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O2073 f:\atty\mu ni\laws\barry\specialeventsamd20032d-1 . wpd Council Meeting 4-22-03 Santa Monica, California ORDINANCE NUMBER2073 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 4.68.040, 4.68.110,4.68.130,4.68.140,4.68.150, AND 4.68.180 OF THE COMMUNITY EVENTS CODE RELATING TO PERMIT CRITERIA, PARADE ROUTES, TEMPORARY SIGNAGE, DEPARTMENTAL CHARGES, AND INDEMNIFICATION PROVISIONS AND REPEALING CHAPTER 6.44 RELATING TO THE CULTURAL ARTS AND CRAFTS SHOWS WHEREAS, on May 8, 2001, the City Council adopted Ordinance Number 2008 (CCS), adding Chapter 4.68 to the Santa Monica Municipal Code, the Community Events Code; and WHEREAS, the Community Events Code provides a coordinated process for managing community events to ensure the health and safety of event patrons, residents, workers, and other visitors, to prohibit illegal activities from occurring at community events, and to protect the rights of community event permit holders; and WHEREAS, Santa Monica is a coastal city in a prime location, bordered by the City of Los Angeles to the north, east, and south; and WHEREAS, the City's land area is small, being just 8 square miles and the City's population is approximately 90,000; and -1 WHEREAS, the City's population density of 11,200 persons per square mile is the highest among coast8fcommunities m.'.lo.. ,...,..0Junty~ arnon:O the. in the State; and WltCRt:AS. inaddill,ntD"~resid.ntial~ -.Iraa vetJlle.liJIbIe place to work or visit; and WHEREAS, on weekdays, approximately 300,000 people are present within the City and on weekends the number swells to as high as 500,000 people; and WHEREAS, high population density minimizes the private open space available for residents; and WHEREAS, 75% of the City's residents live in multifamily housing without private backyards and gardens; and WHEREAS, the adverse effects of density and congestion in the City are magnified by the lack of open space; and WHEREAS, the City has only approximately 419 acres of public open space, which occupies approximately eight percent of the total land within the City; and WHEREAS, most of the City's open space is concentrated at the Santa Monica State Beach on 245 acres of land; and WHEREM.ft.OI*i,.- i8'~.fJr.ndr.of""'lof ~... throughout the Southern California region and beyond; and WHEREAS, only 113 acres of land in the City is dedicated to parks; and WHEREAS, the City's park space per capita is significantly less than most cities and well below the national guidelines set by the National Recreation and Parks Association; and 2 WHEREAS, these parks are heavily used for a variety of purposes; and WHEREAS, Santa Monicans are active and frequent users of the City's parks with an average of 3 out of 4 residents visiting the City's parks almost twice a week; and WHEREAS, 93% of the City's households with children are park users; and WHEREAS, City parks are also frequently used by non-residents of the City; and WHEREAS, t*k uaagers..t.....d"'otb.'...'ot ",..... induding shape, location, and facilities; and WHEREAS, all but one of the larger City parks are adjacent to busy streets and are located in residential or mixed residential and commercial areas; and WHEREAS, much of the City's park space is not available for general, passive use because it is dedicated to special uses such as tennis courts, basketball courts, shuffle board courts, a lawn bowling green, baseball and soccer fields, a gymnasium, a child care center, and senior and youth centers, and other areas are dedicated to gardens and water elements; and WHEREAS, most of the specialized areas of City parks are heavily and constantly used, including the City's playing fields which are utilized at three times the rate recommended for maintenance purposes; and WHEREAS, passive park space is also very heavily utilized by individuals who jog, walk, read and lounge, and by informal groups who stroll, play games, chat, and have parties and picnics in the City's parks; and WHEREAS, organized groups, such as schools, companies, churches, and the City itself use the City's parks for picnics, festivals, rallies and demonstrations; and 3 WHEREAS, in recent years City park space, particularly in Palisades Park and in Reed and Memorial Parks, has been regularly used by up to 26 private groups to distribute free food to the public on a scheduled basis, which attracts large crowds and involves significant amounts of paraphernalia and materials used to hold and serve food; and WHEREAS, since the City's limited public space is constantly used by large numbers of people for a variety of activities, both organized and spontaneous, community events in parks and on other public property must be carefully managed; and WHEREAS, the density of the City and the number of people working or visiting the City on a daily basis significantly impacts the ability of traffic to circulate on the City's existing street network; and WHEREAS, the City's street network is a grid system bisected by the Santa Monica Freeway; and WHEREAS, streets within this network are categorized into four functional classification types, arterial streets, collector streets, feeder streets and local residential streets; and WHEREAS, arterial streets are generally the commercial arteries that keep traffic moving throughout the City and have as their primary function the movement of vehicles into and through the City and the service of adjacent commercial land uses; and WHEREAS, the locations of the freeway interchanges and over crossings, as well as the inter-relationships of City streets with those of the surrounding network in Los Angeles, causes traffic to be concentrated on the City's arterial streets; and WHEREAS, local residential streets are designed to serve adjacent residential uses only; and 4 wHEtEAS. .........~to... ..,..l8Rging from ! . , ' 34.000 to 61.000~'vehJtItt tripsl,..v wmilt'iIaII"" .. .~ tocany 2,500 average trips per day; and WHEREAS, due to the nature of the grid system, if an arterial street is blocked or heavily congested, traffic will be diverted onto the nearest street which is typically a local residential street; and WHEREAS, residential streets are overwhelmed when traffic is diverted from arterial streets and residents' peace and quiet enjoyment are significantly impacted;.and WHEREAS, based on traffic counts taken in April/May 1999, and analysis of traffic generated by approved or pending development projects, fifteen intersections along arterial streets are projected to operate at unacceptable levels of service during the morning peak period and twenty eight intersections are projected to operate at unacceptable levels of service during the evening peak period; and WHEREAS, consequently, diverting traffic onto adjacent arterial streets is not feasible; and WHEREAS, since the arterial network already carries a significant volume oftraffic, diverting or stopping the traffic will further deteriorate the levels of service for these intersections and result in increased traffic into residential neighborhoods and degradation of the vitality of commercial districts; and WHEREAS, the City's downtown business district is particularly impacted by traffic; and WHEREAS, the level of service in many of the downtown intersections is currently operating at levels of service "E" (poor level of service) or "F" (failure); and 5 WHEREAS, the number of downtown intersections that have unacceptable levels of service may triple in the near future based on traffic generated by approved but not yet constructed projects and by projects currently under consideration; and WHEREAS, community events are, by definition, atypical and not necessarily anticipated by or appropriately regulated by existing citywide ordinances; and WHEREAS, the City regulates community events for the same reasons it regulates land uses: to protect the health, safety and public welfare by regulating traffic, noise, aesthetics, and other impacts; and WHEREAS, community events often require the provision of public services, including police, fire, transportation, and public works and additional maintenance of the facilities they use; and WHEREAS, community events often use facilities that would otherwise be available to the public or generate revenue to the City; and WHEREAS, managing community events requires ensuring that these events are compatible in size and type of use with their sites, adequate services are provided for the events, adequate cost recovery for these services is achieved, the events do not interfere with the City's ability to provide services to the entire community, and the impacts on neighbors and others are minimized; and WHEREAS, the City acknowledges that individuals and groups have the right to engage in expressive activities in the City's public places; and WHEREAS, the Community Events Code is designed to protect the right of people to engage in expressive activities in the City's public places and establishes the least restrictive and reasonable time, place and manner regulations of these activities; and 6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1 Santa Monica Municipal Code Section 4.68.040 is hereby amended to read as follows: 4.68.040 Permit Required. Except as otherwise provided by this Chapter or other applicable law, rule or regulation or any permit or license issued hereunder or pursuant to the terms of a permit, lease, or contract which has been specifically authorized by the City Council, a Community Event Permit shall be required to be obtained from the Community Event Committee for the following activities: (a) A parade, procession, march or assembly consisting of persons animals, vehicles, or any other combination thereof, which is to assemble or travel in unison on any public street, highway, alley, sidewalk or other City- designated public way and which either (1) may impede, obstruct, impair or interfere with free use of such public street, highway, alley, sidewalk, or other public way owned, controlled, or maintained by the City or (2) does not comply with normal or usual traffic regulations or controls. (b) Any activity or event involving 150 or more persons on City owned, controlled, or maintained property not subject to the requirements of subsection (a) of this section. 7 (c) Any activity or event on public property which requires the placement of a tent, canopy, or other temporary structure if that placement requires a permit from the City's Fire Department or Building and Safety Division (d) Notwithstanding the above, events at facilities located on City property that are predominately used and approved by the Fire Department or the Building Department as assembly spaces do not require a Community Event Permit so long as such events do not require a street closure or traffic diversion or require the use of other public property that does not constitute an assembly space. For purposes of this subsection, assembly spaces include, but are not limited to, the Civic Auditorium, the Pier Carousel, City park buildings, and Miles Memorial Playhouse. (e) School grounds and other property owned by the Santa Monica Unified School District and the Santa Monica College are exempt from the requirements of this Chapter. (f) Long-term lessees of City owned, controlled, or maintained property may receive an Annual Community Event Permit which authorizes a specified number of community events at that property for the term of the permit so long as each community event otherwise complies with the requirements of this Chapter. (g) Spontaneous events which are occasioned by news or affairs coming into public knowledge less than forty-eight (48) hours prior to such event may be conducted on the lawn of City Hall without the organizers first 8 having to obtain a community event permit. If practicable, the organizers should give notice to the City's Community Events Office at least four (4) hours prior to the event informing the City of the date and time of the event and providing an estimate of the approximate number of persons who will be participating. Events which require advance planning such as recreation events, competition/contests/spectator sports, fairs, festivals, carnivals, ticketed events, sales/trade shows or events which require a permit from Building and Safety or the Fire Department for the placement of structures shall not be considered to be spontaneous events. Departmental service charges may still be incurred for events undertaken pursuant to this subsection to the extent otherwise authorized by this chapter and the administrative guidelines adopted pursuant to this Chapter. SECTION 2. Santa Monica Municipal Code Section 4.68.110 is hereby amended to read as follows: 4.68.110 Hold Harmless. Each permittee shall execute a hold harmless agreement in a form approved by the City agreeing to defend, indemnify, and hold harmless the City against losses and liabilities incurred from the conduct of the permittee or its officers, employees, and agents. 9 SECTION 3. Santa Monica Municipal Code Section 4.68.130 is hereby amended to read as follows: 4.68.130 Community Event Temporary Signage Temporary or non-permanent sign(s) identifying or pertaining to the community event may be installed by the permit holder, or his/her designee, within the event site as defined in the community event permit. The logo of a commercial sponsor may be included on a small area of the temporary sign, not to exceed one square foot or five percent of the banner area whichever is smaller, provided said sign(s) are internally oriented. However, the logo of tobacco sponsors shall be prohibited. Directional signs for walks and races may be installed by the permit holder, or his/her designee, provided that each sign is less than two square feet in size, attached to a street light or other utility pole at a height of between five and six feet without damaging the finish of the pole, and installed less than two hours prior to the start of the event and removed within one hour of the completion of the event. A plan showing the type and location of the proposed directional signs must be submitted as part of the community event permit application and be approved by the City. The City may remove signs that do not meet the installation and removal requirements of this Section and shall charge the permittee for the cost of this removal. 10 SECTION 4. Santa Monica Municipal Code Section 4.68.140 is hereby amended to read as follows: 4.68.140 Departmental service charge. (a) In addition to the payment ofthe non-refundable permit application fee and as detailed in the administrative guidelines adopted pursuant to this Chapter, a permittee shall pay the City for City departmental service charges incurred in connection with or due to the permittee's activities under the permit unless the event was City-produced or City co-produced. (b) City departments shall submit the final invoices and billings for department charges to the permittee no later than ten working days after the expiration date of the permit. (c) A permittee who claims an inability to pay department service charges due to indigency may have these charges waived in accordance with administrative regulations or guidelines adopted pursuant to this Chapter. Application for indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and docu mentation as may, in the opinion of the City Manager or his/her designee, be reasonably necessary to verify such status. For purposes of this Section 4.68.140, "indigent natural person" means: (1) a person who is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs (Sections 12200 to 12205, inclusive, of the California Welfare and Institutions Code), the California Work Opportunity and Responsibilityto Kids 11 Ad (CalWQRKs,l program (C""2 (commending ~ SeefiQb 1120001 1- . i' Part 3 ofDMsion&ofthe Califo~ia Welfareand~ ~). the Food S""'plGgNUnf7u.s.e. Sec.*:1...)......1\1ooo:of~Welfam and Institutions Code. (2) a person...... mot~ i~:.'125 ~Or ..... ..... CIImtnt'~'.~'Ine'~establis"_~~ofHlllh andHunW.~~l.I~~'~.Aa'of 1981, as amended. (d) An organization in which a majority of the members meet the crIeJia. -~...... .. 8.,trllhelin.b~l(e) of," SectIDn. may,aIsot>>e"ib."wafJ8f'Cf~"t s..... (e) No permittee shall be required to provide for or pay for the cost of public safety personnel to provide for the protection of a community event and its attendees from hostile members of the public or counter- demonstrations or for general law enforcement in the vicinity of the event. SECTION 5. Santa Monica Municipal Code Section 4.68.150 is hereby amended to read as follows: 4.68.150. Parade Routes. (a) Subject to the requirements of this Chapter, a community event permit may be issued for a march, procession, or parade in either direction on the following streets: 12 '1')OceanA--._tv+AdaI8ideDM(~eaJ,fimfts)8nd Pica Boulevard. (2) Commencing on Ocean Avenue at the intersection of Adelaide Avenue (northwest City limits) and continue south on Ocean Avenue to the intersection of Colorado Avenue, turning easterly on Colorado Avenue to the intersection of Main Street, turning southerly on Main Street, ending at the intersection of Main Street and Pico Boulevard. (3) Commencing on Main Street, north of the entrance to the Civic Auditorium parking lot and continue south on Main Street to the intersection of Marine Street, turning westerly on Marine Street to the intersection of Barnard Way, turning northerly on Barnard Way to the South Beach parking lot where the parade will disband. (4) Commencing on Main Street, north of the entrance to the Civic Auditorium parking lot and continue south on Main Street to the Santa Monica/Los Angeles border. (b) Minor adjustments to the routes established in subsection (a) of this Section may be authorized by the Community Events Committee to the extent necessary to avoid construction or other obstructions which would prevent the parade from proceeding on the established route. (c) Subject to all other applicable requirements of this Chapter, this Section does not prohibit the issuance of a community event permit for marches or processions on other streets so long as through and cross-traffic can be preserved and the safety of the marchers can be maintained. 13 Cd) Mardhes_~SSio", may not be cop~ I-"._.i. cl88sified by 1m City as arteriaFstreets between "'~Ot-~'a~fft.fo e:oa"?"4.tl.M~...'f...."'lMIsine.dayi~~mtIldIcot 'PrDG8I"i8be1nt~~~ewiUt~~"';~ orJla,nnedbylm pennittee, which is occurring .$JJ8<*1.......... street upon which the march will be conducted. , . " ~ON I. Santa Monica MuniCipal Code Section 4....181"lbeamend81~W read as follows: Itshall be unlawful for the permittee conductinga"'u.I1IY.~. use the words "the City of Santa Monica" or "City of Santa Monica," to suggest or indicate that the event is sponsored by the City or to use a facsimile of the seal or logo of the City of Santa Monica in the promotional materials or advertising for the event without the City's authorization, SECTION 7. Santa Monica Municipal Code Chapter 6.44 is hereby repealed in its entirety. SECTION 8. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance, 14 SECTION 9. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 10. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective thirty days after its adoption APPROVED AS TO FORM: F:\A TTY\MUN I\LA W S\BARRY\SPECIALEVENTSAMD20032d-1. W PD 15 Approved and adopted this 22nd day of April, 2003. J; '~d~- State of California ) County of Los Angeles) ss. City of Santa Monica ) I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2073 (CCS) had its introduction on April 8, 2003, and was adopted at the Santa Monica City Council meeting held on April 22, 2003, by the following vote: Ayes: Council members: O'Connor, Genser, Katz, Mayor Pro Tem McKeown Feinstein, Mayor Bloom Noes: Council members: None Abstain: Council members: None Absent: Council members: Holbrook ATTEST: -~ - \) .~.~ Maria M. Stewart, Ci~ Clerk