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Home My WebLink About03 - Special Event PermitsTO: CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 3 May 25, 2010 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Kathlyn Bowden, AICP, Economic Development Coordinator 949 - 644 -3230, kbowden @newportbeachca.gov SUBJECT: Amendment to Section 11.03.020(B) of the Municipal Code ISSUE: Should the City Council approve an amendment to Section 11.03.020(B) of the Municipal Code eliminating farmers' markets from regulations pertaining to special event permits? RECOMMENDATION: Introduce an ordinance amending Newport Beach Municipal Code Section 11.03.020(6) to eliminate farmers' markets from the special event permit process, and pass to second reading on June 8, 2010. DISCUSSION: The City's Municipal Code currently requires a special event permit for the operation of farmers' markets, though in practice the City's special event permitting process works best for single non - recurring events that are 1-4 days in duration. Bundled special event permits are available for up to 20 event permits per year, but are not designed for events that require the closure of public right -of -way or events that recur on a weekly basis, such as most farmers' markets. The bundled special event permit is not an annual permit; rather, the bundled permits were designed to provide a discount to organizations such as the Newport Dunes who host many similar events (e.g. weddings) throughout the year. City staff has identified a license agreement as a better mechanism for permitting ongoing farmers' markets. The license agreement allows for conditions to be placed on the operation, the duration of the license, insurance requirements, indemnification, etc. With an amendment to Section 11.03.020(B) of the Municipal Code eliminating farmers' Amendment to Municipal Code Section 11.03.020 May 25, 2010 Page 2 markets from the special event permitting process, city staff may use a license agreement, or other appropriate vehicle to regulate farmers' markets. Staff has received a proposal from a market operator interested in holding a weekly recurring Certified Farmers' Market in Lido Marina Village. Staff believes that this market would be best permitted through a license agreement. Amending Municipal Code Section 11.03.020(B) to eliminate farmers' markets from the special event permit process would allow staff to proceed with formalizing a license agreement for the proposed market. The Corona del Mar Farmers' Market has operated successfully without a special event permit since 1996. On May 12, 2009, City Council approved a five -year license agreement (as opposed to the previous annual encroachment agreements) with the Corona del Mar Farmers' Market, and, to date, the license agreement has worked well as a regulating mechanism. Environmental Review: This action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Prepared by: VE t hlyn Bowden AICP conomic Development Coordinator Submitted by: AZ,4,0�,, 4ye—_ Sharon Wood Assistant City Manager Attachment: Proposed ordinance amendment to Newport Beach Municipal Code Section 11.03.020(B) ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 11.03.020(B) OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO SPECIAL EVENT PERMITS WHEREAS, the City of Newport Beach ( "City ") regulates special event permits in Newport Beach Municipal Code ( "Code ") Section 11.03.020(8); and WHEREAS, Section 11.03.020(8) includes farmers' markets as events that require special event permits; and WHEREAS, the City has determined that a license agreement is a more suitable method of regulating farmers' markets in that it allows for conditions to be placed on the operation, the duration of the license, insurance requirements, indemnification, etc.; NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: SECTION 1: Section 11.03.020(8) of Chapter 11.03 of the Newport Beach Municipal Code is hereby amended to read as follows: Section 11.03.020 General Provisions B. Applicability. These regulations shall apply to the following special events: 1. Outdoor concerts and other entertainment, public or semi public, dance, recreation, or sporting events. 2. Circuses, carnivals, fairs and festivals. 3. Swap meets. 4. Walks, runs, athletic events, bicycle and vehicle races not exempted under subsection C of this section. 5. Organized /Sponsored Vehicle and boat shows. 6. Sales events outside the normal sales area of a business, such as sidewalk and parking lot sales and other special promotions. 7. Auto dealer sales events involving promotional attractions such as barbecues, tents, canopies, special signage, and similar facilities. 8. Fireworks displays. ',f 9. Outdoor weddings and picnics with attendance of one hundred fifty (150) or more persons, within guidelines established by City Council Policy B -16. 10. Assemblies, conferences or meetings in a designated reserved area outdoors, with attendance of one hundred fifty (150) or more persons. 11. Street fair, craft show on a residential or commercial right -of -way which is likely to obstruct or delay or interfere with normal flow of pedestrian or vehicular traffic. 12. Other events with potential attendance of one hundred fifty (150) or more persons, as determined by the Director, which are not exempted per subsection C of this section. 13. Car washes whereby the public is encouraged /invited to attend. SECTION 2: The provisions of this ordinance shall be effective thirty (30) days after the adoption of this ordinance by the City Council. SECTION 3: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 4: The City Council finds that this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 5: 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 of the City, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 25th day of May, 2010, and adopted on the 8th day of June, 2010, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYO ATTEST: LEILANI BROWN, CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: LEONIE MULVIHILL, ACTING CITY ATTORNEY ? 3 5 �5 -10 ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 11.03.020(6) OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO SPECIAL EVENT PERMITS WHEREAS, the City of Newport Beach ( "City ") regulates special event permits in Newport Beach Municipal Code ( "Code ") Section 11.03.020(6); and WHEREAS, Section 11.03.020(B) includes farmers' markets as events that require special event permits; and WHEREAS, the City has determined that a license agreement is a more suitable method of regulating farmers' markets in that it allows for conditions to be placed on the operation, the duration of the license, insurance requirements, indemnification, etc.; NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: SECTION 1: Section 11.03.020(B) of Chapter 11.03 of the Newport Beach Municipal Code is hereby amended to read as follows: Section 11.03.020 General Provisions B. Applicability. These regulations shall apply to the following special events: 1. Outdoor concerts and other entertainment, public or semi public, dance, recreation, or sporting events. 2. Circuses, carnivals, fairs and festivals. 3. Swap meets. 4. Walks, runs, athletic events, bicycle and vehicle races not exempted under subsection C of this section. 5. Organized /Sponsored Vehicle and boat shows. 6. Sales events outside the normal sales area of a business, such as sidewalk and parking lot sales and other special promotions. 7. Auto dealer sales events involving promotional attractions such as barbecues, tents, canopies, special signage, and similar facilities. 8. Fireworks displays. 9. Outdoor weddings and picnics with attendance of one hundred fifty (150) or more persons, within guidelines established by City Council Policy B -16. 10. Assemblies, conferences or meetings in a designated reserved area outdoors, with attendance of one hundred fifty (150) or more persons. 11. Street fair, craft show on a residential or commercial right -of -way which is likely to obstruct or delay or interfere with normal flow of pedestrian or vehicular traffic. 12. Other events with potential attendance of one hundred fifty (150) or more persons, as determined by the Director, which are not exempted per subsection C of this section. 13. Car washes whereby the public is encouraged /invited to attend. SECTION 2: The provisions of this ordinance shall be effective thirty (30) days after the adoption of this ordinance by the City Council. SECTION 3: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 4: The City Council finds that this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 5: 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 of the City, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 25th day of May, 2010, and adopted on the 8th day of June, 2010, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS 11. ABSENT COUNCILMEMBERS MA ATTEST: By: LEILANI BROWN, CITY CLERK APPROVED AS TO FORM: OFFICE OF TH CITY ATTORNEY Y� 6E IE ULVIHILL, ACTING CITY ATTORNEY ,y`t