Laguna Woods Municipal Code Ch. 7.20 Special Events

The purpose and intent of this section is to ensure conformance with zoning regulations and protect public health, safety and welfare by regulating special events in order to ensure that they do not cause detrimental effects to City property and services, surrounding properties, the environment and the community.

(Ord. No. 11-07, § 5, 12-7-2011)

(a) Special events. For the purpose of this section, the term "special event" shall refer to any short-term temporary gathering, assembly, rally, procession, festival, parade, carnival, open-air market, contest, spectator sport competition or exhibition, or similar activity that meets one or more of the following criteria:

(1) Occurs partially or completely on any City-owned property.

(2) Occurs partially or completely on any parking lot in any zoning district.

(3) Occurs partially or completely outdoors in any commercial zoning district, excluding outdoor spaces duly permitted to host temporary gatherings.

(4) Involves use or display of any one or more of the following outdoors: (i) balloons or other inflatable objects or displays; (ii) mechanical, inflatable, or carnival-style rides or attractions.

(5) Can reasonably be expected to impede, obstruct, impair, or interfere with the normal use of public streets, sidewalks or other property.

(6) Can reasonably be expected to require public service or public safety resources beyond standard levels normally provided, including but not limited to traffic control, law enforcement, fire or other City services.

(7) Attendance can reasonably be expected to exceed available onsite parking.

(b) Days, business means any day excluding Saturday, Sunday, and State or Federal holidays.

(c) As used in this chapter, City Manager means the City Manager of the City of Laguna Woods, or his or her designee.

(Ord. No. 11-07, § 5, 12-7-2011)

Except as provided in Section 7.20.180, each person or entity wishing to conduct a special event shall first obtain a permit from the City. The City Manager shall be the reviewing and approval authority for all permits. No permit issued under the provisions of this section shall be transferable to another location or permittee.

(Ord. No. 11-07, § 5, 12-7-2011)

(a) Applications shall be submitted to the City no less than 15 business days prior to the event, and shall be acted upon by the City Manager within ten business days after the application so filed is determined by the City Manager to be complete. The 15-day application deadline may be waived or modified by the City Manager, in his or her discretion, for those applications he or she deems to be complete upon submission, and able to be processed and completed in sufficient time before the proposed special event, taking into account:

(1) The scope and nature of the proposed special event;

(2) The availability of City staffing resources to process the application in an expedited fashion; and

(3) The time required to secure the items likely to be required by the conditions to the permit in a timely fashion, given the proposed date of the special event.

(b) The City Manager shall issue the permit, if he or she finds all of the following:

(1) The special event application is complete, and contains all of the materials, including payment of fees and/or deposits, required by this section.

(2) The special event is planned and located in a manner that will not create health, safety, or welfare hazards to the participants of the special event or to the residents of the City generally.

(3) The proposed site is physically adequate for the special event being proposed.

(4) The special event is not incompatible with the land uses on the proposed site and the immediately surrounding area.

(5) Sufficient means of pedestrian and vehicular ingress, egress, parking and circulation will be provided.

(6) Sufficient arrangements have been made for staffing of the special event by the permit applicant to provide reasonable set-up of, conduct of, and cleanup after the proposed special event.

(7) Granting the permit will not conflict with any other special event previously permitted by the City for the same or closely proximate dates, in terms of providing public safety or other services.

(8) The permit applicant has not previously abused public property or failed to comply with the provisions of a special use permit, including but not limited to failure to comply with any of the general policies and rules governing the use of City property.

(Ord. No. 11-07, § 5, 12-7-2011)

Application materials and processing shall be as prescribed by the City, and shall include but not be limited to the following:

(a) Application form.

(b) Written approval of the owner or authorized agent of the property on which the special event is proposed to occur.

(c) A written description of the special event.

(d) A site plan showing the location of the special event and proposed activities, installations, access, parking and related features of same.

(e) A parking plan, demonstrating available parking and access routes to and from such parking.

(f) Application fees prescribed by resolution of the City Council.

(g) Proof of liability and property damage insurance consistent with Section 7.20.060, to the extent permitted by law.

(h) Indemnification, defense, and hold harmless agreement consistent with Section 7.20.070.

(i) Security deposit for use of public property (if applicable) consistent with Section 7.20.080.

(j) Identification of a contact person responsible for overseeing the event for the permit holder, including mobile phone, e-mail, or other contact information allowing for immediate contact of such contact person at all times during the occurrence of the special event.

(Ord. No. 11-07, § 5, 12-7-2011)

Except as prohibited by law, the applicant shall, prior to the issuance of a permit, submit to the City a certificate and endorsement of insurance issued by an insurance company authorized to do business in the State of California and having a policyholder's rating of "A" (excellent) or better, and a financial rate of "X" or better in "Best's Insurance Reports—Fire and Casualty," or by a company approved in writing by the City's risk manager, which shall evidence the fact that the applicant has in full force and effect a comprehensive general liability and property damage insurance policy covering every activity of the proposed special event. The amount of such insurance shall be in amounts to be determined by the City's risk manager, based on policies and directives as the City may from time to time establish considering the size, scope, and nature of the event. Said documents shall name the City, its officers, agents, employees and volunteers as additional insureds and shall indicate that the insurance is primary and any insurance which may be carried by the City shall be considered as excess thereto. The certificate and endorsement shall also indicate that the policy of insurance cannot be modified or canceled by the insurance carrier without at least 30 days' prior written notice to the City. Any certificates and endorsements shall be subject to approval by the City as to form, content, and financial ability of the insurer.

(Ord. No. 11-07, § 5, 12-7-2011)

Prior to the issuance of a special event permit, the applicant shall provide the City with an executed hold-harmless agreement in a form approved by the City's risk manager, which shall substantially state that the applicant agrees to indemnify, defend and hold the City of Laguna Woods and its elected and appointed boards, officials, officers, agents, employees, and volunteers harmless and free from any liability, penalty, expense or loss of any nature, including but not limited to liability for damage or injury to any persons or property resulting from, arising out of, or in any way connected to the special event.

(Ord. No. 11-07, § 5, 12-7-2011)

(a) Except as otherwise prohibited by law, a security deposit shall be required to accompany all special event permit applications for events that will occur on public property. The amount of the security deposit shall be as determined from time to time by resolution of the City Council, and shall be secured by a cash deposit or surety bond payable to the City.

(b) The security deposit shall be refundable to the permit applicant on full compliance with the provisions and requirements of this section. Failure to comply with any provision or requirement of this section shall result in the applicant's forfeiture of the security deposit, and the charging to the permit holder of any reasonable fines, fees, or expenses associated with acts of noncompliance. In the event that the permit applicant fails to remove or cause to be removed any equipment, supplies, or temporary facilities or structures placed or erected in connection with the special event, and the City removes same after reasonable notice to the permit holder of its obligation to do so, notice shall be given to the applicant indicating that the City has removed such and that they will be destroyed and/or will become the property of the City within 30 calendar days of such notice if neither the applicant nor any authorized agent of the same has retrieved them from the City prior to the expiration of the 30-day period. The City may charge the special event permit holder the City's actual reasonable costs of any removal or storage of such facilities or structures. All notices shall be sent to the applicant's address as provided on the special event permit application.

(Ord. No. 11-07, § 5, 12-7-2011)

The applicant shall pay for the actual costs of police, fire, public works or other City services made a condition of the permit, or otherwise directly incurred by the City in connection with the event, as well as applicable overhead rates.

(Ord. No. 11-07, § 5, 12-7-2011)

The special event permit must be posted at the special event location in a conspicuous place, and a copy thereof must be in the possession of the person responsible for the on-site supervision of the special event throughout the event. The permit must be made available for inspection by any City or other government official upon request.

(Ord. No. 11-07, § 5, 12-7-2011)

The City Manager shall have the right to enter special events, unannounced, for the purpose of making reasonable inspections to observe and enforce compliance with this chapter, the conditions of the special event permit, and any applicable laws or regulations.

(Ord. No. 11-07, § 5, 12-7-2011)

The City Manager may deny or revoke a special event permit if any of the following are found to exist. Such denial or revocation shall become effective immediately upon notice to the permit holder's contact person, and in the event of revocation, the City Manager may thereupon take immediate measures, including but not limited to utilizing police, public safety, or public works resources, to terminate the non-complying special event.

(a) The event conflicts with this section or any other local law or regulation.

(b) The applicant fails, neglects, or otherwise refuses to fulfill one or more of the conditions imposed upon the granting of the permit.

(c) The permit was obtained on the basis of materially false information or representations.

(d) The event will substantially disrupt public transportation or vehicular or pedestrian traffic, in the area of its location.

(e) The ability of persons to enter or exit properties impacted by the event will be unreasonably disrupted considering factors such as the duration, size and scope of the event.

(f) The event is proposed to be located, or is located, in or upon a premises, building or structure, substantially lacking adequate parking to accommodate both the event and the "day to day" use of the property.

(g) The event is scheduled to occur at a location or time in conflict with another event, where such conflict would adversely impact the other event or the City's ability to provide adequate services.

(h) The event will require the diversion of police, fire, public works or other City services from normal duties, so as to unreasonably reduce adequate levels of service to any other portion of the City.

(i) The event will have a substantial adverse impact on public health, safety or welfare, including but not limited to the environment.

(j) The event will take place in an area of the City scheduled for maintenance, monitoring, construction or repair and either (i) the conduct of the event would interfere with such maintenance, monitoring, construction or repair; or (ii) the maintenance, monitoring, construction or repair would represent a threat to the health, safety or welfare of event participants.

(Ord. No. 11-07, § 5, 12-7-2011)

Conditions may be placed on the issuance of special event permits to accomplish the purpose and intent of this section, compliance with which shall be at the sole cost and responsibility of the applicant. Conditions may relate to, but are not limited to, the following matters:

(a) Number of consecutive days of event.

(b) Location or route of event.

(c) Date or time of event.

(d) Length or composition of any procession or parade.

(e) Use of temporary signs.

(f) Use of sound systems.

(g) Use of first aid or sanitary facilities.

(h) Use of additional police, fire or other City services.

(i) Measures to promote cleanliness, encourage recycling of recyclable materials, prevention or removal of litter, and aesthetic appeal.

(j) Notification of adjacent property owners and occupants.

(k) Submittal of documentation by vendors conducting sales at the event, certifying compliance with Board of Equalization regulations.

(l) Additional permits or clearances (e.g., alcoholic beverage control, fire department, public health, etc.) as may be required by applicable Federal, State or local law, regulation, or administrative practice of the City.

(m) Provision of medical or sanitary facilities.

(n) Measures to prevent nuisance factors to surrounding properties, such as undue noise, light, glare, odors, smoke, or vibrations.

(o) Payment in full of any outstanding fines, administrative assessments, or delinquent fees or charges relating to any prior special use permit issued to the applicant.

(Ord. No. 11-07, § 5, 12-7-2011)

Special events shall be restricted as follows except as otherwise expressly noted herein:

(a) Special events shall be limited to a maximum of four per year, with no less than 30 calendar days between events, for any person or entity.

(b) Special events shall not exceed ten consecutive calendar days per event. A maximum of two additional days may be permitted for set-up and clean-up, respectively.

(c) Use of the name of the City to suggest the City is a sponsor of the special event, or use of City seal, in any of the advertising, marketing, or promotional activities for the special event are prohibited, without prior written approval from the City Manager.

(Ord. No. 11-07, § 5, 12-7-2011)

Special events shall be restricted as follows:

(a) Outdoor sales on commercial properties, with the exception of Christmas tree lots and pumpkin patches, shall be either directly related or accessory in use to the applicant's normal business activities. A building tenant's participation in a multi-tenant outdoor sale or exhibition shall count as a special event for that tenant in terms of event timing and frequency requirements.

(b) Exterior use of balloons may be permitted as an incidental or accessory use to a special event, except that planned or intentional releases are prohibited. The type, quantity, size, material and location is subject to the City Manager's approval and will be considered based on site constraints, sight line considerations and the protection of public health, safety and welfare. Use of metallic balloons is prohibited.

(c) Christmas tree lots may not initiate sales until the first Friday following Thanksgiving, and shall end no later than December 26 of the same calendar year. A maximum of eight additional business days for setup and three additional business days for cleanup may be permitted. Christmas tree lots shall not engage in the sale of any merchandise not directly associated with Christmas trees.

(d) Pumpkin patches may not initiate sales until October 1 and shall end no later than November 1 of the same calendar year. A maximum of eight additional business days for setup and three additional business days for cleanup may be permitted. Pumpkin patches shall not engage in the sale of any merchandise not directly associated with pumpkins.

(Ord. No. 11-07, § 5, 12-7-2011)

Subject to the City Manager's approval, temporary signs directly associated with a special event may be permitted by a special event permit at no additional charge to the applicant. Evaluation of requests for approval will consider site constraints, sight line considerations and the protection of public health, safety and welfare. Temporary signs must comply with Chapter 13.20 of this Code; however the City Manager can exercise discretion on the placement of temporary signs, provided that they comply with Sections 13.20.030 of this Code. Temporary signs permitted by a special event permit shall not count toward the applicant's maximum number of temporary signs allowed under Section 13.20 of this Code.

(Ord. No. 11-07, § 5, 12-7-2011)

Any decision regarding the approval, approval with conditions, denial, or revocation of a special event permit may be appealed to the City Council. Said appeal shall be made by a notice of appeal from the person appealing within 30 days from the date of the decision. The appeal shall be accompanied by a fee reasonably required to cover the City's costs in processing the appeal, which shall be established by resolution of the City Council, and a written declaration setting forth the basis for the claim that the permit was improperly approved, denied, conditioned or revoked. Filing of an appeal shall suspend the issuance or effectiveness of the associated special event permit until action is taken on the appeal.

(Ord. No. 11-07, § 5, 12-7-2011)

The following temporary gatherings and parades do not require issuance of a special event permit:

(a) In-home activities that are incidental or accessory to the use of homes, including private social gatherings.

(b) Garage, yard and estate sales involving four or fewer households.

(c) Lawful gatherings or assemblies conducted in accordance with all applicable laws, solely for engaging in political or other speech protected by the First Amendment of the United States Constitution; Article 1, Section 2 of the State Constitution; or other Federal or State law, including but not limited to lawful demonstrations, rallies, or protests. Only protected conduct is exempt from issuance of a special event permit.

(d) Funeral processions.

(e) Events sponsored in whole or in part by the City occurring on City-owned property.

(f) Functions that occur in residential, open space, or community facilities zoning districts that may otherwise be considered inconsistent with the zoning district or zoning regulations applicable to the property provided that (i) the event is infrequent in occurrence; (ii) the length of the function does not exceed six hours each day for not more than two days; (iii) legally established occupancy levels are adhered to; (iv) all activities take place indoors or on attached, enclosed patios; and (v) there is no exterior use of balloons or outdoor signage requiring a sign permit.

(g) Emergency public health, safety or welfare activities.

(Ord. No. 11-07, § 5, 12-7-2011)

Nothing in this section is in any way limits or excuses any person from having to comply with any other provision of this Code.

(Ord. No. 11-07, § 5, 12-7-2011)

This section is not intended to be exclusive and compliance with its provision shall not excuse noncompliance with any other local laws or regulations, or federal or state laws or regulations

(Ord. No. 11-07, § 5, 12-7-2011)