HomeMy WebLinkAbout06.A- Community Development 6.A
ORDINANCE (ID # 3772) DOC ID: 3772 E
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Public Hearing
From: Mark Persico M/CC Meeting Date: 06/15/2015
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. (FIRST READING) (At Meeting
of April 20, 2015, Item Continued to June 15, 2015) (#3772)
j 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.
April 20, 2015, the public hearing was continued to June 15, 2015
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
Updated: 6/8/2015 by Jolena E. Grider E Packet Pg. 558
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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
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:
• 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;
• 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.
Updated: 6/8/2015 by Jolena E. Grider E Packet Pg. 559
3772
FINDINGS OF FACT
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:
Updated: 6/8/2015 by Jolena E. Grider E Packet Pg. 560
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3772
Supporting Documents:
Ordinance (DOC)
Exhibit A (DOC)
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)
Updated: 6/8/2015 by Jolena E. Grider E Packet Pg. 561
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_ 1 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 ,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
WHEREAS,the current General Plan was initially implemented in 2005; and N
WHEREAS, on March 18, 2015, the Planning Commission of the City of San E_
8 0-
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 w
10 approval of the proposed Development Code Amendment to the Mayor and Common a
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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, U
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14 2015.
15 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE M
CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: N
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SECTION 1. The Mayor and Common Council find that the above-stated Recitals W
18 are true and hereby adopt and incorporate them herein.
19
SECTION 2. Findings of Fact. 0
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21 1. The proposed amendment is a clarification to Titles 5, 12, and 19 of the San s
22 Bernardino Municipal Code to make minor changes among code sections, relating to
a
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 and amend certain provisions in Titles 5 and 12 as shown in Attachments A,
26 B, C, D and E. The proposed modifications would delete unnecessary and conflicting
27 provisions from 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 N
eliminate inconsistencies found throughout the Municipal Code. These revisions would
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12 enable the City to effectively and efficiently process permits relating to temporary use and
13 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 ,Nr
15 event permitting,thus improving the public interest, convenience, and welfare of the City.
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16 0
17 SECTION 3. Development Code Amendment 14-20, attached hereto as Exhibit "A" >
with Attachments A, B, C, D, E, and F, and incorporated herein by reference, is hereby
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approved.
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20 SECTION 4. Compliance with the California Environmental Quality Act.
21 E
22 The Mayor and Common Council finds that Development Code Amendment 14-20 is a
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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- 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
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:
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10 Council Members: AYES NAYS ABSTAIN ABSENT w
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11 MARQUEZ N
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12 BARRIOS
13 VALDIVIA °.
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SHORETT
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16 NICKEL
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17 JOHNSON
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MULV IHILL �
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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
27
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: >
Sections 12.80.055, 060, 070, 080, 090, 100, 110, and 120; and amend
Section 12.80.040. a
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2. Amend various sections in Development Code Chapter 19.70, Temporary Use
Permits, as shown in Attachment F. The proposed modifications would
streamline and clarify provisions for temporary uses and special events
throughout the City. ti
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ATTACHMENT A
5.04.505 Temporary display and sale of art artiG
of art artides iR Gity parks or ether pUbIiG plaGes, the fee shall be established
B, "Temporary" as used in this seGt;eR means SUGh displays and sales whiGh are
limited to vveekeRds apA legal hoNdays. "Art aFtideS" aS used iR this seGtiGR meap's E
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leather art Grafts girl other cim'
rc�Ct'cr't�r-ca'r�vrc.+,i.� ui«n c-.-�---.=i-�-�-�� �
shall net be GORSidered as art aFtides. All art artides shall be prodYGed personally >
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by the GeFtifiGate holder URder thus Artide and shall be the weFk pre rl, ntS of his nr
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5.04.507 TempGFary r
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exhibitions, shows or displays U
mail or shopping Genter
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temporary ovhihit}ORS shows or displays in �aih�Q__ Gh_salles � made, o�_oTd.�o, Fs take R, o
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or admiSSOOR Gharged in the thoroughfare er walkways ef aR eRGIesed mail ()-F
Q h�h9ppiRg cceRteer IR-'eXGess1 H 500,000 square feet, the ee shall be estu hIic Ln
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by rescflution of the Mayor and Common Goundl for the entire OpeFatiGR thereef-,
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ATTACHMENT B
Chapter
OUTDOOR ENTERTAINMENT
5.42.020 Filing of written appliGation
5.42.030 Approval of liGense by L
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5.42.050 Appeal of deGiSion of Chief of POHGe
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> rodeO, Garnival, or other exhibiti
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Every , fiFM OF GOrperatiGrl, e maRaghRg er GaFFYhRg ' ?
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redeo, GaFRival, exhibition, games, N
beeths, rides, s e r
GOFnrnerGoal operator, shall pay a fee established by reso'40R of the Mayor and Gommen
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Go'-nGil 'A AddifiAR, the operator shall be reqjeflsible for and shall teRder the established
ees pursuant to SeGtmon 5.04.370 ef thms Code fer A-11 individ-t-lal fe-A-d- b-o-oths, ti
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rides, _
ttr ntinns and other nnnna�s to ha nnerater✓ �inrla.�_r��.�e ' risdintinn S inh fgo� r
shall be tendered at the torne paymeRt for the liGense is seught, eXGept that, where an r O
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aRnual liGeRse has been obtaiRed, fees for suGh individual operatiens shall be paid by the
operator prior to the opening of eaGh event
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5.42.020 Filling of written appliration (n
Any appliGant for a liGense under this sedion shall first file a writteR appliGatioR
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therefor settiRg forth the fnllewinn• N
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property,of its owner, where SUGh busiRess is te be GeRducted; if an anRU
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be subjeGt tE) review by the Chief ef PeliGe as to appropriate ' U
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(Ord. nor 522 F_20--96)
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ATTACHMENT B
5.42.030 Approval of liGense by Chief of P01iGe
The Ghpef of Poke shall Gonsider eaGh appka�ieR, and if satisfied as to the
Moral GharaGter and integrity Of the appliGaRt, and that the site prepo-%4-4-s
properly ZGRed and subtable for suGh purpose, he or she shall gF@Rt approval Of the
!;Gense applied for, YRder suGh GORditions as he or she deems appropriate. The
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thf+t $ho nnnr^I„nt of N
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}e of State In,ni nr m,,ni pal orrlinanna to �
tFi-ni is-�nv rnr �tcviolation' ttt--Ci--d tact—ravr- -rrcrpur'--vran r..�-r�c�cv
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.,Ss on to prOGeed, the GWef of POliGe shall obtain the reGG.m..m.eAd-afiG)RS of all
Of SUGh departmeRtS. The Chief Of PoliGe shall also require, prior to the gFaRtiRg-ef
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permission, I
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5.42.0410 Annual GmtrUS fa*r-
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thereef, shall apply to aG+,,;V;,+,,;---- ----ndUGted during the anRual "Arus fadr held uRde >
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the allSPOGeS Of the NatioRal Orange Show OR its show gFOURGIS. w_
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5.42.050 Appeal of deGision of Chief of PGI*Ge d
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Any dedslon of the Chief Of PGliG ay be appealed as set forth heFedR.
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A, ARY appliGaRt aggrieved by the deGISmGR Of the I-,'-.;,ef Of Poke with refereRGe to
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Go,,nGil in annnrdanne with the nrocii inn of Chanter 2.64. Q
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B, if there tiMe for a timely appeal to be heard by the GeMMOR Geu
PF;GF to the date OR whiGh the eveRt bS SGheduled, the appliGaRt may, at his OF
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Administrator's his OF her desigRee, shall hold a heaFmRg RE) later thaR tWe bUSORess days afte
fihng of the appeal, and will reRder his or her deGiSion ne later than oRe busine
day after heaFiRg the appeal. if+,.',,e appeal Is heard before the City Gity
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ATTACHMENT B
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ATTACHMENT C
Chapter 12.56
PARADES6
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Dp-fanffinn of parade
17 5o_v,n Permit required
1.56.030 Ir+te�reTerev�ne +eeith r»rnele
12.56.040 Permit a, PhGation pfo-c,��
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12.56.060 Conditions to permA w
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12.ix-56.120 Deposit Berrinerlec
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1 .56.150 Penalties O
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ATTACHMENT C
A 2.56.0-10 Definition of parade er any combination thereof, on any Gity street, sidewalk, alley er other publics-
The defiRltierl of parade does not inrUll-A-e- thp following:
X Funeral pre neccinnc
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9, Parades of forty er fewer W
to sidewalks and GrOSS streets only at pedestriaR GFOSSWaIkS or street Gerners
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in aGGOrdanc-�_ �a�.iffin ron„Intin��# $
partiGipating in the parade shall Gress streets in units of fifteen er fewer--��
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b. Parades, a events n�_o her spnnial events nnn„rrinn ovnl„cively OR Gi_t
property feF whiGh another type of City permit is- N
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12 56020 Carvif wosoiror
a written permit first having been SeGUred from the Chief of PGI*Ge.- U�
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12.56.030 inter-fer-enGe with parade
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It is upl-avA!1 for any peFSOR to knowingly join or parkipate in any ---,-ade vielat
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Gf any terms of the permit fer the parade, je'R er partiGipate in any permitted parade
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without the ncont of parade can nr nr in any manner interfere with the nr^ctrocc CU
v rr�rrvu r-crn.. C-O rrscr rev T- interfere,.. ...�.. ....., r.._.�._�,.. y
or orderly nenrl„nt of the parade Q
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ATTACHMENT C
12.56.040 Permit appliGation prOGedure
A, ARY person desiring te
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MORths before the dat
immed;ately investigate to determine Of he or she has SUffiGme t thme to preGess the
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and to obtain pel;,Ge serviGes fbr the even
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12.56.050 Contents of permit appliGatkm
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A-. The applir•r+tiop for a parade permit shall provide r°
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The name,' addruri°-.ss, and ellephi-ie R Umbe of the uNN1ir•,nt t�pen.sering >
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`L. A statement of the Rat ire or pi irpese of the event. �
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The Ante a ry and the estimated startin and enrllnri time of the parade U.
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area, 6sbandiRg area, and the U
route prepesed for the parade.
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EaGh float esGFbed in term of its width height pe-wer seue�c_, and. U
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6, The tramRiRg and iRStFUGt'ens to be given to parade part*GipaRtS, the numbe
and IeGatien of parade MORmters to be employed er utilized, and arrangements
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for parkiRg whinh will he merle
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ATTACHMENT C
B. Copies ef the parade app
City Administrator, Fire Chief, any a#eGted transit Gemp ny, and ether City
depaFtments or eRtities that will be affeGted by the parade. Based en the
information supplied, the Chief of PeImGe shall determille and have the power to
the safety of p rk- nt , r�ontatnrc, and nnlGe N
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and fire E to provide fer the pubk health and safety and to eRSUre personnel,
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miRim„m intorforonGr with b„siRess of the p„hlin �
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12.56.060 Conditions to per-rPA
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reasenable requireMeRtS GenGerRing the time and plaGe Of the parade, the area and
manner of assembliRg and disbandiRg the parade, the route and spaGiRg ef all units, the C
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permitted,maximum !eRgth of the parade, the maximum and minim the stops
other tr ffin the r or nd type f �ehid_ levels Of rN
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vr-rcr-n--arrrc� the i—c�rra-Ty-I���-roc
fnr the nrntontinn of n�� M
property and for Gentrel of traffiG. The Chief of Police shall d avelep uniform regulations for
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12.56.070 P
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I in aGGerdaRGe with standards LARwfeFMIY applied te SiMiIaF Y
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with aRy terms of the permit, unless the permit is dellied on any ef the fe!!OW*Rg A, AR app"Gati.— prier on time has beeR approved fer the • U
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pIaGe requested by the app"GaRt or at a tome and pIaGe SO Glese as to Gause
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B-. soze of the event woll substaRtially wRterrupt the safe aRCI erder4y U
movement of traffiG in GORtigyous areas or will disrupt the use of streets at a time Y
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ATTACHMENT C
F—). The parade is of a size or-Rature that requires a diversion Af se great a number ef
police Officers te peliee the line of nna-rch and GGRtigUGWS- ArpAf; th;;t it wPI prev
m-;;;ntPnanGe work Scheduled upen Gr aIGRg the City stFeets er will interfere with-a
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F-.---The tiMe, rGUte and sj2!,::::! JI: I:ii:I::! -parad"�V--u-RreasGRably d;sru )t the
movement of ether traffic
furn"shed is found to be iRtentionally false iR any material detail or the appliGaRt W
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fails to complete the appkat"OR after having been netified of addition
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Mfermatien that is req&er7 N
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traffic, or to avoid the Af harm te public eF priva"eperty, provided tha
nothiRg on this section autherizes the Chief of POIiGe te ce-ditiGRS which
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unreasonably,T.rterfere w4h the Fight of free speech. U)
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(Ord MG 522 5.20 86) �
12.56.080 Alternative to deniat
When the gFOURdS for denial Of aR application Gan be GGrreGted by altering the d
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tome, duration, s event, shall, iRstead of denying
the application, GORditienally approve the apphGatiGR upon the applicant's aGGeptaRGe
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Section 12.56.070. Q
(Ord. , C
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[Return to Municipal Code Contents]
[Rev. October, 2014] 12-54
Packet Pg. 575
ATTACHMENT C
12 56 pan Appeal
X Any appliGant aggrieved by the deGision of the Chief of POIiGe with refeFenGe to the
. 26 4'n1 -rl in rrn ri pre with the nrn� ca °
B-. if there is )lffirient time for a timely appeal to he heard her the G r
d, the appliGaRt may, at his or he E
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option, �
appeal,his or her desigciee, shall hold a hearing Re later than twe business days after the
filing of the day after hearing the _
appeal. ) U
the City ) The City Administrator U
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(Ord.me >;oo ti one
12.56.100 Contents of permit U
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In n rh permit the Chief of Do"n oh` II prncrrihe•
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XThe date, time rni)te OF lerptien• O
8nc'rtiGRS—GOncern i fg tome ar'C piaGG —of as$s'4y-, start, finish und
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and the p0rtmGR of streets to be traversed;
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t3- Requ*FemeRtS fnr first eirl or sanitary fnrilitio� �
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Gvnditienc to event paFtidpnntc•
F-. ReStriGtmens OR the RUMber and type of vehides, animals, or struGtures iR the par
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laws;
[Return to Municipal Code Contents]
[Rev. October, 20141 12-55
Packet Pg. 576
6.A.e
ATTACHMENT C
1 Re triGt'GRS on use of amplified sound; and
j. SUGh ether requirements as are found to be reasonably neGessary for the prc)teGt'E)R
of peFSGRs and property.
(Ord MG 522 5 20 96)
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19-56-110 E L
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Any
perrn;t-fGr-a parade issued pursuant to thus Chapter may be summarily
by the City Administrator or Mayer and Gornrno-n GOURGH at any time or by the
Chhef of Poke on the date of the parade when by reason of a present er ProspeGtive
disaster, riot, publiG Galamity, it s detwmirled that the safety of
peFsens or property requires sUGh FeVE)GatiOR. Whorl any permit is revoked pursuant te
the provisions of this Chapter, the permit shall be reinstated as SGOR as the Gonditieris W
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ronetit,,tinn the emerrveRGy have abated
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17�.56.1r20 Deposit arrinade- V
The SPORSGr of an event desiring Use of b--.,,;----des shall be required to-pfGvide--a
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deposot prier to the issuanGe of the parade permit. The deposit shall be iR the-apnGw4t M
established by resolution adopted by the Mayor and Common GeLIRGml. w
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12.56.130 U
Prher to the 1SSUaRGe of a parade permit, the permit appliGant and authoriz
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OffiGer of the sponsoring organ, zatmen, if any, must sign. an agFeemeRt whiGh shall provide
that the permottee/sponsePiRg organization shall defend the City against, and iRdeFnRify
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and hold the City harmless from, any liability to any Persons resulting from any damage U
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tiGR with the permitted event proximately Gaused by
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the aGt*enS of the permittee/sPORSeriRg organization, its effiGers, employees OF agents,
or any person whe was under the peFrnittee'sisponse GeRtFel iRsefa
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as per.m.itted by law. Persons who merely Join !'R a parade are not GensideFed by tha U
reason alone to be n n under the a
(Ord MG_522, 5_7f1_86)
[Return to Municipal Code Contents]
[Rev. October, 20141 12-56
Packet Pg. 577
6cAe
ATTACHMENT C
12.56.140 insuranGe
X The appliGarlt/sponser of a parade must
to preteGt against the less from inability imposed by law for damages on aGGeU
bodily iRjury and property damage arising from the parade. SuGh insuranGe shall name
on the Poky or by eRdersement as additional insureds the City of San Bernardino,
offiGers, employees, and agents. 1nSUFaRGe Geverage must be maintairled for the
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Coverage shall be a G mi,�n-�mi—m C
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its required shall be ene MOII*GR dollars for eaGh of bodily iRjury and
two hUrldred fifty thousand dollars for eaGh eGGUFreRGe W
f property idamaoe iC
If feedi or non a!Geho!OG beverages are sold or served at the U
d the P915GY must
parade, O
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hundred thousand dollars. if a'Gehe!iG beverages are sold or served at the para
the pelffiGy must also i e an erldersement for liquor liability in aR amount of not
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less�than^_foye hi,nidrerd thousand dolllarcr
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}� ,�, , �+f° parade u R o� _
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The parade permit shall Rot be issued by the Chief of Poke unt"! after the insura
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filed by the appkant/spOrlser and approved by said N
G-. The onsuraR% requirements of sybseGtiGRs A and B above shall be waiv d by the
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Ghief of Doke for parades if the follo\e iRg Gonrditions are satisfied: d
4-. The appkant or an OffiGer of the spc)nser'--- zatieR signs a verified
statement that he A, r-,hp-- h-pe-N&Ofes the parade's purpose is First AmendrInIeRt E
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,and that he or she has determirled that the Gest of obtaining!RsuraRGe
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right of Forst /amendment expression or that it has been impossible to F
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of eRe !RSUranGe agent or other seurGe of insuranGe coverage f;te --t9
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etermine in ,,ranee premium rates for ins„ranoe aeyeraon w
cd
l(lrrd MG 1027 Q 09 98; err! IVIC 522 5_7( 86)
[Return to Municipal Code Contents]
[Rev. October, 2014] 12-57
Packet Pg. 578
6.A.e
ATTACHMENT C
1?a6.158
PenalUes
ARyperson violating any provision of this Chaptei 'S guilty Of aR e
y.(hir-h upon -onviGtien there
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of i_ C_�titino.n O
deeS not predude the City from pursuing, any available GiVil FeMedieS
from any aGtiVity egulatedbythis
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/Qf4—. M G 522 G 20-
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[Return to Municipal Code Contents]
[Rev. October, 2014] 12-58
Packet Pg.579
E6.A.f
ATTACHMENT D
Chapter 12.64
MOTION PICTURE AND TELEVISION PRODUCTION PERMITS
feet*Gn-'r
12.64.010 64v.010 ®ear
�12.4�z 64.015 Definirm lion&
X1 7 L�`
�Z�-.424 Permit required �
a X4.030 Exemption �
N Appliration form
1 2 _
1-��F�tl 5 0 >
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12.64.060 Granting Denial
.8 7$ Fees (1)
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12-6-4 075 Reimbursement for Personnel y
12.64 080 Liabi it y Provisions CD
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17.fir`64.1x00 Designa officer
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.010 P u rpose M
preduGtion indust, to utilize the variety of baGkdr(Dps afforded within the City of
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1 televisien or still photegraphy �
PredUGtiGn SO IeRg as the use0f IGGations within the Qty does net unreasonably interfere
of this Chapter to provide for rules and regulations goverRiRg the iSSUiRg of permits f(4r
FnetiGR d
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1 television Gr still photography en 'E)GatieRwithin the Qty iRordeF to ensure
restriGted 69 19Rg as their aGtivities OR this regard areRE)t iRGE)RsisteRt With GORsiderati
of the publiG health and safety and the PrOteGtion of property.
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ATTACHMENT D
17 64 015 Definitions
X "Motion
-Attend-ant to staging or shoDtiRg G-OrRmerGial motion no, television shows nr
programs, and GOrnmerGialS, on film or videe ta-pe, or by any available teGhnelegy.
n films" shall rneaR , e television, ,
or still photegraphy prGduGed by -a nonprofit N whiGh qualifies Under
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person, dffireGtiy or iRdirGGtly, shall reGeive a prefit from the marketing and prodUGtien
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of the film or from showing the film tapes or photegraph� �
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"New Media" hall mean the filming orvirin �
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unplanned televisiGR Rews broadGast by reporters, photographers or cameramen-. !Z
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(Ord. nor' 746 10 17 90) N
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17 an 020 Permit Required U
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hln person shall M
the purpose of takiR
GemmeFGial still photography without first applying for and reGeiving a permit
he G.', v rari �'ng°T M
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A the co
appliGatiGR and pai, I— appliGable fee. The City Manager, or his/her design---, is- N
authorized to Issue a filming and/or std! photography permit to any appliGaRt fulfillin-g
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the requirements of this Chapter. CL
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ATTACHMENT D
42.64.030 Exemption&
The PreViSieRS ef this Chapter shall not apply tl---
A, The filming or video taping ef MOtOOR PiGtures er stall photGgFaphy, whether by a-
;
B, The filming or taping of motion piGtures or still y fe�in a nrimin�
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G, News M e i a. Filming,_ t eleais , d
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ral n6 ihlin interest
established or fixed nlaGe of business in the (1ity• �
E— Ch;;rttAhlp films: Ne permit fee shall be required fer prejeGtS WhiGh qualify u
SeGtdeR 50"(3) of the InteFRal ReveRUe Gode; provided, however, that a permit as
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required by this Chanter shall he required. v
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12.64.040 AppliGation Form
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9, RU i ine s telenhene number Of annlinant• �
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E, Qnenifin Innatien/ \ at whinh the aGtMty is to he rend inte`I•
Hate/s\ and time/s\ S rah ar•tivity Will transnirn;
make, type and IiGense numbers of all meateeir VlehideS that appliGaRt, its agents 9F
0
employee will nark en Gity streets or narking lets during filming•
Packet Pg. 582
6.A.f
ATTACHMENT D
H. Name, addFess and telephone number of peFSon in Gharge on lOGatien
��Vrt n/+t-QGLT�VTC�-
Ir Evart number of norcnnnol to be in yi�)�i`(J•
Ice of any animals nr py, tnnhniGs;_,onlJ
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12.64.050 Time for Filing AppliGation, N
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An appliGatien shall be presented to the Gity A Ristrater at least two (2) working
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stunts or speGinl offont_ ,
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12.64.060 Granting Denial LL
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The Gity AdMiRiStFater shall approve the appliGatiGR and issue a permit for st
with the use and enjoyment of the preperty by the publiG, result OR damage er injury to N
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shall attaGh SUGh GC)Rdot;()RS tO the permit as he or she finds are ReGessary te a !--;i ire that
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(Qrd MG f6
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4 7 6 070 Goes V
Fees for the issuanGe of permits required by this Chapter shall be set by resoluti
of the Mayer and COMMOR GOLIRGil.
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ATTACHMENT D
97 64 075 Ra nbursomenF for Personnel
The app"GaRt shall reimburse the Qty for aRy peFSORnel provided (i.e., , fire,
for th-e. purpose of assisting the pFeduGtio
12.64.080 Liabilfty Provisions
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A, -first provides- a.
t'Y virleRce of in ur nGe in a form approved by the City ttc)FRey. S Gh innrs urcnGe sn h-a4
name the City as aR additional insured, arld 11 ;.RderrlRify and preteGt the �
W
its iC employees and representatives from liability for uses as provided for
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;n the permit Wth limots of not less than One lin-.n nAll;;rq (sl,OGOT00%��
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($1,000,000) N
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or modifiGat!GR unto! thirty (30) days after written noke to the City. A c;epy of th
GertifiGate shall remain en file On the City r
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Administrator's
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as provided by the City prier to the issuanGe of a permit uRder this Chapter.
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appliGant may be required to post a refundable faithful performarlGe beRd in an
amount to be determirled at the time the appliGatiGR is submitted. Uperl GGMP!eti
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E—. VVa'veF or MedificatioR. The provisioris of this SeGtion may be waived or modif
by the Gity Administrator if he or she fonds that the proposed aGtiVity iRV91
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Packet Pg. 584
6.A.f
ATTACHMENT D
12.64.090. V*olat*-ons
A, if a persen vielates aRy PrOViSiOR ef this Chapter oF a permit issued pursUaRt ,
nGew
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1.12.010, C„hcnntien R of this Ledo d
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17 R/1 100 Designated nffinor O CL
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undeF the previsions ef this Chapter. The City Administrator, oF his oF her design
shall GGGrdiRate aRy matters ffiRVG!ViRg investigation er determination affeGfing-the
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Ardmmni,-;tr;-#qr shall have autherity to waive any time limits etherwise appliG
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(Ord MG 466 7 16 95) �
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6.A:g
ATTACHMENT E
Chapter
12.80
PUBLIC PARKS AND RECREATIONAL FACILITIES
Sections:
E
12.80.010 Short title a)
a.
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 ii
12.80.050 Park and recreation sponsored classes - Permit required o
12.80.055 Consumption of Alcohol in a Public Park - Permit required
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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
12.80.110 Liability
MA
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
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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) c
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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: s
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 E
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. 586
6.Ag
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. d
C.
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.
C.
G. "Inline skates" mean skates which are attached to a boot, shoe, or other footwear
0
to be worn by the skater.
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(Ord. MC-1185, 10-05-04; Ord. 3326, 1-03-73) o
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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.
(Ord. 3326, 1-03-73) o
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OR
12.80.040 Permit— Required- when_ r
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A. For any private groups of persons using a public park that have fewer than twenty- o
five no permit is required.
OR
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.
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C. It is unlawful for any group of persons firm or corporation, society or
organization which anticipates an attendance of more than one hundred to conduct 0
any picnic celebration parade service or exercise in any public park or
building or use any park facility, without first obtaining a Special Event Permit w
pursuant to Municipal Code Section 19.70.036. a
(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 a
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
Packet Pg. 588
6.A.g
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.
(Ord. MC-460, 5-15-85; Ord. 3525, 9-10-75; Ord. 3326, 1-03-73) _
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ATTACHMENT E
meetings,19-80-0-5-5 Consumption of AlGeholin a PubliG Park - Permit required
X The drinkirig or Gonsumption and/or the offering, gMng, or furnishing of alGehe
beverages may be autherized by wr4ten permit from the Gity Manager or his
designee On any building or park for speGial events, GORfeFeRGeS
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shall be subject to Gonditions set forth thereiR and to all rules, regulations
9FdiRaRGes of the City and the general law. ARY permit graRted heFeURder may be
modified or summarily revoked at aRy time by the a
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Mayor, 1 City >
MaRager or Chief of ROIiGe without prior RGtiGe or hearing.
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under this seGtion shall file an appliGatiOR for same with the DireGtoF pursuant
to the PrOGedures set forth 'R SGGtien 12.80.060, and shall iR additiOR, Glearly
set forth in the appliGation at a mi
the intpnt to v;
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offer, gave or furnish alGoholiG beverages dUriRg the ev h
described the application fnr m M
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distributed, N
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(` }hem nner for control of the distribution of alGehol at the oven} and �
(4) suGh additional information as ma be requiFed by the City MaRager or C�
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his designee r
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-2, Separate and apart, any permit issued heFeURder shall be subjeGt te su CR
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Any use permitted „nnor shall he limiter) to the cons„mnti8n_�
�- T-„,�—�.,G�e�-f��ed-�Te�„,a�,�,-, o—�,,�—moo,�.�,,�� ,
beer and ,mine LLl
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ATTACHMENT E
12.80.060 AppliGation for permit
Any person, fiFM, Gorperation, SeGiety or organization applying for a permit pursua-Rt
to SeGtiGRS 12.80.030, 12.80.()4n- and- 12.80.050 shall file an appliGatioR for SuGh permit
Eth the DireGter, Ret less than ten days, Rer mere than RiRety days, prier to the proposed
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use of the park or building. Upon a shE)W;Rg of good GaWSe, the Director May �.q-Aiwp thm :t
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A, The name of the spoRs9riR,-, orgaRizatiOR; the name, business c
d
address,d telephone number of the W
, whe shall be held responsible fe
the proposed artiVity• d
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B, The park, building, or portion thereof, applied fer• O
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G, The starting and finishing time of the proposed ertiVity; U
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tom- The number of people evnerted to attend; r~
E—. Additional Gity faGilities requested, inGluding bUt Rot limited to P
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tables and nhairs• N
F-. The nature of the proposed aGtivity or aGtivities, inGludiRg eqUipMeRt and vehides to
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the RatUre and duration of the use of any amplified sound;
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G, Estimated number of narking snares required; to
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GT-approved GlaSS or GouFse Of lRStRJGtiGR, the proposed fees that are to be Gharged
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for the classes Or nn,,rses of instr,,ntion O
rorr-rrr�, u-rctrr�.�-yr-co c�r�c.�.��-o� n-r..,�rr a�crorr. O
J, SUGh ether information as shall be required by the DireGtOF.-
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6.A.g
ATTACHMENT E
12.80.070 issuanGe of permi
A, The Direr.tor shall graRt or deRy SUGh appliGatieR withiR five workiRg days after
Ets submiSSiGR unless the time for SUGh granting or deRial ef the permit has be
shall e mailed to the nppliGant E
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that the prepesed aGtiV4y and use will not unreasenably interfere with or det
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the permit the E)GG ,panty lead of the building
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by the Chief of Poke or his , t
tome and plaGe prier to the proposed aGt;vmty, wh,;Gh time and plaGe shall be set
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by the of of DrOIiCe_rr his designee.e.T The epplinont shall within the time ii n i r
speG to
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RG!udmRg th& Rames, addresses and telephone numbers. The appliGaRt may, at O
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his eptien, provide pellGe reserve persenRel or duly "Gensed private patrolmen, O
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!R the event that the appliGaRt prevides PEAGe reserve persORRel, er duly InGeRS
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private patrolmen, Re nrientption session will he required u
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F. The DireGter may grant the use of a permit for a diffeFent park than the GRe applied
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ssued for the requested park, or eR SUGh requested park dees not meet the
needs Of appliGant or is otherwise deemed URSUitable fer the purpose ef the
PrepOSed aGtiVity. Q
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6.A.g
ATTACHMENT E
G. IntheeVeRtthe permit applied for is for the purposes of holding or GenduGting Glasses,
of Parks and ReGreatieR, upon er iR a park, building or etheF publiG PrepeFty, t
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P-c-;t;;hlir,hpd and approved by the DepartmeRt of PaFkS and a-.IR the
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Rt itis se determined, theR it shall be a requirement that the eRly GOrnpenSatioR W
allowed oF permitted for the pregram shall be the feeS Gharg d for the Glasses e
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permit. fees, �
and ReGreatieR spoRsered programs and the O
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nature, e-f Glasses of
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12.80.080 Den6al of permi
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X The DiFeGtOF may deny the app he finds that any ef the following >
cOnrrrditie -S e)d Sr
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4, That the appliGatiOR reveals that the Gity has no paFk or building whiGh-AC O
OR
aGGemmerdate the r+ntMtty of onnlir,ont• N
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2, That the Chief ef PGNGe has determined that eff duty peliGe OffiGers 9F Poke R
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reserve OffiGeFs must be speGifiGally Galled to duty, beGause the proposed OR
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aGtiV4Y is of a size er Rature that the diversion of se great a Rumber Of peliGe
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the City will he without adequate reline nreteGtien• �.
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3, ThTrrtti the appliGaRt refuses to—agree,- rT to OOMPIii with att W
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GenditlenC in the permit• _
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5-.- That the park, fCility or building iS Rot available due nrinr
reservation tt-'h`^e,r'eef• E
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6.A.g
ATTACHMENT E
6. That the appliGant
within the past two years whether or not the vielatiOR resulted iR a preSeGutiGR
7. That the aptp-li----.-I Gr erganizatien has failed te pay the Gity for past damages
te any park, building, equipment er furniture, ewned er GGRtrelled by E
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the City 68.
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building;fadlity, equipment or U
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9. if the permit applied for is for the puFp()ses of heiddRgz:l Glasses GF GGuFses ef
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approved, �
SPORsered or sanGti()Red by the 1 r
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puFsuant to the previsions of this ti
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11. if the FequiremeRtS ef this Chapter and all ether laws are not met. .0
D TI,- r";reG'GF shall SpeGify in writing the groURCIS for the deRial of the permit.
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12.80.090 Right of appeal of denial of permit Or Gonditions
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iss Anne of a permit by the oirontor, to the City dminictrotnr �
7-`__._____ _ permit,____� _ the � CO the OlC> ] CQITTTITJLT"CfCG'i:
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B-. The apploGant m,--qt filp-the appeal with the Gity vAthin five days e
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1 mailiRg of suGh deGisieR. The Gity AdMiRistrater shall hold 1
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three days of the filing of the appeal, at the OffiGe of the Gity Administrator,
at whiGh time the appliGant may present any and all evideRGe, r
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testimony, and
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shall, �
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ATTACHMENT E
appeal is taken on the Genditions impesed by the DireGter of Parks and ReGreatiori�
the Gity AdMiRistrater shall within tweRty feur houFs of the hearing, issue
deGiSiOR either affirming the conditiens imposed or diFeGtiRg the DiFeGter to
issue the permit with amenrtedl nnndlitionS.
provided, L
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rinni inn aPdl to issue nr rlenY/ the Permit
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4 7 Stn 4 nn Gore and deposits �
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i� UPOR gFaRtiRg of a permit under this Chapter, aRy fees o-F depesits required fGF
the use of Gity U
, parks, , equipment, Q
by the appliGant to the DiFeGtGF RO later thaR three working days befoFe the date
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the-aGti a its/ is to he held) If the fees or e nret gei,rl� h
hefnre the activity is to he held, the permit theretefore iss„ed7 shall he null apol void;
provided, that the DiFeGtGF Upen shew;ng of geed Gause may permit payment at aR��
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time prior to the proposed use
B-. The Mayer and Common Coyne'! hall establish by resolution a fee SGhedule for
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the use of the publiG parks and buildings and for the rental er use ef equipme N
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faGilities and peFSonnel. Copies ef the fee SGhedule shall be made available te the O
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ihlin by the Department of Darks anrt Renr�ag hen �
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Waivers and) Exemptinns• O
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The fnllo�n/inn nrn,,n hall pay no fens for a permit: T-
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a- Parks, Recreation and) Community Cervices Department cpepsoredl V
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Parks Recreation and! Gemmunity Sep lines Department cnspnnseredl
a at ia�crvii i e S.
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eerpnrao��s aRized pa �- patrinti�TGni�/��e_hbGtteerrmeRt G
T17 �r{� —puT-dry— —pucT-r° r
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6.A.g
ATTACHMENT E
faGilities upon a finding that the fee would Greate a finandal haFds-hip
aFdffizing the aGtmVlty Or event planRed for SUGh use arid-that the
activity Or event will be of unusual benefut to the residents of the City
should be supported Wth publiG funds.
(1) The word N
r as used hereiR is defined to mean an organization
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whose membership i Gnmpri erd of fifty one perGent /510%\ of pity U
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recideRts.
(-2) As a.,r--uGRdi ion of exemption, the i sse , GE)Fperation, fC
organizatiop nr grnr rn seeking nvemptinn may he required to perform d
servipec or provide lab.or honefidel to the City Or its recirlentc �
2. The following gFeups shall pay FedUGed fees iR the amount as SpeGified:
a. The SaR Bernard;R9 City Unified SGheol Distrid shall pay fifty peFGen O
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(500%) of the establisher) rates h
k. Non prefit, youth serving orgaR.za+,.;--.nS IOGated ermanently in and M
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erry ing the City of Can RernarrdiRe are these organizations whose •>
ppr nripal purpose }q�p�de_-.aa�ro!ee nr program to `nertin_pat�c� �
• r 51 perGent (51 0 Fesid O
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the Gity of San Bernardino. Groups iR this classiftation shall pay no
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for use of nr rtrdonr athletin fanilitiec �
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D. Refundable damage bonds 2Rd (3leaR up deposits. R8fURdable damage bonds
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and Glean up deposits shall be required for all speGial events, athletiG events, fund OR
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ra seFs and other events whiGh warrant SUGh bonds and deposits based en sped t
nmher of people aprd uses of fa Gilitiec and equipment to
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E. Refundable deposits. RefURdable deposits held puFsuaRt to this eFdinanGe may
be refunded in full or in part within fourteen (14) days after GeMpletion of the u
peFed. Ne FefURd shall be made uRt;l using party Or groups has seGUred a SigR
RspeGt"en and release form fFOM the apprepr.ate faG2lmty manager, and delivered E
this GXeGuted release form to the Parks, Rep-re-atd.on And GE)MMURity Sep,/mG O
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Department. DedUGt!GRS for aRy damage to the faG'Ihty Or for Glean up and repairs-
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shall he marle from the said deposit by _
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R UthlbZati9R Of City Employees. DuriRg any event when a Gity employee Or employees
are required to be present for the purposes of GleaR Up, MOROtOriRg, etc;., a fee sha-4
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he paid equivalent to the total pnct of said employees
Packet Pg. 596
6.A.g
ATTACHMENT E
12 Qn 110 Liability
All persons te whern an eXGlusive use permit has been graRted must agree in Writing
to held the Gity harmless and indemnify the City frern any and all liability for injury te
peFSeRS shall be liable tA thP GitV fAr 2RV and all damage te any park, N
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f building,
3'Rt and furniture owned 9r GGRtrGlled by L
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(8rd-332&,-1--g3-7-3) w_
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'1 7 Stn 120 Displays and sales- Cn
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unlawful for an(-persefl to sell or offer for sale any
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park, , U
areas,grounds, roadways, avenues, park facilities, fflUrlidpal parks and playground or
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portions thereof, under the supervision of the Parks, ReGreation and Community ServiG
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12.80.130 Park regulations N
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Within the limits of any public park or playground in or upon any facility or building
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located therein and owned or controlled by the City, it is unlawful for any person to:
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A. Cause the amplification of sound exceeding twenty-five watts total output from all Q
channels of equipment used except pursuant to an exclusive use permit issued N
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under this Chapter and subject to the following conditions:
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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
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to be audible in any adjacent residential neighborhoods.
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2. Amplified sound shall not exceed ninety-five decibels (dba) at a point fifty feet U
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; E
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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. 597
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;
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G. Use or attempt to use or interfere with the use of any table, space of facility which n
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 Q
places designated and posted specifically for such purposes;
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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 o
performance of his duty;
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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;
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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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OR
L. Light or maintain any fire unless such fire is lighted and maintained only in a stove N
or fire circle or place provided for such purpose; 1�
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M. Throw rocks and waste matter in unauthorized places; CR
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N. Bathe or wade in or otherwise pollute the waters of any pond, stream, lake or =
pool unless wading or bathing are allowed in designated streams or pools 0
or portions thereof;
I
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 E
or maltreat any domestic or other animals;
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P. Camp, lodge or tarry overnight unless there are set aside certain places for this a
purpose; the provisions of Section 12.68.020 regulating loitering and tarrying in any
public park is adopted by reference;
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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, 2014] 12-80
Packet Pg. 598
6.A.g
ATTACHMENT E
R. Roller skate or bicycle upon tennis courts in any public park within the City; and
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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 w
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 o.
structure within any public park.
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T. 1. Skateboard or inline skate at a City-owned skateboard park without wearing a
CD
helmet, elbow pads, and knee pads; CL
2. use this facility for skateboarding or inline skating if under the age of fourteen
(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;
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4. skateboard or inline skate during rain or wet conditions at this facility; and/or, T
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5. if not an adult supervising someone under the age of fourteen (14) years,
enter (by passing through the entrance/fence) or remain in the skateboard
® park while not actively skating at all times. N
7
(Ord. MC-1180, 9-09-04; Ord. MC-1171, 4-06-04; Ord. MC-1170, 3-18-04; OR
Ord. MC-460, 5-15-85; Ord. 3643, 5-25-77; Ord. 3326, 1-03-73)
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12.80.140 Violation - Penalty o
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Any person, firm or corporation violating or causing the violation of any provision of N
this Chapter is guilty of a misdemeanor, which upon conviction thereof is punishable in 0
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accordance with the provisions of Section 1.12.010 of this Code.
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(Ord. MC-460, 5-15-85; Ord. 3326, 1-03-73)
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[Return to Municipal Code Contents]
[Rev. October, 20141 12-81
Packet Pg. 599
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6.A.g
ATTACHMENT E
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[Return to Municipal Code Contents]
[Rev. October, 2014] 12-82
Packet Pg. 600
6.A.h
ATTACHMENT F
CHAPTER 19.70
TEMPORARY USE PERMITS
MCC 1385 1/16/13
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Section Page d
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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 Permits .......................................................... IV-19.70-2
19.70.030 Exemptions........................................................................................................ IV-19.70-2
19.70.031 Prohibited Uses.................................................................................................. IV-19.70-3 0
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 0
19.70.050 Findings.............................................................................................................. IV-19.70-8
19.70.060 Conditions of Approval..................................................................................... IV-19.70-8 M
19.70.070 Condition of Site Following Temporary Use................................................... IV-19.70-9
19.70.080 Revocation IV-19.70-9
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19.70.010 PURPOSE
The Temporary Use and Special Event Permits allows for short-term activities which may be E
appropriate when regulated. a
as
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19.70.020 PERMITTED USES -TEMPORARY USE PERMITS D
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The following temporary uses may be permitted, subject to the issuance of a Temporary Use Q.
Permit: E
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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;
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4. E
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5. Fireworks stands;
6. Emergency public health and safety needs;
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IV-19.70-1 Rev.Jan.2013
Packet Pg:601 111 1
6.A.h
ATTACHMENT F
7. Temporary vehicle sales and car shows held at San Manuel Park;
P 1S'
Q FLun a washes;
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9. Predtiee stands in eenununi4y gar-dens;
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10. Food carts, operated at fixed,pre-approved locations in the Main Street Overlay District;
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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 �n
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). o
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14. Beer,wine, alcohol on public property(ABC Permits). M
19.70.025 PERMITTED USES - SPECIAL EVENT PERMITS
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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); d
a.
2. Circuses, rodeos and carnivals film-making activities, parades, marches, street closures,
rights-of-way, subject to eempliafiee with Chapter 5.42 of the M,,, ieip.,l C;E)de• �
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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; E
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4. Pumpkin and Christmas tree sale lots;
5. Fund-raising car washes;
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6. Produce stands in communitygardens;
7. Food truck events (more than three trucks). a
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8. Certified Farmers Markets.
9. Beer, wine or alcohol on public or private property where no regular alcohol service is Q
qpproved(ABC Permits).
IV-19.70-2 Rev.Jan.2013
Packet Pg .,602
ATTACHMENT F
19.70.030 EXEMPTIONS
The following uses are exempt from the provisions of this chapter:
N
1. Garage and yard sales, provided the sales do not occur more than 12 times per year, for no E
more than three days per event, and only on the third weekend of the month, in compliance a
with Municipal Code Section 8.14.070. _
2. Temporary outdoor displays and sales,pursuant to Chapter 5.22 of the Municipal Code. w
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3. City-sponsored uses and activities, or activities occurring on City-owned property, a
in
occurring at regular intervals (weekly, monthly, yearly, etc.). Other City permits (building c
permits, encroachment permits,etc.)may be required. N
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19.70.031 PROHIBITED USES N
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1. Any use not allowed in the underlying land use district.
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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).
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3. Outdoor sale of goods not accessory to a primary retail use on the property or accessory to E
L
an event sponsored by an educational, fraternal, religious, or service organizations directly a
d
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).
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4. Car washes not sponsored by an educational, fraternal, religious, or service organizations a
E
directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance �W
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 T'
developed as a commercial car wash. u
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5. Animal rides/petting zoos not in conjunction as an accessory to an approved larger-scale E
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 4
requirements of this Development Code(i.e., located in a required parking space).
19.70.035 DEVELOPMENT AND OPERATIONAL STANDARDS FOR
TEMPORARY USE PERMITS a
A. Real Estate Office and Model Homes
IV-19.70-3 Rev.Jan.2013
Packet Pg.603
6A.h
ATTACHMENT F
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 N
Conditional Use Permit. E
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a)
2. Allowed locations. In all residential land use districts and all mixed-use
developments with a residential component. >
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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: o
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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 o
complex, or the restoration of the premises in conformity with the approved N
Development Permit and with the applicable provisions of this Development M
Code within 60 days after the last residence or parcel within the subdivision
has been sold and escrow closed shall be required. _
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b. Off-street parking shall be provided at the same ratio as required for offices d
in compliance with Chapter 19.24 (Off-Street Parking Standards).
4. Duration. The temporary real estate sales office and temporary model home EE.
complex may be maintained until all of the on-site parcels in the subdivisions have a
been sold and the escrow closed. N
B. On- and Off-Site Contractors' Construction Yards - Shall be operated only in conjunction o
with an approved building permit. The construction yard shall be removed immediately a
upon completion of the construction project.
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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
1. Exemptions. A permit shall not be required when such sales are in conjunction Q
with an established commercial business holding a valid business registration
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certificate. d
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2. Duration. Pumpkin/Christmas tree sales shall only be held from October 1 through a
December 31. Q
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
IV-19.70-4 Rev.Jan.2013
Packet Pg 604
6.A.h
ATTACHMENT F
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 N
Chapter 8.60 of the Municipal Code.
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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. w
G. Fund-Raising Car Washes a
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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
organizations in compliance with 501(c) of the Federal Revenue and Taxation Code, o
or to bereaved families.
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2. Fund-raising car washes shall occur no more than 12 days per calendar year per
property.
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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.
4. Fund-Raising car washes shall be conducted in compliance with applicable E
stormwater regulations to minimize potential water quality impacts. a
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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 o
the County Environmental Health Services Division. 0
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I. 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 of
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
purposes of this Subsection, a shoppingibusiness center shall count as a single host
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 s
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 Q
not held within premises designed to accommodate such events, such as auditoriums,
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.
IV-19.70-5 Rev.Jan.2013
Packet Pg.605
6.A.h
ATTACHMENT F
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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- E
up and break-down), and for circuses,rodeos, carnivals, fairs, festivals, concerts and similar a
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 w'
than a maximum of 15 days per 180-day period per location.
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B. Food Truck Events — In addition to complying with all applicable San Bernardino food Cn
truck event requirements, a Special Event Permit shall be required for all proposed food c
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- o
residential land use up to two times per year per location for a maximum of three ti
days per event. A Special Event Permit does not allow a food truck operator to V
roam the City streets. Food trucks operated in associated with an approved Special r
Event Permit must operate from the approved location per the permit only. o
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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, CRA, 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.
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2. Adequate provisions for traffic circulation, off-street parking, and pedestrian E
safety shall be provided to the satisfaction of the Community Development 0
CD
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
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 Q
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. 606
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.
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D. Parades d
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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 w
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street sidewalk alley or other public right-of-wa3 which interferes with the
normal flow of pedestrian or vehicular traffic or does not comply with traffic co
laws or controls. o
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The definition of parade does not include the following: a
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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
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 Y
fewer persons and allow vehicles to pass between such units. E
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C. Parades athletic events or other special events occurring exclusively on D
City property for which another type of City permit is obtained.
(Ord. MC-522, 5-20-86; Ord. 2069, 8-01-55) C
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2. It is unlawful for any person to conduct, manage or participate in any parad c
without a written permit first having been secured from the Community
Development Director and the Chief of Police.
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3. Interference with parade. It is unlawful for any person to knowingly ioin 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 a
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. r
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A. Any person desiring to conduct a parade shall file a verified application for a
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
IV-19.70-7 Rev.Jan.2013
P,acket'Pg. ,
ATTACHMENT F
parade is proposed to be conducted.
B. If an application is filed after the film 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 E
investigate the effects of the parade on traffic and other conditions, and to a
obtain police services for the event. The applicant may demonstrate that
the circumstances ig ving rise to the parade did not reasonably allow the w'
participants to file for a permit within the time prescribed and that
imposition of the time limitation would unreasonably restrict the right of a
free speech If such a demonstration is made to the reasonable v)
satisfaction of the Community Development Director and the Chief of c
Police he or she shall issue a permit despite the lack of ten days'
advance notice.
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5. Contents of permit application ti
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A. The application for a parade permit shall provide the following information: o
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1. The name, address, and telephone number of the applicant, the
sponsoring organization, the parade chairperson, and an alternate
contact person. The Community Development Director and the Chief E
of Police may require a written authorization from an officer of the a
sponsoring organization. y
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2. A statement of the nature or purpose of the event. o
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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 U-
and the route proposed for the parade. d
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5. The type and estimated number of participants, vehicles, animals, and .2
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 E
shall be described. o
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6. The training and instructions to be given to parade participants, the
number and location of parade monitors to be employed or utilized,
IV-19.70-8 Rev.Jan.2013
Packet Pg.,608!;
ATTACHMENT F
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 the
parade Based on the information supplied the Community Development E
Director and the Chief of Police shall determine and have the power to specify m
a
as a condition of the permit the location of water and aid stations, policing _
requirements traffic routing_provision for sanitary facilities and other w
conditions reasonably necessary to ensure the safely of participants,
spectators and police and fire personnel to provide for the public health and d
safety and to ensure minimum interference with business of the public. C
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6. Conditions to permit As a condition to rg anting a parade permit, the Community
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Development Director and the Chief of Police may impose reasonable
1 of the parade, the area and manner of
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requirements concerning the time ands ace p ..
assembling and disbanding the parade the route and spacing of all units, the ti
maximum length of the parade the maximum and minimum speed the stops M
permitted accommodation of other traffic the number and type of vehicles, levels r
of sound amplification and other requirements found necessary for the protection o
of persons and property and for control of traffic. A
7. Issuance or denial of permit. In accordance with standards uniformly applied to
similar conditions the Community Development Director and the Chief of Police E
shall issue the permit conditioned upon the applicant's written agreement to comply a
with any terms of the permit unless the permit is denied on any of the following N
grounds: D
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A. An application received prior in time has been approved for the same time and a
place requested by the applicant or at a time and place so close as to cause E
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
orderly movement of traffic in contiguous areas or will disrupt the use of
streets at a time of usual traffic congestion.
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C. The concentration of persons, animals and vehicles for parade purposes
will prevent proper police, fire, or ambulance service to contiguous areas. E
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D. The parade is of a size or nature that requires a diversion of so great a number a
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.
IV-19.70-9 Rev.Jan.2013
Packet Pg. 609
ATTACHMENT F
E. The location of the parade will substantially interfere with
construction or maintenance work scheduled upon or along he e 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 °-
movement of other traffic.
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G. Information contained in the pplication or an�pplemental Q
information furnished is found to be intentionally false in any material detail cn
or the applicant fails to complete the application after having been
notified of additional information that is required. '
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H. The applicant fails or refuses to comply with any condition reasonably N
imposed on the rg_anting of the permit in order to ensure the safety of event ti
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 r
propertyprovided that nothing in this section authorizes the Chief of Police to 0
impose conditions which unreasonably interfere with the right of free speech. A
(Ord. MC-522, 5-20-86)
8. Alternative to denial: When the grounds for denial of an application can be E
corrected by altering the date time duration, route, or location of the event, the a
Community Development Director and the Chief of Police shall, instead of y
denying the application conditionally �!pprove the application upon the D
applicant's acceptance of conditions of permit issuance. The conditions imposed
shall provide only for such modifications of the applicant's proposal as are a
necessary to achieve compliance with Section 12.56.070. E
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9. Appeal
A. AU gpplicant 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 appeal to the Common Council in
accordance with the provisions of Chapter 2.64. �?
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B. If there is insufficient time for a timely appeal to be heard by the Common E
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 w
Manager,or his or her designee, shall hold a hearing no later than two business a
days after the filing of the appeal, and will render his or her decision no later
than one business day after hearing�ppeal. If the appeal is heard before
the City Manager, the City Manager's decision shall be final. The City Manager
IV-19.70-10 Rev.Jan.2013
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6.A.h
ATTACHMENT F
an conditions upon a roval which the Chief of Police could
may impose v � �
have imposed.
10 Contents of Permit In each permit the Community Development Director and the
Chief of Police shall prescribe: E
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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 a
of the parade;
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C. Conditions concerning accommodation of pedestrian or vehicular traffic,
spectators and the portion of streets to be traversed; o
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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 N
permit conditions to event participants;
F. Restrictions on the number and type of vehicles,animals,or structures in the E
parade and inspection of floats, structures, and decorated vehicles for fire a.
safe • N
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G. Compliance with animal protection ordinances and laws; o
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H. Requirements for sanitary facilities, clean-up and restoration of City property h
I. Restrictions on use of amplified sound; and �-
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J. Such other requirements as are found to be reasonably necessary for the
protection of persons and propertX
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11. Revocation of Permit. Any permit for a parade issued pursuant to this
E
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
emergency, it is determined that the safety of persons or prope!:!y requires such
I 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
IV-19.70-11 Rev.Jan.2013
Padket Pg: 611
6.A.h
ATTACHMENT F
Y 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 N
deposit shall be in the amount established by resolution adopted by the Mayor and
Common Council. (Ord. MC- 588, 4-22-87; Ord. MC-522, 5-20-86) 0 a.
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 ap_reement which shall provide that the permittee/sponsoring
organization shall defend the City against and indemnify and hold the City
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—or anization its
officers employees or
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agents, or any person who was under the permittee's/sponsoring organization's o
control insofar as permitted by law. Persons who merely join in a parade are not N
considered by that reason alone to be " under the control" of the permittee M
sponsoring organization. (Ord. MC-522, 5-20-86)
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14. Insurance. °-
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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 property damage arising from the parade. Such E
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insurance shall name on the policy or by endorsement as additional insureds a
the City of San Bernardino its officers, employees, and agents. Insurance
coverage must be maintained for the duration of the event.
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B. Coverage shall be a comprehensive general liability insurance polio m
minimum limits required shall be one million dollars for each occurrence of ~
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bodily injury and two hundred fifty thousand dollars for each occurrence of
property damage. r
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C. If food or non-alcoholic beverages are sold or served at the parade, the policy E
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 a
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. E
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D. A copy of the policy or a certificate of insurance along with all necessary Q
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
IV-19.70-12 Rev.Jan.2013
Packed;Rg:612"
6.A.h
ATTACHMENT F
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 TO
Amendment expression and that he or she has determined that the cost of a
obtaining insurance is so financially burdensome that it would N
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 o
insurance agent or other source of insurance coverage contacted to
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determine insurance premium rates for insurance coverage. (Ord. MC-
1027 9-09-98. Ord. MC-522, 5-20-80
15 Penalties Any person violating any provision of this Chapter is guilty of an c
infraction which upon conviction thereof, is punishable in accordance with the N
provisions of Section 1 12 010 of this Code. Criminal prosecution for a violation
d
• 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) E
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19.70.040 APPLICATION AND PERMIT ISSUANCE D
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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 c
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
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Appeals).
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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 r
Permit or Special Event Permit. Q
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A copy of the approved Temporary Use Permit or Special Event Permit, along with the E
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 a
for examination.
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IV-19.70-13 Rev.Jan.2013
et,Pg.613
6A.h
ATTACHMENT F
Submittal Requirements(all applications).
1. A completed application form and Notarized property owner's authorization shall be
provided.
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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.
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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
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, °
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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 630 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 a)
applicable outside agencies responsible for reviewing the application (i.e., Police, ti
Fire, County Health Department, etc.). Upon obtaining proof that all requirements
of all outside reviewing agencies are met, the Community Department shall review
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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 w
used are not required parking spaces, or that the parking spaces used in conjunction a
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with the special event will not be used during normal business hours. Additionally, d
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.
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19.70.050 FINDINGS
IV-19.70-14 Rev.Jan.2013
PackiI P4: 614
6Ah
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.
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4)
The Director may approve or conditionally approve a Temporary Use Permit or Special Event a
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Permit application only when all the findings contained in Section 19.36.050 (Conditional Use
Permits)are made. W
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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 o
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
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 2
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.
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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
0
parking spaces are not required parking spaces, or the business(es) providing the parking °-
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will be closed when the parking spaces are to be used in conjunction with the temporary or Q
special event; °
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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;
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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;
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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;
IV-19.70-15 Rev.Jan.2013
Paget Pg:615
6.A.h
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; co
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12. Submission of a site plan indicating any information required by this Chapter;
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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; N
and M
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
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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 E
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 D
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
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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: u
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 Q
or fraud; c
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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 a
4. That the use is in violation of any statute, ordinance, law, or regulation.
IV-19.70-16 Rev.Jan.2013
Packet Pg.616
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
Contact: Mark Persico, Director of Community Development
300 N. "D" Street E
W
San Bernardino, CA 92418 a
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REQUEST: A City initiated request to amend Titles 5, 12, and 19 of the San Bernardino Municipal 6
Code to make minor changes among Code sections, relating to permitting requirements for temporary
use and special event permits. cn
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CONSTRAINTS/OVERLAYS:
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N/A N
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ENVIRONMENTAL FINDINGS:
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® Exempt from CEQA v
❑ No Significant Effect a
❑ Mitigated Negative Declaration with Mitigation Monitoring/Reporting Program t-
❑ Environmental Impact Report with Mitigation Monitoring/Reporting Program Facts, Findings
and Statement of Overriding Considerations E
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STAFF RECOMMENDATION:
❑ Approval
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❑ Conditions
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❑ Denial
❑ Continuance to:
® Recommend to Mayor and Common Council
,Packet-Po.617
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;
• 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.
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BACKGROUND
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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. °.
December 16, 2014 — the Legislative Review Committee (LRC) reviewed the request for DCA M
14-20. t
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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
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. a
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. 618'
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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
a�
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 d
applicants and staff as various City departments informally takes the lead in processing various W
types of temporary/special permits. R
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FINDINGS OF FACT N
1. The proposed amendment is consistent with the General Plan. U
The proposed code amendment will create a comprehensive, streamlined, system for h
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 o
General Plan Policy 2.10.1: "Adoption of ordinances and standards for implementing 0
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, c
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 E
use and special event applications. Further, the proposed amendment would create a ca
structured process that would replace the current less structured approach to processing Q
temporary use/special event permitting, thus improving the public interest, convenience,
and welfare of the City.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA)
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.
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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.
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RECOMMENDATION 0
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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,
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Aron Liang, Senior Planner
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 Q
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
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6.A.i a
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March 18, 2015
Page 5
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6 A.i
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 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'
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Respectfully Submitted, U.)0
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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 Q
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Attachment A- Sections 5.04.505,5.04.507
Attachment B—Section 5.42 2
Attachment C—Section 5.82 Q
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.622'
ATTACHMENT A
5.04.505 Temporary display and sale of art artides
A, For eveFy person, firm or corperation engaged in the temporary display and sale
c)f art artides iR City parks er ether pUbliG plaGes, the fee shall be established by
B-, "Tornporar y" as used in this cordon meaRS s„rh displays and ales which are
limoted to weekends and legal holidays. "Art aFtiG!eS" aS used iR this SeGt;c)n meaps
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leather art Grafts and her items. Clothing or w----.-;Rg apparel ef any kind
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by the Gerti fiGat1e holder under this Ortirfe_Urd shall be the work nrnrl,ants of his n E
her Croft d
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5.04.507 Temporary exhibotoons—, shows or displays EnGlosed
mail or shopping cente
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made,temporary exhib*tmons, shows or displays in whiGh sales are orders takeRT
OF adMiSSiOR Gharged in the thereughfare or walkways of an enGlosed mail 9
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shenninry venter in oXvcss of quare feet the fee shall he octehlicheri �
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6.A.i
ATTACHMENT A
GhapteF
OUTDOOR ENTERTAINMENT
5.42.010 Circus, rodeO, Garnival, or other exhib
5.4 2.020 Filing of written appliGation
53$ Approval Of hGense by Chie
5--rte-4tea Annual Gitrus fair
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5.42.050 Appeal of derision of Chief of RmltC£ E
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5.42.010 CirGUS, rodeo, Garnival, or other exhibit'
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Every person firm or rern w
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booths, eRtertaiRmeRt rides, midway attraGt*GRS, and &Mar undertakings aFe GORdUGted, O
vnuUGting SUGh enterprises a itcrhieut a
GGmmeFGial operator, shall pay a fee establish.ed by rese-lutmen of the Mayor and COMM9R C7
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fee 0
0 shall be tendered at the time payment for the liGeRse is seught, eXGept N
that,anRUal li.GeRse has been A-h-t-ained, fees fOF SUGh operatiORS shall be paid by the
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eneretor prier to the opening of earnh event C.
MG 522 20_
5.42.020 Filing of written appliGation
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Any appliGant for a liGense YRder this seGtion shall first file a written app"Ga
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therefor setting ferfh the foll&.AA lg' Q
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A, i r-Qe8SGFRptkE)Tr—ef the place O= PFOPe ty, iRG'LjdiRg the name and ad`Jrecc �
Of wheFe c�inh business is to he GE)ndUG,nrlfa aRnua4I y
OVVTTGT P'V'1-1'a..1L-.7A J-rJ'-CV�I+
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besahieGt te_review by the Chief of Police—as tno enpp fopriate InnetieR
B, The name eni-I addresses of the ew ner or nnereters of the hi iciness
(Ord. Mf-Fvro v�vz
Packet Pg. 624
ATTACHMENT A
5.42.030 Approval of liGense by Chief of POliGe
The Chief of Poke shall Gonsider eaGh appliGation, and if satisfied as to the
moral araGter and -1a
integrity ��{. and that site proposed is
properly Zoned and suitable for sy
liGense applied for, under SUGh GORd;,',-;----- as he or she deems appropriate.
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the event OS GondUGted in violation of State law or muniGipal OrdinanGe, to
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of S lrh rlepartmentc The Chief of Dnline�ohrt it also t t require, prior to the granting-of
departMeRtS affeGted by the proposed aG and consider the reGornMeRdati w
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Permit,any su--h liGense or permission, payment be made of all fees
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cep+inn 5.42.010. n
lord MG 588 4..22-87- --1-IIAE 522, 5-20-86)
5.42.040 Annual Gitri is fair
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The regulatory provisions of this se--+,,;--.-,, but no+, +,.',.e revenue provisions I,-
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the auspiGes of the National Orange Show OR its show greURds. CL
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5.42.050 Appeal of dleGision of Chief of PO'iGe
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Any deri inn of the Chief of Doke may he appealed as set forth herein U
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!SSU--RGe, G-onditional issuanGe or de-Ri-al of -A permit, may appeal to the Gemm d
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Gn1 moil in r,nnnrrlapne with the prnVicinpc of Chapter 2.64. �
B-. if there is lRGUffiGient tome for a timely appeal to be heard by the Common Geu
prioF to the date on whiGh the event is SGheduled, the appliGaRt may, at his G
option, request an appeal before the Gity Administrator. The Gity AdnliRistrater, Of
his or her designee, shali hold a hearing RE) later than two bUS!Ress days afte
filing of the appeal, and will render his or her deGiSiGR no later than ene busine.
day after hearing the appeal. if the appeal is heard before the Gity U
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Administrator,
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rnnrtitinnc Henn approval which the Chief of Dnline nnl Id have impocerl
Packet Pg. 625
ATTACHMENT A
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Packet Pg. 626
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 >
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5.82.100 Right of appeal to Police Commission
5.82.110 Notice of appeal - Time limit CL
5.82.120 Notice of appeal - Contents T
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5.82.130 Action by the City Clerk 1�1
5.82.140 Consideration by the Police Commission
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5.82.150 Notification of the Police Commission's decision
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5.82.160 Suspension or Revocation of Operator's permit
U 5.82.170 Notice of hearing
5.82.180 Failure to appear at the hearing 0
5.82.190 Suspension - Designated
5.82.195 Revocation
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
5.82.230 Notice of appeal - Contents
5.82.240 Public hearing may be held
5.82.250 Schedule hearing
5.82.260 Permit- Abandonment
5.82.270 Permit-Transfer
5.82.280 Severability
Packet Pg. 627
ATTACHMEN
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
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Ili health, safety and welfare of the public. It is further found that such criminal activities have
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occurred and are likely to continue to occur on many business premises in the City. a
(Ord. MC-502, 3-06-86 )
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i 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 U
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. V
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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.
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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 4)
for any other person, or for any corporate entity, or as an officer of any company,
partnership or corporation, or otherwise. a
D. This Chapter shall apply to any person commencing, managing, or conducting any
of the following businesses:
1. Hotel;
2. Motel;
Packet Pg.628
ATTACHMENT C
3. Single room occupancy facility;
4 Drive-through dairy;
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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.
(Ord. MC-1305, 5-20-09; Ord. MC-809, 10-08-
91; Ord. MC-692, 12-19-89; Ord. MC-502, 3- .r
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06-86)
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ATTACHMENT D
Chapter 12.56
PARADES6
Seeti0n-s:
1 ti��56.01 0 Definition of parade
12r�56.020 Permit required
45B 4GInterferenne with parade
12.56.040 Permit apIpliGationprOGedure
-Y2. dtF permit N
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12.56.070 c
12.56.080 0 w
12 56 090 Appeal tC
1 5T 6 100 C.
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1 2.56.1 30 in i ffG Lien agreement �
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12.56.140 insuranG,- o
12.56.150.
Q Penalties �
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[Return to Municipal Code Contents]
[Rev. October, 2014] 12-50
Packet Pg. 630
6.A.i
ATTACHMENT D
12.56.010 Defonition of parade
any GombinatiOR thereof, oR any City street, sidewalk, alley or other pubk
right of way, whiGh iRterferes with the normal flew of pedestrian or vehi Gular traffiG or does
The definition of parade does not innll de the following;
A-. F Ineral nrnneos�nn�_ N
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8-. Parades of forty or fewer pedestriaRS MaFGhiRg along a route whiGh is FeStriGted a)
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tG-sidewalks and GFGSSmRg streets only at pedestrian Gresswalks or Street GerRers
R aGGGrdaRGe with traffiG regulations and GeRtrOIS, provided that pedestrians >
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paFtiGipatirIg in the parade shall Gross streets in units of fi#een or fewef-��
a-.Qd llo�17ow ye roles to pass between sl lnh 1lnitS. U
Parades, athletiG events other sneni`�ialr_�otnt� nGGurring eXG'Uciyel�i nn Git� Q
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r�repeFty for�,n�h�Gh another type of City permit is nhtoined °
F,vP�'T`7 .......... type .....� �......... .., _�..
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(Ord. per 522 5 70 96. Ord. 8 01 55) U
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1rr` 12-56.02 Permit required M
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It is UrIlawful for arly person to Q
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leiritten permit first .-. ng been sent Ired from the Chief of Polio L'
__. permit____ ___. CTI CY LTf��TTT JL Chief-� Poke.
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It is URIawful for aRy person to kRowingly join E)F partiGipate any parade Vie!
of any terms of the permit for the parade, jein or paFtidpate iR any permitted parade
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without the GeRSeRt of the parade SPE)RSE)F, --F 1- MaRner oRterfere with the progress E
or orderly GeRdUGt of the parade-.
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(Qrd nnr 522 5 20 86; Ord. nnr �F9 5 22 84 Ord 2069 Q n1 55) Q
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[Rev. October, 2014] 12-51
Packet Pg. 631
ATTACHMENT D
12.56.040 Permit appliGation prOGedure
A-. Any peFS9R desirdRg to GeRdUGt a parade shall file a verified appliGatieri for a per
at the OffiGe of the Chief of Poke not less than teR workiRg days nor more than
MORths before the date en whiGh the parade is proposed to be Gendu
B-. If aR nnnliGation as filed aaffter—tthre filing deadline, the Chief of Pelmr--° shall
mediately investigate to determine if he or she h,aS --Uff;.G-ient time to proGess t
and to obtain pGImGe serviGes for the event. The appliGaRt may demens,rate
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that the GimymstanGes giving rose to the parade did Ret reaSOR-ably allow the Q
rd that imposition of (-
paFti6pants to file for a permit the time 16mitatien would unreaseRably restriGt the right of free speeGh. if st
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rl emr.RstFa n is m rea_Scnnhle sotisfod+tion of the chief of Doke W
he or she shall issue a permit despite the IaGk of teR days' adVaRGe RGto--.
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(Ord. 11A!`_ 59 4_2)_R7• 0Fd. MG 522 5 `)n 86; Ord. nnr 460 C 15_85; Ord 2J069 S2o1 5) N
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12.56.050 Contents of permit apphGafiGn
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4-. The name, address, and telepheRe number of the ,
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Ghffief of Poke „ require written itherizntinn from on offiGer of the
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The date Mnd^I the estimated Startind7 aR d ending time of the parade. IC
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4. The leGatmen of the proposed parade assembly area, disbanding area, and the O
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route proposed fbr the parade.
-5-. The type and estimated number ef partiGipants, vehides, animals, and floats.
F-=-Ar--.h flo-at shall be deSGribed in terms ef 4s width, height, power seurGe, and
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any sound emnlifidiRg equipmeRt proposed for use shell he ddesr+rihedd
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and IGGatiOrl of parade monitors to be employed or utilized, arld aFFaRgements
for nodding whiGh will he monde
[Return to Municipal Code Contents]
[Rev. October, 2014] 12-52
Packet Pg.632
rnlr•r�111�r■ — --- -
ATTACHMENT D
B. Copies of the parade appkatien shall be fUFRmshed-by-the--C����
City AdMiRistrater, Fire Chief, any affeGted transit GGRIparly, and ether
departments or eRtities that will be affeGted by the parade. Based GR the
a nfermation supplied, the Chief Of PeliGe shall determine and have the power tG
SpeGify as a GenditiGR Of the permit the !OGatiem of water and and Stat1GRS, Peking
FequiremeRtS, traffiG routing, provision fer sanitary faGilitieS, and other Gondit;
anrlQ—fire porsQnnoT to provide for the nuhi � �� safety and to ensure
+ f. i+4. hl a inr c c of the Al Ihlin With tt
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12.56.060 Conditions to permit
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parade,As a GanditiOR tG granting a parade permit, the of Poke may impes-e
MaRne of assembling and disbanding the parade, the route and SpaGiRg Of all units, the
Fna;�6m,um length of the parade, the maximum and miRimum speed, the steps the area and (D
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permitted, N
aGGGMmedation ef ether traffiG, the number and type of veh;Gles, levels of seund
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parades, whiGh shall be submitted to the Mayer and GGMMGR COURG01 for their appreval.
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12.56.070 lssuanGe or- denial of permit
in aGGOrdaRGe with standards Yrliformly applied to similar Q.
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with any terMS ef the permit, unless the permit is denied On any of the fellowiRg
A-. An applicatiOR reGeived prier in time has been appreved for the same time a
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undue traffiG GORgGStieR er eXGeed the ability ef the City te provide peke and other
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servi nes for both events
B-. The time, reute, eF size of the event will substantially interrupt the safe and orderly
movement ef traffiG P--n tigueus areas er will disrupt the use of streets at a time
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of usual traffin nnnnestinn
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PnrreV qer nnli fare, nr nmhl Ilan SePAGe tG Gentigueus areas
[Return to Municipal Code Contents]
[Rev. October, 2014] 12-53
Packet Pg. 633
ATTACHMENT D
?at a numb
PEAGe offiGers to PeIiGo the line of maFGh and GGntiguous aFeas that 4 will prev
reasonable nelir+e nreteetinn to the remainder o,
F=. The l9Gat;--,-, of the par-ade will substantially interfere With GE)RstrUGtien E)
m-Rm.ntPPqnGe work SGheduled upon er along the Gity streets or Will iRterfere v.,;+k
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movement of ether+raffia
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G. Inform +inn nent�ed ;R the annliration n_ _orar;-y._sunnlemental
fumished URd to be inteRtiGRally false in any material detail or the appliGan >
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fails to GOMplete the appliGatien after having beeR notIfied of addition tC
infoorm,atmn that is required.
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on the granting of the PeFM't OR order to enswe the safety of eveRt paFtidpa
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property,p'Void the Nke!21,e-ed of h--.-- to publiG or private provided tha
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12.56.080 Alternatove to denia4
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tame, ura r rte or loG �t tien of the event the of Doline shall, instea of den E
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the appliGation, GOnditmeRally approve the appliGatiOR upon the U
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A-f G-A—AditiGRS of permit lssuaRGe. The GORdmt*GRS imposed shall provide only for SuGh
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medifiGatioRs of the C as are ReGeSSaFy to aGhieve U
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SeGtion . t
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[Rev. October, 20141 12-54
Packet Pg. 634
ATTACHMENT D
12.56.090 Appeal
A
ISSSUaane GGRditionnl iss,,anne or denial of
Ge,,neil in a Gr.d.-,RGe ,.,i+h the nrnvisinns of Chapter 2.64.
B, if there time for a t4mely appeal te- be heard by the Gernmen GOURG4
prior to the date OR whiGh the event is sGheduled, the appliGant may, at his Or
Gpt*GR, request an appeal before the Gity Administrater. The City AdFniR;StFatGF, Of
his or her designee, shall hold a hearing ne later than two bUSiRess days-,--Ae-r�
filing of the appeal, and will render his or her deGmSiOn no later than one business 0
day after hearing the appeal. if the appeal is heard before the City d
the City Administrator's deGisien shall be final. The Gity Administrator I
(0-rd. MG 522j 5 20 9611
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12.56.100 Contents of permit I?
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in__eaehpermit, Chief hief nT. f POIRGeshall nroonriha. Q
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tt she retr time, m„te Or Innetinn� ~
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B, GeRditinn nnnnernine time and Ge of assembly, start, finish and Q
disbanding of the parada--,
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and the nnrtion of streets to he traversed; _
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I7ern,iremerlts for first aid or sanitary fonilities- y
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E—. Requirements fer use Of event MeRiters and previsieR of n9tiGe Of Per
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nonditions to event nertininents•, >_
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F, RestriGtOORS On the number and type Of VehhGles, aRIMalS, OF StFUGtUres in the par Q
G-. GeMpl;aRGe with animal proteGtiGR erdmRanGes and laws;
Requirements for sanitary faGikties, Glean up and resteratlen Of City ,
,
[Return to Municipal Code Contents]
[Rev. October, 2014] 12-55
Packet Pg.635
ATTACHMENT D
mi 1 Roc+rir+inn7�_no���e nf�-craiiiPiifev snr r�c�rg__ahu
T--r�c.,..rLrrccroi
j. SUGh other requirements as are found to be reasonably ReGessary for the proteGtion
of persons and Property.
I
rd. MG 52=,, .. �., "--1
12.56.110 ReVOGation of perrPA
Any permit for a parade issued pursuant to this Chapter may be summar4y N
revoked by the City AdministFater or Mayor and Common GeUnGil at any time or by the E
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Ghief of Doke on the date of parade when by reason of a present eGtive L
vr-rr�--v r--r-v Poke vr-T- � a•
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disaster, + nr rhlin Galamit r or other emerge.---.,, .t srinfar +rd at the safety yr �
persons or property requires suGh reveGatiGR. When any permit is revoked pursuant to W
the provisions of this Chapter, the permit shall be reinstated as seen as the GenditioRs,
is
nns+i+r r+inn the emernenn�r have abated d
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12.56.120 Deposit BarriGade-s The sponsor of an event desiring use of barriGades shall be R
required
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deposit-pr for to_the iissanGe of Parade permit. The deposit shall be in the amount
established by resol4en adopted by the Mayor and Gernmen GOURG01. O
❑.
12.56.130 indernnifiGation agreement
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Prkor to the issuanGe of a parade C
permit, U
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that the permittee/s,'-,.--.—,, -FgaRization shall defend the Gity against, and indeMRify
and hold the Gity harmless from, any liability to any persons resulting from any damage Q
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or injilry OGGLJFF'Rg in GenneGteR with the permitted event proximately Gaused by t
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the aGtPGRS of the permittee/sponsermg t6
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organization, its OffiGers, employees or agents, r.+
or any PeFSeR Whe Was under the r r Q
as permitted by law. PeFSeRS whe merely join in a parade are not GeRsideFed by t
reason alone to be n rr �n under the
(Orrdrer—rMG 522, 5°20 86-)
[Return to Municipal Code Contents]
[Rev. October, 2014] 12-56
Packet Pg. 636
1 ATTACHMENT D
7 �.0 7An Iv�e��r�r�no
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to proteGt against the less from liability imposed by law llor damages on aGGOURt ef
bodily iRjury and property damage aFiSmRg fFern the parade. SUGh insuraRGe shall name
e empleyees, and agents. !RSuranGeGOverage must be rnaffintained for the
d�iration of the event
Coverage shall be aGOMprehensove general liability ffinsuranGe policy. The
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I'm4s required shall be one million dellars fer e-aGh GGGLArrenGe of bedily injury and L
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twe hundred fifty thousand dollars fer eaGh eGGurreRGe Gf property damaW.
if feed or nen alGehekbeverages are sold or served at the parade, the poky a
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also include an endersement for pr--d,-,--t-- li-ability in an amount of not less, thaR five
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hundred thousand dollars. If a'Geh(-)!'G beverages are seld er served at the parade-, ''0^.
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loss than five hUndred thousand dollars N
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mul,st be filed vVith the Dirp-r--.tA-.r A-f Re-S-Aumes not less than five days before
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the date of the parade unless'said-n-r'rc°,-ccovi fer geedGause nn deadline M
The parade permit shall Ret be issued by the (-::hmp-.f A-f PAGII!Ge UR401 after the in.SUFaRGe
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peliGy or GeFtifmGate of insuranGe a-long with neG ssaFy endorsements have been O_
filed by the appliGant/SpOrlser and approved by said DireG
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Ghlefef Peke far parade H
._f+h fnll��i n,-enclifiens are satisfied: 43
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statement that he or she bel'eves the t
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parade's is First AmeRdMeRt
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expFessien,and that he or she has determined that the(3E)st of obtaining insuranGe
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on the right of First Amendment eXpFeSSiOR, er that it has been impossible to
ebtaffin InsuFanGeGGverage. The statement shall inGlude the name and address
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determine insi iranne premium rate for insi iranne nnverane
(QFd. MQ-1027, 9 00 98; Ord. MG 522, 5 20
[Return to Municipal Code Contents]
[Rev. October, 2014] 12-57
Packet Pg. 637
6.A.i
ATTACHMENT D
a9
Penalties
of SeEtk) this n
1.�I� 2�0�this Code. � rimiRai nreceGu er-- � 1"�}Q tiarrv-n of this Ghap e
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fr.B�}-any avty-ntp regulated by this Chapter.
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rrlr MG 522,-5--20--
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[Return to Municipal Code Contents]
[Rev. October, 2014] 12-58
Packet Pg. 638
6.A.i
ATTACHMENT E
Chapter
MOTION PICTURE AND TELEVISION PRODUCTION PERMITS
Ceotions•
12.64.010, Purpose
12.64.015 Definitions
1�2.6_�_L_o4_020 permit ron�eiTZQ,
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126T -64.030 Exnmra,_r Ption-&
12.64.040 AppliGatkw f$r-m
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12.64.0.6 Granting _ Denial �
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1'2r264_070 Fees �
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112TL 64_v_7o. Reimbursement for Personnel I j
12.64.080 I lability Provisions
1°2�= 64.090 iliola#i9F?S L
122 Designated offiner
-r-�:6-r v -:-100 i t
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12.64.010 Pur-po&e
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it is the policy of the City of San BerRaFdiRO W permit the motion piGt6lre and telev slion O
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nrFToQd.actiGn inri y utilize the variety of h Gkdrnns afforded with iTr (1itaf of Cori
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with the publiG health and safety er URreasonably endaRgeF aRy pFeperty. it is the purpose
ef d
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� this Chapter to a
metien piGture, television er still photography on loGatiOR within the Gity in order te eRsure
restroGted so long as their aGtivities OR this regard aFe ROt inGensisteRt with GeRsiderations-
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of the n,,hlir health -and safety ranrl the nrotention of nronerty.
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6.A.i
ATTACHMENT E
17 64 015 nefini+iens
X "Motion photography"
programs, a-Rd GemmerGialS, OR film or video tape, or by any available teehno-le-gly
B, "Charitable films" shall moon oommernials n ,,
, mtinn Pintres, television, eo onne vid tapes,
Sec-tien 50!(G)(3) of the !Rternal Revenue Code as a Gharitable organization.
person, dpreGtly er reGeive a profit from the marketing arld prodUGtieR
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nf��she film nr from chewing the films topes nr PhntnnroPhc
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G, "News Media"shall mean the filming or video taping for the purpose o fcpnntoneeus a
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„Pplannnrl telnvisinP new breardnast by reporters photographers or nameramen,. y
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17 an 020 Permit Required �
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A, , f@Gility or R
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the purpose taking Gomm rnial mntinn Pi rns or t ision p,ot„res or [�
r,-�._, s;,�9—�-��e,�—n,. o,-,-mac-to,-�—y,—�eke�<<�t�,-t—p�.-tom,-��
GOMMeFGial stHl photography without first applying for and reGeiving a perm4
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the City Manager. ti
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NoNo permit shall issue before s„� time applicant has nnmpleted a preper O
�,-r�cnvr�.�.ru��--crrrn. ���-crp prrca r rs-rrcr�-cv-rrrprcr�.-v-a-Proper CL
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autheF"zed te issue a filming and/eF still photegraphy permit to aRy appliGant fulfillipg
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the requirements of this Chapter. r
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ATTACHMENT E
12.64.030 Exemptions
The provisions of this Chapter shall not apply tG:
A, The filming or video taping of motion PmGtUres or still photography, w. ether by a
private individual Or a GOMrnerGial photographer, solely for private or family ;
B, The filming motion P!Gt„re�s orrstill photography for use in � nriG minni
investigation or civil i„r•lininl err'n(JMinictroti�ro pr�nYn�n�`edinrrc•
rrr v� � ,
G-. News Media- Filming televisong, taping or st;il photegFaphy b reporters
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newspaper,photographers or Ga.m.eramen in the employ-of a rvi r+o� o E
similar entity engaged in OR the spet bFeadGaStiRg of news events GenGeFRmng the
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persons, snonos or onn„rrennes Which are in the news and of general p,,hlin ipte rest• �
t7�r-r�, svv-rn
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established or fixed plane of h„cinecc in the Gifir• C
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EL. Ghar4able films: No permit fee shall be required f9F PrOjeGtS WhiGh qualify u
SeGtOOR 501(c)(3) of the Intemal Revenue Code; provided, however, that a permit
�equ red by this GhapteF shall be required
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12.64.040 AppliGation Form h
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The City AdministFater shall furnish an appliGatiOR fGF SUGh permit. SUGh appliGati
shall iRG'Ude the following 'Rformation:
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A, C„II name of applicant•
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R,iciness name of opplinant• Q
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G, Business address of applicant; E
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D, R„sisTCV_telephone p„mher of applicant• Q
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Cpenifin Innation(s) at A,hinh the activity is to he nond„nted-
,
Date(s) and time(s) s„nh activity Will transpire;
, .
t� e its agents GF
employees will park on City streets or parking lots d„ring fiirp,
Packet Pg. 641
6.A.i
ATTACHMENT E
H Name, address and t[elephen{1—number of person i —ch"rrvtar'ge on lOGatie t
of such ontiiiifii-
,
�.,-a number of personnel �e__� �•
j Use of any animals nr o
nvretonhninr•, nr4,
K 4 general statement of the Gharantor nr nature of the nrenocor•1 filminrr ontiVity.
E
12.64.050 Time for Filing Application (D
AR appliGation shall be presented to the G;I,, A
.1y AdmiRistrater at least two (2) weFkiRg >
days iR adVaRGe feF approval and iSSUaRGe unless extended as follows: >v
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stunts Or menial offont&
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12.64.060 Granting Denial
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The City AdmiRistmtor shall approve the appliGatien and issue a peFm;t for s,
with the use and enjoyment ef the preperty by the publiG, result in damage er iRjur-y to
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by the ewners 9r OGGUpants s
• approved, V
shall attaGh SUGh Genditiens to the peFmit as he or she fiRds are neGessary to assure that
the aGtiVity Will ROt URreasonably interfere with the use and enjeyment of neighboring
publiG and private property. a
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12.64.0. 0 Fees
Fees for the issuaRGe of permits required by this Chapter shall be set by Feselyti
Packet Pg. 642
6.A.i
ATTACHMENT E
1 2.64 075 Peirnbursement for Personnel
The appl;,G-ant shall r6mburse the City for any personnel provided e.,pcmne�.�
traff;G r+ontrol) for the purpose of assisting the prE)d intien
((Drd. MG-746, '49-17-99)
12.64.080 Uability Provisions
A-. Liability lRSUFaRGe. No permit may be issued unless the applicant firs" provides
nrra-rmrre lttl"' City a as an addition a I insured, a n rl s indemnify and n rntte Gt t 4e G�,
41
its 9ff'Gers,-empleyees and representatives from liability for uses as provided for a
in the permit with limits of not less than One Million Dollars a-�
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($1,000,000) �
injuries, 1RGludmng aGcidental death, on of any one eGcurrenGe, and W
ount of not less than One MmIlion Dollars �
($1,000,000) age OR U
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or FFIGdifmGatiGR until thirty (30) days after written RGtmGe to the City. A Gepy of the
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eertiffGaiteshall remain on file in the Git �L,,_dm,inisstrator'ro�._s_OffiGe_ N
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8-. Workers' Compensation InsuranGe. An appliGaRt shall Gonform to an appliGa
C1
Federal-�_�z.l_and_State req iirnmentT ' mpans-ati�nR rinssi irranGGeforall N
persons operating under o permit ti
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G-. Held Harmless Agreement. An appliGant shall exeGute a hold harmless agreemen L
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es provided by the City prior to the issi onne of a permit i�nr•l er this Chapter. (D t
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9, Fadthful PerfoFrnanGe Bond. To ensure GleaRLAP and re-SteratieR of the site, a-R-
appliGant may be requiFed to pest a refundable faithful performaRGe bond in
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eunt to be determined at the time the appliGatien is submitted. Upon Gempletion
of the filming aGtivdty and inspeGtion of 11,he site by the s
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City, Y
to appliGant_ a
E-. VVa'ver or MedikatmOR. The provisions of this seGtmeR May be waived or medif E
by the Gity Administrator if he A-F She finds that the preposed aGtiVhty
mwnimal or RE) Fisk to persons or Property Se as to Warrant ;-4 �.A.4-4iwpr Air redUGti9R IR
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ins uronne requirements.
Packet Pg. 643
ATTACHMENT E
17 64 non Vielatiens
A, if a person violates any provision of this Chapter or a permit issued purSuaRt the Qty AdMiRiStrator may forthwith suspend er revoke ",he permit.
B, ARY Person Violating any PrOViSiOR Of thus Chapter is guilty of an 'RfFaGtien, whiGh
UPGR GOnViGtmen thereof, is puRishable in aGGGrdaRGe with the p. As—'s of Section
,
1.12.010, S ihseGtien R of this Code
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12.64.100 Designated OffiGe-r (D
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The Gity Administrator is designated as th��_�o_nofff1 officer to_io_proGeJs eaGhapplioTT���non U
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under the provisions of this Chapter. The Gity Admini or, or his or her designee,
fn
shall GOOrdinate any matters investigation or determination affeGt;ng the I
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granting of a N
permit, e permit, �
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OffiGers and serviGes to provide suGh assistanGe in the filming as is reasonable
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Chapter,Under the GmrGumstanGes. To effeGtuate the purposes of this AdMiRistrator shall have autherity to waive any time limits otheRvise appHGable the City
N
under the San Bernardino MUn;Gqpal Cede, to approve temporary ti
street it cc l h-
and to issue such other temporary permits as the Mayor and Common GeunGil
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Gould do if time were available for submission Of SUGh matters to the Mayor and
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6.A.i
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
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
12.80.090 Right of appeal of denial of permit or conditions cn
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 ti
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12.80.140 Violation - Penalty
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12.80.010 Short title
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The ordinance codified in this Chapter shall be known as the "parks
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and recreation ordinance."
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(Ord. 3326, 1-03-73) E
12.80.020 Definitions Q
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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:
a
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. 645
6.A.i
ATTACHMENT F
C. "Director" refers to the Director of the Department of Parks and Recreation.
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6 AJ
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
to be worn by the skater.
(Ord. MC-1185, 10-05-04; Ord. 3326, 1-03-73) W
12.80.030 Use of parks and buildings exclusive cn
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The City's public parks and buildings, or portions thereof, may be made available
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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 C
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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
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.
(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.647
6.A.i
ATTACHMENT F
12.80.055 Consumption of AlGolhol in a PUbliG Park - Permit required
beverages may be authorized by written permit fro-M. the City Manager or his
Gogventions. SUGh permit shall be requested in WriStiRg. The permit, if shall be SUbjeGt to GORditiGRS set forth therein and to all rules, regulatieRs
modified er summarily revoked at any tome by the Mayor, GeMMOR GOURGil, Gity
,
Manager or (chief of Doline ,,
withot prior nntine or hearing
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person, ' ' organization applyiRg for a permit (D
Q.society or
under this sentinn shall filele aaR applinatinn for same ,e,ith the Direntor pursuant ar
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to the nrnnerd„res set forth in CeGtinn 12.80.060, anrd shall in addition, Glear y d
Set forth in the apnatinn at a minima,m W
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(4) the inteRt to Offer, give or furnish alcoholiG beverages during the eve-RI.
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ldesnriberd in the applinatien for permit
acau-,���cc'�'-,Zrrc. , O
(2-) the qUaRtity of alGoh9l proposed to be N
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distributed,
(3) the manner for Gentrol of the distribYtiOR�tGohlol at the event, and N
(4) SUGh additional infoFmatiGR as may be required by the G.ty Manager ti
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his ecign_ie` O
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2-m Separate and apart, aRy permit issued hereunder shall be subjeGt tG SUGh
pr()cess!Rg and regulatieR as required by the California DepaFtmeRt Of
AIrohnlin Beverage ('antral
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�Acl�'Y use—permitted hereunder shall be limited to th—F.eRS{M'tiGR Of
beer ana nrine d
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6.A.i
ATTACHMENT F
12.130.060 AppliGation for permit
te SeGtions 12.80.030, 12.90.040 and 12.80.050 shall file an appliGatiOn fE)F SUGh-PeM*
with the D4reGter, net less thaR ten days, nor mere thaR RiRety days, prier to the lampesed
ten day period. The appliGatien shall GeRtaiR the feliewing mRfGrmati
A, The name of the ergan'ZatiOR; the RaMe, business -a d d re s_s
and Itelephone number nf the Gant, who shall be held respensible fo
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the proposed actiVity•
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t, The park building, or portion thereof, applied for•
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GThe starting acrd finishing time of the prnpnced aGL1 it
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D, The number of peeple expected to attend; to
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tables acrd nheirc U
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C The nature of the proposerd entiVity o7 e� 1iec.�J_4pAz-:.W 7in���_equip�ment eprl yehinlnc to N
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he brought into the park, r!the nature an duration of the „se of such eg„ipment aR d
the nature and duration of the use of any amplifier)�varrcr sound• i
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G` Estimator) number of narking spaces required; ()
4.
H-. R the eveRt the preposed aGfiVity is a Department of PaFks @Rd ReGreatieR saRGtiGR C
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for the classes or courses of instruction
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4-. G,ch other ipformatien as shall he reg„irerd by the Director •.
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6.A.i
ATTACHMENT F
1 7 Q!1 070 Issuanne of permi♦F
A, The DiFeGter shall gFaRt or deRy SUGh appliGatiGR WithiR five working days after
Ots subm;ssien unless the torne for SUGh gFaRtmRg or denial of the permit has be
waived by the appliGaRt in writiRg. The dedsiori granting or deRyiRg the app!iGatd
shall he mailed to the applicant
I Ipon the granting of any permit, , 1 the 1re GtOr o
mare impose reacnable requirements
and GE)RditmoRs GonGeM!Rg the use of he park or building, as ReGessary, to insure
that the proposed aGtivity and use will not unreasonably interfere with or detr
from the nromnt 'gf-pUbl!G'ppa�ealth safety and renreation
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V. A permit issued for the use of a Y
building, 1 shall contain the Glosing
time. Glesing times for eaGh building shall be set by the Dower--ter and shall >
unef #3+-appl+ed w
IX Upon the iSSUaRGe of a permit for use of a building, the Dirp-.r--.tA-.r on
the permit the occ,,panGy load of the building O,
E, Upon the adviGe of the Chief of Poke, the D"reGtGF may impose a ement
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program,tome and plaGe prier te the proposed aGtmv2ty, whiGh time and plaGe shall be set
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by the GNef Of POI*Ge or has designee. The appliGaRt shall, WithiR the time 10
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nGluding their names, addresses and telepheRe numbers. The appliGant , U
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his option, provide poliGe reserve personnel er duly liGensed private patrolme
nstead Of Grewd GGRtFGI moniters, OR the numbers approved by the Chief of PO!iG&7
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, or duly ImGens U
private patrolmen, �n no orientation session ! he n,fired
F-. The DireGtGF may grant the use of a permit for a differeRt park than the one-apptied
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for, ' U
issued for the requested park, or wheR suGh requested park does RE)t meet the
ne ds of appliGaRt Or is otherwise deemed unsuitable for the purpose of the
proposed actMty.
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Packet Pg. 650
6.A.i
ATTACHMENT F
Glasses,G. in the event the permitapplied for is feF the purposes of held'ng eFGondUGtiRg of Parks and ReGreatien, upen or in a park, building er other publiG property, the
Sh-all only GeRsider the appliGatiens for a permit if he finds and determin
that the City Department of Parks and ReGreation is- ng —
the Glasses or courses of inStRJGtion eF aGtivity and that the program of Glas
or courses of inStFUGtiOR er aGtivity Will Gempliment and GGOFdinate with programs
established and approved by the Department of Parks and ReGreation. in the
orient it is so deter—ineld then it shall be a ran,,irement that the only Gam HensatioH
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allowed-
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GGUrSeS of OnStFUGtion Or aGtiVity, and the DiFeGtor shall establish appropriate fees to
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be Gharged as a GORditie-R to the issuance of the L
permit. in establishing the fees, d
Dire Gtnr shall GnHsirder the fees nhargerd far nmmparahle City Depart nt me n�.L of Daa.F Ls �
ReGreation sponsored programs and the RatLAFe, length and type Of Glasses 9
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d. 3525, DA -7}
12.80.080 Den*a! of permi
A, The DireGter may deny the appliGatieR he finds that any of th Howing
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cen ditinns evict: N
4-. That the appliGatiGR Feveals that the Qty has no park or building whiGh will
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nnnmmnate the antivifii of aHHlir�ant• O
2-d That the Chief of Poke has deteFmined that off duty PGliGe effiGers OF Poke
reserve OffiGers must be speGifiGally Galled to duty, beGause the proposed
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the City �niill he without adequate Hoke HrotentinH• fS3
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-Ti-rhat the appliGa t refuses te agree, in writinrcrng - to Enmr,ly with all y
nnHlditir�ns in the Hermit• "��T}��f�' E
4-. That the app'!GaRt failed to file an appliGatieR within the appropriate time U
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limits;-5-. That the park, faGility or building is not available due to prior
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reseFyatinH thereof•
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Packet Pg. 651
ATTACHMENT F
6. That t U e appliGant or arniza'tton as violated SeGtiTVn 1 2.80 1`2n
withi lhe pas'.twe years whether or net the vielati(DR resulted in a prosec;uti-
7. That the appliGaRt or organizatien has faded to pay the City for past damag
the City, whiGh darnages resulted from oF arose out ef the aGtmVity Of nr nnn�iistinp•
,
,
, s nritinn f When a hazarrn threatens 4ha_pa.7r+Rri s, speGtate ffr
faGility, equipment or , N
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9. if permit applied for is f9�hv n„rnn nc of holding masses OF nni,rcoc of U
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prier permits issued p,,rs„ant to thL n��
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B. The DireGtOF shall speGify iR writing the gFeunds for the denial of the permit.
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(Ord 3525, Q_10 75; Ord 3326 1_(12_73)
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12.80.090 Right of appeal of denial of permit or-Gonditions
mposed an issuance of permA
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iss,,apse of a permit by the rlireG+nr, +n the (`i+v /\i-Iministratnr
B-. The appliGaRt must file the appeal vVith thp Gify Administrate-F WwtNp five days ef
the >r
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, deGiSien. The City w
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w4hin three days of the filing of the appeal, at the effiGe of the Gity Administrate-F, E
at whiGh time the appliGant may preseRt any and all U
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mfnrmatinn relevant to the applinatinn a
hours ef the appeal hearing, Issue his deGisien, either affirming the denial ef
permit as applied for, subjeGt to reasonable terms and GE)RditiORS. WheR the
Packet Pg. 652
6.A.i
ATTACHMENT F
appeal is taken on the GOnclitions irnpGsed by the DireGtor of Parks and ReGrea#�,
the City Administrator shall within tw —Y 1— of the hearing, issue his.
icc,,e the permit with amended nonrlitionc
D. The deGiSiGR of the City Administrator shall be final and binding; previded, that
the Mayer and Gernmen Gound resewes the power to everrule or modify suGl�f
rlenicien and to issue or deny the permit
(Ord. 326,-03-7-3)
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12.80.4 00 Fees and deposits (D
A, Upon granting of a perMit under Ns Chapter, any fees or deposits required fer >
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the use ef City personnel, parks, buildings, equipment, and faGiRies shall be paid
the aGtiVity us te be held. if the fees er deposits are net paid on er by the thiFd day U
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before the aGtivity us to be held, the peFm;t theretofore issued shall be Rull and Void,
previded, that the DireGter upon shewing ef good Gause may permit payment at a-ny
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time prier to the prepeserl ,, e
the use of the publiG parks and buildings and for the rental or use of equiprnent�
faGilities and personnel. Copies of the fee sGhedule shall be made available to the
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C,` Waivers and Exemptions. n
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a. Parks, ReGFeatFeR—and--Gernm'uni� eFViGe-sJ--ceatt'i-i-ent Department
a GtMties
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Parks,ReGreation and G9rnFR'rU•Rity Services Department nespeRsere U
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E The MayeF or his designee may exempt ROR prefit asseGiations and
GerpeFatinn? eFga nize` 'r i r petrintin -nri iG betterment Of 4 to pay a fee for the use ef park and FeGFeatl()R buildings and
Packet Pg. 653
6 A.i
ATTACHMENT F
ardizing the aGtffiVmty or event planned for suGh use and that the
;;r-. viby ore woll be of unusual benefit te the residents of the Gity and
(1) The word 'loGal' as used herein is defined to Fnean an organization
whose membership is nomori ed of fifty one nerGent (59%) of `•t
residents.
serviGes or provide labor b -nefic-el to the City er its reside
2-. The folio shall pay redUGed fees in the amount as speGified:
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to/F1o \ of the established rates.
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&e-FvRg the Gity of San Bom-ArdiRo are these-Orgarlizatiens whose
prindpal purpose is to provide a seFVI'G8 or program to PaFtiGipantsT
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geRer@l under the age of 18, of who a' 51. perGeRt (51% reside in M
the Gity of San �-
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for use of outdoor athletic fanilitiec O CL
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D. Refundable damage bonds and Glean up deposits. RefURdable darnage bGRds
ra D sers and other events whiGh warraRt SUGh bonds and deposits based OR SpeGifiG-
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n-umbers of people and uses of faGilities and ' U
E. Refundable deposits. RefuRdable deposits held pLArsuaRt to this GrdiRaRGe may
be FefURded OR fUll or in part within fourteen (14) days after GeMpletiOR of the u
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per ed. Ne refURd shall be made URtil USiRg party or groups has SeGUFed a Sign
iRSpeGtieR and release form from the appropriate facility U
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DepaFtMeRt. DedUGtiGnS for any damage to the faGility or for Glean Up and rep
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shall crrr-beeTmade from the said deposit by Gity.
F. UtolizatiOR of Gity Employees. During any event when a City employee or employees
are required to be preseRt for the PLJFPeSeS of Glean LIP, MGRitGFiRg, •f
he paid eq iiyalent to the total noct of said employees.
Packet Pg. 654
6.A.i
ATTACHMENT F
building,12.80.110 Liability
All persons to whern an eXGlUSiVe use pe-mit h;;q heen granted must agree in writing
to held the Gity harmless and indemnify the Gity frGm any and all liability for injury to
persons or property --wrinn as a result of the aGtiVity Sponsored by the permittee. The
persons shall be liable to the City for any and all damage to any park, faGility,
nermittee or is --a-used by any nort"Ginont in the aGtiV4ty
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12 80 120 Displays and sales E
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It is Unlawful for any person to sell or offer for sale any meFGhandise, -AFfir-It- Ar thi-
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grounds, roadways, avenues, park faGilitieS, MURG-i-pal parks and playgFOURd areas, or
portions thereof, under the supep�isien of the Parks, ReGreatiGR and Community ServiGes.
, inGlYdiRg all
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Department, unless SUGh person pessesses a written doGumeRt from the DiFeGtGr of
Parks, ReGreatiGR andGernmunity SeFViGeS GensentiRg teSUGh sale or offer for sale. N
(01rd. MG-52-8-5-2 -T3)
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12.80.130 Park regulations M
Within the limits of any public park or playground in or upon any facility or building a
located therein and owned or controlled by the City, it is unlawful for any person to:
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a.
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: E
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. is
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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. 655
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,
Q structure, apparatus, equipment or property except a duly authorized City employee N
in the performance of his duty;
0
L. Light or maintain any fire unless such fire is lighted and maintained only in a stove C
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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
or portions thereof; Q
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O. Frighten, chase, set snare for, catch, injure or destroy any wild quadrupeds or s
birds; or destroy, remove or disturb any of the young or eggs of same, or to injure
or maltreat any domestic or other animals; e
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.656
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
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
(14) years without being supervised by an adult; w'
3. use any other equipment other than skateboards or inline skates at this facility;
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4. skateboard or inline skate during rain or wet conditions at this facility; and/or, N
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5. if not an adult supervising someone under the age of fourteen (14) years, o
Q 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) m
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12.80.140 Violation - Penalty '
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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
accordance with the provisions of Section 1.12.010 of this Code. Q
(Ord. MC-460, 5-15-85; Ord. 3326, 1-03-73)
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[Return to Municipal Code Contents]
[Rev. October, 20141 12-81
Packet,Pg. 657'
ATTACHMENT F
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[Return to Municipal Code Contents]
[Rev. October, 2014] 12_82
Packet Pg. 658' .
6.A.i
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 E
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 W
19.70.040 Application and Permit Issuance.................................................. IV-19.70-6
19.70.050 Findings................................................................................ IV-19.70-8 a
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
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19.70.010 PURPOSE N
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:
E
1. Real estate offices and model homes within approved development projects;
a
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; `t
4. Pufflpkiii and Glifistmas tfee sale lots;
5. Fireworks stands;
6. Emergency public health and safety needs;
IV-19.70-1 Rev. Jan.
2013
Packet Pq.,659
ATTACHMENT G
ales and car shows held at San Manuel
7. Temporary vehicle Park;
s ,
9. F„ra ashes;
,
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);
N
12. Group assemblies not subject to Section 19.70.025; and E
as
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13. Similar temporary uses which, in the opinion of the Director are compatible with the land m
use district and surrounding land uses, pursuant to Section 19.02.070 (3) (Similar Uses W
Permitted).
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19.70.025 PERMITTED USES— SPECIAL EVENT PERMITS C0
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The following temporary uses may be permitted, subject to the issuance of a Special Event Permit:
U
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-making activities, parades, marches, street closures, o
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rights-of-wad s, ,; eemplianee with rt rto. c n� ��io Nr,,; ;ral rao.
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3. Fairs, festivals and concerts, when not held within premises designed to accommodate such
events, such as auditoriums, stadiums,or other public assembly facilities;
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4. Pumpkin and Christmas tree sale lots;
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5. Fund-raising car washes; a
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6. Produce stands in community arg dens; E
7. Food truck events (more than three trucks). a
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. 660
D
ATTACHMENT G
sales, provided the sales do not occur more than 12 times per ear, for no
1. Garage and yard sa , p p y ,
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 N
preparation as part of a carnival or company employee appreciation event). N
4
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).
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4. Car washes not sponsored by an educational, fraternal, religious, or service organizations d
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.
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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).
c
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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. 661
ATTACHMENT G
subdivision. Off-site sales of parcels from any temporary office shall re q uire 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, n
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 i
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).
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4. Duration. The temporary real estate sales office and temporary model home °.
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Q complex may be maintained until all of the on-site parcels in the subdivisions have
been sold and the escrow closed. M
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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 v
upon completion of the construction project. °-
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C. Temporary Residence — Shall be limited to the property owner and only when a valid
residential building permit is in force. s
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D. Pumpkin and Christmas Tree Sale Lots �(
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. 662
ATTACHMENT G
— with Temporary Use Permit when in compliance with
E. Fireworks Stands Allowed w t a p ry p
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 y
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, a
or to bereaved families.
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2. Fund-raising car washes shall occur no more than 12 days per calendar year per
property. a
3. Fund-raising car washes shall occur on the property controlled by the sponsoring N
entity, or on sites approved and developed as a commercial car wash. r
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4. Fund-Raising car washes shall be conducted in compliance with applicable °.
stormwater regulations to minimize potential water quality impacts. ti
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H. Food Carts — Shall be operated only at fixed, pre-approved locations in the Main Street i
Overlay District, at least 500 feet away from any restaurant and under current permits from
the County Environmental Health Services Division. v
a
L 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 w
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 Ca
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
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J. 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 permit 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.663'
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
event requirements, a Special Event Permit shall be required for all proposed food truck I-
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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- 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. c°V
2. Vacant lots. Food truck events shall not occur on vacant lots or on unpaved U
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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. ov.
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. U
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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.,664
ATTACHMENT G
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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
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laws or controls.
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The definition of parade does not include the following:
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A. Funeral processions. c
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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 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
(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 any parade
without a written permit first having been secured from the Community Q
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 Q
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.
0 A. Any person desiring to conduct a parade shall file a verified application for a
IV-19.70-7 Rev. Jan.
2013
Packet Pg. 665
6.A.i
ATTACHMENT G
permit at t h e 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.
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 giving rise to the parade did not reasonably allow the y
participants to file for a permit within the time prescribed and that
imposition of the time limitation would unreasonably restrict the right of 0-
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 days'
advance notice. as
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5. Contents of permit application
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A. The application for a parade pen-nit 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 o
contact person. The Community Development Director and the Chief L
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, o
and the route proposed for the parade. <[
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.
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2013
Packet Pg:666
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 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, provision for sanitary facilities, and
other conditions reasonably necessary to ensure the safety of participants,
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 granting a parade permit, the Community
Development Director and the Chief of Police may impose reasonable C
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 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 N
of persons and property and for control of traffic. ti
7. Issuance or denial of permit. In accordance with standards uniformlygpplied 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 a
with any terms of the permit, unless the permit is denied on any of the following
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A. An application received prior in time has been approved for the same time and
place requested b.. t�pplicant or at a time and place so close as to cause Q
undue traffic congestion or exceed the ability of the City to provide police and
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other services for both events.
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B. The time, route, or size of the event will substantially interrupt the safe and a
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
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. 667
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 City streets or
will interfere with a previously granted encroachment pen-nit.
F. The time, route and size of the parade will unreasonably disrupt the
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. cn
H. The applicant fails or refuses to comply with any condition reasonably r
imposed on the rg_anting of the permit in order to ensure the safety of event o
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. o
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(Ord. MC-522, 5-20-86)
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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 T-
Community Development Director and the Chief of Police shall, instead of d
deLiying the application, conditionally approve the application upon the
applicant's acceptance of conditions of permit issuance. The conditions imposed m
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, mayqppeal to the Common Council in
accordance with the provisions of Chapter 2.64.
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 mgM
at his or her option, request an appeal before the City Manager. The City
IV-19.70-10 Rev. Jan.
2013
Packet Pg.668
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 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: a
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B. Conditions concerning time and place of assembly start finish and disbanding w
of the parade; U
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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; N
E. Requirements for use of event monitors and provision of notice of o
permit conditions to event participants; a
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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
safe • E
G. Compliance with animal protection ordinances and laws; a
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H. Requirements for sanitary facilities clean-Lip p 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 Cijy Manager or Mayor and
IV-19.70-11 Rev. Jan.
2013
Packet Pg. 669
ATTACHMENT G
n Council at an time or the Chief of Police on the date of the parade
Comoro C y y p
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 Ma oraand
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
organization shall defend the Cif against, and indemnify and hold the City Q
harmless from any liability to any persons resulting from and age or inim U.)0
occurring_in connection with the permitted event proximately caused by the N
actions of the permittee/sponsoring organization its officers employees or
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) v
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14. Insurance. a
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A. The applicant/Monsor 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 injpa and property damage arising, from the
parade. Such insurance shall name on the policy or by endorsement as
additional insureds the City of San Bernardino, its officers, employees, and
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
minimum limits required shall be one million dollars for each occurrence of
bodily injury and two hundred fifty thousand dollars for each occurrence of
prope_ 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.
IV-19.70-12 Rev. Jan.
2013
Packet Pg. 670
6.A.i
ATTACHMENT G
D. A cop, 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
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.
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:
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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
obtaining insurance is so financially burdensome that it would cn
constitute an unreasonable burden on the right of First Amendment c
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 guifty of an Q
infraction, which upon conviction thereof, is punishable in accordance with the
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 r
remedies arising from any activity regulated by this Chapter. (Ord. MC-522, 5-20-86)
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19.70.040 APPLICATION AND PERMIT ISSUANCE
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 o
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.
IV-19.70-13 Rev. Jan.
2013
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ATTACHMENT G
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 r
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. E
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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 v
Community Development Department shall review and approve, modify, condition a.
or deny the application. Note that review by outside agencies (i.e., the Fire T_
Department or County Health Department)may be required. 4)
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C. Special Event Permit Applications.
1. Time to submit - A completed application form and fees shall be submitted no less
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
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. 672
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.
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. n-
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The Director may approve or conditionally approve a Temporary Use Permit or Special Event w'
Permit application only when all the findings contained in Section 19.36.050 (Conditional Use
Permits) are made.
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19.70.060 CONDITIONS OF APPROVAL N
In approving an application for a Temporary Use Permit or Special Event Permit, the Director may o
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:
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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 a
shorter period of time as determined by the Director or as specified in this Chapter. Food
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.
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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 E
only occur if there is a demonstrated need for the additional parking and that the additional a
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. 673
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. 1;
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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 C14
a reasonable time following the event and that the property will be restored to its former
condition;
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12. Submission of a site plan indicating any information required by this Chapter;
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13. A requirement that the approval of the requested Temporary Use Permit or Special Event c
Permit is contingent upon compliance with applicable provisions of the Municipal Code; and m
14. Any other conditions which will ensure the operation of the proposed temporary use in an nv
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 w
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 w
uses prior to the commencement of such activities to ensure cleanup after those activities.
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.674
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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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IV-19.70-17 Rev. Jan.
2013
Packs .Pg 675
�BEBNARD Larry Heasley,Chair
`P 9 Lance Durr, Vice Chair
Andrew Machen CITY OF SAN BERNARDINO
Amelia S.Lopez
Jim Eble COMMUNITY DEVELOPMENT DEPARTMENT
ooNO£D IN Dustin Barnhardt 300 North "D"Street, San Bernardino, California 92418
Kent Paxton
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 a
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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
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Page 1 of 5 03/18/2015
Packet Pg. 676
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. y
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ADMINISTRATION OF OATH a
Mark Persico, Community Development Director administered the oath. w
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. `"
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1. Minutes of February 18, 2015. Staff recommends approval of these minutes as °.
amended. ti
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2. ADMINISTRATIVE DEVELOPMENT PERMIT 14-23 & PUBLIC M LO
CONVEIENCE OF NECESSITY LETTER 15-03 - A request for approval of an co
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 nv
Zone: Commercial General (CG-1)
Environmental Determination: Exempt from CEQA — Section 15301 — Existing
Facility E
Applicant: 99 Cent Stores
APN: 0285-176-16 a
Ward: 4
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Recommended Motion: Staff recommends that the Planning Commission continue
Administrative Development Permit 14-23 & Public Convenience of Necessity 2
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. 677
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. R
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Commissioner Paxton made a motion to approve the consent agenda. c�
Commissioner Thomas seconded the motion. N
The motion carried by the following vote: Ayes: Heasley, Durr, Machen, Barnhardt, Paxton, o
Thomas and Wyatt. Nays: None. Abstain: None. Excused: Lopez, Eble, and Dailey. Absent: c"
None.
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PUBLIC COMMENTS -ITEMS NOT ON AGENDA
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No comments.
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PUBLIC HEARINGS
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
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.
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Address: 4680 N. Hallmark Parkway Q
Zone: Industrial Light (IL) c
Environmental Determination: Exempt from CEQA — Section 15301 — Existing E
Facilities
Applicant: The Way World Outreach Ministries Q
APN: 0266-362-17, 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.
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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. d
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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.
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NON-PUBLIC HEARING ITEMS N
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PLANNING COMMISSION REPORTS/ANNOUNCEMENTS ti
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None
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DIRECTOR'S REPORT
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1. Annual Report for 2014 was continued to the next Planning Commission meeting on
April 15, 2015. aa.
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2. Development Code Update _
3. Carousel Mall Update E
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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,
April 15, 2015 at 6:00 p.m. in the Council Chambers, First Floor, 300 North "D" Street, San Q
Bernardino, California.
Minutes Adopted by Planning Commissioners:
Date Approved:
Minutes Prepared by: Stephanie Sanchez
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Stephanie Sanchez
Executive Assistant
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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 n
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 a�
contact the Community Development Department at City Hall,or by phone at(909)384-5057.
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If you challenge the resultant action of the Mayor and Common Council in court,you maybe 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 F0
the City Planning Division at,or prior to,the public hearing. Q
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Submitted: April 1,2015 N
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Publish: April 4,2015(minimum 1/8 Page Ad)
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Please send first proof for verification or changes by e-mail to Stephanie Sanchez: Sanchez stephaniegsbcity.org. N
Please reference"PC Display Ad"on the billing and send to the City of San Bernardino,Planning Division,300 North ti
"D"Street,San Bernardino,CA 92418
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