San Clemente Municipal Code Ch. 12.34 Special Event Permits

The intent of this chapter is to provide a framework for permitting special events. The use of City property, including parks, public rights-of-way, streets and sidewalks, or other City-owned or controlled property, by large groups causes wear and tear on turf, park equipment, and facilities, and requires City staff time to provide support services, such as traffic control. These events can also limit the public's access to and enjoyment of public property, especially those properties designed to provide a wide range of creative, safe and enjoyable recreational opportunities for persons of all ages, abilities, and financial status. Such uses can also subject neighboring residents and businesses to noise and traffic. Therefore, the purpose of this chapter is to ensure that special events are conducted so as not to violate any other ordinance or regulation of the City, or, unreasonably restrict the larger public's use and enjoyment of public places, cause detrimental effects to surrounding properties and the community at large. It is the intent of the City to protect the rights of the people to engage in expressive activities in the City's public places, as well as to regulate the time, place and manner of these activities in a reasonable and minimally restrictive fashion.

The provisions of this chapter do not supplant or alter the business license requirements of Title 5 of this code, the temporary use permit requirements of Title 17 of this code, the special activity permit or temporary outdoor use requirements of Sections 17.16.155 and 17.28.295 of this code, or the City's facility rental requirements.

(Ord. No. 1717, § 3, 10-19-2021)

"Air-medical operations permit" means a permit issued by the fire chief or his or her designee, allowing the landing and takeoff of EMS air rescue or air ambulance helicopters for the purposes of special event stand-by services.

"Amplified Sound" means sound whose volume has been made louder by any electric, electronic, mechanical, or motor-powered means using equipment like speakers, sound systems, stereos, or bullhorns.

"Applicant" means the person, corporation, association, partnership or other legal entity submitting the application for a permit.

"Chief of Police Services" means the City's Chief of Police Services, or his or her designee. In all instances where this term appears in this chapter, "Chief of Police Services" includes his or her designee, except where the context clearly requires a different meaning.

"City" means the City of San Clemente.

"City property" means property owned or controlled by the City, including, but not limited to, parks, City beaches, parking facilities, and public rights-of-way (including streets and sidewalks).

"City Manager" means the City Manager of the City or his or her designee, except where the context clearly requires a different meaning.

"Departmental service charges" means the actual costs which a department of the City incurs in connection with activities for which a permit is required under this chapter, including, but not limited to, costs associated with fire safety, traffic and/or pedestrian control, water safety, the closure of streets or intersections, additional police protective services, the diverting of traffic, the salaries of City personnel involved in administration or coordination of City services for the event, the cost to the City to provide support personnel, equipment, materials and supplies and related City costs, such as fringe benefits or employee overtime, or other support activities typically provided by City staff for special events, such as event-vehicle escorts, posting notice of pending closures at the site of events, initial event set-up inspections, and providing permit-compliance patrols during the event. "Departmental service charges" excludes the cost of law enforcement to protect participants and observers in special events.

"Event organizer" means any person who conducts, manages, promotes, organizes, aids, or solicits attendance at a special event.

"Expressive activity" means conduct protected by the First Amendment of the United States Constitution or Chapter 1, Section 2 of the California Constitution, which conduct is the principal purpose of the event. Expressive Activity includes, but is not limited to, public oratory and the distribution of literature.

"Fire Chief" means the Orange County Fire Authority Fire Chief, or his or her designee, assigned to the City of San Clemente, except where the context clearly requires a different meaning.

"Indigent natural person" means a person eligible for relief and support in the County of Orange as an indigent person under California, Welfare and Institutions Code Section 17000 et seq., or as the/those section(s) is/are amended from time to time.

"Limited service charitable feeding operation" means an operation for food service to a consumer solely for providing charity that is conducted by a nonprofit charitable organization operating with a registration from the Orange County Health Officer, and whose food service is limited to the functions specified by State law.

"Medical operations permit" means a permit issued pursuant to the California Health and Safety Code, which gives the City the right to require and evaluate, modify, approve or reject the medical operations plan of any applicant wishing to conduct a special event within the City.

"Parade" means a parade, procession, march, demonstration, motorcade, promenade or pageant consisting of persons, animals or vehicles, or any combination thereof, traveling in unison and having a common purpose, design, destination or goal, which is conducted in, on, upon, or along any public street, sidewalk or other property owned or controlled by the City, or any portion thereof, which does not comply with normal and usual traffic regulations or control, or which may impede, obstruct, impair or interfere with the free use of such public street, sidewalk or other public property of the City.

"Permit" means a permit issued pursuant to this chapter for special events.

"Person" means any natural person, firm, association, joint venture, joint-stock company, partnership, organization, club, company, corporation, business trust or manager, lessee, agent, servant, officer or employee, or any of them, except where the context clearly requires a different meaning.

"Sidewalk" means the portion of a street, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel.

"Small City park" means one of the following City parks: Canyon View Park, Vista del Sol Park, Leslie Park, Park Semper Fi, and Parque Del Mar.

"Special event" means:

A. Any organized activity, or persons participating in an organized activity having a common purpose on City property for a duration of less than 30 calendar days and involving at any given time during such period 50 or more persons, or involving 20 or more persons in a small City park;

B. Any use of City property which is inconsistent with the permanent or ordinary use to which the property is dedicated or ordinarily used, and results in adverse impacts to public property, or the public's free use of public property because:

1. The activity is inconsistent with the occupancy levels for the subject property;

2. The activity involves the use of signs (as defined in Section 17.84.030 of this code), whether attached to public buildings, structures, ground, or landscaping, or, with the exception of activities meeting the definition of "Expressive Activity" (as defined in this chapter), handheld signs;

3. The activity includes the placement of temporary structures or devices attached to public property in any manner, or includes the use of temporary structures or devices of combined total area of more than 64 square feet;

4. The activity involves the use of amplified sound or is likely to result in noise with a sustained volume of more than 65 dB (A) for more than one hour or 80 dB (A) for any duration of time;

5. The intensity of the activity is likely to result in permanent or temporary damage to public buildings, structures, or landscaping, including, but not limited to, litter, turf damage, or any unsanitary conditions; or

C. Any organized activity, regardless of the number of persons involved, where goods or services are offered, with or without cost, to members of the public, whether directly associated with the event organizers or participants or not; or

D. Any event, regardless of the number of persons involved, requiring full or partial closure of, or impedes access to, any portion of the right-of-way, which occurs on a public street, sidewalk, alley, or other public right-of-way, and/or any event occurring on any public property or public right-of-way which is likely to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic, including access to path-of-travel or accessible facilities required by the Americans with Disabilities Act (ADA), access to public transit, public parking, public parks, public institutions, including Police and Fire stations and schools, public and private medical offices and hospitals, business access, or coastal or beach access or use.

The following list of examples is illustrative, but not determinative, of activities that may constitute "special events":

1. Motorized vehicle races or contests.

2. Non-motorized vehicle races or contests.

3. Carnivals, circuses, fairs, festivals, non-domesticated animal acts or exhibitions, and similar activities.

4. Any event with mechanical amusement rides.

5. Promotional or fundraising activities.

6. Parades.

7. Outdoor shows, movies, concerts and exhibitions.

8. Outdoor craft fairs, soapbox derbies, or other similar events.

9. Beach cleanups.

10. Surf competitions.

"Special event permit" means a permit issued for a special event pursuant to this chapter.

"Spontaneous special event" means a special event involving expressive activity, which is precipitated by news, circumstances or events coming into public knowledge fewer than 30 calendar days before the proposed spontaneous special event.

"Street" means a way or place, of whatever nature, publicly maintained and open to use by the public for purposes of vehicular travel. Streets include highways and alleys.

"Venue" means the specific property, area or site on which a special event occurs or for which a special event permit has been issued.

"Working day" means a day of the week on which City Hall is open to the public and conducts business. Saturdays, Sundays, weekdays on which City Hall is not open to the public, and City and federal holidays are not working days within the meaning of this chapter.

(Ord. No. 1717, § 3, 10-19-2021; Ord. No. 1785, §§ 4, 5, 12-10-2024)

A. .....It shall be unlawful for any person to conduct, operate, maintain, organize, promote, advertise, or sell or furnish tickets to any special event not expressly exempt under SCMC Section 12.34.040 without a special event permit. A copy of a valid special event permit is required to be posted in a conspicuous place on any structure within which the special event will be managed to the extent such place or structure exists, and in any and all cases, the person(s) responsible for on-site supervision or conduct of the special event shall have a copy or copies of the permit on their person at all times during the conduct of the special event and shall present such permit to staff of any City department upon request.

B. .....The City Manager, is authorized to issue permits pursuant to the procedures established in this chapter.

C. .....Issuance of a permit pursuant to this chapter does not obligate or require the City to provide City services, equipment or personnel in support of an event, although the City Manager may provide such services, equipment or personnel if such are reasonably available and the event organizer makes provisions to reimburse the City for the cost as required under this code or fee resolution of the City Council.

D. .....No permit issued under the provisions of this chapter shall be transferable or movable to another venue or another applicant, nor shall any permit allow any special event to occur at any time or date other than those specified on the issued permit.

E. .....Persons who desire to conduct, operate, maintain, organize, advertise, or sell or furnish tickets to more than one special event in a 12-month period may submit a single application for an annual permit covering all special events specified in the application. The application shall include the information required by SCMC Section 12.34.070 for each special event.

(Ord. No. 1717, § 3, 10-19-2021)

A special event permit is not required for:

A. Any event conducted pursuant to the following:

1. A temporary use permit issued by the Community Development Department as provided in Chapters 17.16 and 17.28 of this code;

2. A sidewalk vending permit issued by the Finance Department as provided in Chapter 5.50 of this code;

3. A street vending permit issued by the Finance Department as provided in Chapter 5.52 of this code; or

4. A filming permit issued by the Beaches, Parks & Recreation Department as provide in Chapter 5.44 of this code.

B. Any organized activity within the scope of a conditional use permit or other land use approval given or required for that use.

C. Any expressive activity on a City street, sidewalk, or park, that does not involve use of amplified sound, on condition that within 48 hours of such activity, or within such time is practicable for expressive activity that would otherwise constitute a spontaneous special event, any individual(s) or organization(s) leading or participating in such activity provides the City Manager with the information listed in subsections 12.34.070(A)(1), (3), (4), (5), (6), (13), and (21).

D. Funeral processions by a licensed mortuary or funeral home.

E. Activities conducted by a government agency acting within the scope of its authority.

(Ord. No. 1717, § 3, 10-19-2021; Ord. No. 1785, § 5, 12-10-2024)

A. .....An application for a permit required by this chapter shall be filed with the City Manager on a form furnished by, or acceptable to, the City Manager, and signed by the applicant under penalty of perjury. If the application is filed by an organization, the application shall be prepared, signed under penalty of perjury, and filed by an officer of such organization, who is not less than 18 years of age. An indigent natural person may only apply on their own behalf and not on behalf of another person, corporation, association, partnership or other legal entity if utilizing an application fee waiver issued pursuant to Section 12.34.080.

B. .....A completed application shall be filed not less than 60 calendar days prior to the beginning of the proposed special event, unless the event is a spontaneous special event. Further, if the City Manager finds that the application review is duplicative of the City's prior review of a substantially similar permit application or the size and scale of the special event suggest that review of the application will require less than one hour's staff time and the event will require minimal City oversight, the City Manager, in his or her discretion, may waive the 60-day filing requirement, subject to subsection (D) below.

C. .....An application will be deemed complete unless, within ten working days, the applicant is given written notice that the application is incomplete and told what information is missing, either in person or by a letter addressed to the applicant and deposited in the U.S. mail. Notwithstanding the City Manager's acceptance of a completed application, no special event date or venue shall be considered confirmed and no special event shall be allowed to commence until a special event permit is issued pursuant to SCMC Section 12.34.080.

D. .....No application filed for a special event proposed to take place fewer than 30 calendar days from the filing of the application will be accepted unless such special event is a spontaneous special event, subject to the following requirements:

1. An event organizer must give written notice to the City Manager at least 48 hours in advance of any proposed spontaneous special event. Such written notice must contain all of the following information:

(a) The name, address and telephone number of the person or persons seeking to conduct the spontaneous special event, which person or persons shall be considered the applicant for purposes of this subsection.

(b) The name, address and telephone number of the headquarters of the organization, if any, and of the organizer or responsible head of such organization by whom or on whose behalf the spontaneous special event is proposed to be conducted.

(c) The name, address and telephone number of the person who will chair the spontaneous special event and who will be responsible for the conduct of the participants.

(d) Information about the nature of the event, and a statement describing how it meets the definition of a "spontaneous special event" as defined in this chapter.

(e) The location and date of the spontaneous special event, including the assembly area, disbanding area, and the route to be traveled, if applicable.

(f) An estimate of the approximate number of persons the applicant anticipates will be participating in the spontaneous special event and an estimate of the approximate number of persons who will be observing the spontaneous special event.

(g) The times at which the spontaneous special event will officially begin and conclude.

(h) The type of security or other arrangements that will be provided to assure that participants are properly directed.

(i) The written notice shall be accompanied by a declaration under penalty of perjury demonstrating that the failure to submit a timely application was not within the applicant's control because the precipitating news, circumstances or events did not exist, or could not have been known to the applicant in time to file a timely application under this chapter.

2. The City Manager may impose reasonable time, place and manner restrictions on the spontaneous special event.

3. The City Manager may deny permission to conduct a spontaneous special event if he or she makes a written finding requiring denial pursuant to SCMC Section 12.34.080 within 24 hours of receipt of the application. If the City Manager makes a finding pursuant to SCMC Section 12.34.080, he or she shall immediately provide notice of the denial, including the reason or reasons for the denial, by telephone and in writing, to the applicant. In lieu of denial, the City Manager may propose to the applicant an alternative time, route, venue or manner of conducting the spontaneous special event which would be acceptable to the City and would obviate any finding made pursuant to SCMC 12.34.080. The City Manager's determination concerning a permit for a spontaneous special event shall be final and conclusive in the matter, and subject to appeal under California Code of Civil Procedure Section 1094.6 or 1094.8.

4. The applicant will be charged for the actual costs incurred for any increases in the cost of services attributable to the shortened review period. Such costs may include, but are not limited to, any staff overtime.

(Ord. No. 1717, § 3, 10-19-2021)

A. .....All applications shall be submitted with payment of a nonrefundable application fee established by resolution of the City Council, as may be amended from time to time, unless said special event is funded in full or in part by the City, or said fee is waived by the City Manager pursuant to subsection (B) below. Any application submitted without said application fee shall be deemed incomplete.

B. .....Any indigent person who cannot apply for a permit because of an inability to pay the required application fee due to such indigence shall not be required to pay said application fee set forth in subsection (A) of this section. 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 which may, in the opinion of the City Manager, be reasonably necessary to verify such status.

(Ord. No. 1717, § 3, 10-19-2021)

A. .....The application for all special events shall contain the following information:

1. The name, address, email address, and telephone number of the applicant, the event organizer and an alternative person who may be contacted if the event organizer is unavailable.

2. If partially located on private property, signed approval from the property owner acknowledging and consenting to conduct of the special event thereon.

3. If the applicant is an organization, the name, address, email address, and telephone number of the organization and the authorized head of the organization shall be provided. The person designated as the applicant by an organization shall provide written authorization from the organization verifying such designation.

4. The name, address, email address, and telephone number of the person who will be present and in charge on the day(s) of the special event.

5. A description of the nature or purpose of the special event for which the permit is requested and an estimate of the maximum number of persons who will be attending the special event and who will be observing the special event.

6. Date(s) and estimated starting and ending time(s) of the special event.

7. Location of the special event, including its boundaries, assembly point(s), disbanding point(s), the street or other public property, and the specific area or areas that will be utilized in connection with the proposed special event, or, if on private property, the business name, street address and telephone number at which the special event will be conducted.

8. The type and estimated number of vehicles, animals or structures that will be used at the special event.

9. The provision and/or operation of first aid or emergency aid stations at the special event.

10. The provision and/or operation of sanitary facilities, including handicap accessible sanitary facilities.

11. Whether any food or beverages, including alcoholic beverages, will be sold or distributed at the special event.

12. Where applicable, proof that the applicant or any associated operators, including those of identified vendors, exhibitors, subcontractors, consultants, or other partners involved with any aspect of the special event which require a business license from the City in order to provide such serves are duly licensed by the City.

13. Anticipated parking needed and parking plan for the special event.

14. A proposed plan for seating for the special event, if applicable, and the maximum legal occupancy of the proposed premises, if applicable.

15. A security plan, including the provision and use of traffic control devices, including traffic signs and signals, cones and barricades, for control of pedestrian and vehicular traffic. This plan shall also include the type of security or other arrangements that will be provided: (a) to ensure that participants are properly directed; and (b) to ensure the prevention of unlawful conduct by participants and attendees.

16. Whether sound amplification equipment will be used and a completion of the City's form for control of noise, including, but not limited to, the noise generated by amplification equipment, motors and other equipment that may affect nearby premises, with special attention to prevention of noise nuisance to nearby residences, if any, subject to the noise standards set forth in Chapter 8.48 and Section 17.24.055.

17. A detailed floor plan and site plan of the special event venue, showing, as applicable, the building interior and exterior grounds, including parking spaces, a free speech zone (if warranted by the size and scale of the special event), amusement ride location, seating arrangements, dance floor area, bar location, fire exits, and the dimensions of each portion within the layout of the special event.

18. A trash and litter collection and off-site disposal plan.

19. The manner of providing notice of the permit conditions to permit participants and those businesses or residents who may be directly affected by the conduct of the special event.

20. For special events involving the sale or distribution of food, proof of issuance of all valid registration and/or permits if required by the Orange County Environmental Health Division, including, but not limited to permits required for temporary food facilities, food booths, or limited service charitable feeding operations distributing potentially hazardous food which may require thawing, cooking, cooling, and reheating/hot holding.

21. Such other information pertaining to public health and safety that the applicant may wish to include.

22. The application form shall inform the applicant of his or her right to appeal the denial, or modification, of the special event application by the City Manager.

23. If a proposed special event requires full or partial street closures, the application shall detail, in addition to the above information, which streets are to be fully or partially closed, for how long, and whether the plan includes a free speech zone. Any such special event shall be subject to Section 12.34.130.

B. Medical Operations Permit. .....A medical operations permit shall be required for any special event where, in the opinion of the Fire Chief, it is essential for public safety in a place of assembly or any other place where people congregate, due to the number of persons participating in the special event or the projected impact to the emergency medical services system within the City. Where required, the applicant shall submit for approval to the Fire Chief a medical operations plan in accordance with the criteria established by the Orange County Fire Authority. This plan may require the permit applicant to employ one or more medically qualified persons, including medically trained fire department personnel, as required and approved, to be on duty at the special event venue. Such individuals shall be subject to the Fire Chiefs orders, at all times when so employed and shall be in uniform and remain on duty during times that such venues are open to the public, or when such special event is being conducted. Before the special event, such fire authority personnel shall inspect the required medical equipment to see that it is in the proper place and in good working order, and shall keep a diligent watch for medical emergencies during the time such special event venue is open to the public or such special event is being conducted. Special events that may require a special medical operations permit include, but are not limited to:

1. Any event in which specialized emergency medical services are provided above the level of advanced first aid, such as Emergency Medical Technician-1, paramedics, nurses, physician assistants, and/or physicians.

2. Any event, by the rules of the event, which requires the need to have contract emergency ambulance service providers or personnel on site in order to conduct such event, e.g., bicycle races or similar high-risk injury activities.

3. Any event utilizing standby air rescue or air ambulance services.

4. Any event the Fire Chief deems may adversely impact the City's ability to timely and adequately provide emergency medical services based upon:

(a) The location of the event;

(b) Projected event participation; or

(c) Any other applicable criteria.

C. Air-Medical Operations Permit Required. .....An air-medical operations permit shall be required for all special events utilizing standby air rescue or air ambulance services. The Fire Chief shall direct the landings and takeoffs of all EMS air rescue or air ambulance operations within the City. Standby public safety personnel may be required during landing or takeoff operations for safety and security reasons. An air-medical operations plan, if required, shall be submitted, subject to the approval of the Fire Chief to include the following information:

1. Name and contact information of the air rescue or air ambulance provider.

2. Contact person and information for air operations.

3. Type and size of aircraft.

4. Patient transport capability.

5. Level of medical staffing.

6. Frequency or list of frequencies available for ground-to-air contact.

7. Landing zone site and alternate landing zone site.

8. Security for landing zone site.

(Ord. No. 1717, § 3, 10-19-2021)

A. .....Upon receipt of a completed application, the City Manager shall refer the application to such appropriate City departments, as he or she deems necessary from the nature of the application, for review, evaluation, investigation and recommendations by the departments regarding approval or disapproval of the application and the estimated number of hours of service that will be incurred by each department in connection with the permit. The City Manager may refer the application to any outside agencies or organizations for consultation if, in the determination of the City Manager, those agencies or organizations may be affected by the proposed special event to obtain relevant comments or concerns about the application, or to determine if additional permitting from such agencies or organizations is required.

B. .....In determining whether to approve an application, no consideration may be 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 level or nature of emotion which may be aroused in the public by the content of speech or message conveyed by the event.

C. .....Within 15 working days of receipt of the City's determination that an application for a special event permit is complete, the City's review and investigation shall be completed, and the City Manager shall issue a permit, unless denial of the permit is mandated under SCMC Section 12.34.090. The City Manager shall notify the applicant of his or her action pursuant to SCMC Section 12.34.100.

D. .....The City Manager shall impose conditions on any permit issued pursuant to this chapter to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful or impermissible uses, protect the safety of persons and property, and to control vehicular and pedestrian traffic in and around the venue. The City Manager shall impose conditions on the special event permit to prevent negative impacts to surrounding persons and properties and to ensure compliance with provisions of the municipal code. The conditions shall be reasonable time, place and manner restrictions only and shall not be imposed in a manner that will unreasonably restrict expressive activity. Conditions may include, but are not limited to, the following:

1. The establishment of an alternate assembly or disbanding area for a parade, or similar event, within the pre-designated event routes established by the City Council pursuant to SCMC Section 12.34.130;

2. The accommodation of the special event's pedestrian and vehicular traffic, including restricting the special event to City sidewalks, portions of a City street, or other public rights-of-way;

3. Conditions designed to avoid or lessen interference with public safety functions and/or emergency service access;

4. The event shall comply with all applicable accessibility requirements, including, but not limited to, parking, walkways, ingress, egress, restrooms, ramps, seeing and hearing devices, etc.;

5. The number and type of vehicles, animals, or structures to be displayed or used in the special event;

6. The inspection and approval by City personnel of stages, booths, floats, structures, vehicles or equipment to be used or operated in the special event to ensure that such structures or vehicles are safely constructed and can be safely operated, and conform to the requirements of all applicable codes;

7. The provision and use of traffic cones or barricades in a manner and number established by standard conditions adopted by resolution of the City Council;.

8. The provision or operation of first aid stations or sanitary facilities, including handicap accessible sanitary facilities, in a manner and number established by standard conditions adopted by resolution of the City Council;

9. The provision of a waste management plan, and the cleanup and restoration of the special event venue, as established by standard conditions adopted by resolution of the City Council;

10. Restrictions consistent with Chapters 8.48 on the use of sound amplification equipment, and restrictions on the amount of noise generated by motors and other equipment used in the course of the special event;

11. The obtaining of all applicable permits and licenses, including, but not limited to, building and electrical permits, Orange County Fire Authority approval, Orange County Healthcare Agency, Department of Alcohol and Beverage Control, etc.;

12. The manner of providing notice of the permit conditions to permit participants and those businesses or residents who may be directly affected by the conduct of the special event;

13. The provision or use of emergency services;

14. The obtaining of any and all business licenses or other necessary permits required by this code for the sale of food, beverages, or other goods or services at the event; and

15. The manner by which alcohol sales and service, if any, shall be conducted at the event.

E. .....A copy of a valid special event permit shall be maintained at the special event venue and shall be presented to City staff upon request.

(Ord. No. 1717, § 3, 10-19-2021)

A. .....The City Manager shall deny an application for a permit or revoke any permit if the City Manager finds any of the following:

1. The application contains materially false or intentionally misleading information;

2. The event or activity is proposed to be located, or is located, in or upon a premises, building or structure, which is hazardous to the health or safety of the employees or patrons of the premises, business, activity, or event, or the general public, under the standards established by the Uniform Building or Fire Codes, or other applicable codes;

3. The event or activity is proposed to be located, or is located, in or upon a premises, building or structure, which lacks adequate on-site parking for participants attending the proposed event or activity under the applicable standards set forth in this code;

4. The event or activity is in conflict with other applicable provisions of any federal, state and/or local laws;

5. The event or activity is scheduled to occur at a location and time in conflict with another event or activity scheduled for the same day or weekend, where such conflict would adversely impact the City's ability to provide adequate City services in support of other scheduled events or scheduled government functions;

6. The event will substantially interrupt public transportation, or other vehicular and pedestrian traffic, in the area of its location;

7. The event will require the diversion of public safety or other City employees from their normal duties, so as to unreasonably reduce adequate levels of service or municipal functions to any other portion of the City;

8. The concentration of persons, animals or vehicles will unreasonably interfere with the movement of police, fire and other public safety or emergency vehicles on the streets;

9. The event or activity: (a) will have a substantial adverse impact on the health and safety of the general public, and/or residents and businesses within a 500-foot radius of the event; and/or (b) will violate the City's noise standards as set forth in Chapter 8.48 and Section 17.24.055;

10. The event or activity will take place in an area of the City, or on any public right-of-way scheduled for maintenance, construction or repair prior to the submission of the application for the event and either (a) the conduct of the event would interfere with such maintenance, construction or repair; or (b) the maintenance, construction or repair would represent a threat to the health or safety of the participants in the event;

11. The ability of persons to enter and exit residential or business properties impacted by the event will be unreasonably impaired considering factors such as the duration, size and scope of the event;

12. The proposed use, event or activity will have a significant adverse environmental impact;

13. The applicant has violated condition(s) of a previous permit issued pursuant to this chapter for the same or similar event within the prior 36 months; provided, that the City notified the applicant in writing of any such violation within 60 days of the violation.

B. .....When the grounds for denial of an application are based on any of the circumstances specified in subsection (A) of this section, and those circumstances can be corrected by altering the date, time, duration, route, location or other detail of the special event, the City Manager shall, instead of denying the application, conditionally approve the application upon the applicant's acceptance of conditions for permit issuance. The conditions imposed shall provide only or such modification of the special event as are necessary to alleviate the circumstances set forth in subsection (A) of this section.

(Ord. No. 1717, § 3, 10-19-2021)

Upon acting to approve or deny an application for a special event, the City Manager shall provide notice to the applicant of the City Manager's decision on the application by telephone and by written notice via U.S. mail or certified mail or facsimile, if the applicant provides a fax number, together with a list of conditions imposed if the application has been granted or, if the application has been denied, the specific factual reason for the denial pursuant to SCMC Section 12.34.090. The notice shall inform the applicant of his or her right to appeal the decision or any conditions imposed if the application has been granted, and shall state the last date on which such an appeal may be filed, which shall be the third working day after the date on which the notice was delivered personally or via facsimile to the applicant. The City Council shall hear the applicant's appeal no later than 14 working days following its filing at a regular meeting, if scheduled, or a special meeting, if necessary. The applicant, by written request, may waive the time limits for the hearing on appeal to the City Council, but may not waive the time within which an appeal may be filed. The notice of the City Manager's decision on a permit for a spontaneous special event or the City Council's final decision on an appeal of a special event permit shall inform the applicant of his or her right to file a petition for writ of mandate pursuant to California Code of Civil Procedure Section 1094.6 or 1094.8.

(Ord. No. 1717, § 3, 10-19-2021)

After a hearing and consideration of the report and decision of the City Manager on a special event or permit application, and any written materials submitted by the applicant or other affected person(s), the City Council shall either overturn the denial and grant the permit, grant the permit with conditions, or sustain the denial of the permit upon determining that issuance would result in any one of the circumstances set forth in SCMC Section 12.34.090. The decision by the City Council shall be based on written findings, and shall be final and conclusive on the matter, and subject to appeal under California Code of Civil Procedure Section 1094.6 or 1094.8.

(Ord. No. 1717, § 3, 10-19-2021)

A. .....In addition to the nonrefundable permit application fee, the City Council may by resolution prescribe a fee or fees for special events to recoup all or part of the departmental services charges incurred in connection with the special event. If City property is destroyed or damaged by reason of the applicant's use, event or activity, the applicant shall reimburse the City for the actual replacement or repair cost of the destroyed or damaged property.

B. .....Fees for recoverable departmental service charges will be established by resolution of the City Council.

C. .....Any person seeking a fee waiver shall, in conjunction with filing their special event permit application, file a completed fee waiver application.

D. .....Any indigent natural person who cannot apply for a permit because of an inability to pay the required special event fee due to such indigence shall not be required to pay the departmental service charges set forth in this section. 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 City Manager, be reasonably necessary to verify such status.

(Ord. No. 1717, § 3, 10-19-2021)

A. .....The City Council may, by separate resolution, establish pre-designated event routes within the City for those events requiring either full or partial street closures.

B. .....Any event requiring full or partial street closures shall not be conducted on streets classified by the City as arterial streets between the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00 p.m. Monday through Friday, excluding holidays.

(Ord. No. 1717, § 3, 10-19-2021)

A. .....For all special events subject to the requirements of this chapter, the City Manager shall require as a condition of the issuance of a permit that the applicant obtain, furnish proof of, and maintain, a policy of insurance issued by an insurance company authorized to do business in the state of California. The insurance policy shall be endorsed to name the city of San Clemente and its elected and appointed boards, officers, agents, and employees as an additional insured, and shall provide that any other insurance maintained by the City of San Clemente shall be in excess of, and not contributing to, the insurance coverage provided to the City of San Clemente under the applicant's policy. The minimum limits of liability in no case shall be lower than $1,000,000, and may vary based on the level of risk associated with the requested activity and the extent of public space used for the event, as determined by the City's Joint Powers Insurance Authority.

Special events involving vehicles shall also provide vehicle insurance.

B. .....The applicant shall also be required to sign an indemnity agreement in a form approved by the City Attorney and the City's Joint Powers Insurance Authority, which shall expressly provide that the applicant agrees to defend, protect, indemnify and hold the City, its officers, employees, volunteers and agents free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of applicant, its officers, agents or employees, in connection with the permitted event or activity; and the permit shall expressly provide that the applicant shall, at applicant's own cost, risk and expense, defend any and all claims of legal action that may be commenced or filed against the City, its officers, employees, volunteers and agents, and that the applicant shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the city, its officers, employees, volunteers and agents as a result of the alleged acts or omissions of applicant or applicant's officers, agents or employees in connection with the uses, events or activities under the permit. If an applicant provides proof that the insurance obligations, pursuant to subsection (A) of this section, provide contractual liability coverage for any obligations contemplated by the indemnity provisions herein, the city agrees not to enforce the indemnity agreement against the applicant.

C. .....Any indigent natural person who cannot apply for a permit because of an inability to pay for the required insurance due to such indigence shall not be required to provide the insurance obligations set forth in subsection (A) of this section or to sign an indemnity agreement required by subsection (B) of this section. 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 City Manager, be reasonably necessary to verify such status.

(Ord. No. 1717, § 3, 10-19-2021)

A. .....A permit issued under this chapter shall be revoked or suspended by the City Manager, or his or her designee, or Chief of Police Services, or his or her designee, if he or she finds that one or more of the following conditions exists and have not been corrected by the applicant after reasonable notice of the condition's existence has been given:

1. The permit is being used to conduct an activity different from that for which it was issued;

2. That one or more of the conditions listed in SCMC 12.34.090 exists;

3. That the activity is being conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit pursuant to SCMC 12.34.080(D) or fails to conform to the plans and procedures described in the application;

4. The applicant violates or attempts to violate any federal, state or local laws and regulations;

5. The special event is being conducted in a fraudulent or unlawful manner, or in a manner which endangers the public health or safety.

B. .....Such revocation or suspension shall become effective immediately upon order of the City Manager, or his or her designee, or of the Chief of Police Services, or his or her designee, and shall remain in effect until the applicant has corrected the violation or the permit has expired on its own terms.

C. .....In the event a permit is revoked or suspended pursuant to the provisions of this section, another permit shall not be granted to the applicant within 12 months after the date of such revocation or suspension.

D. .....The determination of the City Manager, or his or her designee, or Chief of Police Services, or his or her designee, to revoke or suspend a permit shall be based upon written findings, and, if the revocation or suspension occurs prior to the date(s) of the special event shall be subject to appeal to the city council as set forth in SCMC Section 12.34.100. The City Council's determination shall be final and conclusive in the matter, and subject to appeal under California Code of Civil Procedure Section 1094.6 or 1094.8.

(Ord. No. 1717, § 3, 10-19-2021)

It is unlawful for any person to obstruct, impede or interfere with any authorized person, vehicle or animal participating in a special event for which a permit has been issued.

(Ord. No. 1717, § 3, 10-19-2021)

If a permittee is unable to hold or conduct a use, event or activity because of inclement weather or due to some other cause not within the permittee's control, and the permittee submits a written request for the refund of such fees to the City Manager's office within ten days after the date that the use, event or activity was to have been held or conducted, the City Manager may authorize the refund of the fees or a pro rata portion thereof, except for actual costs incurred by the City at the time of cancellation and the nonrefundable application fees, which have been paid by the permittee to the City in connection with a permit issued under this chapter.

(Ord. No. 1717, § 3, 10-19-2021)

The City Manager is authorized to promulgate additional policies, rules and regulations that are consistent with and that further the provisions set forth within this chapter and the provisions of law that pertain to the conduct and operation of a special event.

(Ord. No. 1717, § 3, 10-19-2021)

It is unlawful for any event organizer to use in the title of the event the words "The City of San Clemente" or "City of San Clemente", or facsimile of the seal or logo of the City of San Clemente without the City's written authorization.

(Ord. No. 1717, § 3, 10-19-2021)