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ATTACHMENT E
12.64.090. Violabons
A if a per e,
the City AdmiRistrater may forthwith syspeRd or reveke the- permit.
B, Any persen VielatiRg any previ-s!--l-i of this Chapter is guilty of an iRfraGtieR, whiGh
1.12.010, C„hseGtion R of this Gee
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17 R/1 100 Designated Off innr
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under the Uf this Chapter. The City Administrater, or his or her design
graRtmRg of a permit, and, after the granting of any permit, shall GGerdinate all Gity
OffiGers and services to provide SUGh assmStanGe in the fi'MiRg as i's reasonable
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To offo he rte„ x sec of Chapter, City U
t�e�t�'ie-�C�li��aflC-28��-�.,�E�I��e-�,R—p��post.�-II�#�tS-or-,a��er�h @--Q��� 0
Admonistrater shall have autherity to waive any time limits otheRvise appliGable
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and to ;ssye SUGh ether temporary permits as the Mayor and Common Geu
GOUld de if tome were available for submission Gf SUGh matters to the Mayer a
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ATTACHMENT F
Chapter
12.80
PUBLIC PARKS AND RECREATIONAL FACILITIES
Sections:
12.80.010 Short title
12.80.020 Definitions
12.80.030 Use of parks and buildings exclusive
12.80.040 Permit- Required when group exceeds twenty-five persons
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12.80.050 Park and recreation sponsored classes - Permit required
12.80.055 Consumption of Alcohol in a Public Park - Permit required a
12.80.060 Application for permit
12.80.070 Issuance of permit w'
12.80.080 Denial of permit U
12.80.090 Right of appeal of denial of permit or conditions
imposed on issuance of permit
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12.80.100 Fees and deposits
12.80.110 Liability
12.80.120 Displays and sales
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12.80.130 Park regulations M
12.80.140 Violation - Penalty
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12.80.010 Short title ;v
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The ordinance codified in this Chapter shall be known as the "parks
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and recreation ordinance."
(Ord. 3326, 1-03-73) E
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12.80.020 Definitions
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For the purpose of carrying out the intent of this Chapter, the following words,
phrases, and terms shall be deemed to have the meaning ascribed to them in this section: 2
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A. "Amplified sound" means speech or music, projected or transmitted by electronic
equipment, including amplifiers, loudspeakers, microphones, bull horns or similar
devices which are intended to increase the volume, range, distance, or intensity of
speech or music and are powered by electricity, battery, or combustible fuel.
B. "Building" includes any building, or portion thereof, under the supervision of the
Parks and Recreation Department of the City.
Packet Pg. 375
6.A.i
ATTACHMENT F
C. "Director" refers to the Director of the Department of Parks and Recreation.
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ATTACHMENT F
D. "Park" includes all grounds, roadways, avenues, park facilities, municipal parks
and playground areas, or portions thereof, under the supervision of the Parks and
Recreation Department .
E. "Permit" means a permit for exclusive use of any park or building, or portions thereof,
as provided for in this Chapter.
F. "Person" means persons, groups, associations, partnerships, firms or corporations
unless the context in which such word is used indicates the singular word person
was intended.
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G. "Inline skates" mean skates which are attached to a boot, shoe, or other footwear a
to be worn by the skater.
(Ord. MC-1185, 10-05-04; Ord. 3326, 1-03-73)
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12.80.030 Use of parks and buildings exclusive Un
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The City's public parks and buildings, or portions thereof, may be made available v
for the exclusive use of persons subject to the issuance of a permit by the Director as
provided for in this Chapter. °.
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(Ord. 3326, 1-03-73)
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12.80.040 Permit- Required when group exceeds twenty-five persons d
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It is unlawful for any group of persons, firm or corporation, society or a
organization which anticipates an attendance of more than twenty-five persons to w
conduct any picnic, celebration, parade, service or exercise in any public park or
building or use any park facility, without first obtaining a written permit from the Director
as provided for in this Chapter. w
(Ord. MC-460, 5-15-85; Ord. 3326, 1-03-73)
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12.80.050 Park and recreation sponsored classes - Permit required
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It is unlawful for any person, firm, corporation, society or organization to hold
classes, courses of instruction or any activity where a fee or any form of compensation
is charged or anything of value is obtained in a park or building, except in accordance
with a written permit issued by the Director for such classes, courses of instruction or
activity sponsored by or approved by the Department of Parks and Recreation pursuant
to the provisions of this Chapter.
(Ord. MC-460, 5-15-85; Ord. 3525, 9-10-75; Ord. 3326, 1-03-73)
Packet Pg.377
ATTACHMENT F
12.80.055 Consumption of Aic;ohol On a PubliG Park Permit required
beverages may be autherized by written permit from the City Manager-��
GGRVeRti9RS. S ,h i
permT_�_� t shall be requested in ,n iriSti nrg. The permit if grantnrl
erd"RaRGes ef the City and the general law. ARY permit granted hereURdeF may be
med*fied or summarily Feveked at aRy time by the Mayor, GGMMOR CGURGOI, City
Manager or Ghief of Dnllne Wi. he„t prier potiee or hearing.
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permit Q.
under this ertion shall file an appliGation for Same inrt hthnen DireGtnr n„rc„ant �
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to the prnneu,irec set forth in C_e_Gtinn 12.80.060,060 Hnrl shall in Glearly ;
et forth in the npplieetion at n mini vv vv N v addition, W
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the inteRt tO offer, give eF fUrRish alGehok beverages during the ev cn
de Bribed in the epplieation for permit
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distributed,
(') the mariner fer neptrel of the distrih„tinn of alcohol at the event and N
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Any use permitted hereURder shall hrrted to the Gonc, PtOG i—of +
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(Ord. , ar
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6.A.i
ATTACHMENT F
12.80.060 AppliGation for per-mi
with the DoreGter, net less than ten days, nor more thaR RiRety days, prior te the pFE)pesed
use ef the park or building. UpOn a showing ef good Gause, the DireGter may waive the
ton day period.
A, The name ef the sp--.----,,ing eFganizatien; ".',.e R--.—,,e, business ,
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the prnpeserl artiiiity; }
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B- The park, h„ilrling nr parting thereof anplierJ far s+
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G, The starting and finishing time of the prnpeserl ertivity•
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E, Ad&ional City fadlities ,
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park,be breught iRte the
the nature and duration of the use of any amplifier) sou Rd; O
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G, Estimator) number of parking spares required; V
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ef appFGVed Glass OF GE)Wrse Of iRstrUGtk)R, the proposed fees that are to be Gharged E
for r the Glasses or Gon,,rse�ros of iiisci'z'rcc�cnirp-r U
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6.A.i
ATTACHMENT F
47 Stn n7n (ssuanno of permit-
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shall be mamled to the apnli-a4
from the PFE)ME)tiE)R Of PUbliG PeaGe, health, safety and FeGreatiOR.
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time. GleSiRg times fer eaGh buildiRg shall be set by the D;reGter and shall be >
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uniformly applied. co
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the permit the OGGUpanGy lead of the building. C)
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tivity. The r
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designee,time and piaGe prier to the proposed aGtiV4y, whiGh tome and plaGe shall be set
by the Chief Of PeliGe or his designee. The appliGaRt shall, withirl the-til,rie li,mit
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RGluding their names, addresses and telepheRe numbers. The appliGarit his option, provide police reserve pers()RRel or duly liGeRsed private , at
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, on the numbers appFeved by the Chief of PeliGe.
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private patrolmen nn orientation cession will be required r
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for, with the GGRseRt Of the appliGarit, IR the eveRt that a permit has already be
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ssued for the requested park, er wheR SUGh requested paFk dGeS RGt meet the
Reeds Of appliGant or is 9theRNise deemed URSUitable for the purpose ef the
Q
Packet Pg. 380
ATTACHMENT F
G. lR the event the perm it a pplied for isfoF the purpeses of holding or GoRduGtiRg Glasses,
Of Parks and ReGreatien, upen or on a park, building er other pub!;G PFO-P--.-'-'
DireGtor shall only GGRsider the appliGatiens for a permit if he finds and determin
that the City Department of Parks and Re-matien is sponsoring, oln
the Glasses er ceurses Of iRStrUGt*E)R or aGtovity and that the of Glasses
tablished and approved by the Department of Parks a Rer.-reetien. lR the
event it in so determined, then it shall he a requirement that the Only GomneRsatinn
allowed er permitted feF the pregFarn shall be the fees Gharged fer the Glasses eF
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Go,,rses of instr,,Gtien or aGtirrity, and the DmreGtnr hall establish h appropriate fees to
cv'cn�v-.-v,-rr,�crcticrorr'o�cr�..�,..�y� .,+..... ...c ••••••• E
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fees, ^�
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and QeGrnatinn pnnsnrerd programs avid the Rat e length and type Glasses of Ga nr ;
Gn,,rs es of instr„Gtinns v, v,�vvvv v, W
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\nrrd 3575 948- ' Ord.3326, 1—rl'l 7'17 Q
12.80.080 Denial of permit 1�
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Gnnlditions exist
4, That the appliGation reveals that the Gity has RO park or building whiGh will
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reserve OffiGers must be speGofiGally Galled to duty, beGause the preposed
aGtivity is ef a size GF Rature that the diversion ef se great a numbeF Gf PG"Ge 4)
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the City will be witheut adequate poliGe proteGtieR;
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That the ppli nt refuses to agree in Writing, to Gomply With all �
-rn�crrG—'Ct�77�m1z7u.7c�a—tiv—ct�TVt.�m—� r co �—..�.�� y
Gnnrditinns in the hermit E
4, That the apploGaRt failed to file GIR @ppImGat;OR within the appropriate time U
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limits;
C.5, That he parr faGility or building is not available due-r-rrwa� �crrr��crrrcy—o>�raTr� g crur�—a-u�te—_rW
resepratinn thereof;
Packet Pg. 381
6.A.i
ATTACHMENT F
6. That the appliGant or erganization has violated SeGt;eR 12.80.1
within the past two years whether er RGtthe-V������
Or nnpVintinn•
7. That the appliGaRt or orgaRizatier) has failed to pay the City for past damag
to an- -ark, faGility, building, equipment er furniture, oi.vneri er nAntrolled by
the Gity, whiGh damages resulted from or arose eut ef the-a-CA.Vity ef permittee;
,
2. \/Uhen a h atdeuS GORditn—threatens-the p-'--3Ff'iG-i,-,aRtS, s'peGt atcerS, staff,
fanility, equipment or building; N
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9�-. if the permit applied for is for the purposes of holdiRg Glasses er --ourses ef
inStFUGtion Or aGtiVity OR Gity property for fees for any prGgram Rot app-proo'
SPORSGFed er sanGtheRed by the City's Department of Parks and ReGreatieR;
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10. That th,-- appliGaRt has failed tO GGFRply with any GORditions impesed en any Q
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Chapter;,I.— V—rnits issued pursuant to the previsieRs of this O
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11. if the requirements of this (chapter and all other laws are not mot T'
n v�„�, uvr..+ a ����. fC
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B. The DireGtOr shall speGify in Writing the groURGIS for the denial of the permit. N ti
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(Ord 3552E a 10 75. Ord. 337E 1 03--73)
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12.80.090 Right of appeal of denial of permit Or Gonditions
A7 The appliGant may appeal the denial ef a m
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i „ one of a Hermit h�i the dirertnr, to the �'itv Administrator
S--.-...-- -� - permit, -� the - G, y . .... U
$- The appliGant must file the appeal with the Gity AdrniRiStFatoF within five days of Q
appeal,the [DireGtOF'S mailing Gf SUGh deGision. The City AdministFatE)F shall hekl-a hear;--
Within three days of the filing ef the ' S
at whiGh time the appliGaRt may present any and all evideRGe, testimOrly, a U
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infermatinn relevant to the applination `
G-. In the Gase ef a denial ef a permit, the City AdMiRiStratGF shall, within twenty four
hours ef the appeal heaFiRg, issue his deGiSiGR, either affirming the denial-ef
the app"GatieR, Or d*reGtiRg the DireGtOr Of Parks and ReGFeatieR W issue the
permit as applied for, subjeGt tO reasonable terms and GORditions. When the
Q
Packet Pg. 382
6.A.i
ATTACHMENT F
appeal is taken on the -itiens impesed by the Dirp_r_-.tn-.r of P-arks and ReGreation,
the Ql- Administrator shall within twenty fe- ours of the—he---;-�- ;qq-,p hm.,;
p-isio,r-either affirming the—EOnditie RS—imposed or diFeGtiRg the Di;eGter to
issue the permit with omenrderd r+onrlitions
D. The dedSion of the City Administrate-r shall be final --nd b;nding; provided, that
the Mayer and COMMOR GOURGil reserves the power to overrule or modify SUGh
denisiop and to issue or deny the permit
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4 7 Q(1 'Inn Fees and deposits 0
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A, Upon granting of a permit under this Chapter-, any fees or depGsits c
required for
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parks,the use of City personnel, (�
by the appliGant to the DiFeGter ne later than three working days before the date
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the aGtiVity is to be held. if the fees or depesits are not paid on eF by the third day N
before the aGtiVity us to be held, the permit theretofore issued shall be null and void-,
ided, that the DireGter upon showing of good Gause may permit payment at any
prov
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Time prior r too_the proposed use. U
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the use of the publiG parks and buffi4Rgs and for the rental or use of equipme
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fadl.lities onrl personnel Copies of the feeSGhngule shall be made voiloble to thn i
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PUbl*G by the Deportment of Parks and Renreotinn
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Waivers and Rvemptinns. �
4-7 The following groups shall Pay RO fees for a perm4t. T
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a: Parks, ReGreatien and Community ServiGes Department spensnrea
a oriV i ti e s. Q�
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Parks, Renreatinn and Community CePAGes Deportment nocponsorerl U
aGtivities
�C7�V'TL7..�..T �
G-. The Mayer nr his de in T ee- m'e'�� _profit osce n niretrin-n s an-d "�•
tfeRs organized primarily for patriot G, GiViG betterment—ee-r
Gharitable purposes or any Innnl Givnra or r-horitohle nrrrenizatiGn from the
rern,irement to pay a fee for the use of pork and renreotinn buildings onrl
Packet Pg. 383
6.A.i
ATTACHMENT F
faGilitieS upon a finding that the fee would Greate a finaRGial hard
)ardizing the aGtivity Or event planned fbr SUGh use and that the
Shor rlrl he r rnnnrterl with nr rhlir• fynrl,
(1) The word r r as used herein is defined to mean aR OFgarliZatiOrl
whose membership is Gemprised Of fifty GRe peFGent (511%) of Gity
rnciti.zrace rts.
(2) As a Gerldition of exemption, the aSSE)GmatiOR,erganizatien or group seeking exeMption may be required to per-form
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serVlGe� Or provide laher henefiGial to the f ity nr its residents.-0�.�-vr�.._�.c_ -- provide-- ---- -- -- -- _ -•ar co nT�o�rc� o�r-�r��rc.�ruc,i r crJ-.
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7 The following grnr rn, ,hall nay rerlr rr•erd foes in the amor rnt a, ,neGifierd•
�vcrp�r,cri r �... _. W
a. The Can Bernardino Gity Unified Crhnnl Di,triGt ,hall nape fifty nerngn,t N
(50%) of the established rates. �
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serving the ity of Con Rernardinn are those eFganiZatiORS Keehn, 0
or npriR al purpose is te provide a serviiGe am to nartiGipants, N
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general Under the age of 18, of which at least 51 nerGent (511%) reside i M
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for ,e of nr rtdonr athletes fanilitie, O
D. Refundable damage bGRds and Glean up use
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deposits. athletiG T
events, +r
ra,4 sers and ether events which WaFFaRt SUGh bORds and deposits based OR SpeGifiG
numbers of nennle and uses of fanilities and equipment.
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E. Refundable depesits. RefURdable depesits held pursuant to this erdiRaRGe may
be refunded "n full er On part wothin feurteeR (14) days after Gempletie—A ef the
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per ed. Ne refURd shall be made URW using party Or groups has seGuFed a sigR
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RSPeGtiOR and release fOFM from the appropriate faGility r and delivered ++
th4s exeGuted release form to the w
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Parks,
&ha—.l he made from the ,aid denn,it by Gity.
F. UthluzatiOR Of Gity Employees. During arly eveRt Vvhen a Gity employee or employees
•r a fee shall
he paid ern riyalent to the total nest of said emnlnvees
v-
Packet Pg. 384
6.A.i
ATTACHMENT F
1 7 Stn 11 n liability
All persens to whom an eXG'usive u
equip..-9nt and furRitUFe Gwned OF G9ntrelled by City, whiGh results from the aGt Vity of the
permittee OF is Gaused by any partiGipant in the aGtiVity�
,
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1 7 80 4 20 Displays and sales E
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it is ,mlawful for aRy nersnri to ell or offer fnr solo or,v mernh Rdise nrtiGle nr thine
park,of aRy kind or nature whatsoever M any -'-Ib!iG or reGFeatienal faGility, ;RG-ludiRg all W
grOURdS, readways, avenues, park faGilities, MYRIGIpal parks arld playgreuRd areas, er
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Department, unless SUGh person pessesses a written deGUment fr9m the DireGtor ef
Parks, ReGreatiGR and COMMURity SeP�iGeS GensentiRg to SUGh sale or offer for sale.
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(Ord. MC , 1 03 731/ CU
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NL 12.80.130 Park regulations M
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Within the limits of any public park or playground in or upon any facility or building $
located therein and owned or controlled by the City, it is unlawful for any person to: W
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A. Cause the amplification of sound exceeding twenty-five watts total output from all r
channels of equipment used except pursuant to an exclusive use permit issued
under this Chapter and subject to the following conditions: s
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1. The location of any bandstand and the position of each loudspeaker shall be a
as specified by the Director so as to allow the least amount of amplified sound
to be audible in any adjacent residential neighborhoods. E
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2. Amplified sound shall not exceed ninety-five decibels (dba) at a point fifty feet a
in front of the center point of the distance between loudspeaker installations.
B. Play or practice golf or use golf clubs in any area not designated for such use;
C. Operate any motor driven model airplane except in areas designated for such use;
D. Operate or park any motor vehicle as defined in the California Vehicle Code within
a park except upon areas designated for such use;
Packet Pg. 385
6.A.i
ATTACHMENT F
E. Operate, drive, or ride upon any bicycle, unicycle, tricycle, horse or any other animal
in any park except in areas designated and posted specifically for such use;
F. Leave any garbage, trash, cans, bottles, papers or other refuse elsewhere than in
the receptacle provided therefor;
G. Use or attempt to use or interfere with the use of any table, space of facility which
at the time is reserved for any other person or group which has received a permit
from the Director for the use thereof;
H. Discharge or shoot any firearm, air gun, slingshot, or bow and arrow except at
places designated and posted specifically for such purposes; a
I. Dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or
flower, or any portion thereof except a duly authorized City employee in the w
performance of his duty;
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J. Remove any wood, turf, grass, soil, rock, sand or gravel from any park except a N
duly authorized City employee in the performance of his duty;
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K. Cut, break, deface, or disturb any rock, building, cage, pen, monument, sign, fence,
structure, apparatus, equipment or property except a duly authorized City employee
in the performance of his duty;
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L. Light or maintain any fire unless such fire is lighted and maintained only in a stove C
or fire circle or place provided for such purpose;
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M. Throw rocks and waste matter in unauthorized places;
N. Bathe or wade in or otherwise pollute the waters of any pond, stream, lake or s
pool unless wading or bathing are allowed in designated streams or pools Y
or portions thereof; e
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O. Frighten, chase, set snare for, catch, injure or destroy any wild quadrupeds or E
birds; or destroy, remove or disturb any of the young or eggs of same, or to injure
or maltreat any domestic or other animals; a
P. Camp, lodge or tarry overnight unless there are set aside certain places for this
purpose; the provisions of Section 12.68.020 regulating loitering and tarrying in any
public park is adopted by reference;
Q. Indulge in riotous, boisterous or indecent conduct; and no noisy, disorderly
or offensive person shall be allowed within the park; the provisions of Chapter
9.32 prohibiting any person from drinking alcoholic beverages in a public place
is adopted by reference;
[Return to Municipal Code Contents]
[Rev. October, 2014] 12-80
Packet Pg. 386
ATTACHMENT F
R. Roller skate or bicycle upon tennis courts in any public park within the City; and
S. Enter any toilet facility designated for the use of female persons within any
public park or go into the vault of or be within such toilet facility, excepting
therefrom females, boys under the age of six years, and park employees
while acting within the scope of their duties of cleaning or repairing the toilets; or
cut, deface, or make any writing or marking on, the walls of any toilet facility or
structure within any public park.
T. 1. Skateboard or inline skate at a City-owned skateboard park without wearing a r
helmet, elbow pads, and knee pads; E
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2. use this facility for skateboarding or inline skating if under the age of fourteen r_
(14) years without being supervised by an adult; w'
3. use any other equipment other than skateboards or inline skates at this facility; c.
4. skateboard or inline skate during rain or wet conditions at this facility; and/or, N
5. if not an adult supervising someone under the age of fourteen (14) years, o
r enter (by passing through the entrance/fence) or remain in the skateboard N
park while not actively skating at all times. M
(Ord. MC-1180, 9-09-04; Ord. MC-1171, 4-06-04; Ord. MC-1170, 3-18-04; o
Ord. MC-460, 5-15-85; Ord. 3643, 5-25-77; Ord. 3326, 1-03-73) a
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12.80.140 Violation - Penalty '
Any person, firm or corporation violating or causing the violation of any provision of E
this Chapter is guilty of a misdemeanor, which upon conviction thereof is punishable in U
accordance with the provisions of Section 1.12.010 of this Code. a
(Ord. MC-460, 5-15-85; Ord. 3326, 1-03-73)
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[Return to Municipal Code Contents]
[Rev. October, 2014] 12-81
Packet Pg.387
ATTACHMENT F
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[Return to Municipal Code Contents]
[Rev. October, 2014] 12_82
Packet Pg. 388
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ATTACHMENT G
CHAPTER 19.70
TEMPORARY USE PERMITS
MCC 1385 1/16/13
Section Page
19.70.010 Purpose ................................................................................ IV-19.70-1
19.70.020 Permitted Uses—Temporary Use Permits...................................... IV-19.70-1
19.70.020 Permitted Uses—Special Event Permits......................................... IV-19.70-2
19.70.030 Exemptions............................................................................ IV-19.70-2
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19.70.031 Prohibited Uses....................................................................... IV-19.70-3 a.
19.70.035 Development and Operational Standards for Temporary Use Permits .... IV-19.70-3
19.70.036 Development and Operational Standards for Special Event Permits....... IV-19.70-5 w
19.70.040 Application and Permit Issuance.................................................. IV-19.70-6 —
19.70.050 Findings................................................................................ IV-19.70-8 C.
19.70.060 Conditions of Approval............................................................. IV-19.70-8 `n
19.70.070 Condition of Site Following Temporary Use................................... IV-19.70-9 N
19.70.080 Revocation ............................................................................ IV-19.70-9 r
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19.70.010 PURPOSE
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The Temporary Use and Special Event Permits allows for short-term activities which may be
appropriate when regulated. a
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19.70.020 PERMITTED USES-TEMPORARY USE PERMITS a
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The following temporary uses may be permitted, subject to the issuance of a Temporary Use Permit: r-
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1. Real estate offices and model homes within approved development projects;
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2. On- and off-site contractors' construction yards in conjunction with an approved
development project;
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3. Trailer, coach or mobile home as a temporary residence of the property owner when a valid w
residential building permit is in force; a
4. Puy pk4 and Christmas t fee sal lots;
5. Fireworks stands;
6. Emergency public health and safety needs;
IV-19.70-1 Rev. Jan.
2013
Packet Pg.389:'
ATTACHMENT G
7. Temporary vehicle sales and car shows held at San Manuel Park;
g. 1 F a„r washes;
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10. Food carts, operated at fixed,pre-approved locations in the Main Street Overlay District;
11. Food trucks on private property(limit of three trucks);
12. Group assemblies not subject to Section 19.70.025; and E
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13. Similar temporary uses which, in the opinion of the Director are compatible with the land
use district and surrounding land uses, pursuant to Section 19.02.070 (3) (Similar Uses W
Permitted).
19.70.025 PERMITTED USES- SPECIAL EVENT PERMITS (n
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The following temporary uses may be permitted, subject to the issuance of a Special Event Permit:
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1. Group assemblies with more than 100 attendees and/or for a duration longer than three days °.
(excluding set-up and break-down);
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2. Circuses, rodeos and carnivals film-making activities parades marches street closures, o
rights-of-ways st eet to ea ffiplianee with Chapter-5.42 of the Munieipal Code; CL
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3. Fairs, festivals and concerts, when not held within premises designed to accommodate such a
events, such as auditoriums, stadiums,or other public assembly facilities;
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4. Pumpkin and Christmas tree sale lots•
5. Fund-raising car washes;
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6. Produce stands in community gardens; E
7. Food truck events (more than three trucks). Q
8. Certified Farmers Markets.
19.70.030 EXEMPTIONS
The following uses are exempt from the provisions of this chapter:
IV-19.70-2 Rev. Jan.
2013
Packet Pg. 390
ATTACHMENT G
1. Garage and and sales provided the sales do not occur more than 12 times per year, for no
g Y , p P
more than three days per event, and only on the third weekend of the month, in compliance
with Municipal Code Section 8.14.070.
2. Temporary outdoor displays and sales,pursuant to Chapter 5.22 of the Municipal Code.
3. City-sponsored uses and activities, or activities occurring on City-owned property, occurring
at regular intervals (weekly, monthly, yearly, etc.). Other City permits (building permits,
encroachment permits,etc.)may be required.
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19.70.031 PROHIBITED USES a
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1. Any use not allowed in the underlying land use district. w'
2. Any food preparation activity, except for approved food carts, food trucks, or in conjunction Q
as an accessory to an approved larger-scale temporary use or special event (i.e., food
preparation as part of a carnival or company employee appreciation event). N
3. Outdoor sale of goods not accessory to a primary retail use on the property or accessory to an o
event sponsored by an educational, fraternal, religious, or service organizations directly
engaged in civic or charitable efforts, or to tax exempt organizations in compliance with
501(c) of the Federal Revenue and Taxation Code(i.e.,flower stands at a service station).
0
4. Car washes not sponsored by an educational, fraternal, religious, or service organizations C
directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance v
with 501(c) of the Federal Revenue and Taxation Code or by a bereaved family, and/or not
located on the property controlled by the sponsoring entity, or on sites approved and
developed as a commercial car wash.
5. Animal rides/petting zoos not in conjunction as an accessory to an approved larger-scale
temporary use of special event(i.e.,with a Christmas tree sales event or carnival). Q
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6. Any other temporary use determined to be a nuisance or which does not comply with the E
requirements of this Development Code(i.e., located in a required parking space).
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19.70.035 DEVELOPMENT AND OPERATIONAL STANDARDS FOR
TEMPORARY USE PERMITS
A. Real Estate Office and Model Homes
1. Accessory facility only. On-site temporary real estate offices or temporary model
home complexes, may be established only within the boundaries of a residential
subdivision for the limited purpose of conducting sales of parcels within the same
IV-19.70-3 Rev. Jan.
2013
Packet Pg.391
ATTACHMENT G
Aft
subdivision. Off-site sales of A arcels from any temporary office shall require a
Conditional Use Permit.
2. Allowed locations. In all residential land use districts and all mixed-use
developments with a residential component.
3. Requirements. A temporary real estate sales office of model home complex
established or maintained in compliance with this Subsection shall meet all of the
following requirements:
a. An agreement and a cash deposit or surety bond in an amount sufficient to E
guarantee to the City the removal of the sales office or model home complex, a.
or the restoration of the premises in conformity with the approved
Development Permit and with the applicable provisions of this Development W
Code within 60 days after the last residence or parcel within the subdivision
has been sold and escrow closed shall be required. Q
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b. Off-street parking shall be provided at the same ratio as required for offices N
in compliance with Chapter 19.24(Off-Street Parking Standards). r
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4. Duration. The temporary real estate sales office and temporary model home
10 complex may be maintained until all of the on-site parcels in the subdivisions have
been sold and the escrow closed. �?
B. On- and Off-Site Contractors' Construction Yards - Shall be operated erated only 1n con j unction c
CL
with an approved building permit. The construction yard shall be removed immediately v
upon completion of the construction project. °-
C. Temporary Residence — Shall be limited to the property owner and only when a valid
residential building permit is in force.
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D. Pumpkin and Christmas Tree Sale Lots Q
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1. Exemptions. A permit shall not be required when such sales are in conjunction with E
an established commercial business holding a valid business registration certificate.
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2. Duration. Pumpkin/Christmas tree sales shall only be held from October 1 through
December 31.
3. Vacant Lots. Applicants for Pumpkin/Christmas tree sales proposed on vacant lots
shall provide adequate on-site parking spaces and access. A site plan shall be
submitted to the Planning Division for review and approval and a $1,000 cash
deposit shall be provided to ensure clean-up of the site.
IV-19.70-4 Rev. Jan.
2013
Packet Pg. 392
ATTACHMENT G
E. Fireworks Stands — Allowed with a Temporary Use Pen-nit when in compliance with
Chapter 8.60 of the Municipal Code.
F. Temporary Vehicle Sales and Car Shows may be held in the San Manuel Park, subject to an
approved Temporary Use Permit. These activities are limited to twice per calendar year for
a maximum of seven days per event type.
G. Fund-Raising Car Washes
1. Sponsorship shall be limited to educational, fraternal, religious, or service
organizations directly engaged in civic or charitable efforts, or to tax exempt E
organizations in compliance with 501(c) of the Federal Revenue and Taxation Code, nom.
or to bereaved families.
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2. Fund-raising car washes shall occur no more than 12 days per calendar year per i
property. Q.
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3. Fund-raising car washes shall occur on the property controlled by the sponsoring N
entity,or on sites approved and developed as a cominercial car wash.
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4. Fund-Raising car washes shall be conducted in compliance with applicable °.
stormwater regulations to minimize potential water quality impacts.
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H. Food Carts — Shall be operated only at fixed, pre-approved locations in the Main Street
Overlay District, at least 500 feet away from any restaurant and under current permits from
the County Environmental Health Services Division. v
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I. Food Trucks — Shall be limited to no more than three trucks at any one time, on the same w
property occupied by the business/establishment hosting the temporary event, for no more
than three days per event,with no event occurring more than twice per year per location and =
under current permits from the County Environmental Health Services Division. For the w
purposes of this Subsection, a shopping/business center shall count as a single host a
business/establishment. All other food truck events shall comply with Section 19.70.036
(Development and Operational Standards for Special Event Permits). E
I Group Assembly—A Temporary Use Permit shall be required for a group assembly not to Q
exceed 100 persons nor continue for a duration exceeding three days (excluding set-up and
break-down). A Special Event Permit shall be required for all group assemblies exceeding
these parameters, and for all circuses,rodeos, carnivals, fairs, festivals and concerts when not
held within premises designed to accommodate such events, such as auditoriums, stadiums
or other public assembly facilities. No pen-nit is required for group assemblies that occur
completely indoors and within premises designed to accommodate such events.
IV-19.70-5 Rev. Jan.
2013
Packet Pg. 393
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ATTACHMENT G
19.70.036 DEVELOPMENT AND OPERATIONAL STANDARDS FOR
SPECIAL EVENT PERMITS
A. Group assemblies over 100 attendees or for a duration longer than three days (excluding set-
up and break-down), and for circuses, rodeos, carnivals, fairs, festivals, concerts and similar
uses, a Special Event Permit shall be required unless the event occurs in a facility designed
to accommodate such events. Events subject to a Special Event Permit shall occur no more
than a maximum of 15 days per 180-day period per location.
B. Food Truck Events—In addition to complying with all applicable San Bernardino food truck Y
event requirements, a Special Event Permit shall be required for all proposed food truck E
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events that do not meet the criteria stated in Section 19.70.035.1. a
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1. Location. Food truck events may occur on any property improved with a non- W
residential land use up to two times per year per location for a maximum of three
days per event. A Special Event Permit does not allow a food truck operator to roam a
the City streets. Food trucks operated in associated with an approved Special Event N
Permit must operate from the approved location per the permit only. N
2. Vacant lots. Food truck events shall not occur on vacant lots or on unpaved o
surfaces.
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C. Certified Farmers Markets are allowed in the CG-1, CG-2,CG-3, CR-1,CR-2, CR-3, CCS-
1, CCS-2,CCS-3 and CH land use districts subject to the following criteria: o
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1. Such use shall be limited to not more than 120 days in a calendar year.
2. Adequate provisions for traffic circulation, off-street parking, and pedestrian
safety shall be provided to the satisfaction of the Community Development
Director. _
3. Seventy-five percent (75%) of the total farmers market sales area must be for the a
sale of farm products such as fruits, vegetables, nuts, herbs, eggs,honey, livestock
food products (meat, milk, cheese, etc.), or flowers and value added farm products E
such as baked goods,jams, and jellies.
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4. Farmers markets shall be certified and comply with the requirement of Chapter
10.5 Direct Marketing Requirements of Division 17 of the California Food and
Agriculture Code.
5. All farmers markets shall have a market manager authorized to direct the
operations of all vendors participating in the market on site during hours of
operation. Farmers market managers shall obtain and have on site all operating
and health permits during hours of operation.
IV-19.70-6 Rev. Jan.
2013
Packet Pg. 394
ATTACHMENT G
Aft
6. Operating rules, hours of operation, and maintenance and security requirements
shall be submitted for review to the satisfaction of the Community Development
Director.
D. Parades
1. Definition of parade: "Parade" means a march, procession or athletic event
consisting of people animals vehicles or any combination thereof, on any City
street sidewalk alley or other public right-of-way, which interferes with the
normal flow of pedestrian or vehicular traffic or does not comply with traffic E
laws or controls. a
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The definition of parade does not include the following:
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A. Funeral processions. o
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B. Parades of forty or fewer pedestrians marching along a route which is o
restricted to sidewalks and crossing streets only at pedestrian crosswalks or
street corners in accordance with traffic regulations and controls,provided
that pedestrians participating in n the parade shall cross streets in units of fifteen
or fewer persons and allow vehicles to pass between such units. o
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C. Parades, athletic events or other special events occurring exclusively on a
City property for which another type of City,permit is obtained. r
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(Ord. MC-522, 5-20-86; Ord. 2069, 8-01-55)
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2. It is unlawful for any person to conduct, manage or participate in apy parade
without a written permit first having been secured from the Community a
Development Director and the Chief of Police.
E
3. Interference with parade. It is unlawful for any person to knowingly join or
participate in any parade in violation of any terms of the permit for the a
parade, join or participate in any permitted parade without the consent of the
parade sponsor, or in any manner interfere with the progress or orderly conduct
of the parade. (Ord. MC-522, 5-20-86; Ord. MC-369, 5-22-84 ; Ord. 2069, 8-
01-55
4. Permit application procedure.
A. Any person desiring to conduct a parade shall file a verified application for a
IV49.70-7 Rev. Jan.
2013
Packet Pg.395
ATTACHMENT G
permit at the office of the Communit y Development Department not less than
ten working days nor more than six months before the date on which the
parade is proposed to be conducted.
B. If an application is filed after the filing deadline, the Community
Development Director and the Chief of Police shall immediately investigate to
determine if he or she has sufficient time to process the application, to
investigate the effects of the parade on traffic and other conditions, and to
obtain police services for the event. The applicant may demonstrate that
the circumstances ig ving rise to the parade did not reasonably allow the
participants to file for a permit within the time prescribed and that aEi
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imposition of the time limitation would unreasonably restrict the right of °-
free speech. If such a demonstration is made to the reasonable
satisfaction of the Community Development Director and the Chief of w
Police, he or she shall issue a permit despite the lack of ten day �?
advance notice.
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5. Contents of permit application
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A. The application for a parade permit shall provide the following information: °.
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1. The name, address, and telephone number of the applicant, the L
sponsoring organization, the parade chairperson, and an alternate Q
contact person. The Community Development Director and the Chief
of Police may require a written authorization from an officer of the a
sponsoring organization. '
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2. A statement of the nature or purpose of the event.
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3. The date and the estimated starting and ending time of the parade.
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4. The location of the proposed parade assembly area, disbanding area,
and the route proposed for the parade. Q
5. The type and estimated number of participants, vehicles, animals and
floats. Each float shall be described in terms of its width,height, power
source, and speed. The number of participants in each marching unit
shall be given and any sound amplifying equipment proposed for use
shall be described.
IV-19.70-8 Rev. Jan.
2013
Packet Pg.396
6.A.i
ATTACHMENT G
6. The training and instructions to be given to parade participants, the
number and location of parade monitors to be employed or utilized,
and arrangements for parking which will be made.
B. Copies of the parade application shall be furnished by the Community
Development Director to the City Manager, Fire Chief, any affected transit
company, and other City departments or entities that will be affected by
parade. Based on the information supplied, the Community Development
Director and the Chief of Police shall determine and have the power to
specify as a condition of the permit the location of water and aid stations,
policing requirements, traffic routing, provision for sanitary facilities, and w
other conditions reasonably necessary to ensure the safety of participants E
spectators, and police and fire personnel, to provide for the public health and a.
safety and to ensure minimum interference with business of the public.
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6. Conditions to permit. As a condition to rig a parade permit the Community
Development Director and the Chief of Police may impose reasonable a
requirements concerning the time and place of the parade the area and manner of N
assembling and disbanding the parade, the route and spacing of all units the N
maximum length of the parade, the maximum and minimum speed the stops
permitted, accommodation of other traffic, the number and type of vehicles levels o
of sound amplification and other requirements found necessary for the protection
of persons and property and for control of traffic.
7. Issuance or denial of permit. In accordance with standards uniformlyapplied to a
similar conditions, the Community Development Director and the Chief of Police
shall issue the permit conditioned upon the applicant's written agreement to comply v
with any terms of the permit, unless the permit is denied on any of the following d
grounds:
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A. An application received prior in time has been approved for the same time and
place requested by the applicant or at a time and place so close as to cause Q
undue traffic congestion or exceed the ability of the Cites provide police and ..
other services for both events.
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B. The time, route, or size of the event will substantially interrupt the safe and r
orderly movement of traffic in contiguous areas or will disrupt the use of
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streets at a time of usual traffic congestion.
C. The concentration of persons animals and vehicles for arp ade purposes
will prevent proper police, fire or ambulance service to contiguous areas
D. The parade is of a size or nature that requires a diversion of so great a number
IV-19.70-9 Rev. Jan.
2013
Packet Pg. 397 ,
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ATTACHMENT G
of police officers to police the line of march and contiguous areas that it will
prevent reasonable police protection to the remainder of the City.
E. The location of the parade will substantially interfere with
construction or maintenance work scheduled upon or along the he City streets or
will interfere with a previously granted encroachment permit.
F. The time, route and size of the parade will unreasonably disrupt the w
movement of other traffic. E
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G. Information contained in the application or any supplemental w
information furnished is found to be intentionally false in any material detail
or the applicant fails to complete the application after having been
notified of additional information that is required. rn
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H. The applicant fails or refuses to comply with any condition reasonably
imposed on the rg anting of the permit in order to ensure the safety of event
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participants, members of the Police Department or the public or to ensure the
orderly flow of traffic or to avoid the likelihood of harm to public or private
property, provided that nothing in this section authorizes the Chief of Police to
impose conditions which unreasonably interfere with the right of free speech.
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(Ord. MC-522, 5-20-86) C
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8. Alternative to denial: When the grounds for denial of an application can be a.
corrected by altering the date time duration route or location of the event the
Community Development Director and the Chief of Police shall instead of
denying the application conditionally_approve the application upon the s
applicant's acceptance of conditions of permit issuance The conditions imposed
shall provide only for such modifications of the applicant's proposal as are Q
necessary to achieve compliance with Section 12.56 070 c
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9. Appeal
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A. Any applicant aggrieved by the decision of the Community Development
Director and the Chief of Police with reference to the issuance conditional
issuance or denial of a permit may ppeal to the Common Council in
accordance with the provisions of Chapter 2.64.
B. If there is insufficient time for a timely ppeal to be heard by the Common
Council prior to the date on which the event is scheduled the applicant may
at his or her option request an appeal before the City Manager. The City
IV-19.70-10 Rev. Jan.
2013
Packet Pg.398
6.A.i
ATTACHMENT G
Manager, or his or her designee shall hold a hearing no later than two
business days after the filing of the appeal and will render his or her decision
no later than one business day after hearing the he appeal. If the appeal is heard
before the City Manager, the City Manager's decision shall be final. The City
Manager may impose any conditions upon approval which the Chief of Police
could have imposed.
10 Contents of Permit In each permit the Community Development Director and the
Chief of Police shall prescribe:
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A. The date time,route or location:
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B. Conditions concerning time and place of assembly start finish and disbanding w
of the parade;
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C. Conditions concerning accommodation of pedestrian or vehicular traffic, N
spectators and the portion of streets to be traversed;
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D. Requirements for first aid or sanitary facilities;
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E. Requirements for use of event monitors and provision of notice of
permit conditions to event participants; C CL
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F. Restrictions on the number and type of vehicles,animals,or structures in the '
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parade and inspection of floats structures and decorated vehicles for fire =
safety; E
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G. Compliance with animal protection ordinances and laws; Q
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H. Requirements for sanitary facilities clean-up and restoration of City property; E
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I. Restrictions on use of amplified sound; and
J. Such other requirements as are found to be reasonably necessary for the
protection of persons and property.
11. Revocation of Permit. Any permit for a parade issued pursuant to this
Chapter may be summarily revoked by the Ci Manager or Mayor and
IV-19.70-11 Rev. Jan.
2013
Packet:Pg.399
ATTACHMENT G
Common Council at any or by the Chief of Police on the date of the parade
when by reason of a present or prospective disaster, riot, public calamity, or other
emergency, it is determined that the safety of persons or property requires such
revocation. When any permit is revoked pursuant to the provisions of this
Chapter, the permit shall be reinstated as soon as the conditions constituting the
emergency have abated. (Ord. MC-522, 5-20-86)
12. Deposit— Barricades. The sponsor of an event desiring use of barricades shall be
required to provide a deposit prior to the issuance of the parade permit. The
deposit shall be in the amount established by resolution adopted by the Mayor and y
Common Council. (Ord. MC- 588,4-22-87; Ord. MC-522, 5-20-86) E
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13. Indemnification Agreement. Prior to the issuance of a parade permit, the
permit applicant and authorized officer of the sponsoring organization, if any, w'
must sign an agreement which shall .provide that the permittee/sponsoring 6
organization shall defend the City against, and indemnify and hold the City a
harmless from any liability to any persons resulting from any damage or injury N
occurring in connection with the permitted event proximately caused by the N
actions of the permittee/sponsoring organization, its officers, employees or IRT
agents or any person who was under the permittee's/sponsoring organization's
control insofar as permitted by law. Persons who merely join in a parade are not °.
considered by that reason alone to be " under the control" of the permittee
sponsoring organization. (Ord. MC-522, 5-20-86)
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14. Insurance. C CL
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A. The applicant/sponsor of a parade must possess or obtain public liability
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insurance to protect against the loss from liability imposed by law for
damages on account of bodilyinjury and property damage arising from the 4)
parade. Such insurance shall name on the policy endorsement as
additional insureds the City of San Bernardino, its officers, employees, and r
agents. Insurance coverage must be maintained for the duration of the event. Q
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B. Coverage shall be a comprehensive general liability insurance policy_The U
minimum limits required shall be one million dollars for each occurrence of
bodily injury and two hundred fifty thousand dollars for each occurrence of Q
property damage.
C. If food or non-alcoholic beverages are sold or served at the parade, the policy
must also include an endorsement for products liability in an amount of not
less than five hundred thousand dollars. If alcoholic beverages are sold or
served at the parade, the policy must also include an endorsement for liquor
liability in an amount of not less than five hundred thousand dollars.
1V-19.70-12 Rev. Jan.
2013
Packet Pg.400
6.A.i
ATTACHMENT G
D. A copy of the policy or a certificate of insurance along with all necessary
endorsements must be filed with the Director of Human Resources not less
than five days before the date of the parade unless said Director for good cause
waives the filing deadline The parade permit shall not be issued by the
Community Development Director and the Chief of Police until after the insurance
policy or certificate of insurance along with necessary endorsements have
been filed by the applicant/sponsor and approved by said Director.
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E. The insurance requirements of subsections A and B above shall be waived by E
the Chief of Police for parades if the following conditions are satisfied: a
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1. The applicant or an officer of the sponsoring organization signs a w
verified statement that he or she believes the parade's purpose is First
Amendment expression and that he or she has determined that the cost of Q
obtaining insurance is so financially burdensome that it would cn
constitute an unreasonable burden on the right of First Amendment o
expression or that it has been impossible to obtain insurance
coverage. The statement shall include the name and address of one
insurance agent or other source of insurance coverage contacted to 0
determine insurance premium rates for insurance coverage. (Ord. MC-
1027, 9-09-98; Ord. MC-522, 5-20-86)
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15 Penalties. Any person violating any provision of this Chapter is guilty of an Q
infraction which upon conviction thereof, is punishable in accordance with the L
provisions of Section 1.12.010 of this Code. Criminal prosecution for a violation a.
of this Chapter does not preclude the City from pursuing any available civil
remedies arising from any activily regulated by this Chapter. (Ord. MC-522, 5-20-86)
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19.70.040 APPLICATION AND PERMIT ISSUANCE a
A. General. A Temporary Use Permit or Special Event Permit shall be required prior to E
commencement of any use listed in Sections 19.70.020 and 19.70.025. A Temporary Use
Permit or Special Event Permit may be approved, modified, conditioned, or denied by the Q
Director, or the Director may refer such application to the Commission. Decisions of the
Director may be appealed to the Commission pursuant to Chapter 19.52 (Hearings and
Appeals).
All events associated with any Temporary Use Permit or Special Event Permit shall
operate in compliance with all of the conditions associated with the Temporary Use
Permit or Special Event Permit.
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IV-19.70-13 Rev. Jan.
2013
Packet Pg.401
ATTACHMENT G
A copy e of the approved Temporary Use Permit or Special Event Permit, along with the
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associated conditions, shall be in the possession of the person in charge during the event.
Such copies shall immediately be presented to any City enforcement official upon request
for examination.
Submittal Requirements(all applications).
1. A completed application form and Notarized property owner's authorization shall be
provided. E
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2. Flame resistance certificate and specifications for tents/canopies.
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3. List of all vendors and type of service provided.
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4. All applicable fees, including any cleanup deposit, shall be provided. N
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B. Temporary Use Permit Applications.
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1. Time to submit - A completed application form and fees shall be submitted no less °.
than 10 working days from the date of the beginning of the proposed use (bereaved
families submitting an application for a TUP, such as a fund-raising car wash, may
submit an application at least five days in advance of the proposed event).
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2. Review procedures-Upon receipt of a completed application and all related fees,the U
Community Development Department shall review and approve, modify, condition
or deny the application. Note that review by outside agencies (i.e., the Fire r
Department or County Health Department)may be required.
C. Special Event Permit Applications. w
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1. Time to submit - A completed application form and fees shall be submitted no less
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than 60 working days from the date of the beginning of the proposed use. E
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2. Review procedures-Upon receipt of a completed application and all related fees,the a
Community Development Department shall route the application to all applicable
outside agencies responsible for reviewing the application (i.e., Police, Fire, County
Health Department, etc.). Upon obtaining proof that all requirements of all outside
reviewing agencies are met, the Community Department shall review and approve,
modify,condition or deny the application.
3. If off-site parking is required, the applicant shall provide proof from the owners of
the properties on which the parking will be provided that the parking spaces to be
IV-19.70-14 Rev. Jan.
2013
Packet Pg.402
6.A.i
ATTACHMENT G
used are not required parking spaces, or that the parking spaces used in conjunction
with the special event will not be used during normal business hours. Additionally,
the applicant shall provide a plan for shuttles or other means to ensure the safe
passage of event attendees between the off-site parking spaces and the event.
19.70.050 FINDINGS
Standards for floor areas, heights, landscaping, parking, setbacks, and other structure and property
development standards that apply to the category of use or the land use district of the subject site
shall be used as a guide for determining the appropriate development standards for a temporary use. Y
All activities shall be limited to their specified land use districts. A Temporary Use Permit or E
Special Event Permit may only be issued for activities allowed in the underlying land use district. a
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The Director may approve or conditionally approve a Temporary Use Pen-nit or Special Event w
Permit application only when all the findings contained in Section 19.36.050 (Conditional Use
Permits) are made. C
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19.70.060 CONDITIONS OF APPROVAL N
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In approving an application for a Temporary Use Permit or Special Event Pennit, the Director may o
impose conditions deemed necessary to ensure that the permit will be in accordance with the N
findings required by Section 19.36.050. These conditions may involve any pertinent factors
affecting the operation of such temporary event,or use,and may include,but are not limited to:
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1. Provision for a fixed period not to exceed 90 days for a temporary use not occupying a 0
structure, including promotional activities, or 1 year for all other uses or structures, or for a
shorter period of time as determined by the Director or as specified in this Chapter. Food
carts and produce stands may be pennitted for one year initially, and renewed annually,
subject to verification of compliance with conditions of approval and County permit
requirements,as applicable.
2. Provision for temporary parking facilities, including vehicular ingress and egress and any a
necessary shuttles or other means to ensure safe passage of event attendees from off-site
parking areas to the event. The use of off-site private parking lots overflow parking may E
only occur if there is a demonstrated need for the additional parking and that the additional
parking spaces are not required parking spaces,or the business(es)providing the parking will Q
be closed when the parking spaces are to be used in conjunction with the temporary or
special event;
3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct
illumination or drainage on adjacent properties, noise, vibration, smoke, dust, dirt, odors,
gases, and heat;
IV-19.70-15 Rev. Jan.
2013
Packet Pg.403
ATTACHMENT G
4. Regulation
of temporary structures and facilities, including placement, height and size,
location of equipment and open spaces, including buffer areas and other yards;
5. Provision for sanitary and medical facilities, including toilet facilities;
6. Provision for solid, hazardous and toxic waste collection, including receptacles for trash and
recyclables, and disposal;
7. Provision for security and safety measures, including fencing and lighting;
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8. Standards for maintenance and upkeep,including irrigation and cutting of plant materials; E
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9. Regulation of signs;
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10. Regulation of operating hours and days, including limitation of the duration of the temporary W
use,as outlined in Condition No. l;
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11. Submission of a performance bond or other surety devices, satisfactory to the City Engineer, N
to ensure that any temporary facilities or structures used will be removed from the site within N
a reasonable time following the event and that the property will be restored to its former r
condition; �
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12. Submission of a site plan indicating any information required by this Chapter; ti
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13. A requirement that the approval of the requested Temporary Use Permit or Special Event L
Permit is contingent upon compliance with applicable provisions of the Municipal Code; and
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14. Any other conditions which will ensure the operation of the proposed temporary use in an a.
orderly and efficient manner and in accordance with the intent and purpose of this Chapter. r
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19.70.070 CONDITION OF SITE FOLLOWING TEMPORARY USE E
Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the Q
temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the
provisions of this Development Code. A bond or cash deposit for the amount of$1,000 shall be E
deposited with the City for operations that occur on vacant or undeveloped sites, to ensure cleanup =
after the activity is finished. A performance security may be required for other proposed temporary c
uses prior to the commencement of such activities to ensure cleanup after those activities. Q
19.70.080 REVOCATION
A Temporary Use Permit or Special Event Permit may be revoked or modified by the Director if any
one of the following findings can be made:
1. That circumstances have changed so that one or more of the findings of fact contained in
Section 19.36.050 can no longer be made;
IV-19.70-16 Rev. Jan.
2013
Packet Pg.404
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6.A.i
ATTACHMENT G
2. That the Temporary Use Permit or Special Event Permit was obtained by misrepresentation
or fraud;
3. That one or more of the conditions of the Temporary Use Permit or Special Event Permit
have not been met; and
4. That the use is in violation of any statute, ordinance,law,or regulation.
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1V-19.70'17 Rev. Jan.
2013
Packet Pg.405
�OF,RNAQD�NO Larry Heasley,Chair
ep r9^ Lance Durr, Vice Chair
Andrew Machen CITY OF SAN BERNARDINO
r r Amelia S.Lopez
✓imEble COMMUNITYDEVELOPMENTDEPARTMENT
GND£D IN s� Dustin Barnhardt
Kent Paxton 300 North `D"Street, San Bernardino California 92418
Casey Dailey Phone: (909)384-505715071 • Fax:(909)384-5080
Michael Thomas
Alt.Scott Wyatt
PLANNING COMMISSION ACTION MINUTES
MARCH 18, 2015
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CONDITIONAL USE PERMIT 14-21
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ADMINISTRATIVE DEVELOPMENT PERMIT 14-23 & PUBLIC CONVENIENCE OF w
NECESSITY LETTER 15-03
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DEVELOPMENT CODE AMENDMENT 14-20 N
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Page 1 of 5 03/18/2015
Packet Pg.406
Chair Heasley called the meeting to order at 6:00 p.m.
Commissioner Paxton led the flag salute.
Present: Commissioners: Heasley, Durr, Machen, Barnhardt, Paxton, Thomas and Wyatt.
Excused: Lopez, Eble and Dailey. Absent: None. Staff present: Mark Persico, Community
Development Director; Henry Empeiio, Jr., Senior Deputy City Attorney; Travis Martin,
Assistant Planner; Community Development Technician, Chantal Power; Stephanie Sanchez,
Planning Commission Secretary. Excused: Aron Liang, Senior Planner.
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ADMINISTRATION OF OATH a
Mark Persico, Community Development Director administered the oath.
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CONSENT AGENDA: a
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Mark Persico, Community Development Director gave a brief presentation of the consent N
agenda. Items previously numbered 3 and 4 were moved to consent and are now items 2 and 3. T-
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1. Minutes of February 18, 2015. Staff recommends approval of these minutes as °.
amended. N
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2. ADMINISTRATIVE DEVELOPMENT PERMIT 14-23 & PUBLIC
CONVEIENCE OF NECESSITY LETTER 15-03 - A request for approval of an 7
Administrative Development Permit to provide an Alcoholic Beverage Control M
(ABC) Type 20 License (Off-sale Beer & Wine) for an existing 26,907-square foot
99 Cent Only retail store
Address: 2028 E. Highland Avenue ay.
Zone: Commercial General (CG-1) N
Environmental Determination: Exempt from CEQA — Section 15301 — Existing
Facility E
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Applicant: 99 Cent Stores 0
APN: 0285-176-16 .3
Ward: 4
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Recommended Motion: Staff recommends that the Planning Commission continue
Administrative Development Permit 14-23 & Public Convenience of Necessity
Letter 15-03 to the next Planning Commission Meeting held on April 15, 2015. Q
3. DEVELOPMENT CODE AMENDMENT 14-20 - A City initiated request to
amend Titles 5, 12, and 19 of the San Bernardino Municipal Code to make minor changes
among Code sections, relating to permitting requirements for temporary use and special
event permits.
Page 2 of 5 03/18/2015
Packet Pg.407
6.A
Address: City Wide
Zone: City Wide
Environmental Determination: Exempt from CEQA—Section 15061(b)(3)
Applicant: City of San Bernardino
APN: City Wide
Ward: City Wide
Recommended Motion: Staff recommends that the Planning Commission
recommend Development Code Amendment 14-20 to the Mayor and Common
Council for approval.
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Michael Rivera, 2916 Genevieve St, spoke briefly about Item#2.
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The Commission commented on Item#2 in a positive manner and asked a few questions.
Commissioner Paxton made a motion to approve the consent agenda.
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Commissioner Thomas seconded the motion. N
The motion carried by the following vote: Ayes: Heasley, Durr, Paxton
Barnhardt,, ,
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Thomas and Wyatt. Nays: None. Abstain: None. Excused: Lopez, Eble, and Dailey. Absent: N
None.
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PUBLIC COMMENTS -ITEMS NOT ON AGENDA r
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No comments. ri
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PUBLIC HEARINGS
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4. CONDITIONAL USE PERMIT 14-21 - A request to establish a church in an a
existing 121,105-square foot industrial building with a 16,641-square foot sanctuary N
area and associated offices on an 8.8-acre parcel. The project site is located at 4680
N. Hallmark Parkway in the Industrial Light (IL) zone. E
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Address: 4680 N. Hallmark Parkway aC
Zone: Industrial Light (IL)
Environmental Determination: Exempt from CEQA — Section 15301 — Existing E
Facilities
Applicant: The Way World Outreach Ministries Q
APN: 0266-362-179 18 & 19
Ward: 6
Recommended Motion: Staff recommends that the Planning Commission approve
Conditional Use Permit 14-21 based on the Findings of Fact contained in this Staff
Report and subject to the Conditions of Approval as amended.
Page 3 of 5 03/18/2015
Packet Pg.408
Mark Persico, Community Development Director gave a brief presentation of the project.
Staff added two additional conditions to the project:
19. Changes in the Operations Parking Plan shall require approval by City Staff.
20. Before the establishment of a soup kitchen or any homeless services, approval of a
separate Conditional Use Permit shall be required.
Commissioner Paxton made a motion to approve Conditional Use Permit 14-21 based on
the Findings of Fact contained in this Staff Report and subject to the Conditions of Approval
as amended.
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Commissioner Thomas seconded the motion.
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The motion carried by the following vote: Ayes: Heasley, Durr, Machen, Barnhardt, Paxton,
Thomas and Wyatt. Nays: None. Abstain: None. Excused: Lopez, Eble, and Dailey. Absent: w
None. U
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NON-PUBLIC HEARING ITEMS N
None n
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PLANNING COMMISSION REPORTS/ANNOUNCEMENTS ti
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None
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DIRECTOR'S REPORT
1. Annual Report for 2014 was continued to the next Planning Commission meeting on
April 15, 2015. a.
2. Development Code Update
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3. Carousel Mall Update
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ADJOURNMENT a
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Commissioner Paxton made a motion which was unanimously carried, to adjourn the Planning E
Commission meeting at 6:23 p.m. The next regular meeting was scheduled for Wednesday, U
April 15, 2015 at 6:00 p.m. in the Council Chambers, First Floor, 300 North "D" Street, San
Bernardino, California.
Minutes Adopted by Planning Commissioners:
Date Approved:
Minutes Prepared by: Stephanie Sanchez
Page 4 of 5 03/18/2015
Packet Pg.409
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Stephanie Sanchez
Executive Assistant
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Page 5 of 5 03/18/2015
LPacket Pg.410
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Mayor and Common council of the City of San Bernardino will hold a public hearing on
Monday,April 20,2015,at 4:00 p.m. or thereafter in the Council Chambers, City Hall, 300 North"D" Street, San
Bernardino,California 92418,on the following item:
DEVELOPMENT CODE AMENDMENT14-20—A proposal to amend Titles 5, 12,and 19 of the San Bernardino
Municipal Code to make minor changes among code sections,relating to permitting requirements for Temporary Use and
Special Event Permits.
Proposed by: City of San Bernardino
Environmental Recommendation: Exempt from CEQA—Section 15061(b)(3)
The City of San Bernardino welcomes your participation in evaluating this item.The Mayor and Common Council will in
review the proposal and will consider the proposed environmental determination in making a decision.The public is E
welcome to speak at the public hearing or to submit written comments prior to the hearing.For more information,please y
contact the Community Development Department at City Hall,or by phone at(909)384-5057. a
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If you challenge the resultant action of the Mayor and Common Council in court,you may be limited to raising only those w
issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to iv
the City Planning Division at,or prior to,the public hearing.
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Submitted: April 1,2015 N
Publish: April 4,2015(minimum 1/8 Page Ad) M
Please send first proof for verification or changes by e-mail to Stephanie Sanchez: Sanchez ste hanie a'sbcity.or .
Please reference"PC Display Ad"on the billing and send to the City of San Bernardino,Planning Division,300 North ti
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"D"Street, San Bernardino,CA 92418 v
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