§ 9-199. Issuance of permit; conditions

(1) After the permit application has been granted and the applicant notified, the city manager or his/her designee shall issue the permit for the period requested but not to exceed one (1) year.

(2) The permit shall be issued upon such conditions as may be required to ensure compliance with city regulations governing the matters contained in the application or as are reasonably necessary to protect the peace and tranquility of any residential area, mitigate traffic impacts, protect other uses in the area, or to protect the public health and safety.

(3) Any event or activity which occurs on a city street, sidewalk, alley or other city right-of-way is required to make a security deposit in an amount to be determined by the city manager to assure proper clean up and replacement of public property to its original condition and cost of city services.

(4) The permit shall not relieve or waive the requirement that an event or activity, including, but not limited to, automobile races, bicycle races, foot races, block parties, craft fairs, parades, soap box derbies, rallies or other activities which require street closures, must obtain a permit or other approval from the public services department for the encroachment on, use or closure of such street or city right-of-way pursuant to title 15 of this Code.

(5) Any event or activity which occurs on a city street, sidewalk, alley or other city right-of-way and which is likely to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic, shall provide written notice to all businesses and residences affected by such event at the time of application for a permit or other approval for such said closure and shall provide a list of those to be notified and form of notification at the time of application.

(6) Where the city manager determines based on recommendations from applicable city departments that the cost of city services incident to the staging of the permitted activity will be increased, because of the permitted activity under this article, the city manager may require the permittee to make payment into the general fund of the city in an amount equal to the increased cost of city services attributed to the permitted activity.

(7) For all events or activity which will take place on premises owned or occupied by the City of Costa Mesa, the city manager shall require as a condition of the issuance of a permit and the applicant shall obtain, furnish proof of and maintain insurance in a form reviewed and approved by the city attorney or his designee as set forth herein. The insurance policy shall be endorsed to name the City of Costa Mesa and its elected and appointed boards, officers, agents, and employees as additional insured, and shall provide that any other insurance maintained by the City of Costa Mesa shall be in excess and not contributing with the insurance coverage provided to the City of Costa Mesa under the permittee's policy. The minimum limits of liability shall conform to the schedule which shall be adopted by resolution of the city council; provided, however, that in no case shall the minimum limits of liability be lower than one million dollars ($1,000,000.00) combined single limits, per occurrence and in the aggregate. Any applicant who is unable to obtain liability insurance in the amount required by the city council resolution may apply to the city council for approval of a lesser amount. An indemnity agreement, signed by the applicant in a form approved by the city attorney, may be required.

(8) Where the city manager determines that there is a substantial danger of injury or damage to the public and/or property because of the permitted activity on non-city owned property the city manager may require a policy of insurance and indemnity agreement as specified in subsection (7) of this section.

(9) Notwithstanding the provisions of this article, where the city manager determines that the application is for an activity that involves free speech, including, but not limited to, protest rallies, parades, demonstrations, pickets, political campaign events, boycotts and similar free speech activities, the time period for the granting or denial of a permit for such activity or event shall be two (2) calendar days after acceptance of a complete application and application fee. A permit for activities covered by this paragraph shall be issued by the city manager, with or without reasonable conditions, unless he finds that the proposed activity or event will occur under the circumstances specified in subsection (1) of section 9-195. Where a permit application for activities covered by this subsection is denied, or approved with conditions, the applicant shall have the right to appeal the denial or approval with conditions to be heard at the next public hearing of city council, provided, however, where such hearing will not occur within three (3) calendar days after the decision, the police chief or his/her designee shall immediately hear and decide the appeal in lieu of city council. The decision on the appeal by the city council or the police chief shall be based on written findings and shall be final and conclusive on the matter, and subject to California Code of Civil Procedure section 1094.6.

(Ord. No. 95-13, § 2, 9-18-95)