CC SR 20190917 H - Special Event Permit Ordinance AdoptionRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 09/17/2019
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to adopt Ordinance No.__ , AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA,
REPEALING AND REPLACING CHAPTER 12.20 (SPECIAL EVENT PERMITS) OF
TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE
RECOMMENDED COUNCIL ACTION:
(1) Adopt Ordinance No. _________, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, REPEALING AND
REPLACING CHAPTER 12.20 (SPECIAL EVENT PERMITS) OF TITLE 12
(STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE
FISCAL IMPACT: No impact
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Matt Waters, Senior Administrative Analyst
REVIEWED BY: Cory Linder, Director of Recreation & Parks
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. ____ Special Event Permits (page A-1)
B. Redlined Special Event Ordinance (page B-1)
The previous staff report, meeting minutes, and public comments on this topic can be
found on the City’s website via the September 3, 2019 City Council Agenda at
http://www.rpvca.gov/772/City-Meeting-Video-and-Agenda
BACKGROUND AND DISCUSSION:
On September 3, 2019, Ordinance No.___ (Attachment A) was introduced by the City
Council. Ordinance No.___ repeals and replaces Chapter 12.20 Special Event Permits.
The ordinance had previously been reviewed by Council at its July 16, 2019 meeting.
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This evening, the revised ordinance is presented for second reading and adoption. A
red-lined version showing changes to the September 3 Ordinance is attached
(Attachment B). If adopted this evening, the ordinance will go into effect on October 17,
2019.
Additional Information
The attached ordinance incorporates the following direction given by City Council at the
September 3, 2019 meeting:
Change attendance threshold for a special event permit to 60 people at the
following parks: Hesse, Ryan, Ladera Linda, and Eastview (previously 100,
75, 60 and 60, respectively)
Change Lower Point Vicente Park maximum attendance to 500 for all events
(previously listed as 500 for free speech and 500 for other special events)
Change maximum public right-of-way attendance to 1,000 people (previously
N/A)
Clarify tables to clearly indicate which parks can or cannot have special events
Clarify language in table regarding amplified music, traffic, ingress or egress
and other factors to make it clear which sites are referenced
Update the table containing sites 8-15 to ensure that each had “No Special
Permit Available” listed
Add language to table noting that a beach or park cleanup could be approved
as a City-sponsored or mission-aligned event at any site
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative is available for the
City Council’s consideration:
1. Direct Staff to revise Ordinance No. ___ for re-introduction at a future City
Council meeting
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, REPEALING AND REPLACING
CHAPTER 12.20 (SPECIAL EVENT PERMITS) OF TITLE 12 (STREETS,
SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE.
WHEREAS, the City Council of the City of Rancho Palos Verdes recognizes the
substantial community benefit that may result from community events, which can
provide cultural enrichment and economic vitality and can enhance community identity.
WHEREAS, the City Council wishes to update the City’s coordinated processes
for managing community events to ensure the public health, safety, and welfare of event
patrons, residents and other visitors, and to provide for fees and procedures required to
administer the permit process.
WHEREAS, with this ordinance, the City Council does not intend to change the
rules for ordinary use of public property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the Recitals of this Ordinance are true and
correct, and incorporated herein.
SECTION 2. Chapter 12.20 (Special Event Permits) of Title 12 (Streets, Sidewalks
and Public Places) is repealed and replaced with the following:
Chapter 12.20
SPECIAL EVENT PERMITS
Sections:
12.20.010 Title.
12.20.020 Purpose.
12.20.030 Definitions.
12.20.040 Special Event Permit required.
12.20.050 Exemptions and waivers.
12.20.060 Special Event Permit application.
12.20.070 Processing of Special Event Permit applications.
12.20.080 Free Speech Special Event Permit application.
12.20.090 Special Event Task Force.
12.20.100 Special Event Permit fees and charges.
12.20.110 Revocation.
12.20.120 Enforcement.
12.20.130 Appeal.
12.20.140 Hold Harmless.
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12.20.150 Insurance Requirements for Special Events.
12.20.010 Title.
This chapter shall be known as the Special Event Permits Ordinance.
12.20.020 Purpose.
A. It is the purpose of this chapter to provide for the issuance of Special Event Permits
to regulate large, organized events on the public streets and public property of the
City; and to provide for fees, charges, and procedures required to administer the
permit process. This ordinance shall not be interpreted to require picnics and
impromptu gatherings at public parks to obtain a permit. Large groups who wish to
reserve specific areas in public parks may do so through the Recreation & Parks
Department of the City.
B. It is further the purpose of this chapter to provide for expedited procedures for Free
Speech Special Events, while also providing for the protection and preservation of
public spaces and public resources.
12.20.030 Definitions.
The following words and phrases when used in this chapter shall mean:
“Amplified sound” means music or speech projected or transmitted by electronic
equipment, including, but not limited to, an amplifier, loudspeakers, or similar devices.
“Annual event” means an event recurring each year at approximately the same date.
“Applicant” means the event sponsor or the sponsor’s authorized agent who completes
the permit application and acts as primary contact for a Special Event.
“City-partnered event” means an event organized and run by a non-profit organization in
conjunction with the City, where the City provides sponsorship or partnership and retains
control over how the event(s) is run and/or publicized. Examples include nature hikes in
the Palos Verdes Nature Preserve led by Palos Verdes Peninsula Land Conservancy
docents and Los Serenos Docent hikes and tours.
“City Manager” means the City Manager of the City of Rancho Palos Verdes, and shall
include his/her designee.
“Event participants” means persons in attendance at an event, including spectators,
vendors, event staff, City staff, and all others present for the purpose of the event. Any
persons in attendance at an event for the purpose of protesting the event shall not be
considered event participants.
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“Fair/carnival” means a traveling enterprise offering amusements, or a gathering of buyers
and sellers, held at a temporary location for one or more days.
“Free speech” means speech and expressive conduct protected by the First Amendment
of the United States Constitution or by Article 1, Section 2 of the California Constitution.
“Free Speech Special Event” means an event at which the expression of free speech
rights is the principal purpose of the event, and that satisfies one or more of the following:
(i) the event meets the threshold attendance pursuant to Table 12.20.040-1; (ii) the event
requires the use of amplified sound; (iii) the event may interfere with traffic or obstruct
ingress or egress to a property or structure; or (iv) the event will use any structure or
equipment that requires a health & safety inspection. Examples of Free Speech Special
Events include, but are not limited to: a protest, speech, or rally that requires traffic control;
individual street performers.
“Indigent person” means: (1) a person who is receiving benefits pursuant to the
Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs
(Sections 12200 to 12205, inclusive, of the California Welfare and Institutions Code), the
California Work Opportunity and Responsibility to Kids Act (CalWORKs) program
(Chapter 2, commencing with Section 11200 of Part 3 of Division 9 of the California
Welfare and Institutions Code), the Food Stamp program (7 U.S.C. Section 2011 et seq.)
or Section 17000 of the Welfare and Institutions Code; (2) a person whose monthly
income is 125% or less of the current monthly poverty line annually established by the
Secretary of Health and Human Services pursuant to the Omnibus Budget Reconciliation
Act of 1981, as amended.
“Mission-aligned event” means an event (one-time, recurring, or annual) that takes place
in the Palos Verdes Nature Preserve and/or within the City trails system, and that is
organized and run by a nonprofit entity whose mission is aligned with the City’s goals of
habitat and sensitive species preservation and protection of the City’s open spaces.
Examples include nature hikes by the Sierra Club, and the Boy Scouts of America.
“Mixed Free Speech Special Event“ means an event that has both a free speech
component and a commercial component, or that is open to the public for entertainment
or cultural purposes; Mixed Free Speech Special Events are not dependent on current
events and require time and logistical support to organize and include, but are not limited
to: (i) a circus; (ii) outdoor theater; (iii) an art fair.
“NCCP/HCP” means the March 2018 City of Rancho Palos Verdes Natural Community
Conservation Plan/Habitat Conservation Plan.
“Parade” means a public procession, typically celebrating a special day or event and
including marching bands and floats, in the public right-of-way.
“PVPLC” means the Palos Verdes Peninsula Land Conservancy.
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“Race/run” means an organized competitive event upon a public street, sidewalk,
walkway, or other publicly owned property including City parks, in which persons
participate by walking, running, riding a bicycle or horse, or operating a wheelchair.
“Recurring event” means an event that will occur repeatedly within a one-year period.
“Special Event” includes, but is not limited to any of the following one-time or recurring or
annual events:
(i) A commercial event (e.g., a fair, carnival, farmers market).
(ii) A spectator sport (e.g., beach volleyball, hockey, basketball, surfing
competition).
(iii) Any organized athletic event (e.g., races, runs, soccer games, baseball
games).
(iv) A community event (e.g., beach/park clean up, sandcastle building contest, a
hike or nature walk).
(iv) Parades.
(v) Any Mixed Free Speech Special Event.
(vi) Any event above the attendance threshold provided for in Table 12.20.040-1.
(vii) Any event that: (a) will use amplified sound, (b) may interfere with traffic,
ingress, or egress; or (3) will use structures or equipment that require health &
safety inspections.
“Sponsor” means the person or group responsible for or organizing the Special Event.
“Spontaneous event” means a Free Speech Event occasioned by news or events coming
into public knowledge 4 business days or fewer prior to such event.
“Task Force” means the Special Events Task Force as constituted by this code.
“Transportation management/parking plan” means a plan developed by the special event
sponsor to identify and mitigate traffic/parking impacts associated with a special event.
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12.20.040 Special Event Permit required.
A. Special Events on public property require a Special Event Permit, pursuant to
Sections 12.20.060 and 12.20.070. All permits will be in compliance with all City
Council approved documents and regulations.
B. Free Speech Special Events on public property require a Free Speech Special
Event Permit and shall be subject to the alternative permitting provisions of Section
12.20.080. All permits will be in compliance with all City Council approved
documents and regulations.
Table 12.20.040-1
Special Events are PERMITTED at the following parks (1-7).
Permits are required for all events, including free speech, at locations 1 through 7 that meet or exceed the
attendance threshold indicated below,
and/or for all events that: (a) use amplified sound, (b) may interfere with traffic, ingress, or egress; or (c) will
use structures that require health & safety inspections.
City sponsored and mission-aligned events, such as a park or beach cleanup, are allowed.
Location Special Event Permit
Threshold
(12.20.040;
12,20.060; 12,20.070)
Free Speech Special
Event Threshold
(12.20.040; 12,20.080)
Maximum
Attendance All
Events
1. Public right-of-way 100 300 1,000
2. Civic Center (Upper Point
Vicente Park/ City Hall)
100 300 500
3. Hesse Park 60 300 500
4. Lower Point Vicente Park
(Vicente Park Interpretive Center
outside of Preserve)
100 300 500
5. Robert Ryan Park 60 150 200
6. Ladera Linda Park 60 50 200
7. Eastview Park 60 50 200
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Special Events are NOT PERMITTED at the following sites (8-15).
Permits to be issued only for Free Speech Special Events at locations 8 through 15 that are likely to meet or
exceed the attendance thresholds as indicated below.
No events exceeding the attendance thresholds are permitted at these locations.
Events may not (a) exceed the attendance threshold; (b) use amplified sound, (c) interfere with traffic, ingress or
egress; or (d) use structures that require health & safety inspections.
City sponsored and mission-aligned events, such as a park or beach cleanup, are allowed.
Location Attendance Threshold Free
Speech
Special
Event
Threshold
Maximum Attendance All Events
8. Palos Verdes Nature
Preserve:
No Special Event permit available.
Maximum event/group attendance:
20 people
Not a
permissible
use in the
Preserve
20
Preserve Note: Hikes, nature walks, and park clean-ups are permitted under the NCCP/HCP.
9. Del Cerro Park No Special Event permit available.
Maximum event/group attendance:
60 people.
50 200 for Free Speech Events only
50 for all other events/groups
10. Frank S. Vanderlip
Park
No Special Event permit available.
Maximum event/group attendance:
50 people.
50 200 for Free Speech Events only
50 for all other events/groups.
11. Abalone Cove picnic
area and
preschool/lifeguard area
No Special Event permit available.
Maximum event/group attendance:
50 people.
50 200 for Free Speech Events only
50 for all other events/groups
12. Marilyn Ryan Sunset
Park
No Special Event permit available.
Maximum event/group attendance:
50 people.
50 200 for Free Speech Events only
50 for all other events/groups
13. Founders Park No Special Event permit available.
Maximum event/group attendance:
60 people.
50 200 for Free Speech Events only
50 for all other events/groups
14. Grandview Park No Special Event permit available.
Maximum event/group attendance:
50 people.
50 200 for Free Speech Events only
50 for all other events/groups
15. Pelican Cove Park No Special Event permit available.
Maximum event/group attendance:
50 people.
50 200 for Free Speech Events only
20 for all other events/groups
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12.20.050 Exemptions and waivers.
A. City-partnered events do not require Special Event Permits; however, they will still
need to be in compliance with all City Council approved documents and
regulations.
B. Permits for mission-aligned events, as well as for nonprofit and educational events,
may be subject to reduced or waived fees, as determined by City Council
resolution.
C. The PVPLC shall follow the guidelines for Permissive Activity Request for events
or activities as defined in the Management Agreement with the City (i.e., events
over 100 people). For all other events or activities that comply with the definition
of Permissive Activity and are consistent with the NCCP/HCP, the PVPLC is not
required to obtain a permit nor pay a fee.
12.20.060 Special Event Permit application.
A. Special Event Permit Application Required. An application must be submitted to the
City by the Special Event Sponsor along with an application fee and an
administrative review fee (if applicable) in the amounts established by City Council
resolution.
An Indigent Person who is unable to pay the application fee due to such indigence
may not be required to pay the fee in accordance with administrative regulations
or guidelines adopted pursuant to this chapter. Application for indigent status shall
be made at the time of submission of the permit application and shall be
accompanied by such relevant information and documentation as may, in the
opinion of the Task Force Chairperson, be reasonably necessary to verify such
status.
B. Application Form and Contents. An application for a Special Event Permit shall be
on a City form and signed by the Applicant who is at least 18 years of age, and
contain all of the following information:
1. The name, address, email address, and daytime telephone number of each
of the following:
a. The Applicant and the Sponsor, if different from the Applicant (also
include evening telephone number),
b. An alternate person to contact if an emergency arises and the
Applicant is unavailable (also include evening telephone number),
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c. If applicable: the president, chair or other head of the sponsor
organization; nonprofit documentation (also include written
documentation of the authority under which the Applicant is applying
on behalf of the organization), and
d. The person who will be present and in charge of the event on the day
of the event and their contact information during the event.
2. The requested event date, including the dates and times for set-up and
clean-up, and the starting and finishing time of the event. Also include two
alternative dates.
3. The estimated number of participants.
4. A site plan identifying the proposed event and staging locations, including
specific street closures or street routes, if any, or park area requested and
parking areas.
5. A site map showing emergency exit routes.
6. Any City equipment or personnel requested.
7. A description of the planned event.
8. A description of how the event will be promoted and any prior history of
promotions for similar events, including references.
9. The proposed distribution or sale of any food or beverage, including
alcoholic beverages. If alcoholic beverages are included, provide all
applicable licenses and registrations allowing the sale of alcoholic beverages
at the event.
10. The type and estimated number of vehicles, animals, or structures that will
be used.
11. A description and location of any sound amplification equipment proposed to
be used.
12. The location of electrical generators, stages, tents, canopies, cooking
apparatus and lights.
13. The location of mechanical rides, jump houses, or other amusement
attractions.
14. The location of any water, first aid, or comfort station(s) to be provided.
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15. For each application for a parade: (i) the time when the units of the parade
will begin to assemble, (ii) the proposed assembly point for the parade, (iii)
the proposed parade route, (iv) the interval space to be maintained between
units of the parade, and (v) the number, type and size of floats or other
vehicles.
16. For a commercial or Mixed Free Speech event, a layout showing the
locations of booths, stages, audience, tables and chairs, food court, portable
bathrooms, emergency exits.
17. A preliminary security plan and any monitors to be employed during the
event.
18. Any other information which the Task Force reasonably requires to evaluate
the particular Special Event Permit application. In addition, the Task Force
can waive application requirements that the Task Force determines are
inapplicable.
19. A parking and transportation plan as deemed necessary by the Task Force,
based on the anticipated number of participants and the availability of
parking at the proposed location.
20. For Recurring Events, the Applicant shall also include the following
information:
i. The frequency of the proposed recurring event, including if
available a schedule with proposed dates and times. Proposed
schedules may be submitted as soon as available, but no later than
15 days prior to the start of the events.
ii. The minimum and maximum number of participants for each event.
12.20.070 Processing of Special Event Permit applications.
Special Event Permits will be processed based on the following:
A. Submission timelines.
1. Special Events. An application for a Special Event Permit shall be filed at
least 30 days prior to the date of a proposed Special Event with anticipated
attendance smaller than 100 participants, and at least 90 days prior to the
date of a proposed Special Event with anticipated attendance over 100
participants.
2. Hikes and nature walks. Notwithstanding anything to the contrary in
Subsection A.1, above, Special Event Permit applications for hikes and
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nature walks in the Preserve or any of the City’s trails may be submitted
15 days prior to the proposed event.
3. Recurring Special Event Permits. Notwithstanding anything to the contrary
in Subsection A.1, above, a Special Event Permit application for recurring
events must be submitted no later than 90 days prior to the start of the
Recurring Special Events. These permits shall only authorize the same
type of recurring event during the year, and is not intended to be a blanket
event permit for the Applicant or Sponsor.
4. Requested dates and times at specific locations shall be reserved on a
first come first served basis. If the date or time requested is not available,
the Chairperson shall inform the applicant within 5 business days and
shall suggest alternative dates and times. Applications for events
occurring more than 12 months from the date of the application shall not
be accepted.
B. The Task Force or Chairperson shall meet with the Applicant or Sponsor to review
the application to determine whether additional information is required and discuss
applicable conditions and potential security fees.
C. The Task Force shall make a decision on the application, set any conditions and
fees, and issue the permit. For Special Events with anticipated attendance up to
100 participants, a decision on the Special Event Permit shall be made by the Task
Force no later than 10 calendar days following the submission of a completed
application. For Special Events with anticipated attendance over 100 participants, a
decision on the Special Event Permit shall be made by the Task Force no later than
30 days following submission of a completed application.
D. In deciding whether to approve, or approve with conditions, the Task Force shall
make each of the following findings:
1. The Special Event, as proposed, does not pose a threat to health and
safety.
2. The use of sheriff and/or fire resources to support the event will not deny
reasonable sheriff and fire protection to the City.
3. The Special Event will not adversely interfere with previously City-approved
and/or scheduled construction, maintenance or other activities.
4. The Special Event will not adversely impact the health or safety of
surrounding properties; or the impacts can be significantly mitigated by way
of reasonable permit conditions. Adverse impacts include, but are not limited
to, noise, traffic, parking, trash, and damage to public property,
infrastructure, or facilities.
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5. There will be negligible adverse impact on the condition of parks and open
space areas; proposed mitigation by the event Sponsor will be considered.
6. The Special Event shall not adversely impede the public’s reasonable use of
City streets, sidewalks, walkways, trails, and City parks.
7. The Special Event is in compliance with the attendance and other event
limitations as indicated in Table 12.20.040-1.
E. Conditions.
1. The Task Force may include in a Special Event Permit reasonable terms or
conditions as to the time, place, and manner of the event, notice
requirements, compliance with health and sanitary regulations, emergency
services, security payment of the Special Event Permit fee, reimbursement
of direct expenses incurred by the City, and a clean-up/damage deposit.
2. Additional permits or security fees may be required by other state or federal
agencies or federal, state, or local laws.
3. In order to accommodate other concurrent events, the rights of abutting
owners and the needs of the public to use streets or parks, the conditions
may include, but not be limited to, reasonable adjustments in the date, time,
route or location of the proposed event; accommodations of pedestrian or
vehicular traffic using the street; accommodations of public access to City
parks, the Palos Verdes Nature Preserve, and the City’s trails; and
limitations on the duration of the event.
4. A notice issued by the City for a Special Event Permit shall be mailed to
property owners located within a 500 foot radius of a fixed event site, a
parade route, or a run/race route describing the event and inviting the public
to comment. The Applicant shall cover the cost, including postage, for the
notice. The notice shall be mailed by first class mail at least 10 calendar
days before the date of a Small Event, and at least 20 calendar days before
the date of a Large Event.
5. Conditions relating to the use of amplified sound to minimize the interference
with the quiet enjoyment of neighboring properties.
6. Conditions relating to maintaining the public property in the same or better
condition after the Special Event. Conditions may address collection of trash,
access to rest facilities, prohibiting access to protected habitat, etc.
7. The Task Force may require a Special Event Permit Sponsor to reimburse
the City for the cost of repairs or habitat remediation needed because of the
Special Event.
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F. Recurring Events. The Special Events Task Force may require a trial period before
approving all planned events. In no case shall recurring events be authorized for
more than one year at the time of application.
G. An application for a Special Event Permit can be denied on any of the following
grounds:
1. Applicant’s provision of false or misleading information;
2. Conflict with other planned events in the area;
3. Previous Special Event Permit violations by the Applicant or sponsor;
4. Inability to make all the findings for approval set forth above;
5. Exceeding special event attendance limits for a particular location; or
6. The location or park site requested is not eligible for special events.
H. CEQA Review. The Task Force will designate a staff person knowledgeable in the
California Environmental Quality Act to perform an environmental review of the
proposed special event.
12.20.080 Free Speech Special Event Permit application.
A. The following application procedures apply to a Free Speech Special Event only.
Parades and Mixed Free Speech Events shall be subject to the Special Event
Permit provisions of Section 12.20.040 through 12.20.070.
B. A Free Speech Special Event requires a Free Speech Special Event Permit when:
1. The proposed event may impede, obstruct, impair or interfere with the free
use of any public street, highway, alley, sidewalk, or other public right-of-
way, or with ingress or egress to the same; or
2. The proposed event may exceed the maximum attendance without permit
for the location of the event provided for in Table 12.20.040-1.
3. Notwithstanding anything to the contrary in this chapter, a Free Speech
Special Event Permit is not required for Spontaneous Events. The Sponsor
of a spontaneous event shall provide the Task Force with advance
notification to the extent practicable, as well as the following information: the
type of event; the date, time, and duration of the proposed event; the
location of the event and/or route, including which public spaces or public
right-of-ways may be obstructed or closed; and anticipated participation.
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Spontaneous Events at particular locations may not be held that exceed the
maximum occupancy for that location, as provided for in Table 12.20.040-1.
C. A Free Speech Special Event application shall include the following information:
1. A description of the proposed event;
2. The street or other public property and the specific area or areas thereof to
be utilized in connection with the proposed event;
3. The manner in which the public property will be utilized;
4. The date or dates and the specific times of the proposed event, including
set-up and tear-down;
5. The name, address and telephone number of the sponsor of the proposed
event;
6. The name, address and telephone number of the person or persons to be
contacted regarding the application or the permit.
7. Anticipated participation, including any animals that may be in attendance.
D. Timing of application. The Applicant shall file a complete application for a Free
Speech Special Event Permit with the Task Force Chairperson as soon as
possible, but no later than 5 business days before the proposed event. The Task
Force shall review the Free Speech Special Event Permit application to establish
reasonable conditions to address health and safety only, notification of the decision,
and appeal from the decision.
E. Task Force’s Decision. The Task Force shall render a decision in accordance with
the findings set forth herein within two business days following the filing of the
completed application.
1. The event, as proposed, will not pose a threat to health and safety;
2. The use of sheriff and/or fire resources to support the event will not deny
reasonable sheriff and fire protection to the City;
3. The event will not interfere with previously City-approved and/or scheduled
construction or maintenance, or with a previously permitted special event;
4. No consideration was given to the message of the event, the content of
speech, the identity or associational relationships of the Applicant, or to any
assumptions or predictions as to the amount of hostility which may be
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aroused in the public by the content of the speech or message conveyed by
the event.
5. The event is in compliance with the attendance and other limitations as
provided in Table 12.20.040-1.
6. There will be minimal or no adverse impact on the condition of parks and
open space areas, proposed measures to mitigate any adverse impacts
shall be taken into consideration.
F. Notification of Decision. The Task Force Chairperson shall notify the Applicant in
writing (and orally, if possible) of the decision, including a statement of the reasons
for any conditions or the grounds for a denial. If a change in the time or location of
the proposed event would allow approval of the application, the Chairperson shall
propose an alternative to the Applicant. Any conditions shall be directed
G.. Applicant’s Acceptance. The Applicant shall notify the Chairperson in writing of their
acceptance forthwith after written notice of the decision. Once the Applicant
submits a written acceptance of the Task Force’s decision, the Free Speech
Special Event Permit shall be approved and the Chairperson shall notify the City
Council and the City Manager that the permit has been issued.
H. Free Speech Special Events will not be required to comply with any of the
following as a condition of receiving a permit:
1. Any fee or charge required by the City.
2. Any insurance or proof of insurance covering the Free Speech Event, its
organizers, or participants, including the requirements of Section 12.20.150.
3. Any requirement of indemnification or agreement to hold harmless, including
the requirements of Section 12.20.140.
I. Appeal. Any decision relating to the issuance of a Free Speech Special Events
Permit may be appealed to the City Manager. The appeal must be in writing and
must be submitted to the City Manager’s Office within two business days of the
Task Force’s decision. The City Manager shall decide the appeal within one
business day. The City Manager’s decision shall be final.
J. Judicial Review. Decisions regarding a Free Speech Special Event Permit are
eligible for expedited judicial review pursuant to Section 1094.8 of the Code of Civil
Procedure.
12.20.090 Special Event Task Force.
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A. A Special Event Task Force is hereby created to carry out the provisions of this code
relating to permits for Special Events, Free Speech Special Events, and Mixed Free
Speech Special Events (collectively, Special Events), is comprised of representatives
of City departments, including, but not limited to, the following departments: Public
Works, Community Development, and Parks and Recreation. The Task Force may
also invite representatives from other City departments, public agencies, or
community or neighborhood organizations to provide comments on proposed special
events. Examples of such agencies/organizations include, but are not limited to the
Los Angeles County Sheriff and the Los Angeles County Fire. The Chairperson of
the Task Force shall be a Department Director or the Deputy City Manager, as
designated by the City Manager. The Chairperson shall provide for maintaining Task
Force records, arranging meeting times and places, and issuing a Special Event
Permit on behalf of the Task Force.
B. The Special Event Task Force shall have the power to:
1. Interpret and administer this code;
2. Represent the City, in accordance with procedures adopted by the City
Manager, in discussions and in maintaining agreements with Applicant or
Sponsor;
3. Coordinate with City departments and with other government agencies for the
provision of governmental services for such Special Events;
4. Establish terms and conditions, appropriate security fees and deposits, and
the time(s), place and manner of the Special Event;
5. Approve or deny Special Event Permits;
6. Adopt policies for administering this code as necessary.
12.20.100 Special Event Permit fees and charges.
A. Special Event Permit fees and charges are established by resolution of the City
Council. The application fee must be submitted with the application. Other costs for
City services shall be invoiced to the Applicant no later than 10 calendar days after
the expiration date of the permit. The Applicant shall pay all fees and charges within
30 calendar days of invoice otherwise late fees shall apply.
B. In addition to the payment of any applicable non-refundable permit application fees,
all Applicants or sponsors shall be responsible for paying for all City departmental,
Los Angeles County Sheriff, or Los Angeles County Fire service charges incurred in
connection with or due to the permittee’s activities under the permit.
12.20.110 Revocation.
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A Special Event Permit can be revoked by the Task Force for any of the following reasons:
A. Failure to comply with any permitting requirements or conditions of approval;
B. Knowingly providing false, misleading, or fraudulent information;
C. Failing to pay required fees, charges, or deposits;
D. Failing to agree to the indemnification provisions or failing to provide proof of
insurance to the extent required; or
E. The event materially changes after a permit has been approved.
12.20.120 Enforcement.
A. Violations of this chapter shall be charged to the Applicant and/or Sponsor of the
event pursuant to Chapters 1.08 and 1.16 of this Code, as well as any other
remedies available to the City at law or equity.
B. In addition to the penalties provided for in Chapters 1.08 and 1.16 of this Code,
Sponsors, Applicants, or Participants of an event may be cited and/or ejected from
the public property for violations of this Chapter after notice and an opportunity to
cure the violation.
12.20.130 Appeal.
A. A decision regarding a Special Event Permit application may be appealed in writing
to the City Manager within 10 calendar days of the Task Force’s decision for Large
Special Events and within 5 calendar days of the Task Force’s decision for Small
Special Events.
B. The City Manager shall make a decision on the appeal within 10 calendar days of
receipt of the appeal for Large Special Events and within 5 calendar days of receipt
of the appeal for Small Special Events.
C. The decision of the City Manager shall be final, and is subject to judicial review
pursuant to Section 1094.5 and 1094.6 of the Code of Civil Procedure.
12.20.140 Hold harmless.
As a condition to the issuance of any permit under this chapter, the Applicant/Sponsor
shall agree to defend, indemnify, and hold harmless the City, its elected and appointed
officials, employees and agents, against losses and liabilities incurred from the conduct
of the permittee, or its officers, employees, and agents, or claims or liabilities caused by,
or arising out of any activities authorized by any such permit.
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12.20.150 Insurance requirements for special events.
The Applicant shall provide general liability insurance naming the City, its elected and
appointed officials, employees, and agents, as an additional insured. Limits of coverage
will be determined by the City Attorney’s office at the time of application. Certificates of
insurance are to be submitted to the City for approval 14 calendar days prior to the day
of the event. Acceptability of insurance is subject to approval by the City’s Risk Manager.
This requirement does not apply to Free Speech Events.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this Ordinance or the application thereof to any person or
place, is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remainder of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance,
and each and every section, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE. This ordinance shall be effective on the thirtieth
(30th) day after the day of its adoption.
SECTION 5. CERTIFICATION. The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be posted in the manner required by law.
PASSED, APPROVED and ADOPTED this ___ day of ________________ 2019.
Jerry V. Duhovic, Mayor
ATTEST:
Emily Colborn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
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I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. , was duly and regularly adopted by the City Council of said
City at a regular meeting thereof held on and that the same was passed and adopted by
the following roll call vote:
AYES:
NOES: None
ABSENT: None
ABSTAIN: None
______________________________
City Clerk
A-18
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, REPEALING AND REPLACING
CHAPTER 12.20 (SPECIAL EVENT PERMITS) OF TITLE 12 (STREETS,
SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE.
WHEREAS, the City Council of the City of Rancho Palos Verdes recognizes the
substantial community benefit that may result from community events, which can
provide cultural enrichment and economic vitality and can enhance community identity.
WHEREAS, the City Council wishes to update the City’s coordinated processes
for managing community events to ensure the public health, safety, and welfare of event
patrons, residents and other visitors, and to provide for fees and procedures required to
administer the permit process.
WHEREAS, with this ordinance, the City Council does not intend to change the
rules for ordinary use of public property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the Recitals of this Ordinance are true and
correct, and incorporated herein.
SECTION 2. Chapter 12.20 (Special Event Permits) of Title 12 (Streets, Sidewalks
and Public Places) is repealed and replaced with the following:
Chapter 12.20
SPECIAL EVENT PERMITS
Sections:
12.20.010 Title.
12.20.020 Purpose.
12.20.030 Definitions.
12.20.040 Special Event Permit required.
12.20.050 Exemptions and waivers.
12.20.060 Special Event Permit application.
12.20.070 Processing of Special Event Permit applications.
12.20.080 Free Speech Special Event Permit application.
12.20.090 Special Event Task Force.
12.20.100 Special Event Permit fees and charges.
12.20.110 Revocation.
12.20.120 Enforcement.
12.20.130 Appeal.
12.20.140 Hold Harmless.
12.20.150 Insurance Requirements for Special Events.
B-1
12.20.010 Title.
This chapter shall be known as the Special Event Permits Ordinance.
12.20.020 Purpose.
A. It is the purpose of this chapter to provide for the issuance of Special Event Permits
to regulate large, organized events on the public streets and public property of the
City; and to provide for fees, charges, and procedures required to administer the
permit process. This ordinance shall not be interpreted to require picnics and
impromptu gatherings at public parks to obtain a permit. Large groups who wish to
reserve specific areas in public parks may do so through the Recreation & Parks
Department of the City.
B. It is further the purpose of this chapter to provide for expedited procedures for Free
Speech Special Events, while also providing for the protection and preservation of
public spaces and public resources.
12.20.030 Definitions.
The following words and phrases when used in this chapter shall mean:
“Amplified sound” means music or speech projected or transmitted by electronic
equipment, including, but not limited to, an amplifier, loudspeakers, or similar devices.
“Annual event” means an event recurring each year at approximately the same date.
“Applicant” means the event sponsor or the sponsor’s authorized agent who completes
the permit application and acts as primary contact for a Special Event.
“City-partnered event” means an event organized and run by a non-profit organization in
conjunction with the City, where the City provides sponsorship or partnership and retains
control over how the event(s) is run and/or publicized. Examples include nature hikes in
the Palos Verdes Nature Preserve led by Palos Verdes Peninsula Land Conservanc y
docents and Los Serenos Docent hikes and tours.
“City Manager” means the City Manager of the City of Rancho Palos Verdes, and shall
include his/her designee.
“Event participants” means persons in attendance at an event, including spectators,
vendors, event staff, City staff, and all others present for the purpose of the event. Any
persons in attendance at an event for the purpose of protesting the event shall not be
considered event participants.
“Fair/carnival” means a traveling enterprise offering amusements, or a gathering of buyers
and sellers, held at a temporary location for one or more days.
“Free speech” means speech and expressive conduct protected by the First Amendment
of the United States Constitution or by Article 1, Section 2 of the California Constitution.
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“Free Speech Special Event” means an event at which the expression of free speech
rights is the principal purpose of the event, and that satisfies one or more of the following:
(i) the event meets the threshold attendance pursuant to Table 12.20.040 -1; (ii) the event
requires the use of amplified sound; (iii) the event may interfere with traffic or obstruct
ingress or egress to a property or structure; or (iv) the event will use any structure or
equipment that requires a health & safety inspection . Examples of Free Speech Special
Events include, but are not limited to: a protest, speech, or rally that requires traffic control;
individual street performers.
“Indigent person” means: (1) a person who is receiving benefits pursuant to the
Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs
(Sections 12200 to 12205, inclusive, of the California Welfare and Institutions Code), the
California Work Opportunity and Responsibility to Kids Act (CalWORKs) program
(Chapter 2, commencing with Section 11200 of Part 3 of Division 9 of the California
Welfare and Institutions Code), the Food Stamp program (7 U.S.C. Section 2011 et seq.)
or Section 17000 of the Welfare an d Institutions Code; (2) a person whose monthly
income is 125% or less of the current monthly poverty line annually established by the
Secretary of Health and Human Services pursuant to the Omnibus Budget Reconciliation
Act of 1981, as amended.
“Mission-aligned event” means an event (one-time, recurring, or annual) that takes place
in the Palos Verdes Nature Preserve and/or within the City trails system, and that is
organized and run by a nonprofit entity whose mission is aligned with the City’s goals of
habitat and sensitive species preservation and protection of the City’s open spaces.
Examples include nature hikes by the Sierra Club, and the Boy Scouts of America.
“Mixed Free Speech Special Event“ means an event that has both a free speech
component and a commercial component, or that is open to the public for entertainment
or cultural purposes; Mixed Free Speech Special Events are not dependent on current
events and require time and logistical support to organize and include, but are not limited
to: (i) a circus; (ii) outdoor theater; (iii) an art fair.
“NCCP/HCP” means the March 2018 City of Rancho Palos Verdes Natural Community
Conservation Plan/Habitat Conservation Plan.
“Parade” means a public procession, typically celebrating a special day or event and
including marching bands and floats, in the public right-of-way.
“PVPLC” means the Palos Verdes Peninsula Land Conservancy.
“Race/run” means an organized competitive event upon a public street, sidewalk,
walkway, or other publicly owned property including City parks, in which persons
participate by walking, running, riding a bicycle or horse, or operating a wheelchair.
“Recurring event” means an event that will occur repeatedly within a one -year period.
“Special Event” includes, but is not limited to any of the following one-time or recurring or
annual events:
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(i) A commercial event (e.g., a fair, carnival, farmers market).
(ii) A spectator sport (e.g., beach volleyball, hockey, basketball, surfing
competition).
(iii) Any organized athletic event (e.g., races, runs, soccer games, baseball
games).
(iv) A community event (e.g., beach/park clean up, sandcastle building contest , a
hike or nature walk).
(iv) Parades.
(v) Any Mixed Free Speech Special Event.
(vi) Any event above the attendance threshold provided for in Table 12.20.040 -1.
(vii) Any event that: (a) will use amplified sound, (b) may interfere with traffic,
ingress, or egress; or (3) will use structures or equipment that require health &
safety inspections.
“Sponsor” means the person or group responsible for or organizing the Special Event.
“Spontaneous event” means a Free Speech Event occasioned by news or events coming
into public knowledge 4 business days or fewer prior to such event.
“Task Force” means the Special Events Task Force as constituted by this code.
“Transportation management/parking plan” means a plan developed by the special event
sponsor to identify and mitigate traffic/parking impacts associated with a special event.
12.20.040 Special Event Permit required.
A. Special Events on public property require a Special Event Permit, pursuant to
Sections 12.20.060 and 12.20.070. All permits will be in compliance with all City
Council approved documents and regulations.
B. Free Speech Special Events on public property require a Free Speech Special
Event Permit and shall be subject to the alternative permitting provisions of Section
12.20.080. All permits will be in compliance with all City Council approved
documents and regulations.
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Table 12.20.040-1
Location Special Event
Permit
(12.20.040;
12.20.060;
12.20.070)
Free Speech
Special Event
(12.20.040;
12.20.080)
Maximum Attendance (all events)Special
Events are PERMITTED at the following
parks (1-7).
Permits are required for all events, including free
speech, at locations 1 through 7 that meet or
exceed the attendance threshold indicated below,
and/or for all events that: (a) use amplified sound,
(b) may interfere with traffic, ingress, or egress; or
(c) will use structures that require health & safety
inspections.
City sponsored and mission-aligned events, such
as a park or beach cleanup, are allowed.
Permits are required for all events
at locations 1 through 7 that meet
the anticipated attendance
indicated, and/or for all events that
(a) use amplified sound, (b) may
interfere with traffic, ingress, or
egress; or (3) will use structures
that require health & safety
inspections. Location
Special Event
Permit
Threshold
(12.20.040;
12,20.060;
12,20.070)
Free Speech
Special Event
Threshold
(12.20.040;
12,20.080)
Maximum Attendance All
Events
1. Public right-of-way 100 300 N/A1,000
2. Civic Center (Upper Point
Vicente Park/ City Hall)
100 300 500
3. Hesse Park 100 60 300 500
4. Lower Point Vicente Park
(Vicente Park Interpretive Center
outside of Preserve)
100 300 500 for Free Speech Events
500 for all other Special
Events500
5. Robert Ryan Park 7560 150 200
6. Ladera Linda Park 5060 50 200
7. Eastview Park 5060 50 200
Special limitations for the Palos Verdes Nature Preserve
8. Palos Verdes Nature Preserve:
Hikes, nature walks, and park
clean-ups as permitted under the
NCCP/HCP. No other events are
permitted.
Maximum
event/group
attendance: 20
people
Not a
permissible
use in the
Preserve
20
B-5
Permits may be required for Free Speech Special Events at locations 9 through 15 that are likely to meet the
attendance thresholds as indicated below.
No events are permitted at these locations that (a) exceed the attendance threshold; (b) use amplified
sound, (c) may interfere with traffic, ingress or egress; or (d) use structures that require health & safety
inspections.
9. Del Cerro Park Maximum
event/group
attendance: 50
people.
50 200 for Free Speech Events
only
50 for all other events/groups
10. Frank S. Vanderlip Park No permit
required.
Maximum
event/group
attendance: 50
people.
50 200 for Free Speech Events
only
50 for all other events/groups.
11. Abalone Cove picnic area and
preschool/lifeguard area
Maximum
event/group
attendance:50
people.
50 200 for Free Speech Events
only
50 for all other events/groups
12. Marilyn Ryan Sunset Park No permit
required.
Maximum
event/group
attendance: 50
people.
50 200 for Free Speech Events
only
50 for all other events/groups
13. Founders Park Maximum
event/group
attendance: 50
people.
50 200 for Free Speech Events
only
50 for all other events/groups
14. Grandview Park No permit
required.
Maximum
event/group
attendance: 50
people.
50 200 for Free Speech Events
only
50 for all other events/groups
15. Pelican Cove Park No permit
required.
Maximum
event/group
attendance: 20
people.
50 200 for Free Speech Events
only
20 for all other events/groups
B-6
Special Events are NOT PERMITTED at the following sites (8-15).
Permits to be issued only for Free Speech Special Events at locations 8 through 15 that are likely to meet or
exceed the attendance thresholds as indicated below.
No events exceeding the attendance thresholds are permitted at these locations.
Events may not (a) exceed the attendance threshold; (b) use amplified sound, (c) interfere with traffic, ingress or
egress; or (d) use structures that require health & safety inspections.
City sponsored and mission-aligned events, such as a park or beach cleanup, are allowed.
Location Attendance Threshold Free
Speech
Special
Event
Threshold
Maximum Attendance All Events
8. Palos Verdes Nature
Preserve:
No Special Event permit available.
Maximum event/group attendance:
20 people
Not a
permissible
use in the
Preserve
20
Preserve Note: Hikes, nature walks, and park clean-ups are permitted under the NCCP/HCP.
9. Del Cerro Park No Special Event permit available.
Maximum event/group attendance:
60 people.
50 200 for Free Speech Events only
50 for all other events/groups
10. Frank S. Vanderlip
Park
No Special Event permit available.
Maximum event/group attendance:
50 people.
50 200 for Free Speech Events only
50 for all other events/groups.
11. Abalone Cove picnic
area and
preschool/lifeguard area
No Special Event permit available.
Maximum event/group attendance:
50 people.
50 200 for Free Speech Events only
50 for all other events/groups
12. Marilyn Ryan Sunset
Park
No Special Event permit available.
Maximum event/group attendance:
50 people.
50 200 for Free Speech Events only
50 for all other events/groups
13. Founders Park No Special Event permit available.
Maximum event/group attendance:
60 people.
50 200 for Free Speech Events only
50 for all other events/groups
14. Grandview Park No Special Event permit available.
Maximum event/group attendance:
50 people.
50 200 for Free Speech Events only
50 for all other events/groups
15. Pelican Cove Park No Special Event permit available.
Maximum event/group attendance:
50 people.
50 200 for Free Speech Events only
20 for all other events/groups
B-7
12.20.050 Exemptions and waivers.
A. City-partnered events do not require Special Event Permits; however, they will still
need to be in compliance with all City Council approved documents and
regulations.
B. Permits for mission-aligned events, as well as for nonprofit and educational events,
may be subject to reduced or waived fees , as determined by City Council
resolution.
C. The PVPLC shall follow the guidelines for Permissive Activity Request for events
or activities as defined in the Management Agreement with the City (i.e., events
over 100 people). For all other events or activities that comply with the definition
of Permissive Activity and are consistent with the NCCP/HCP, the PVPLC is not
required to obtain a permit nor pay a fee.
12.20.060 Special Event Permit application.
A. Special Event Permit Application Required. An application must be submitted to the
City by the Special Event Sponsor along with an application fee and an
administrative review fee (if applicable) in the amounts established by City Council
resolution.
An Indigent Person who is unable to pay the application fee due to such indigence
may not be required to pay the fee in accordance with administrative regulations
or guidelines adopted pursuant to this chapter. Application for indigent status shall
be made at the time of submission of the permit application and shall be
accompanied by such relevant information and documentation as may, in the
opinion of the Task Force Chairperson, be reasonably necessary to verify such
status.
B. Application Form and Contents. An application for a Special Event Permit shall be
on a City form and signed by the Applicant who is at least 18 years of age, and
contain all of the following information:
1. The name, address, email address, and daytime telephone number of each
of the following:
a. The Applicant and the Sponsor, if different from the Applicant (also
include evening telephone number),
b. An alternate person to contact if an emergency arises and the
Applicant is unavailable (also include evening telephone number),
c. If applicable: the president, chair or other head of the sponsor
organization; nonprofit documentation (also include written
documentation of the authority under which the Applicant is applying
on behalf of the organization), and
B-8
d. The person who will be present and in charge of the event on the day
of the event and their contact information during the event.
2. The requested event date, including the dates and times for set-up and
clean-up, and the starting and finishing time of the event. Also include two
alternative dates.
3. The estimated number of participants.
4. A site plan identifying the proposed event and staging locations, including
specific street closures or street routes, if any, or park area requested and
parking areas.
5. A site map showing emergency exit routes.
6. Any City equipment or personnel requested.
7. A description of the planned event.
8. A description of how the event will be promoted and any prior history of
promotions for similar events, including references.
9. The proposed distribution or sale of any food or beverage, including
alcoholic beverages. If alcoholic beverages are included, provide all
applicable licenses and registrations allowing the sale of alcoholic beverages
at the event.
10. The type and estimated number of vehicles, animals, or structures that will
be used.
11. A description and location of any sound amplification equipment proposed to
be used.
12. The location of electrical generators, stages, tents, canopies, cooking
apparatus and lights.
13. The location of mechanical rides, jump houses, or other amusement
attractions.
14. The location of any water, first aid, or comfort station(s) to be provided.
15. For each application for a parade: (i) the time when the units of the parade
will begin to assemble, (ii) the proposed assembly point for the parade, (iii)
the proposed parade route, (iv) the interval space to be maintained between
units of the parade, and (v) the number, type and size of floats or other
vehicles.
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16. For a commercial or Mixed Free Speech event, a layout showing the
locations of booths, stages, audience, tables and chairs, food court, portable
bathrooms, emergency exits.
17. A preliminary security plan and any monitors to be employed during the
event.
18. Any other information which the Task Force reasonably requires to evaluate
the particular Special Event Permit application. In addition, the Task Force
can waive application requirements that the Task Force determines are
inapplicable.
19. A parking and transportation plan as deemed necessary by the Task Force,
based on the anticipated number of participants and the availability of
parking at the proposed location.
20. For Recurring Events, the Applicant shall also include the following
information:
i. The frequency of the proposed recurring event, including if
available a schedule with proposed dates and times. Proposed
schedules may be submitted as soon as available, but no later than
15 days prior to the start of the events.
ii. The minimum and maximum number of participants for each event.
12.20.070 Processing of Special Event Permit applications.
Special Event Permits will be processed based on the following:
A. Submission timelines.
1. Special Events. An application for a Special Event Permit shall be filed at
least 30 days prior to the date of a proposed Special Event with anticipated
attendance smaller than 100 participants, and at least 90 days prior to the
date of a proposed Special Event with anticipated attendance over 100
participants.
2. Hikes and nature walks. Notwithstanding anything to the contrary in
Subsection A.1, above, Special Event Permit applications for hikes and
nature walks in the Preserve or any of the City’s trails may be submitted
15 days prior to the proposed event.
3. Recurring Special Event Permits. Notwithstanding anything to the contrary
in Subsection A.1, above, a Special Event Permit application for recurring
events must be submitted no later than 90 days prior to the start of the
Recurring Special Events. These permits shall only authorize the same
type of recurring event during the year, and is not intended to be a blanket
event permit for the Applicant or Sponsor.
B-10
4. Requested dates and times at specific locations shall be reserved on a
first come first served basis. If the date or time requested is not available,
the Chairperson shall inform the applicant within 5 business days and
shall suggest alternative dates and times. Applications for events
occurring more than 12 months from the date of the application shall not
be accepted.
B. The Task Force or Chairperson shall meet with the Applicant or Sponsor to review
the application to determine whether additional information is required and discuss
applicable conditions and potential security fees.
C. The Task Force shall make a decision on the application, set any conditions and
fees, and issue the permit. For Special Events with anticipated attendance up to
100 participants, a decision on the Special Event Permit shall be made by the Task
Force no later than 10 calendar days following the submission of a completed
application. For Special Events with anticipated attendance over 100 participants, a
decision on the Special Event Permit shall be made by the Task Force no later than
30 days following submission of a completed application.
D. In deciding whether to approve, or approve with conditions, the Task Force shall
make each of the following findings:
1. The Special Event, as proposed, does not pose a threat to health and
safety.
2. The use of sheriff and/or fire resources to support the event will not deny
reasonable sheriff and fire protection to the City.
3. The Special Event will not adversely interfere with previously City-approved
and/or scheduled construction, maintenance or other activities.
4. The Special Event will not adversely impact the health or safety of
surrounding properties; or the impacts can be significantly mitigated by way
of reasonable permit conditions. Adverse impacts include, but are not limited
to, noise, traffic, parking, trash, and damage to public property,
infrastructure, or facilities.
5. There will be negligible adverse impact on the condition of parks and open
space areas; proposed mitigation by the event Sponsor will be considered.
6. The Special Event shall not adversely impede the public’s reasonable use of
City streets, sidewalks, walkways, trails, and City parks.
7. The Special Event is in compliance with the attendance and other event
limitations as indicated in Table 12.20.040-1.
B-11
E. Conditions.
1. The Task Force may include in a Special Event Permit reasonable terms or
conditions as to the time, place, and manner of the event, notice
requirements, compliance with health and sanitary regulations, emergency
services, security payment of the Special Event Permit fee, reimbursement
of direct expenses incurred by the City, and a clean-up/damage deposit.
2. Additional permits or security fees may be required by other state or federal
agencies or federal, state, or local laws.
3. In order to accommodate other concurrent events, the rights of abutting
owners and the needs of the public to use streets or parks, the conditions
may include, but not be limited to, reasonable adjustments in the date, time,
route or location of the proposed event; accommodations of pedestrian or
vehicular traffic using the street; accommodations of public access to City
parks, the Palos Verdes Nature Preserve, and the City’s trails; and
limitations on the duration of the event.
4. A notice issued by the City for a Special Event Permit shall be mailed to
property owners located within a 500 foot radius of a fixed event site, a
parade route, or a run/race route describing the event and inviting the public
to comment. The Applicant shall cover the cost, including postage, for the
notice. The notice shall be mailed by first class mail at least 10 calendar
days before the date of a Small Event, and at least 20 calendar days before
the date of a Large Event.
5. Conditions relating to the use of amplified sound to minimize the interference
with the quiet enjoyment of neighboring properties.
6. Conditions relating to maintaining the public property in the same or better
condition after the Special Event. Conditions may address collection of trash,
access to rest facilities, prohibiting access to protected habitat, etc.
7. The Task Force may require a Special Event Permit Sponsor to reimburse
the City for the cost of repairs or habitat remediation needed because of the
Special Event.
F. Recurring Events. The Special Events Task Force may require a trial period before
approving all planned events. In no case shall recurring events be authorized for
more than one year at the time of application.
G. An application for a Special Event Permit can be denied on any of the following
grounds:
1. Applicant’s provision of false or misleading information;
2. Conflict with other planned events in the area;
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3. Previous Special Event Permit violations by the Applicant or sponsor;
4. Inability to make all the findings for approval set forth above;
5. Exceeding special event attendance limits for a particular location; or
6. The location or park site requested is not eligible for special events.
H. CEQA Review. The Task Force will designate a staff person knowledgeable in the
California Environmental Quality Act to perform an environmental review of the
proposed special event.
12.20.080 Free Speech Special Event Permit application.
A. The following application procedures apply to a Free Speech Special Event only.
Parades and Mixed Free Speech Events shall be subject to the Special Event
Permit provisions of Section 12.20.040 through 12.20.070.
B. A Free Speech Special Event requires a Free Speech Special Event Permit when:
1. The proposed event may impede, obstruct, impair or interfere with the free
use of any public street, highway, alley, sidewalk, or other public right-of-
way, or with ingress or egress to the same; or
2. The proposed event may exceed the maximum attendance without permit
for the location of the event provided for in Table 12.20.040-1.
3. Notwithstanding anything to the contrary in this chapter, a Free Speech
Special Event Permit is not required for Spontaneous Events. The Sponsor
of a spontaneous event shall provide the Task Force with advance
notification to the extent practicable, as well as the following information: the
type of event; the date, time, and duration of the proposed event; the
location of the event and/or route, including which public spaces or public
right-of-ways may be obstructed or closed; and anticipated participation.
Spontaneous Events at particular locations may not be held that exceed the
maximum occupancy for that location, as provided for in Table 12.20.040-1.
C. A Free Speech Special Event application shall include the following information:
1. A description of the proposed event;
2. The street or other public property and the specific area or areas thereof to
be utilized in connection with the proposed event;
3. The manner in which the public property will be utilized;
4. The date or dates and the specific times of the proposed event, including
set-up and tear-down;
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5. The name, address and telephone number of the sponsor of the proposed
event;
6. The name, address and telephone number of the person or persons to be
contacted regarding the application or the permit.
7. Anticipated participation, including any animals that may be in attendance.
D. Timing of application. The Applicant shall file a complete application for a Free
Speech Special Event Permit with the Task Force Chairperson as soon as
possible, but no later than 5 business days before the proposed event. The Task
Force shall review the Free Speech Special Event Permit application to establish
reasonable conditions to address health and safety only, notification of the decision,
and appeal from the decision.
E. Task Force’s Decision. The Task Force shall render a decision in accordance with
the findings set forth herein within two business days following the filing of the
completed application.
1. The event, as proposed, will not pose a threat to health and safety;
2. The use of sheriff and/or fire resources to support the event will not deny
reasonable sheriff and fire protection to the City;
3. The event will not interfere with previously City-approved and/or scheduled
construction or maintenance, or with a previously permitted special event;
4. No consideration was given to the message of the event, the content of
speech, the identity or associational relationships of the Applicant, or to any
assumptions or predictions as to the amount of hostility which may be
aroused in the public by the content of the speech or message conveyed by
the event.
5. The event is in compliance with the attendance and other limitations as
provided in Table 12.20.040-1.
6. There will be minimal or no adverse impact on the condition of parks and
open space areas, proposed measures to mitigate any adverse impacts
shall be taken into consideration.
F. Notification of Decision. The Task Force Chairperson shall notify the Applicant in
writing (and orally, if possible) of the decision, including a statement of the reasons
for any conditions or the grounds for a denial. If a change in the time or location of
the proposed event would allow approval of the application, the Chairperson shall
propose an alternative to the Applicant. Any conditions shall be directed
G. Applicant’s Acceptance. The Applicant shall notify the Chairperson in writing of their
acceptance forthwith after written notice of the decision. Once the Applicant
submits a written acceptance of the Task Force’s decision, the Free Speech
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Special Event Permit shall be approved and the Chairperson shall notify the City
Council and the City Manager that the permit has been issued.
H. Free Speech Special Events will not be required to comply with any of the
following as a condition of receiving a permit:
1. Any fee or charge required by the City.
2. Any insurance or proof of insurance covering the Free Speech Event, its
organizers, or participants, including the requirements of Section 12.20.150.
3. Any requirement of indemnification or agreement to hold harmless, including
the requirements of Section 12.20.140.
I. Appeal. Any decision relating to the issuance of a Free Speech Special Events
Permit may be appealed to the City Manager. The appeal must be in writing and
must be submitted to the City Manager’s Office within two business days of the
Task Force’s decision. The City Manager shall decide the appeal within one
business day. The City Manager’s decision shall be final.
J. Judicial Review. Decisions regarding a Free Speech Special Event Permit are
eligible for expedited judicial review pursuant to Section 1094.8 of the Code of Civil
Procedure.
12.20.090 Special Event Task Force.
A. A Special Event Task Force is hereby created to carry out the provisions of this code
relating to permits for Special Events, Free Speech Special Events, and Mixed Free
Speech Special Events (collectively, Special Events), is comprised of representatives
of City departments, including, but not limited to, the following departments: Public
Works, Community Development, and Parks and Recreation. The Task Force may
also invite representatives from other City departments, public agencies, or
community or neighborhood organizations to provide comments on proposed special
events. Examples of such agencies/organizations include, but are not limited to the
Los Angeles County Sheriff and the Los Angeles County Fire. The Chairperson of
the Task Force shall be a Department Director or the Deputy City Manager, as
designated by the City Manager. The Chairperson shall provide for maintaining Task
Force records, arranging meeting times and places, and issuing a Special Event
Permit on behalf of the Task Force.
B. The Special Event Task Force shall have the power to:
1. Interpret and administer this code;
2. Represent the City, in accordance with procedures adopted by the City
Manager, in discussions and in maintaining agreements with Applicant or
Sponsor;
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3. Coordinate with City departments and with other government agencies for the
provision of governmental services for such Special Events;
4. Establish terms and conditions, appropriate security fees and deposits, and
the time(s), place and manner of the Special Event;
5. Approve or deny Special Event Permits;
6. Adopt policies for administering this code as necessary.
12.20.100 Special Event Permit fees and charges.
A. Special Event Permit fees and charges are established by resolution of the City
Council. The application fee must be submitted with the application. Other costs for
City services shall be invoiced to the Applicant no later than 10 calendar days after
the expiration date of the permit. The Applicant shall pay all fees and charges within
30 calendar days of invoice otherwise late fees shall apply.
B. In addition to the payment of any applicable non-refundable permit application fees,
all Applicants or sponsors shall be responsible for paying for all City departmental,
Los Angeles County Sheriff, or Los Angeles County Fire service charges incurred in
connection with or due to the permittee’s activities under the permit.
12.20.110 Revocation.
A Special Event Permit can be revoked by the Task Force for any of the following reasons:
A. Failure to comply with any permitting requirements or conditions of approval;
B. Knowingly providing false, misleading, or fraudulent information;
C. Failing to pay required fees, charges, or deposits;
D. Failing to agree to the indemnification provisions or failing to provide proof of
insurance to the extent required; or
E. The event materially changes after a permit has been approved.
12.20.120 Enforcement.
A. Violations of this chapter shall be charged to the Applicant and/or Sponsor of the
event pursuant to Chapters 1.08 and 1.16 of this Code, as well as any other
remedies available to the City at law or equity.
B. In addition to the penalties provided for in Chapters 1.08 and 1.16 of this Code,
Sponsors, Applicants, or Participants of an event may be cited and/or ejected from
the public property for violations of this Chapter after notice and an opportunity to
cure the violation.
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12.20.130 Appeal.
A. A decision regarding a Special Event Permit application may be appealed in writing
to the City Manager within 10 calendar days of the Task Force’s decision for Large
Special Events and within 5 calendar days of the Task Force’s decision for Small
Special Events.
B. The City Manager shall make a decision on the appeal within 10 calendar days of
receipt of the appeal for Large Special Events and within 5 calendar days of receipt
of the appeal for Small Special Events.
C. The decision of the City Manager shall be final, and is subject to judicial review
pursuant to Section 1094.5 and 1094.6 of the Code of Civil Proce dure.
12.20.140 Hold harmless.
As a condition to the issuance of any permit under this chapter, the Applicant/Sponsor
shall agree to defend, indemnify, and hold harmless the City, its elected and appointed
officials, employees and agents, against losses and liabilities incurred from the conduct
of the permittee, or its officers, employees, and agents, or claims or liabilities caused by,
or arising out of any activities authorized by any such permit.
12.20.150 Insurance requirements for special events.
The Applicant shall provide general liability insurance naming the City, its elected and
appointed officials, employees, and agents, as an additional ins ured. Limits of coverage
will be determined by the City Attorney’s office at the time of application. Certificates of
insurance are to be submitted to the City for approval 14 calendar days prior to the day
of the event. Acceptability of insurance is subject to approval by the City’s Risk Manager.
This requirement does not apply to Free Speech Events.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this Ordinance or the application thereof to any person or
place, is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remainder of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance,
and each and every section, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE. This ordinance shall be effective on the thirtieth
(30th) day after the day of its adoption.
SECTION 5. CERTIFICATION. The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be posted in the manner required by law.
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PASSED, APPROVED and ADOPTED this ___ day of ________________ 2019.
Jerry V. Duhovic, Mayor
ATTEST:
Emily Colborn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. , was duly and regularly adopted by the City Council of said
City at a regular meeting thereof held on and that the same was passed and adopted by
the following roll call vote:
AYES:
NOES: None
ABSENT: None
ABSTAIN: None
______________________________
City Clerk
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