Chapter 11.05
SPECIAL EVENTS1
Sections:
11.05.040 Exceptions to the special event permit requirement.
11.05.050 Temporary outdoor promotion regulations.
11.05.060 Application for permit.
11.05.070 Permit application fee.
11.05.080 Application contents.
11.05.090 Action by city manager upon application.
11.05.110 Notice to applicant of action on application – Appeals to city council.
11.05.120 City council action upon appeal.
11.05.130 Departmental service charges.
11.05.150 Insurance and indemnity requirements.
11.05.160 Revocation or suspension of permit.
11.05.170 Interference prohibited.
11.05.010 Intent and purpose.
The intent of this chapter is to provide a regulatory framework for permitting special events and temporary outdoor promotions. The use of private property, city streets 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. Such uses can also subject neighboring residents and businesses to noise and traffic. As such, the purpose of this chapter is to ensure that special events and temporary outdoor promotions are conducted so as not to violate any other ordinance or regulation of the city, or 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. [Ord. 2010-126 § 1 (Exh. A)].
11.05.020 Definitions.
“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.
“Applicant” means the person, corporation, association, partnership or other legal entity submitting the application for a permit.
“Block parties” means a festive gathering on a residential street for such purposes as barbecues, picnics, music, or games requiring closure of a street, or a portion thereof, to vehicular traffic.
“Chief of police services” means the city’s chief of police services, or his or her designee.
“City” means the city of Aliso Viejo.
“City manager” means the city manager of the city, or, if due process requires, his or her designee.
“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.
“Event organizer” means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a special event or temporary outdoor promotion.
“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.
“Fire chief” means the Orange County fire authority fire chief, or his or her designee, assigned to the city of Aliso Viejo.
“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.
“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 and/or temporary outdoor promotions.
“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.
“Public assembly” means any group of 250 or more persons participating in an organized activity having a common purpose on or within a city street, city park, parking facility, sidewalk, or other public property or right-of-way.
“Sidewalk” means the portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel.
“Special event” means:
1. Any temporary event not exceeding 30 days, whether indoors or outdoors, involving 250 or more persons, which is inconsistent with the permanent use to which the property may legally be put, or the occupancy levels permitted on property; or
2. Any public assembly as defined in this section; or
3. Any event, regardless of the number of persons involved, requiring full or partial street closure, which occurs on a public street, sidewalk, alley, or other public right-of-way, and/or which is likely to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic.
The following list of examples is illustrative, but not determinative, of activities that may constitute “special events”:
1. Motorized vehicle races or contests.
2. Nonmotorized vehicle races or contests.
3. Carnivals, circuses, fairs, festivals, nondomesticated animal act or exhibition, 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.
“Special event permit” means a permit issued pursuant to this chapter.
“Spontaneous special event” means a special event that is also an 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 of the public for purposes of vehicular travel. Streets include highways and alleys.
“Temporary outdoor promotion” means an outdoor commercial event of limited duration, such as grand openings, outdoor sales and seasonal promotions, occurring on nonresidential, private property.
“Temporary outdoor promotion permit” means a temporary outdoor promotion permit issued pursuant to this chapter.
“Venue” means the specific property, area or site on which a special event permit has been issued.
“Working day” means a weekday, e.g., Monday through Friday, in which City Hall is open and conducts business. Saturdays, Sundays, and city and federal holidays are not working days within the meaning of this chapter. [Ord. 2010-126 § 1 (Exh. A)].
Cross-reference: definitions generally, AVMC 1.02.010.
11.05.030 Permit required.
A. It shall be unlawful for any person to conduct, operate, maintain, organize, advertise, or sell or furnish tickets to any special event or temporary outdoor promotion within the city that is subject to the provisions of this chapter, and not expressly exempt under AVMC 11.05.040, without having obtained a valid permit.
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, at the discretion of the city.
D. No permit issued under the provisions of this chapter shall be transferable or movable to another venue or another applicant.
E. Persons who desire to conduct, operate, maintain, organize, advertise, or sell or furnish tickets to more than one special event or temporary outdoor promotion in a 12-month period may submit a single application for an annual permit covering all special events and/or temporary outdoor promotions specified in the application. The application shall include the information required by AVMC 11.05.080 for each special event or temporary outdoor promotion. [Ord. 2010-126 § 1 (Exh. A)].
Cross-reference: business license required for certain special events, AVMC 4.01.020.
11.05.040 Exceptions to the special event permit requirement.
A special event permit is not required for the following activities:
A. An event conducted in or on residential property in a residential zone so long as the event conforms to other provisions of this code.
B. Block parties on cul-de-sacs that conform to the other provisions of this code; provided, that 100 percent of the residents on the cul-de-sac approve of the street closure and clearance for emergency vehicle access is maintained.
C. Any activity otherwise constituting a special event conducted on private property that the city manager determines meets all of the following requirements:
1. Does not involve the use of public property or facilities or have a substantial impact on traffic, public property or facilities in a way that may require the provision of city public services in response; and
2. Does not create noise in excess of the standards set forth in Chapter 8.12 AVMC; and
3. Does not involve the use of any pyrotechnic device as defined in California Health and Safety Code Section 12526, as amended or superseded; and
4. Does not involve the construction or installation of any temporary or permanent tents, canopies or other structures; provided, that such construction or installation requires a permit from the city’s fire and/or planning department; and
5. Does not involve the use of any exotic or nondomesticated animals, or mechanical amusement rides.
The city manager’s determination concerning an exception to the special event permit pursuant to this subsection shall be final and conclusive in the matter, and subject to appeal under California Code of Civil Procedure Section 1094.6 or 1094.8.
D. Funeral processions by a licensed mortuary or funeral home.
E. Any activities or events held or conducted by or on behalf of a public or private school, a college or school district, the state of California or other governmental entity otherwise exempt from the provisions of this chapter under separate provision of law.
F. Events involving expressive activity, including, but not limited to, lawful picketing; provided, that participants comply with applicable traffic regulations, laws or controls.
G. Recurring or annual special events may be exempt from the permit requirements of this chapter based upon past performance at the city manager’s discretion; provided, that notice of the date(s) of the special event is provided to the city consistent with AVMC 11.05.060(B). [Ord. 2010-126 § 1 (Exh. A)].
11.05.050 Temporary outdoor promotion regulations.
A. Temporary outdoor promotions are limited to 10 consecutive days per event and a maximum of four events per year, unless provided otherwise in an approved site development permit pursuant to AVMC 15.74.020.
B. Temporary outdoor promotion permits shall be issued only to approved permanent commercial or business establishments in the city for on-site events and activities. The proposed events and activities shall occur in conjunction with the principal use of the establishment or as an extension thereof.
C. Signage for temporary outdoor promotions shall be limited to one banner, up to 50 square feet, contained within the linear frontage of the building space of the establishment, except that the city manager may approve alternate on-site locations in unique circumstances applicable to the property. All provisions of Chapter 15.34 AVMC shall apply to the size and placement of the sign.
D. All signage and lighting associated with the temporary outdoor promotion shall be included on the plans submitted with the application for a permit required by this chapter.
E. The permit application must demonstrate that adequate, on-site parking spaces will remain available for customer parking.
F. All disabled accessible parking spaces, walkways, ramps, ingress and egress must remain available. [Ord. 2010-126 § 1 (Exh. A)].
11.05.060 Application for permit.
A. An application for a permit required by this chapter shall be filed with the city manager, or any other city department designated by 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 his or her own behalf and cannot apply on behalf of another person, corporation, association, partnership or other legal entity.
B. A completed application shall be filed not less than 90 calendar days prior to the opening date of the proposed special event. A completed application for a temporary outdoor promotion permit shall be filed not less than 10 working days, nor more than six months, prior to the proposed temporary outdoor promotion.
C. An application will be deemed complete unless, within five 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 or temporary outdoor promotion date shall be considered confirmed or take place until a special event or temporary outdoor promotion permit is issued pursuant to AVMC 11.05.080.
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.
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 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. The location and date of the spontaneous special event, including the assembly area, disbanding area, and the route to be traveled, if applicable.
e. An estimate of the approximate number of persons who 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.
f. The time at which the spontaneous special event will begin and conclude.
g. The type of security or other arrangements that will be provided to assure that participants are properly directed.
h. 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 AVMC 11.05.100 within 24 hours of receipt of the application. If the city manager makes a finding pursuant to AVMC 11.05.100, 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 event which would be acceptable to the city and would obviate any finding made pursuant to AVMC 11.05.100. 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. 2010-126 § 1 (Exh. A)].
11.05.070 Permit application fee.
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 or temporary outdoor promotion is funded in full or in part by the city, or said fee is waived by the city council. 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. 2010-126 § 1 (Exh. A)].
11.05.080 Application contents.
A. The application for all special events and temporary outdoor promotions shall contain the following information:
1. The name, 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 located on private property, signed approval from the property owner acknowledging application for a special event or temporary outdoor promotion.
3. If the applicant is an organization, the name, 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 and telephone number of the person who will be present and in charge on the day(s) of the special event or temporary outdoor promotion.
5. A description of the nature or purpose of the special event or temporary outdoor promotion for which the permit is requested and an estimate of the maximum number of persons who will be attending the special event or temporary outdoor promotion.
6. Date(s) and estimated starting and ending time(s) of the special event or temporary outdoor promotion.
7. Location of the special event or temporary outdoor promotion, including its boundaries, the street or other public property, and the specific area or areas that will be utilized in connection with the proposed special event or temporary outdoor promotion, or, if on private property, the business name, street address and telephone number at which the special event or temporary outdoor promotion will be conducted.
8. The type and estimated number of vehicles, animals or structures that will be used at the special event or temporary outdoor promotion.
9. The provision and/or operation of first aid or emergency aid stations at the special event or temporary outdoor promotion.
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 at the special event or temporary outdoor promotion.
12. 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.
13. Anticipated parking needed and parking plan for the special event or temporary outdoor promotion.
14. A proposed plan for seating for the special event or temporary outdoor promotion, 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.
16. Whether sound amplification equipment will be used and a plan 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 8.12 AVMC.
17. A detailed floor plan and site plan of the premises showing the building interior and exterior grounds, including parking spaces, amusement ride location, seating arrangements, dance floor area, bar location, fire exits, and the dimensions of each portion with the layout of the special event or temporary outdoor promotion, when applicable.
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 or temporary outdoor promotion.
20. Such other information pertaining to public health and safety that the applicant may wish to include.
21. The application form shall inform the applicant of his or her right to appeal.
B. The application for special events, such as parades or public assemblies, which require full or partial street closures, shall, in addition to the above information, contain the following information:
1. The assembly point for the special event and the time at which people and/or units of the special event will begin to assemble and the location of the disbanding area.
2. The proposed route to be traveled, including the maximum length of the special event in miles or fractions of miles.
3. Whether the parade or other special event will occupy all or only a portion of the streets proposed to be traveled.
4. An estimate of the approximate number of persons who will be participating in the special event and an estimate of the approximate number of persons who will be observing the special event.
5. If the special event assembly or disbanding is to be conducted on private property, the applicant must submit, with the application, proof of the property owner’s permission for the property to be used for that purpose.
C. 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 such a place. Such individuals shall be subject to the fire chief’s orders, at all times when so employed and shall be in uniform and remain on duty during times that such places are open to the public, or when such activity 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 place is open to the public or such activity is being conducted. 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 emergency medical services response capability of the city based upon:
a. The location of the event;
b. Projected event participation; or
c. Any other applicable criteria.
D. Air-Medical Operations Permit Required. An air-medical operations permit shall be required for all 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 of the air rescue or air ambulance provider.
2. Contact person 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. 2010-126 § 1 (Exh. A)].
11.05.090 Action by city manager upon application.
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.
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 10 working days of receipt of a completed application for a special event permit and within five working days of receipt of a completed application for a temporary outdoor promotion permit, the review and investigation shall be completed, and the city manager shall issue a permit, unless denial of the permit is mandated under AVMC 11.05.100. The city manager shall notify the applicant of his or her action pursuant to AVMC 11.05.110.
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 temporary outdoor promotion 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 AVMC 11.05.140;
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 right-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 or temporary outdoor promotion;
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 or temporary outdoor promotion 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 or temporary outdoor promotion venue, as established by standard conditions adopted by resolution of the city council;
10. Restrictions consistent with Chapter 8.12 AVMC 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 or temporary outdoor promotion;
11. The obtaining of all applicable permits and licenses, including, but not limited to, building and electrical permits, Orange County fire authority approval, health department, 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 or temporary outdoor promotion;
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. [Ord. 2010-126 § 1 (Exh. A)].
Cross-reference: buildings and construction, AVMC Title 13.
11.05.100 Permit denial.
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, as set forth in AVMC Title 13;
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, ambulance, 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 set forth in Chapter 8.12 AVMC;
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 or temporary outdoor promotion, 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 for such modification of the special event or temporary outdoor promotion as are necessary to alleviate the circumstances set forth in subsection (A) of this section. [Ord. 2010-126 § 1 (Exh. A)].
11.05.110 Notice to applicant of action on application – Appeals to city council.
Within 10 working days of receipt of a complete application for a special event or within five working days of receipt of a complete application for a temporary outdoor promotion, 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 AVMC 11.05.100. The city manager shall also provide notice of the decision to the city council. 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 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 or temporary outdoor promotion 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. 2011-136 § 15; Ord. 2010-126 § 1 (Exh. A)].
Cross-reference: appeal procedures generally, Chapter 1.10 AVMC.
11.05.120 City council action upon appeal.
After a hearing and consideration of the report and decision of the city manager on a special event or temporary outdoor promotion 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 AVMC 11.05.100. The decision by the city council shall be based on written findings, and shall be final and conclusive on the matter. 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. 2010-126 § 1 (Exh. A)].
11.05.130 Departmental service charges.
A. In addition to the nonrefundable permit application fee, any user fees or other fees prescribed by resolution of the city council, an applicant shall pay the city for all city departmental service charges incurred in connection with, or due to, the applicant’s activities under the permit. 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. Departmental service charges will be established by resolution of the city council, and will reflect the city’s full cost of providing personnel on an hourly basis at rates established in accordance with city personnel rules and regulations and conditions contained within memoranda of understanding between the city and its employees.
C. At least two days prior to a special event or temporary outdoor promotion permitted under this chapter, the applicant shall pay to the city a deposit in an amount sufficient to cover the total estimated city departmental service charges identified pursuant to this section that are anticipated to be incurred by the city in connection with the permit. The deposit shall be paid in cash or other adequate security, as determined by the city manager. An applicant may appeal, pursuant to AVMC 11.05.110, the amount of the deposit determined under this section.
D. The city shall submit the final invoices and billings for departmental service charges to the applicant no later than 20 working days after the expiration date of the permit. If the deposit is less than the final charges, the applicant shall pay the difference to the city within 10 working days of being invoiced for such charges from the city. If the deposit is more than such final charges, the city shall refund the difference to the applicant within 60 days after the event.
E. Any indigent natural person who cannot apply for a permit because of an inability to pay the required departmental service charges 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. 2010-126 § 1 (Exh. A)].
11.05.140 Event routes.
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. 2010-126 § 1 (Exh. A)].
11.05.150 Insurance and indemnity requirements.
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 Aliso Viejo 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 Aliso Viejo shall be in excess of, and not contributing to, the insurance coverage provided to the city of Aliso Viejo under the applicant’s policy. The minimum limits of liability shall conform to a schedule which shall be adopted by a separate resolution of the city council; provided, however, that in no case shall the minimum limits of liability be lower than $1,000,000, combined single limits, per occurrence and in the aggregate.
B. The applicant shall also be required to sign an indemnity agreement in a form approved by the city attorney, 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. 2010-126 § 1 (Exh. A)].
11.05.160 Revocation or suspension of permit.
A. A permit issued under this chapter shall be revoked or suspended by the city manager or chief of police services 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 AVMC 11.05.100 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 AVMC 11.05.090(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 or temporary outdoor promotion 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 chief of police services 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 city manager or chief of police services’ determination 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 or temporary outdoor promotion, shall be subject to appeal to the city council as set forth in AVMC 11.05.110. 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. 2011-136 § 16; Ord. 2010-126 § 1 (Exh. A)].
11.05.170 Interference prohibited.
It is unlawful for any person to obstruct, impede or interfere with any authorized person, vehicle or animal participating in a special event or temporary outdoor promotion for which a permit has been issued. [Ord. 2010-126 § 1 (Exh. A)].
Cross-reference: violations and penalties generally, Chapter 1.06 AVMC.