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HomeMy WebLinkAboutMC-1414 Adopted: July 6, 2015 Effective: August 6, 2015 1 ORDINANCE NO. MC-1414 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 , 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 8 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 10 approval of the proposed Development Code Amendment to the Mayor and Common 11 Council; and 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, 14 2015. 15 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 16 17 SECTION 1. The Mayor and Common Council find that the above-stated Recitals 18 are true and hereby adopt and incorporate them herein. 19 20 SECTION 2. Findings of Fact. 21 1. The proposed amendment is a clarification to Titles 5, 12, and 19 of the San 22 Bernardino Municipal Code to make minor changes among code sections, relating to 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 26 a) Repeal and amend certain provisions in Titles 5 and 12 as shown in Attachments A, 27 B, C, D and E. The proposed modifications would delete unnecessary and conflicting provisions from the Municipal Code; 28 1 C-1414 1 2 b) Amend Development Code Chapter 19.70, Temporary Use Permits as shown in Attachment F. The proposed modifications would streamline and clarify provisions for 3 temporary uses and special events throughout the City. 4 5 The proposed amendment will create a comprehensive, streamlined, system for approving 6 permits for temporary uses and special events in the City and would streamline and clarify 7 regulations regarding temporary uses and special events, consistent with General Plan Policy 8 2.10.1: "Adoption of ordinances and standards for implementing General Plan land use 9 designations, especially through the Development Code." 10 11 2. 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 12 eliminate inconsistencies found throughout the Municipal Code. These revisions would 13 enable the City to effectively and efficiently process permits relating to temporary use and 14 special event applications. Further, the proposed amendment would create a structured process 15 that would replace the current less structured approach to processing temporary use/special 16 event permitting, thus improving the public interest, convenience, and welfare of the City. 17 18 SECTION 3. Development Code Amendment 14-20, attached hereto as Exhibit 19 A" with Attachments A, B, C, D, E, and F, and incorporated herein by reference, is 20 hereby approved. 21 SECTION 4. Compliance with the California Environmental Quality Act. 22 23 The Mayor and Common Council finds that Development Code Amendment 14-20 is 24 exempt from the California Environmental Quality Act (CEQA) pursuant to Section 25 15061(b)(3) of the CEQA Guidelines, because the effect of the amendment would not result 26 in a significant direct or reasonably foreseeable indirect physical change in the environment. 27 28 2 MC-1414 1 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 3 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision 4 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby declares that it would have 5 adopted each section irrespective of the fact that any one or more subsections, subdivisions, 6 sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. 7 8 9 10 11 12 HI 13 14 15 16 17 18 HI 19 20 21 22 23 24 HI 25 26 27 HI 28 3 MC-1414 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 joint regular meeting thereof, held 7 8 on the 6`h day of July 2015, by the following vote to wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 x MARQUEZ 12 x BARRIOS 13 14 vALDIVIA x 15 SHORETT x 16 x NICKEL 17 x JOHNSON 18 19 MULVIHILL x 20 21 22 GeorgeardHanna, 0k, City Clerk 23 The foregoing Ordinance is hereby approved t A , day o ul' , 2015. 24 25 R. CAREY VIS, Mayor 26 Approved as to form: City of San ernardino Gary D. Saenz, City Attorney 27 28 By: 4 MC-1414 ATTACHMENT A 5.04.505 Temporary display and sale of art artides X For every person, fiFFn GF GGFpoFatmen engaged On the temperaFy display and sale of art aFtnGles *n Qty parks er etheF publiG plaoes, the fee shall be established-by Fesolutmon of the MayoF and Common Geunc4� 9-. „ „ as used in this seGtion means suoh displays and sales whiGh aFe lurnoted to weekends and legal holidays. "AFt aFtiGles" as u6ed in this seGtion means leather art Grafts and G-theF sommia-r-ittienimi.s. (Clothing GF we i aFel ef any kind by the GeFtifiGate holdeF under this AFtmG!e and shall be the weFk prodUGtS of his er 5.04.507 TempOFaFy exhibitions, shows or displays Enrlesed mail or shopping eenter A, For any per6on, firm or Gorpwatk)n prometing, or Fnana temporapy exhibitions, shows or displays in whiGh sales are made, erdeFs , or admission GhaFged in the theFoughfare OF walkways of aR eRolosed mall e shopping GenteF on eXGess of 500,000 square feet, the fee shall be establi MC-1414 ATTACHMENT B 5est-ions: 5:42:-0 2-0 F 'tte n_a p p I+cTati on 5-.42-.-OW 5A2,040 fa i-r' (}5a . , c;arni-val, or other exhibiti rodeo;-car►�+�ai; booths-er+terta+am r-ide-,�s m+dwa} -attfaetions ar46-+liar-aadnrt�pg�c-a�� except--nonp-raf+t---or- -char+table--erganizatiGns-c c ornmere}a� eperater;�#� tpa a fee es�at3l+skied �} res eF�rt+en of tie Nlayo d-Ger mop Gc�t++nctl-tn-odd+tion a tb e�-ep���r ter-s1�a�V- fees pursuant-to-iect+e�X84-3, ofthEs-G�r, attract+e as-a+�d ett� he tc-e ic._se rre aR st�ali-be ter+tiered-at-tkre-tF+�e--pain=}er�t-fe�-t,R, �TU�„,��. ,� annual-ficef}se-has-been-adta4-aed,fees-ems sttc4-i-4-ndi + tde operator-prior-te tie epee g Q erac event 5.42.020 Filing of Afritten appli-Gation Ara- itc, rri fvr n IiU- rni- n i,nrinr tL-ic cnrtinn chill firm file r, ,nirittnKl 'ltlflGrcaz�8f-} u ttierlefor setting-for-th-t4e-foltowr ng: A A descroi can-ef--4he--ptac-e-er---propeft , s lk ensP, be -subject to rew+e tay-fie Gd+ef-^� p�'�c° -aa- B The-name s-a dd ress&s-of 4he-ow-ner-car-e perate r s-Q� N,s i n n - MC-1414 ATTACHMENT B 5.42.030 Approval of IoGense by Chief of Pace Thn Chinf of Pnlirg h- II rn�_�}d -r-r-rc vrnc....ru-r-�rrru... �Jrrar-cv' + coral---p-4a-raE#ef--a rid--in egf+t "he-appl+ea44t--and-th-a proper�y��ef�ed-arrd-st�iteble-#sr-�+�c-k�-p�-�-rpe�-tae-or-- 4c-onse rnnlinrl fnr „nrinrs, rh r�s-a i.ir.TC..—aFrpnuu Condit+ he--Grief-off pot+se-shy tfaa�ao�-corad tlie-event--is-e-on�t+ctted-+n-�ielation--o + immed, atety-rev eh kense Before , peri&siien-to-proe-ee"ham-G -o€-Po1►ce-s-ha4-e depar4me ts-aff-°c-ted-ty-the-pfoposed-act+ s of o - hn m-�rin any-such--permit,-license-or--pern-i-scion,-tk�ad-vane-e-p� ent-be-++� -o�1es c--ontaiied-iii Section 542,04-0, 5.42.040 Annual G*-tFUS fa4r- the-reg�I��tor�--pro�isier�s-o�-th , t�erco#;-�aIT- - nduc the-auspices-o#4h-,--�r4al-9r-an &,%ho p 5.42.050 Appeal of deGision of Chief of Police Ar y-dec+sieR-c)f4he-CJ4+e#-of- lice-may-b A. A aggriev-ed ht° iiti viii rri-or (`hinf of L7nlirn niith rnfnrnnrn t t issuanee oeditionaT saance er eniaJ Gouf c+[-+n acc-ar a-nce 411-1-the-provision-- ` . _ �#tThic�rn �� inci,ffirinnt titi � �_tim prior--to-the--date o, �^,h-o#ir-- -t" opt4o4--repuest-an-appeat-before4 e-GTty-Adr his-oh-her-d&igfa , £ }all-hold-a-Ile 4e f-4ng-off the-appeatj-�l-render-h+s--or k> day-a#ter-hear ng-th e G+ty� +r}i s c nditKE a&-upon-appr9Va4-whFGh-t e-CI,, • MC-1414 ATTACHMENT B MC-1414 ATTACHMENT C 12.56 PARADES" 42-56-.44-0 Definition r-ade 1-2�5 Pefmit r�r ,�„ 1-2-.56:888 trvtei�ffe am Qeio�-h-pa.�^Alle 1-2-.56-.04G P��,at+e-n-'"` e-Gdu re 12:56-:8-58 Go applicatiGa 1-256-080 Attematwe-o-X1-e ma 1-2 56-a98 Appeal 1-2.5&.-4-GO Go tent&-ef-pe t 1--2-.56-A1-8 Reta�-of-per-i t 12,56-A-2-0 D e pe si t--Ba-rr4c�es 1 2-:5ki.-"D InderanAc-at on-agreemeat 12-56:1-48 insurance 1-256.458 Pena-Wes [Return to Municipal Code Contents] [Rev. October, 2014] 12-50 MC-1414 ATTACHMENT C 12.56.010 Definition of parade -P-a- ade"meaa - vehicies,- rig of-v 4 erg `�-v 4hL n{�FrTla not-cOrply bra##ic lavv or ctr��s: The-d-&4 n+t+en--emsdidee�aot4aC1-ude4he-f aewmg A. F-u-ne-r-a+-p-r0o-essk -s: B. Parades-ot--tort- -or vver-pedestria Grosswalks or street GOFR-,-� to-sidewattC� and Grassing-streets-or3t at pe ir} accordance- vvi#+� tra#io re„g�ulatio+�s grid-eer�# el�- participa+fng-an-the-par-ade--shati--c-ross-streets-i��-nf f•,�-r fi°°n �nior nnTCVVi J a -ail4w-veh c--te&4e-pas -betweeR—,,aC-n-uns. G: P-aractes--athle�io-��feot�--or-oak}er--speE+at--F�ter�ts-eEc proper ty-fer-whiC t-Gity- - ck ne ( 12.56.020 PeFrnit required �t-+S k+n�aV+ltt#E=�l�f-ai��/�3e��8r�-tA-GE3nd�t;1�}a t a written per"*t-t{rat-tav} ig-beey—,eCEredFt0mAhe-vhie vf- C$- r , ( +- 12.56.030 interference with parade tt-F��1��a 1NtEl�tBr�r4'y� pf'rs.�E.)Cl-t�J-�f1�W 1 r �a tl 9ra ot-any-lerrns-of-4he-perrnit-4of 4he-parade,}o n--er part+dpate--in--any-pe-rmi-tted-parade without-the-c-on&e-nt-of-#-ie-parade-&p �ar�er 6T tern°a�n� or-orderly conduct-of4 e-parade.- Ord—„�• r)t..f—C`'} t .f. 7 ref {_'n . 2WiJ-, 3 u [Return to Municipal Code Contents] [Rev. October, 2014] 12-51 MC-1414 ATTACHMENT C A Atay pesa+a des+ri��#e Ea aae sl�a�I ni-Onth&be#ereAhe-date-on-wbic h-Af�,e-parade . B. If--an--- pp_4Gat k)P te-�y is filarl fto�t i tmmed+a^ +rwes#igate-to deer {die or-sloe h e+�'t race th app4�t ori,-to-3rnr�vzest4 ate tha a_ffect&-of-the , a}�}�--tfl--�bti�tFl--p��e—se��f�Ees—tf}r—t��a aiont Tha - nnlirant ma>> rlc����c�t�� that- tier��r :t>taoes- pia rise -t participants-to--file-to--a-per-m+t-w+th+ 4e me-pre&C ' o&7 tieEa f the tine-li mitatiGn-wou4d-r}reaso-nabiy--restr+ot-Ahe-r4tit--of-r ee spQeoGh--4#-su& a-Eef7}onStrct�on +s nlydeo-tle—rea�rr£�ncb4e-�n+'�fnr tinn of tha f`Vhiaf of_�_ol�.�$ T- h-e- r he-sha4t FssE�e-a-permit despite-##e 1a K 30 12.56.050 Contents of permit appfiGatiGa A. TTie-app4+Eat+o #ea ode-permit stlall p the ,I-. The--name- addfe �; acrd-te4epher�e-rat r t3e� o erg an+zatien-- _he--parade-E4aa+rper Chief--et-Po4+Ee--ma-y-re&}u+r spun so�r+ng-gr��;�n+��tior� A-state+�errt-e#-th��-nat��re--er I The date ar}d hez mat°u-sta 4-. The-4cD-cation-ett-he-proposed-parade-a , route-prepo-sed-for-ttie-parade 5. The-type-aR,a-estTi mate- E-ach4bat-s4a -be Fended--ipAe , Rd speed.-T arti6pants any-so pu+prne G. T-he-training-and ins u-ct+ons-4-o-be-given and-40-c-atien-ef-parade4popiters-to-be employed or 4lized, and arraRgeM fix-par +ng-wh+oh--vv+41 be-madam [Return to Municipal Code Contents] [Rev. October, 2014] 12-52 MC-1414 ATTACHMENT C -C��}��ps-�-{e�t�ie-�arabe- C4-4dmini tr ,tnr �ir° ('hiof ��`7 � �`"rrrrrnSzi-acc1 , ciepar4meRt-,-e-r— irncieT#at--wi�- fe . -R-AsR--(-J 0-R--the informat en-suppted,4 v �flf P c-e-ShaR--d °T ewer--to specify as a ceeb+t+e - 44e 12.56.060 Conditions to permit req�+i�er�ae�+ts;-traff+E-r-e�ti+�g;-�raw+�ien-f0�' , real sire , , �ifa i+��+�--+raze rfeTe�e{�=�wess-0#-ff�e n As--a -condition #o-gmRt�ng--a--par-ade--pe-rr4t,—ffi"hief r�asor}adte req + tip rya--e4d ma-m e�0#-a-ssembli f-n ax-inium�ength--of4he-pe lei the-+!R�um-arid-m k4niuffi-�, -,rn*te,d-, aceommodaz+on--of- er t �_tirhTO n, mpei arnplifi,c,-atio-n-and--otheT4equiFem-ents-f�cessary for the proteGt.()R of persons and p-r-Gpt"-a-n44or OrA l-ef tram—. Tr h,-Ch1e! of-1201iGe shall parades -whickr stial4 be s�+bm+tted-to tie aVla O�ar+d 12.56.070 issuanGe or denial of permit 1 n-accerda�tce-v�r+t-k����da rds-t��+ferm , 4e th° peflT it nnn4t+Brie with any-forms-o�-Ihe-per-n+tj-unIess4he--permit is ue g-gfOunds- A; An-application-re--e4ved----prior-in--time-hes-beep,-ap place requested-by-tk�e appt e undue-traffic cr�rstlan-©r-e><ceed the ate � aotk+er Services-for-both-events- B The-lime,route,- size--of-the-event-wkl-sub rderty maveme z-of-trig +a-ceptiyL4eas-area S--or-� -ase-of ,#eets-at a im4 of k�5+�1-traffic—EOrI�E?St+01�- Cr Tffe c-oric-entratiara--GVperJon-s,-animals and- prevent-propef-poiic-e,-fire:or--arnjula ce [Return to Municipal Code Contents] [Rev. October, 2014] 12-53 MC-1414 ATTACHMENT C T-kie-parade is e a-sire e�raa � e-tk��t �e� �e� # poi+cevffir_r�°�-.�i_iv pnlivrrcr-.° chie-in,e � �a rease on4e--t e--fe E. --The--4oc-a#+ofi--of-4he-parae-w4l -so p e- mavemenf-of-other-fraffic- f umtshed- fai4�- to-E H-.---The-appiir�a,t-fa-DTs of or}--t l-e-g fa pqg iaa-ordef members he-P t f traffic-; or to-avo+d note+Fl£���--t�Fj-c�c°,-ciin vr''r-c'��t���F�e�-���e--���}4e#$f rp-nvi'rcr-r° #9--��1p0�°c--C-nvi �icarinv'- cr-rsvcii�h unreasonabty-4nterfrfere 'N#", ffi"g#f (-free--speeGh-. 22. 5-20-86) 12.56.080 Alter-native to denW When-Ahe-groo ds--for-der 4—of-ae--application}-caa--be-c--orrected Vie-date; t +ho f`I-hinf of Dnliro chNJJ t+rr�e;-dorat+on;-rot�fe;er-loc-��t+��ra-o�fbe-e�eo-�,-o,m,,ter,-�« ' the app c-atR4R-, 1t3 cer� -G t ,,',, L, G --c-{on-d}tio-nJ--of--pe-r-m motif+cations--of-the-app f's-propos b [Return to Municipal Code Contents] [Rev. October, 2014] 12-54 MC-1414 ATTACHMENT C 12.56.090 Appeal �• �� 'fin n�_vf_t.ha_oh-�of nT_of_p�T�n nii+h roforonro +n +ho +ss��r�,ce, c-�o(�r/'edit4op,a(�44ssuan-c rr d�e�p/'+�ak-a(�ft �_ e Gomel+n-a -cordC�n-ce-mth-llf� fovision-7 o -�T}�'(Cl�l�l Z�•C B lf-thefe-is-i-Rstrfiiore appeal prior -o--floe date On-which--the--event-+s-sc- aptior—' req'+eS -a-r}-uppea, h-pe€creel fit kris-or-her-des+g r} eafing-Pe_l filing-of later than one busin day aftef-heari-ng-tbe-app Ft-floe appeal is heard e , Zicxtr �tnr'c deG+sie 12.56.100 Contents of permit the­G �,-��s- a�y-Eo-r�ditier�s-ape�a-agp �wlaiC�-tie-Ghi • In-eaeh-perm4-, the-Chief-ef--P'o4c-e-s-4aVpreser'be A The-date t4ne,�catio � B disbanding-o#-the G. Gonditions--c-0 nGernin,-, _-GGommodation ef pedestrian or vehiGular traffiG, SpeGtators, and 4he-portion-efst s4o--be--traversed; D Regrrir-ernerts-foF4*st-a4-9r-son+ta-ry-faG-4itie-& €. Regairem ts--€e;-mss° o�Rt-4`RQrA i t co+�ddi can s-to-��,t��ta�t pa r��s F. Restrictien f iiiebiGl, nimr lr nr c+ri ir+i,rnc in +hn niir�rl� o , , are-d-rrrspec nrl rlonnrMtorl .iohir loc fnr firo_c, fry+ i G. CatTipliarrce-with-aaimaa ip te-ction-erd+o , H. Require��er}ts-far-sa+�i�ar�-fac�4dies;-elear�-up-a [Return to Municipal Code Contents] [Rev. October, 20141 12-55 MC-1414 ATTACHMENT C I. - estriotieas�a �+�e-ef ar #+ d;arvd J-.-----c? -hGther-rervuZ°.mnmc� R 12.56.110 ReveGation of permA o#-persor}s � Any-perm-it-for- -parade issued revoked-by-the-Ci-t-y AdE�ai+�' aver Ghief,af Pei ice-,Gn-th"ate-the--parade-whe disaster,--riot;-Pbetcrit , ar ek�er e+ er perso+is--or properly-r-e c-- 4e ' t-he provisions-of4hie-Gloa ter--the-perry,4it--,had be c-or-sstituting-t-he-emefge-ney--have-abated. 12.56.120 Deposit Barrmades barriGades shall be required te provide a 1-1-te—.`'7-pVr�"� IIf ^ YeTr -an.Ciirir�4 i-+.s v' deposit prior te4- e-4ss as p c°-et-the-pafad e-pe estabtished-b�-resc4ut r dcpted by Ilia ay-Gr . r 01�' 1vl 0'22 5 Prior---to u#io i=ed that-the perr�a+ttee<soaseirg-ara�a+zatiantaatl de#e y arrd toold ttt e� Y harmless em;- aray-IiabiFi y to-ar t-persORS resulting from or-ir�}r��=y--oeca}r-ring ifs-c-er}r}ec-#+ef}-v�itt}-tJ�e- . tlae acti©ns of _pormi++o®/c p� s ri �uti�n i+c nffiGerc employees or -anon+c L-f l'111 iL4lrT.—J. v v...vv. employees J ...... .... �...��... or-afly-pef-sof---who-was-u de'r- � ittee!c..rr�r��nf�vr rcivn�irn as-permitted by-lam:-�ersens--�ha--rimer-eta-jeia- ' =easo{� ate�ae to be" + der--tree oontral �f t [Return to Municipal Code Contents] [Rev. October, 20141 12-56 MC-1414 ATTACHMENT C 12.56.14.0 insuranGe A. The-app cant& pGpser-ef-a-parade-rnust-Posses-s-Gi�-e n bO�yi�.l,�,�ia}t�I�y and-p ale-ans�r�.�-+��,. ' on-tf -e-po �Gy S{-yam se eRt-as�ditk) �a l i n rerc lrcr the Cuty of San Bernar 1s }{+GeS eC3l�yeesi-� ents 4tls�k dur-atiefl-}f+4e—e yen±. Coverage-shaWbe-a-Gonqpfehen-s� limits--r2Wire &haII-be-e� 4o-R-tea two-laundred44 r-s-fb-r-eaef3 ecc 1f--food-or-non-al -nt Af not le than five alse-lnelt�d2-a�a-� n+1 ersemti;�er-pn��cts--I hu44d-red4h,ausa4'4 N b ed at the parade, #fie-goliG�rnkasr-�,-stT-.�--- 1ess�an-five-l�a r}d r-ed-Eli e�sa ra El--dell�rs ceri#+r ire o#-+r�sr��acs B. A copy of-tk�e-pel+cy sr-a . must--baf4{fie++d,-vu+�thi- Direc-ter-of- ljm �nr n the-date-tat tt t n I o c id-Diret� of o (`hiof of Dnliro_..rr;�;-��ie" e The�?a�de-per+`�l+t-£�ha11-nOt-k3e-ISS�led-b}�-try, ����G policy-or--c-ertiflcat-e of-insurance-along--w4th-new y--en&r-se ents"ave been filed key-the-apW,-�ntJspeasor and-aW-ove"y-said--D+rec-ten C. T-he-ins+prance-regairemep s--o€-subsect�o and B above shall be waived-by-the Chief-ot-Poke-€er--pa 110 ified 1- Tk�e-ag plic t#+cer—off stc�ter�=lens,,ter,- P, pre r-4iabas is--so--#+nancia4y4mr—densof-e-tkat+t- n once-r+g�-ot-l=first-Arnend+�ent-e�p , Qua in-insru The stn n i,r nro anon+ 8r--�tl-�er-s8 - detet--m4ne-insurance-premium-r ate s t+sr [Return to Municipal Code Contents] [Rev. October, 20141 12-57 MC-1414 ATTACHMENT C 12.56.4--50 Dn vvh€sd t�per� eOw + ereef +st +s Of SeGUGn from---are}--aet}v+t�- g—utated-_W#��apte� [Return to Municipal Code Contents] [Rev. October, 2014] 12-58 MC-1414 ATTACHMENT D Ch-ap IN Sec-i,ams 12-:64-81-4 P-ar-po 1- 5 Debi#ions 4-2,64-.40 d Exemptions 1-2.44-.040 App i e abon far m 1 .64 0a0 T*m.e for 1-2.64:060 G ra ri ng----D en+a1 12-.64-.0-TO Fee-& 1-2--;-64 0-T5 a � 12.64-.-4$0 1-2:64:-00 0 iol� 4-2,64.100 11+s#ia e-p of ic-I r producttor�--indus€r-}--€o- u€4iz-e the--va Bernardino-as loot o pion prodj-:Ection sc -tong as +e-�+se et-Iocatier�s �titJ� e e with-the—pu-blic-beatt#-and-&a€e"-uP reasopabty of thi-s--Chapter 10-�ales ar}d reg�I�tte+�s-gave �der-r��Ets €or motion gictore tetevtsi �n or st►4l {�k�otog aph o that 13rodction-EOrnpani°sg to use-IoFatFeris-�n+i Pest♦icted-so-tong-c fear a�tl�/� 12s-1il- bES re£]ard-arc° rTOi inrnnC C±ont nith rnncirlorutl�r�� o€-th-e—pt t3E c--#yeaIth-and-sca€°±y-and-the-pfotec- � -, MC-1414 ATTACHMENT D 17 Gil 015 Definitions A "M ot+a+--pic-tw", etevisiG ti a tie nd ant-t oting progra ns,-arm--c-em„me-r� ;-e►�- ' r c�r-st+4t- , person ot-th�tit+ -er fir-sna slab vvaa r} tie #+tr►aa g� }s "News-Media'sha4l--mean the-€i#Tfly-acv+dea-tapiRg4or-tie-pt"aese-et'ontaneeu-s; nptanned-telev+s+on-r}ev,�s�rea�East-h�-raper . 47 64 020 Rermk Regu rn irinnrn fnr A. N-o--person-sheM-use-any---pubt� the- purpose-a€-tatcinp Eereroiat- c�ti c�>n�r�ere+at-st the Gity--Manager.- B. o per+ +it-skiatl +ssue-befe application a appt+ea"�'°rtan or hi;/her desigPeee, autt-iQrized-t,4ssue-a-f4min j-and/or st+ll the-regOrernents- this--Chapter, ,� .r ���, }CJ. � i� (>46 6 i-16-65) MC-1414 ATTACHMENT D The-p-rave aN-Rot-app iy-E - A- T#�e t+Ea+r�g ori�eat+oe �+e or still phe pR e-+p,d+v+d4aI--or-a-c ; B. The o �pin -oot+ors p+cture , G -Media--. p yet-egfaphefs--oF--C-arqerame,n---+ sin41ar-en#ty-eegaged-in oR4 e-sp IiG interest; per-sons: seerK ss e�oecarreraces- h ion ire D. A-+�at��re-tLT°�s+o� a�cor�a+�rerC' estatlis ed-er-#+x-ed-place-of-bosiaess4n-he-City- E. G h aritable4 -remit-fee--sha I--de Gection-�Q1-(C}4��-e#-t#�e-I�t�al-Reveraoe-G , regafired-by--th+sJG—bapter-shall-be-r- gaired.- 4 2.6-4.040 AppliGa.ion Form Tde-G+ty--Ad +stratar-s#aU flura{s-h-an---ag iGat 3h appliGati shall-inc-lade-tbe-#alloverg4nferniatie. A Fut"ame-of-app+cant, R- Business-name of-appl+c-ant; G B-u, iness-address-of-appl+cant, D Business--telephone-p mb-, r-of�-appkant, E. BpeC+f4c40Gation{&yat-vvhiGh he--act+v44s4o- F Date{s-}and-t4fl*s}-sach--activity-wH4 tr-ansp+re G. The exact--ar-nount/type-o"eh+cles-and egalpr cent ng-the rnake,--tie-and� e newPb°rs-af--a employees-will-park-ems streets-ar- MC-1414 ATTACHMENT D nu --lare J.--- lase Qar�y e+ + a ies arae K-----R-gener-el-statementGf4he-G e�rac-te-r--Gr-n 4 9 64 050 Time far Filing AppliGation GityAdmini-stra-to.r at least two A� applfcet+e days-to-arserjee4-ar-ap s �aRGe k- o ten e ^s nlew-& k Four r-(4)-workiR�-days--iR-ad—vanc-&4or tra#iE--Geri stunts-or—,pe-c-4 eff-ec+s; B. Ten-{-4-a)--wer"-days4n-odvaaEe-for--a-roa� 4 2.64.0 60 Granting-De" activity-�+rr4ess f or �kae deteT; Tnes with--4-he--us e--arm he--pr-ope-rty- , the propertyrlt tr�reasaraa�iy a#ect-or inturf by--tfl-�e---ow- ^ers-o-rl--o�(c�Gu ar he-r�epef-ttry '-,tic'��� �{�QGI-T��G-fT-UTl',ViT'l�TI�TG�tfTltr-�e�TI�T t the-ac4vity-wo -not-awreasaaadty-interfere -with-t Public, and-private-prope#y, 4 7 Q/1 070 Fees F-ees-for-tl, of the-M ayor-a ad-(m art �\VEt,J ( Ott',' t I._.'�W MC-1414 ATTACHMENT D I 2—F64.075 Re*,mbursement for Personnel traffic 12-64.080 Liability Pravisions i A + 4-s-off+cws, ernpk-)}ees-and-represe4tativ -for +n-flee-pel^ �t an 4n +n}�+ries ia£I�+d+n + lnI1e �kh;en acre of n a r�ac�ra-f--©�--net-lesrs--ft�a s-9n e s-Ean�-ef4af+en acce�+laf-of-an � Cenc -7# e eet+f+cate or-mod+ffeat3on +�t+l tta+ '-{39� da��-afterr cent+f�ate�#aatl-renaei�-en-f+ae-+n-tie -R . B- a/11� �rsc�Iapeasation kns��ranc-e:- a a f peFS£3nS-�}p£1f"�#In6f-l-li=1�E'f-ci--{3eKr7�+t- C-,-. W-H- rmte&sAgfeer.,"r°Y'rr rL1fln-a as--provide pal --e-t-he4s-s D Faltfaf � P Tn nnc,a appfiE,ant-+ -#o--p &t-a ao+ nto de-�eteiled-� tk�eine tip of tk�e#+�+ +n� act+f+ty ar}d +nspectier�-off t4 app�C-ant: E-.- VEVer-er � at`c,�i#�+Eanla-pray+s+ens e b)--Aloe—Ctfy-tt� intsVater-4f h o nvr-_-s h°-44nd& that the in stria Woos-yep�+rerx�en t� MC-1414 ATTACHMENT D 12.64.090. Violations A: if a7persoR-v+o4ates-a-Ry-pr-ovis+oq-of Ns-G�Pter-or- . ff 12.64.100 Designated offeGef grade 4h-e--provisiAns of �S G�iapter. shall eoflrd�rae-an}�,rr ain°rs ��ra granfirag-off a-porr�il:;arid;�#!er-�e-�ra�at+� , of€ic-e-s--an under-th,-c-roumsfa+�---,. T-a-e---ice- #e—p Adm+raistra�er-� i u n er--the -Sa-n-Be r-nar-dino-M aaa io+pai-God , tn the Mayer and a rad--to-i�soe--suer-eflaE3 r-f e!�=a pH rer�pe�-aa+t� Could--do-4-t+me-ever , -for-subfnil, Common-GounC+t.- 1.% J i4 M1'V MC-1414 ATTACHMENT E G,In a V)te 12.80 PIJBLIC 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 12.80.050 Park and recreation sponsored classes - Permit required 12.80.055 Consumption of Alcohol in a Public Park - Permit required 12.80.060 Application for permit 12.80.070 Issuance of permit 12.80.080 Denial of permit 12.80.090 Right of appeal of denial of permit or conditions imposed on issuance of permit 12.80-100 Fees and deposits 12.80.110 Liability 12.80.120 Displays and sales 12.80.130 Park regulations 12.80.140 Violation - Penalty 12.80.010 Short title The ordinance codified in this Chapter shall be known as the "parks and recreation ordinance." 12.80.020 Definitions 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: 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. MC-1414 ATTACHMENT E C. "Director" refers to the Director of the Department of Parks and Recreation. MC-1414 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. 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. G. "Inline skates" mean skates which are attached to a boot, shoe, or other footwear to be worn by the skater. -0,'J 43) 11 VI 12.80.030 Use of parks and buildings exclusive 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 provided for in this Chapter. -03-T- 12.80.040 Permit— Required: when group exreeds twenty-five (25) persons For any private groups Of persons using a public park that have fewer than twenty five no permit is required. B. It is unlawful for any group of persons, firm or corporation, society or organization which anticipates an attendance of more than twenty-five to 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. C. it is unlawful for any group of persons, firm or corporation, society or or anization which antici ates an attendance of more than one hundred to conduct @_npicrnic, gelebration, parade, service or exercise in any public park .or building or use any park facility without first obtaining a Special Event Permit pursuant to Municipal Code Section 19.70.036. 12.80.050 Park and recreation sponsored classes - Permit required 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 MC-1414 ATTACHMENT 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 to the provisions of this Chapter. 7 r-- 0 r d. '-11 7F'6 1-03-73) MC-1414 ATTACHMENT E 12.80.0555 Gonsumpt-on of Aic;ohol an a PubIiG Park Permit required A. k��-� +�k� -a�ce +s +e� be des+gp,ee--;,- any—bukk Rg-sr--pa CdflVe }tI� FShc — { tt-�'c�c° roniip�tor� in_��If FQli�- r r) tn��ll_rIn��bna�izic�vrni�i-ain�a shall -sl.Fb}ed-46--C9Cl d4I E?lasr-sBt 1-. stay-�els8�i;- I11;-6 �F(3E3ct+8i�;v6C de"his-se£-t+vla S,ha nt fnrth in Co�tinn , Glearl O t e-�Le�ur-es-&&t4efth rr vc� set fa=tb+n4 e-g 4ic-at+e4-�-at-,a-m+ un-i; {4) the-nte�-to-et€er,g+ve-or-fu {3} t#&-mafi-ner4of--cen+r (—) aucla-add4fienet4ntGr-naat his--utesgnee- a horoi inrlor ch- 11 ho i,hiort to c�A`hr - e p�eees;s End--Cant--reg ul at+en--ae-- Alec�alle-Beve-rage-Ger�tre# -3 lira y--use- feu n deF--sk-al l--be—I i t n MC-1414 ATTACHMENT E 12.80.060 Applirati-an for permd Any-pef son-,44rr�;cer to-Sections with Director, rrse-o# the Gause, the Dreeter4nay-wa�the ten-day-period- h&- pp ioat+ova shall-comain-4-he--fe lowkv( ' aatfe ' A T 4e---na m e---of-----t he sponsoring-- :ne, business addre afld- 4elephone--Rummer-�be--a the-pr-oposed-aotiv ifs B T-he-parka-bo+ldi ; C. The starting and-fifl sh+ng-tme-of the-pfopo , D.- The-number-©f-peopte-�o �, E- A4d44onal—CA —#-aoi4ies--- req table-s-and-di ire; F; T-he-notur-e-of-tk� �-e�' of the USe Of SUGh equipmeqt and be-brought into the perk-ihe the-nature--and-durition-of-the-use-of-ant am )lified-sound G Estimated4R n4)er-o'-Pa-r-ki N-spaGe 4egt i ed H 4+-the-event-h preposed-ac-4v4t}4s or-approved E truetien, the prop for the-cla&se o#-lnstruotion f- �uol�$tlaer-Ir}f shall-be-requ+rorJ h, tho nirgc�� MC-1414 ATTACHMENT E 19 SO 070 issuanGe of peFrAit A. The-D+ eG-# -S#c� I brae -oe -s�watved-b�f-t#e writ Rg-. sl4 Abe-+jai led-to4he-a pp1+Ea nt: Q_ Up(3n4he , t#� fron,i the-pmmGtiee- b4c-peace 4ealt#-, saf G A-permit-Is for-th e�,f a tinne GIc� t+ e;�-fuck► bo+ltie�-s#a1t uniformly-apptied D Upon the4s-&uaeee-of-a-pe�r�# the-per+ it-t#e-oCCianAay-load-of-the-buIding E, of-orie proposed activity. �ho nironr }�11--C }�}r� o-or� by-tt}e-Chief-of pvi is o r h i c r1 time{- a l(b -,p ^ and plaGe shall be set by--tYi�-17t--tiv�f v�panlri t'.o or-t-l-f-.CTt*c aRt may, at his,-op#+op; p3vibe pot+ce- eeerve per , instead of=Growd-c oa+tors, . In-#be-event-hat-the-appt+cast--provides-p �,-� -I+c-enseb private patrolmen,-no-orientation session-vdi l--be--requ+red� F. T-he-Direc#or use-e#-a- for,with theme-onse^ ef- --appl+, i4i-4he--ev i ss�red-ferthe-r-e�ues-tet�-parlF;--or-v� needs--of b proposed--acW#Y- MC-1414 ATTACHMENT E G---tn44e-every , c-a��r-see-0f--i��s�tr�ctien--er-a of-RaFk&-a-R ,or-in a park, building or other pubi'G property,-the Direc �Iica�io+� that- t{-18-�-�a�vSeS-iT-��:"!".�,nc And Repreat�e of-G-B{af�e laf I esta the e�e�+t-��-so�etef�+ae�;-then-+�-small-be-a- t allowed-o-r-{ err i tied-#er-the-progr,-+m-s#atl be-the fees-e-hafged- eer-t c!^ � coufses-et4nstruct}op-or-activity and . o be-GV�afge4d-a tie-+ Drector-s4�atl-cons;ue��"° tees ot�afged and- Greati aR—*oasored-gfogfams-afid-the cour-ses-of-ifrstfuetions- jj Denial of perme A. Tie ��fe£tor—llla --defy—tk�r� -apglicetl c-or�dlt+of}s-east: t, That44e_-app4ea�tS mat t a£c�t�rnodate tie-aot+�+t�ef-appl+c-ate 2 That-th otice4-4as-d reserve-off�nr mac# hn cpe act+-v4-� +s-0f-a-s4ti-or ture4hat4h4e or-r- sefle-officer-&4 -properly-pc)4ce-th t the-Cil-y�be-willaout-adequate-ponce-p etec-t+on 3 Tt3at—the -z �tcar}t fetuses to agree; 4 That-the-appt+caft4a4ed4o--fife-af4-appEi . � fesarvat+en4hereof-, MC-1414 ATTACHMENT E o��onvir} tk�e--G+t��wh+eVa-da+�a�es-r�-s�4fe�- fee+4+fy;eq t� r}t--Dr--b�+itd i�q q;--tf--tf:ve fer--i -for f + stEt+a� , s f>o r-�-s 1-0---T ite } } p4or-3errm+c i Scati�sUcRn l if-ttle--requ+rer- ents--ef-t#pis-Gh pter-an4-eEf-other4aw are„v,met. B. - The Direeter-shae -sPac�fY-in-wrrt+ng-tt 12.80.090 Right of appeal of denial of parmit or Genditions A The-apot cant-_rnay--appeal--the-denial-o”-pe is, - e of-a-perri+t,h-y-the-dir-ec#or;-te- . E3_ The-epp4c-ant-nnurst4e-t_kie-appeal--with-the Gty Mministrqtor the-Direetor' eh dec+ within-4-hfee d ef--the-appeal, at-whic-h-time-#�& ;it-a-Rt infc�rr�atie�n-r�feua+�t to-the-��tion- G In-the -case-of-a--denial-e#-a perm+tie-G hours -of--tha--appeal-hearin MC-1414 ATTACHMENT E c#eC+s+ D T#e-d-ab-s c)n--o that 4 2-.s-o-.4 00 Fees and deposits £�eE-IS�oKI--c�r � to icc, n ELF-�ef11-��1�� r-,r...rzv-rsra c- A Uponrei o a �erE -enderI�+s �a , and shall be paid date key-tie-ep�I+C-a+a�--fie-�kie -B i r-ee-�e r-n e--lele r--t�,a theei +�t�� e-k�eld €the-#ees e de before-the-ac4ivit-y-+s-t"e-kl-ld4-he-pe-Kf4i+t- prov+ded--th at lh e Dir—Etc r-u pon-showing-off p time poor--o44e pro P e- E . The--Mayor o+t-sk 44 t-he-u se-o€-the � ' feoitities--and--pe iee-of-t-4e4ee--se pu Nio-b�-the-8 Waivers-aod--E-*emptieP s aEtFV+tfeS-_ b. park& and Corn m, Eori�+�r-at}ens---erpaia+ , E r MC-1414 ATTACHMENT E fac;dl*t*es upon a finding that the fee would GFeate a finanGial haFdsh*p Fd-ffi.-zu.ngl the ae4ivity oF event planned for suGh use and that the aGtiv ty or event will be of unusual benefit to the Fesidej#s of the Gity and should be supported with publiG fURds. (61%) Of Gity Fesid°crnts (2) As a Gondition of exemption, the + + 2. The fo"OWORg gFoups shall pay FAUGed fees in the amount 3s speGifned--. 0 e -0A) reside in the Gity E)f San [3eFnaFd-wnE), GFOUPS in this classffifiGatpOR shall pay no fee D. Refundabie damage bonds and Glean up depo6its. Refundable damage bo Fa*sers and other event6 whiE;h waFFant suoh bORds and deposits based Gn specific periE)d. Ne refund shall be made URtil using party or gFoups has seGUred a s gned e and delivered 6hall be made from the said dep%44ay-Gity, F. Utilization of Gity Employees. DLAFing any event when a City emp!E)yee eF employe are required te be present for the.purpeses of ralean e + •+ a fee shall be paid equivaleRt tO the total ees, ef said employees. MC�41414 ATTACHMENT E 12.80.110 Liability persons shall be liable to the Gity fer any and all darnage to an park, , 03 73) 42.80.120 Displays and sales, 12.80.130 Park regulations 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: A. Cause the amplification of sound exceeding twenty-five watts total output from all channels of equipment used except pursuant to an exclusive use permit issued under this Chapter and subject to the following conditions: 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 to be audible in any adjacent residential neighborhoods. 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. 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; MC-1414 ATTACHMENT F 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 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 Permit Issuance.................................................... IV-19.70-6 19.70.050 Findings ................................................................................. N-19.70-8 19.70.060 Conditions of Approval .............................................................. IV-19.70-8 19.70.070 Condition of Site Following Temporary Use .................................... IV-19.70-9 19.70.080 Revocation.............................................................................. IV-19.70-9 19.70.010 PURPOSE The Temporary Use and Special Event Permits allows for short-term activities which may be appropriate when regulated. 19.70.020 PERMITTED USES —TEMPORARY USE PERMITS The following temporary uses may be permitted, subject to the issuance of a Temporary Use Permit: 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; 3. Trailer, coach or mobile home as a temporary residence of the property owner when a valid residential building permit is in force; 4. Ptimpkin aiid Ghfistmas tfee sale lets-, 5. Fireworks stands; 6. Emergency public health and safety needs; IV-19.70-1 Rev.Jan. 2013 MC-1414 ATTACHMENT F 7. Temporary vehicle sales and car shows held at San Manuel Park; g. Fund raising eaf washes; 9. Pr-edtiee + io�S 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 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 Permitted). 14 Beer,wine alcohol on public property(ABC Permits). 19.70.025 PERMITTED USES — SPECIAL EVENT PERMITS The following temporary uses may be permitted, subject to the issuance of a Special Event Permit: 1. Group assemblies with more than 100 attendees and/or for a duration longer than three days (excluding set-up and break-down); 2. Circuses, rodeos and carnivals film-makin activities parades, marches street closures GO 5 rights-of-way, 3. Fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities; 4 Pumpkin and Christmas tree sale lots, 5 Fund-raising car washes; 6. Produce stands in community gardens; 7. Food truck events(more than three trucks). 8. Certified Farmers Markets. 9. Beer, wine or alcohol on public or private propeLty where no regular alcohol service is approved(ABC Permits). IV-19.70-2 Rev.Jan. 2013 Mc-1414 ATTACHMENT F 19.70.030 EXEMPTIONS The following uses are exempt from the provisions of this chapter: 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. 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. 19.70.031 PROHIBITED USES 1. Any use not allowed in the underlying land use district. 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 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). 4. Car washes not 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 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). 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). 19.70.035 DEVELOPMENT AND OPERATIONAL STANDARDS FOR TEMPORARY USE PERMITS IV-19.70-3 Rev. Jan. 2013 MC-1414 ATTACHMENT F 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 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 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 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 Development Permit and with the applicable provisions of this Development Code within 60 days after the last residence or parcel within the subdivision has been sold and escrow closed shall be required. 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). 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. B. On- and Off-Site Contractors' Construction Yards - Shall be operated only in conjunction with an approved building permit. The construction yard shall be removed immediately 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. D. Pumpkin and Christmas Tree Sale Lots I. Exemptions. A permit shall not be required when such sales are in conjunction with an established commercial business holding a valid business registration certificate. 2. Duration. Pumpkin/Christmas tree sales shall only be held from October 1 through December 31. IV-19.70-4 Rev.Jan. 2013 MC-1414 ATTACHMENT F 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. 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 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 organizations in compliance with 501(c) of the Federal Revenue and Taxation Code, or to bereaved families. 2. Fund-raising car washes shall occur no more than 12 days per calendar year per property. 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. 4. Fund-Raising car washes shall zb e water quality compliance with applicable stormwater regulations to minims potential 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. 1. Food Trucks — Shall be limited to no more than three trucks at any one time, on the same 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 e host purposes of this Subsection, a shopping/business events shallrcomplycwitht Section119170 036 business/establishment. All other food truck (Development and Operational Standards for Special Event Permits). J. Group Assembly —A Temporary Use Permit shall be required for a group assembly not to exceed 100 persons nor continue for a duration be required uired or all group assemblies exceeding break-down). A Special Event Permit shall q IV-19.70-5 Rev.Jan. 2013 Mc-1414 ATTACHMENT F ncerts when these parameters, and for all circuses, rodeos,accommodate lnmod to such sevents,festivals such as oauditoriums, not held within premises designed t stadiums or other public assembly facilities.in ises designed to accommodate such evenbsies that occur completely indoors and with p 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 shalllbe applicble San for all proposed proposed food truck event requirements, a Special Event P truck events that do not meet the criteria stated in Section 19.70.035.I. 1. Location. Food truck events may occur on any property improved with a non- 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 the City streets. Food trucks operated in associated with an approved Special Event Permit must operate from the approved location per the permit only. 2. Vacant lots. Food truck events shall not occur on vacant lots or on unpaved surfaces. 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: I. 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 sale of farm products such as fruits, vegetables, herbs, eggs,honey, added farm product food products (meat, milk, cheese, ), or flowers such as baked goods,jams, and jellies. 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. IV-19.70-6 Rev.Jan. 2013 Mc-1414 ATTACHMENT F 5. All farmers markets shall have a market manager authorized to direct the hours of operations of all vendors participating shall obtain and site during to a operating operation. Farmers market and health permits during hours of operation. 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 arade: "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 laws or controls. The definition of parade does not include the following: A. Funeral processions. B. Parades of forty or fewer pedestrians marching along a route which is 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 the parade shall cross streets in units of fifteen or fewer persons and allow vehicles to pass between such units. C. Parades athletic events or other special events occurring exclusively on Cily propegy for which another type of Cily permit is obtained. (Ord MC 522 5-20-86- Ord 2069 8-01-55) 2. It is unlawful for @Lny person to conduct manage or participate in pLny parade without a written permit first having been secured from the Community Development Director and the Chief of Police. 3. Interference with parade. It is unlawful for an person to knowingly join or participate in ny parade in violation of an terms of the permit for the parade, join or participate in ny permitted parade without the consent of the parade sponsor, or in an 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 IV-19.70-7 Rev.Jan. 2013 MC-1414 ATTACHMENT F 4 Permit application procedure. A. Apy person desiring, to conduct a parade shall file a verified application for a ermit 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 qpplica nt mqy demonstrate that the circumstances giving rise to the parade did not reasonably allow the artici ants to file for a permit within the time prescribed and that imposition of the time limitation would unreasonably restrict the right of free s eech. If such a demonstration is made to the reasonable satisfaction of the Communit y Development Director and the Chief of Police he or she shall issue a permit despite the lack of ten days' advance notice. 5 Contents of permit application A. The application for a parade permit shall provide the following information: 1. The name address and telephone number of the applicant the sponsoring organization the parade chailperson, and an alternate contact person. The Communit y Development Director and the Chief of Police mqy require a written authorization from an officer of the sponsoring organization. 2. A statement of the nature or purpose of the event. 3. The date and the estimated starting and ending,time of the parade. 4. The location of the proposed parade assembly area, disbanding area, and the route proposed for the parade. 5. The t e 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 IV-19.70-8 Rev. Jan. 2013 MC-1414 ATTACHMENT F shall be given and any sound amplifying equipment proposed for use shall be described. 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 Cily Manager Fire Chief, any affected transit company and other City departments or entitles 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 requirements, traffic routing, rovision for sanita facilities and other conditions reasonably necessary to ensure the safety of participants, s ectators and police and fire personnel to rovide for the ublic health and safely and to ensure minimum interference with business of the public. 6. Conditions to permit As a condition to granting a parade permit, the Community 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 maximum length of the parade the maximum and minimum speed the stops permitted, accommodation of other traffic the number and 13Te of vehicles levels 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 uniformly applied to similar conditions the Communit y Development Director and the Chief of Police shall issue the permit conditioned upon the applicant's written agreement to comply with aLny terms of the permit unless the permit is denied on any of the following grounds: A. An qpplication received prior in time has been approved for the same time and lace requested by the applicant or at a time and place so close as to cause undue traffic congestion or exceed the ability of the City to provide police and other services for both events. 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 streets at a time of usual traffic congestion. C. The concentration of persons animals and vehicles for parade purposes IV-19.70-9 Rev.Jan. 2013 Mc-1414 ATTACHMENT F 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 of police officers to ]:)olice 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 u or substantially lon the interfere street for construction or maintenance work scheduled on will interfere with a previously gr anted encroachment ep rmit. F. The time route and size of the parade will unreasonably disru t the movement of other traffic. (J. Information contained in o found t be intentional) false in an material detail information furnished is f or the applicant fails to complete the application after having been notified of additional information that is re uq ired. H. The applicant fails or refuses to comply with any condition reasonably imposed on the granting of the permit in order to ensure the safely of event participants, members of the Police Department or the public, or to ensure the order) flow of traffic or to avoid the likelihood of harm to ublic or rivate ro ert y, provided that nothing in this section authorizes the Chief of Police to impose conditions which unreasonably interfere with the ri ht of free speech. (Ord MC-522 5-20-86) g. Alternative to denial: When the ro Taon route or location of the d o denial oevent the corrected b alterin the date time du Communit Develo ment Director and the Chief of Police shall instead of Won I den in g the a lication conditionally approve the issuance. The�jpplicqtion d tions imposed a licant's acceptance of conditions of shall provide only for such modifications of the applicant's proposal as are neces qU to achieve compliance with Section 12.56.070. g Appeal A. Any applicant aggrieved by the decision of the Communi Develo pent Director and the Chief of Police with reference to the issuance conditional issuance or denial of a. permit, mqy gppeal to the Common Council in accordance with the provisions of Chapter 2.64 IV-19.70-10 Rev.Jan. 2013 MC-1414 ATTACHMENT F B. If there is insufficient time for a timely appeal 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 Manager,or his or her designee, shall hold a hearin no later than two business days after the filing of the qp eal and will render his or her decision no later than one business da y after hearing the appeal. If the appeal is heard before the City Manager, the City Manager's decision shall be final. The City Manager pLay impose an conditions a on approval which the Chief of Police could have imposed. 10. Contents of Permit. In each permit, the Communit y Development Director and the Chief of Police shall prescribe: A. The date time route or location: B. Conditions concerning time and place of assembly start finish and disbanding of the parade; C. Conditions concerning,accommodation of pedestrian or vehicular traffic spectators, and the portion of streets to be traversed• D. Requirements for first aid or sanitary facilities; E. Requirements for use of event monitors and provision of notice of permit conditions to event participants F. Restrictions on the number and type of vehicles animals or structures in the parade and inspection of floats structures and decorated vehicles for fire safet G. Compliance with animal protection ordinances and laws-, H. Requirements for sanitary facilities clean-up and restoration of City property' I. Restrictions on use of amplified sound; and J. Such other requirements as are found to be reasonably necessary for the Iv-19.70-11 Rev.Jan. 2013 MC-1414 ATTACHMENT F protection of persons and property. 11. Revocation of Permit. Any permit for a parade issued pursuant to this Chapter mqy be summarily revoked by the Cit y Manager or Ma or 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 calarnim or other emer enc it is determined that the safet of persons or ro ert re uires 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 resolution adoeted by parade the Mai or and deposit shall be in the amount e stablished by Common Council (Ord MC 588 4-22-87- Ord MC-522,5-2-0460 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 permlttee/sponsoring organization shall defend the City against and indemnify and hold the Crty harmless from any liability to any persons resulting from any damage or injury occurring in connection with the permitted event proximately caused by the actions of the permittee/sponsoring organization, its officers employees or agents, or aLny person who was under the ermittee's/s onsorin organization's control insofar as permitted by law. Persons who merel 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) 14. Insurance. A. The applicant/sponsor of a parade must possess or obtain public liability insurance to protect against the loss from liability imposed by law for damages on account of bodily injury and ro eLt dama e arising from the parade. Such insurance shall name on the policy s officers endorsement and additional ents. Insurance the Cit of San Bernard in e must be maintained for the duration of the event. B. Coverage shall be a comprehensive general liabilit y insurance policy. The minimum limits required shall lift million dollars for each occurrence o dollars for each occurrence of bodily in'u and two hundre d property damage. C. If food or non alcoholic bevera es are sold or served at the parade the policy IV-19.70-12 Rev. Jan. 2013 Mc-1414 ATTACHMENT F must also include an endorsement for products liabilit y 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 liabilit y in an amount of not less than five hundred thousand dollars. 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 CoMMunily Development Director and the Chief of Police until after the insurance policy or certificate of insurance along with necessga endorsements have been filed by the applicant/sponsor and approved by said Director. E. The insurance requirements f the following and condrtions are satisfied:waived by the Chief of Police for parades 1. The applicant or an officer of the sponsoring organization signs a verified statement that he or she believes the parade's ppMose is First Amendment expression,and that he or she has determined that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment 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 determine insurance premium rates for insurance coverage. (Ord. MC 1027, 9-09-98, Ord MC-522 5-20-86) 15. Penalties. An a ter is uilt of _person f this Ch an infraction which u on conviction thereof, is punishable in accordance with the provisions of Section 1.12.010 of this Code. Criminal prosecution for a violation of this Cha ter does not preclude the Cit from pursuing an available civil remedies arising from any activiM r egulated by this Chapter. (Ord. MC-522 5-20-86) 19.70.040 APPLICATION AND PERMIT ISSUANCE A. General. A Temporary Use Permit or Special Event Permit shall be required prior to 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 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). IV-19.70-13 Rev.Jan. 2013 MC-1414 ATTACHMENT F 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. 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. 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. 2. Flame resistance certificate and specifications for tents/canopies. 3. List of all vendors and type of service provided. 4. All applicable fees, including any cleanup deposit, shall be provided. B. Temporary Use Permit Applications. 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). 2. Review procedures - Upon receipt of a completed application and all related fees, the Community Development Department shall review and approve, modify, condition or deny the application. Note that review by outside agencies (i.e., the Fire Department or County Health Department)may be required. C. Special Event Permit Applications. 1. Time to submit - A completed h date oflthe beginning of of the proposed use.submitted no less than 630 working days from t 2. Review procedures - Upon receipt of a completed application and all related fees, the 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. IV-19.70-14 Rev.Jan. 2013 MC-1414 ATTACHMENT F 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 used are not required parking spaces, or that the parking spaces used in conjunction with the special event will not be used during les°or business hours. to ensure the safe the applicant shall provide a plan 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. All activities shall be limited to their specified land use districts. A Temporary Use Permit or 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. 19.70.060 CONDITIONS OF APPROVAL In approving an application for a Temporary Use Permit or Special Event Permit, 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 affecting the operation of such temporary event, or use, and may include,but are not limited to: 1. Provision for a fixed period not to exceed 90 days for a temporary use not occupying a for a structure, including promotional activities,herDirector all other pecified m this Chapter. Food shorter period of time as determined by 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 requirements, as applicable. 2. Provision for temporary parking facilities, including vehicular ingress and egress and any 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 parking spaces are not required parking spaces, or the business(es) providing the parking will be closed when the parking spaces are to be used in conjunction with the temporary or special event; IV-19.70-15 Rev.Jan. 2013 MC-1414 ATTACHMENT F 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; 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; 8. Standards for maintenance and upkeep, including irrigation and cutting of plant materials; 9. Regulation of signs; 10. Regulation of operating hours and days,lincluding limitation of the duration of the temporary use, as outlined In Condition 11. Submission of a performance bond or other surety devices, satisfactory to the City Engineer, 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 former condition; 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 Permit is contingent upon compliance with applicable provisions of the Municipal Code; and 14. Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this Chapter. 19.70.070 CONDITION OF SITE FOLLOWING TEMPORARY USE of the Each site occupied by a temporary use shall be left free of debris, litter, or any other of the use, and shall thereafter be used, pus ant tot e temporary use upon completion or removal provisions of this Development Code. A bond or cash deposit for the amount of$1,000 shall be 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. 19.70.080 REVOCATION IV-19.70-16 Rev.Jan. 2013 Mc-1414 ATTACHMENT F 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; 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. IV-19.70-17 Rev.Jan. 2013