Rancho Palos Verdes Municipal Code Ch. 12.20 Special Event Permits

This chapter shall be known as the "special event permits ordinance."

(Code 1981, § 12.20.010; Ord. No. 624, § 2, 9-17-2019)

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 chapter 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 and 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.

(Code 1981, § 12.20.020; Ord. No. 624, § 2, 9-17-2019)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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 their authorized agent who completes the permit application and acts as primary contact for a special event.

City manager means the city manager of the City of Rancho Palos Verdes and shall include their designee.

City-partnered event means an event organized and run by a nonprofit organization in conjunction with the city, where the city provides sponsorship or partnership and retains control over how the events 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.

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 Calif. Const. art. 1, § 2.

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 and 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 (Welfare and Institutions Code §§ 12200—12204), the California Work Opportunity and Responsibility to Kids Act (CalWORKs) program (Welfare and Institutions Code div. 9, pt. 2, ch. 2—Welfare and Institutions Code § 11200 et seq.), the Food Stamp program (7 USC 2011 et seq.) or Welfare and Institutions Code § 17000;

(2) A person whose monthly income is 125 percent 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) An outdoor theater;

(iii) An art fair.

NCCP/HCP means the March 2018 City of Rancho Palos Verdes Natural Community Conservation Plan/Habitat Conservation Plan.

PVPLC means the Palos Verdes Peninsula Land Conservancy.

Parade means a public procession, typically celebrating a special day or event and including marching bands and floats, in the public right-of-way.

Public property means and includes all city-owned or -controlled real property, including, but not limited to, streets and sidewalks, parks, the Palos Verdes Nature Preserve, and facilities, as well as any easements over private property for the benefit of the public.

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).

(v) Parades.

(vi) Any mixed free speech special event.

(vii) Any event above the attendance threshold provided for in table 12.20.040-1.

(viii) Any event that:

(a) Will use amplified sound;

(b) May interfere with traffic, ingress, or egress; or

(c) Will use structures or equipment that require health and 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 four 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.

(Code 1981, § 12.20.030; Ord. No. 624, § 2, 9-17-2019; Ord. No. 659, § 2, 8-2-2022)

A. Special events on public property require a special event permit, pursuant to sections 12.20.060 (Special event permit application) and 12.20.070 (Processing of special event permit applications). 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 (Free speech special event permit application). All permits will be in compliance with all city council approved documents and regulations.

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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 and safety inspections.

City-sponsored and mission-aligned events, such as a park or beach cleanup, are allowed.

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 and safety inspections.

City-sponsored and mission-aligned events, such as a park or beach cleanup, are allowed.

(Code 1981, § 12.20.040; Ord. No. 624, § 2, 9-17-2019)

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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.

(Code 1981, § 12.20.050; Ord. No. 624, § 2, 9-17-2019)

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

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 stations 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.

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:

a. 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.

b. The minimum and maximum number of participants for each event.

(Code 1981, § 12.20.060; Ord. No. 624, § 2, 9-17-2019)

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) of this section, 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) of this section, 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. Reserved dates and times. 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 five 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 ten 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.

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 ten 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. The 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.

(Code 1981, § 12.20.070; Ord. No. 624, § 2, 9-17-2019)

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 sections 12.20.040 (Special event permit required) through 12.20.070 (Processing of special event permit applications).

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.

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 rights-of-way 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;

5. The name, address and telephone number of the sponsor of the proposed event;

6. The name, address and telephone number of the person 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 five 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 to addressing health and safety concerns only.

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 (Insurance requirements for special events).

3. Any requirement of indemnification or agreement to hold harmless, including the requirements of section 12.20.140 (Hold harmless).

I. Appeal. Any decision relating to the issuance of a free speech special event 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 Code of Civil Procedure § 1094.8.

(Code 1981, § 12.20.080; Ord. No. 624, § 2, 9-17-2019)

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 county sheriff and the 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, place and manner of the special event;

5. Approve or deny special event permits;

6. Adopt policies for administering this Code as necessary.

(Code 1981, § 12.20.090; Ord. No. 624, § 2, 9-17-2019)

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 ten 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, county sheriff, county fire service charges, or other related fees or charges incurred in connection with or due to the permittee's activities under the permit.

(Code 1981, § 12.20.100; Ord. No. 624, § 2, 9-17-2019)

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.

(Code 1981, § 12.20.110; Ord. No. 624, § 2, 9-17-2019)

A. Violations of this chapter shall be charged to the applicant and/or sponsor of the event pursuant to chapters 1.08 (General penalty) and 1.16 (Administrative penalties), 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 (General penalty) and 1.16 (Administrative penalties), 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.

(Code 1981, § 12.20.120; Ord. No. 624, § 2, 9-17-2019)

A. A decision regarding a special event permit application may be appealed in writing to the city manager within ten calendar days of the task force's decision for large special events and within five calendar days of the task force's decision for small special events.

B. The city manager shall make a decision on the appeal within ten calendar days of receipt of the appeal for large special events and within five 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 Code of Civil Procedure §§ 1094.5 and 1094.6.

(Code 1981, § 12.20.130; Ord. No. 624, § 2, 9-17-2019)

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.

(Code 1981, § 12.20.140; Ord. No. 624, § 2, 9-17-2019)

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.

(Code 1981, § 12.20.150; Ord. No. 624, § 2, 9-17-2019)