HomeMy WebLinkAboutORD NO. 22-1452 (AMENDING HBMC)
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CITY OF HERMOSA BEACH
ORDINANCE NO. 22-1452
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING HERMOSA BEACH MUNICIPAL CODE CHAPTER 12.30(SPECIAL EVENTS ON
PUBLIC PROPERTY) , SECTION 12.30.030 (SPECIAL EVENT APPROVAL AND PERMIT ISSUANCE), AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
The City Council of the City of Hermosa Beach does hereby ordain as follows:
Section 1. Findings
A. The City Council desires to clarify and amend the City’s process and substantive
review of special events in the City to ensure they continue to serve the community
and provide meaningful and beneficial benefits to the City.
B. At its July 5, 2022 meeting the Parks, Recreation, and Community Resources
Advisory Commission reviewed and recommended changes to the City’s Special
Event Policy Guide.
C. The proposed amendment to Section 12.30.030 of the City’s Municipal Code is
meant to make it consistent with the City’s Special Event Policy Guide.
Section 2. Chapter 12.30 Special Events on Public Property, Section 12.30.030 Special
Event Approval and Permit Issuance is amended to read in full as follows:
Chapter 12.30 Special Events on Public Property
Section 12.30.030 Special event Approval and Permit Issuance
A. Special events are categorized as Impact Level I, II, or III event based on the number
of participants, years of reoccurrence, location, time of the year, day(s) of the week,
number of consecutive days, and any additional requests. The event levels may be
further defined in a special events policy guide adopted by the city council.
B. Special events applications must be submitted as follows:
1. New events: If the new event is an Impact Level I or II, must be submitted at least
ninety (90) days in advance of the event. If the new event is an Impact Level III,
must be submitted no later than July 30 for the following calendar year.
2. Returning Level III events: must be submitted no later than July 30th for the
following calendar year.
3. Returning Level II events: must be submitted at least ninety (90) days prior to the
event.
4. Returning Level I events: must be submitted at least thirty (30) days prior to the
event.
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C. The parks, recreation, and community resources advisory commission and city council
will evaluate and recommend approval of Impact Level III events and a "Nothing
Weekend" first, and then recommend Impact Level II events within the targets established
in peak season event limits.
D. At the discretion of the community resources manager, applications may be
submitted and approved after the application submittal deadline has passed, provided:
1. There are unforeseeable circumstances (memorial service, team victory
celebration, need for minimal marketing/advertising).
2. The event does not exceed peak season or off season event limits.
3. The event can still meet all of the event approval findings (as noted in subsection
(F) of this section).
E. Special events will be reviewed as follows:
1. Any new event to Hermosa Beach will be subject to a public hearing before
both the parks, recreation, and community resources advisory commission and
the city council.
2. Returning Level III events: will be subject to approval by both the parks,
recreation, and community resources advisory commission and the city council.
3. Returning Level II events: will be subject to approval by the parks, recreation,
and community resources advisory commission and subject to appeal to the city
council.
4. Returning Level I events: will be reviewed and approved by the community
resources manager and subject to appeal to the parks, recreation, and
community resources advisory commission.
F. The community resources manager may issue a special events permit upon finding
that:
1. The special event is considered by the appropriate level of review identified in
subsection (E) of this section.
2. The applicant reimburses the city for all costs incurred by the city in connection
with the event, including public safety, traffic control and monitoring.
3. The number of estimated attendees can be accommodated at the proposed
location and surrounding area.
4. The applicant is capable and qualified to manage the event in a competent,
professional manner in accordance with all conditions of approval.
5. Adequate provision has been made for satellite parking, shuttle transportation
and traffic control.
6. Adequate provision has been made for security, crowd control, ingress and
egress, and cleanup.
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7. The total number of days required for the event shall not exceed sixteen (16)
days.
8. The applicant provides required insurance, deposits, bonding and
indemnification of the city.
G. The community resources manager may impose such conditions and operational rules
and regulations on the special event permit as are necessary to minimize its impact on
the community and to assure that it will not be a detriment to public health and safety.
Such conditions include, but are not limited to:
1. Monetary deposits, bonds and other security as may be necessary to guarantee
performance of all required conditions, cleanup and repair of any city property or
facilities damaged as a result of the event.
2. Procurement of liability and other insurance policies to protect the applicant
and attendees, naming the city and its officials and employees as additional
insureds.
3. Limitations on the hours of operation and volume of public address systems
and/or amplified music.
H. Any person may appeal a decision in regards to a special event permit application
by filing an appeal in writing to the city clerk within ten (10) days of the decision. The
appeal shall set forth the grounds upon which the appellant believes the decision is in
error or contrary to applicable law. The appellate body shall consider and take action
on the appeal at its next regular meeting following receipt of the appeal; provided, that
it may continue its deliberations to a date certain with the consent of the applicant. The
decision of the appellate body shall be final. (Ord. 16-1370 §6 (part), 2016)
Section 3. Environmental Review. The City Council finds that the adoption and
implementation of this ordinance is exempt from the provisions of CEQA as an
administrative activity by the City of Hermosa Beach, that will not result in any direct or
indirect physical change in the environment, per sections 15061(b)(3), and 15378(b)(5)
of the CEQA Guidelines, as well as CEQA Guidelines section 15064(e).The City Council
further finds that adoption and implementation of this ordinance is not a “project” for
purposes of the California Environmental Quality Act (CEQA), as that term is defined by
CEQA guidelines (Guidelines) sections 15061(b)(3), and 15378(b)(5). No new development will result from the proposed action. No impact to the physical environment
will result.
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this
ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.
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Section 5. Pursuant to California Government Code section 36937, this ordinance shall
take effect thirty (30) days after its final passage.
Section 6. The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of Hermosa Beach’s book of original
ordinances; make a note of the passage and adoption in the records of this meeting;
and cause it to be published or posted in accordance with California law.
PASSED, APPROVED and ADOPTED this 25th day of October 2022.
AYES: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Campbell,
Armato, and Massey. NOES: None
ABSTAIN: None ABSENT: None
________________________________________________________________________ Mayor Michael Detoy PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
_________________________ __________________________
Myra Maravilla Michael Jenkins
City Clerk City Attorney
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State of California ) County of Los Angeles ) ss City of Hermosa Beach )
November 3, 2022 Certification of Council Action
ORDINANCE NO. 22-1452 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING HERMOSA BEACH MUNICIPAL CODE CHAPTER 12.30(SPECIAL EVENTS ON PUBLIC PROPERTY) , SECTION 12.30.030 (SPECIAL EVENT APPROVAL AND PERMIT ISSUANCE), AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
I, Myra Maravilla, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the above and foregoing Ordinance No. 22-1452 was duly
approved and adopted by the City Council of said City at its adjourned regular
meeting thereof held via hybrid on the 25th day of October 2022 and passed by
the following vote:
AYES: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Campbell, Armato, and Massey NOES: None ABSTAIN: None
ABSENT: None
________________________________
Myra Maravilla, MPA, CMC
City Clerk
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