Walnut Creek Municipal Code Art. 3 Permit Procedure

No person shall engage in any activity or continue to engage in any activity for which a permit is required without first obtaining a valid permit.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

Whenever any permit is required by this chapter, it shall be issued or denied in accordance with the provisions of this article.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

a. All Applications.

Each application for a permit shall be made on forms issued by the Director. Each application shall provide the following information:

1. A description of the proposed use, event or activity.

2. The park and the specific area or areas thereof which will be utilized in connection with the proposed use, event or activity.

3. The manner in which the park will be utilized.

4. Name, address and telephone number of the person, entity or organization sponsoring or conducting the proposed use, event or activity.

5. Name and address and telephone number of the person or persons to be contacted regarding the application or permit.

6. The day, date and specific hours and location for which the permit is sought.

7. An estimate of the anticipated attendance.

8. Other information which the Director shall determine is necessary in order to provide for fair and orderly processing of each application and for the determination of any necessary conditions of approval.

b. Large Gatherings.

1. No permit shall be issued for an activity which is likely to be attended by more than 100 (one hundred) people unless an application for such permit is received by the Director at least 30 (thirty) days prior to the date of the activity for which the permit is sought.

2. Upon a good faith showing by the applicant that the purpose of the activity has been generated by or in response to an unanticipated, current event which precluded a timely application, the Director shall shorten the application period to a period which is reasonable in light of both the shown need to schedule the activity promptly and the amount of time required by the Director to ensure that the applicant and the activity will comply with all provisions of this chapter.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

The facility use fees and charges for the use of the City parks pursuant to this chapter shall be established by Council resolution. The total amount of the fees due for the entire permit period shall be paid to the city at least five days prior to the date that the permit becomes effective.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

a. In addition to the payment of the non-refundable permit application fees and any other fees prescribed by Council resolution, a permittee shall pay the city for all city department service charges provided in connection with or due to the permittee's activities under the permit. If city property is destroyed or damaged by reason of permittee's use, event or activity, the permittee shall reimburse the city for the actual replacement or repair cost of the destroyed or damaged property.

b. At least 3 (three) days prior to the date that any permit under this chapter is to become effective, the applicant shall pay to the city a cash deposit in an amount sufficient to cover the total city departmental charges which the Director estimates will be incurred in connection with the permit.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

The Director shall review and either issue or deny each permit application within 10 working days of its receipt and satisfaction of all requirements stated herein. Whenever any permit is denied, reasons for its denial shall be explicitly stated in the notice of denial.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

a. The Director shall issue a permit unless it is found that:

1. The proposed activity is illegal or otherwise prohibited in City parks.

2. The activity has been determined by the Director to be hazardous or unsafe or likely to cause damage to the park, to property, or to persons pursuant to Section 11-1.402.

3. The applicant refuses to comply with conditions of approval attached to the application.

4. The park area for which the permit is sought has previously been reserved pursuant to an application received prior to the application in question.

5. Due to the anticipated use of adjoining park areas pursuant to prior reservations or agreements, the park cannot accommodate the size or scope of the contemplated use.

6. The contemplated use would be an inappropriate use of the park or park area given the topography, size, location, nature of park amenities provided or would cause an adverse environmental impact to the park or park area, or the number of persons likely to attend the event exceeds the capacity of the park for which the application has been received.

7. The applicant has failed to provide the necessary hold harmless agreement and insurance endorsements as required by the City or has failed to pay any and all permit fees or departmental service charge deposit.

b. Prior to denying an application for the reasons set forth in Section 11-1.306(a) 4 through 7, the Director shall determine if the activity proposed could be accommodated in any other park or park area and shall notify the applicant if such accommodation is possible.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

No permit shall be denied on account of the sex, race, creed, color, religious or political affiliation of the applicant, or on account of the probable or known content of any speech or public address which such applicant is likely to make or allow to be made.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

a. Compliance with Conditions. Before issuing any permit, the Director shall require that the applicant agree to comply with any and all conditions of approval deemed necessary for the protection, health, and safety of persons or property or both in light of the nature of the activity for which the permit is sought and the number of persons likely to attend said activity. Such conditions of approval shall pertain only to the time, place and manner of use of the park by the applicant and those likely to attend the activity for which the permit is sought.

b. Indemnification. The Director shall require the permittee to indemnify and hold the City harmless for all injuries and damages resulting from the permitted use. The indemnification agreement shall also provide that the permittee shall defend the City against, and indemnify and hold the City harmless from any liability to any persons resulting from any damage or injury occurring in connection with the permitted event proximately caused by the actions of the permittee, the permittee's officers, employees or agents or any person who was under the permittee's control insofar as permitted by law.

c. Insurance. The Director shall require the permittee to provide insurance adequate to cover any potential loss due to injury or damage arising out of the permitted event for those events which do not involve First Amendment activity. If insurance is required and provided, a copy of the policy or insurance endorsement, must be filed with the City's Risk Manager no less than five days before the date of the event unless the Risk Manager for good cause waives the filing deadline.

1. The coverage shall be a comprehensive general liability insurance policy. The permittee shall designate on the policy or by endorsement as additional insureds the City of Walnut Creek, its officers, officials, employees, agents and volunteers.

2. If food or non-alcoholic beverages are sold or served at the event, the policy must include an endorsement for products liability.

3. At any time when the insurance coverage required under this section may be purchased by a permit applicant through a City-held insurance policy, such coverage shall be made available to all permit applicants.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

When issuing a permit, the Director may grant the permittee the privilege of exclusive use of the area or facility where the permitted activity is to take place.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

a. A permit shall be revoked when it is determined that the permittee or persons attending the activity are not complying with any or all of the conditions of approval.

b. It shall be unlawful for any person to continue to engage in an activity for which a permit is required after the permit has been revoked pursuant to the section.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)

a. Any refusal of the Director to issue a permit, or any revocation of a permit, or any conditions of approval attached to any permit, may be appealed to the Park, Recreation and Open Space Commission for reconsideration and final determination. Appeals shall be filed with the Director within 5 (five) days of the issuance of the Director's notice of decision or revocation.

b. The Commission shall hold a hearing at its next regularly scheduled meeting occurring 5 (five) days or more after the filing of the appeals or at a special meeting called to hear the appeal. The applicant shall be notified of the hearing at least 72 (seventy-two) hours in advance of the hearing and shall be given the opportunity to be heard.

c. Prior to the hearing, the Director shall issue a report detailing the applicant's proposed park use and the reasons for the denial. The Director shall make the report available to the applicant at least 72 (seventy-two) hours before the hearing.

d. At said hearing, the applicant may present evidence which serves to clarify or explain the nature of the activity for which the permit is sought or his reasons for not agreeing to comply with every condition of approval.

e. At the close of the hearing, the Commission shall announce its decision, and shall either sustain the Director, overrule the Director, or modify the decision of the Director. The Commission may, in deciding to overrule the Director, attach any conditions of approval allowed in Section 11-1.309. The decision of the Commission shall be final.

f. If there is insufficient time for a timely appeal to be heard by the Commission prior to the date on which the event is scheduled, the applicant may request that the Director schedule the appeal before the City Manager. The City Manager or his designee shall hold a hearing no later than 2 (two) business days after the filing of the appeal, and will record his decision no later than one business day after hearing the appeal. The City Manager decision on the appeal shall be final.

(§ 2, Ord. 1692, eff. 9/2/1988; § 1, Ord. 1874, eff. 1/11/1996)