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HomeMy WebLinkAbout08/15/1989, 4 - CONSIDERATION OF TENT PERMIT APPLICATION FOR RELIGIOUS MEETING TO BE CONDUCTED AT SANTA ROSA PARK, Meeting Date: 8/15/89 111111111411Wu city of SAn Luis OBispo Item No: // = COUNCIL AG NDA REPORT T FROM: Randy Ross' \\ unity Development Director Prepared By: Greg Smith SUBJECT: Consideratiod of tent permit application for religious meetings to be conducted at Santa Rosa Park, and consideration of appeal of actions by the city Fire and Recreation Departments denying related permit applications. SUMMARY RECOMMENDATION: Deny the tent permit application and related appeal. DISCUSSION: The applicant wants to conduct religious meetings in a tent which he would erect in Santa Rosa Park. The meetings would be conducted on Wednesday through Sunday evenings during Cal Poly "Week of Welcome" (September 13 through 17). In all, the applicant needs approval of` -three separate city permits: Chapter 15.24 of the Municipal Code (Buildings and Construction: Tents) imposes a requirement for-a council-approved tent permit when a tent is to be used for an assembly involving ten or more people. Chapter 12.20 of the Municipal Code (Park Regulations) requires a permit to reserve park areas for gatherings of fifty or more people. The Parks Director has denied the application for a park permit, and the applicant has appealed to the council as provided in the Park Regulations. i Chapter 15.08 of the Municipal Code (Fire Prevention Code) requires permits for erecting a tent, and for assembly use. The decision of the Fire Marshal to deny these permits has been appealed to the City Council. SIGNIFICANT IMPACTS: The project is categorically exempt from environmental review requirements. No significant fiscal or other impacts are expected. I CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION: If the council approves the tent permit and upholds the appeal, the proposed meeting will be allowed to occur subject to whatever conditions the council deems appropriate. Council approval may be construed as a precedent affecting future applications. I ��� ► ►�IIIII�� III city of san tins owpo Sam COUNCIL AGENDA REPORT Page 2 BACKGROUND Data Summary , Address: 100 Block of Santa Rosa Street Subdividers/Owners: James Wenzel Zoning: PF General Plan: Public Facility Environmental Status: Categorically exempt. Site Description The 20'x40' tent would be located between the park's picnic pavilion and the Santa Rosa Street frontage, about 250' from residences and offices adjoining the north side of the park. The tent would be about 200' from the park's restrooms and main parking area. The site is surrounded by offices, single family residences, and apartments, with a gas station and other commercial uses across the street. EVALUATION As indicated in the attached statement by the applicant, the proposed tent would be used for religious meetings open to the public for five nights, from approximately 7:00 to 9:30 p.m. The tent would have closed sides, and would contain sound amplification and lighting equipment. A portable generator located outside the tent would furnish - electrical power. I . This application raises several policy issues, which staff has outlined below. 1. Park Usage Policy The Recreation Department Director is concerned that the proposed activity would interfere with use of the park by the general public and other groups which have requested reservations for the same period. Santa Rosa Park is heavily used, and WOW week is a peak use period. The length of the proposed use, and the size of the area needed, are greater than those normally approved by the Recreation Department. Since either an approval or a denial might be construed as a precedent for action on similar future applications, the council may wish to direct the city Parks and Recreation Commission to draft policies relating to long-term park use requests. The. Director also has logistical concerns with the application. The parking lot adjacent to the softball field will be closed due to a construction project during that period; overflow parking could be a nuisance for neighboring residents and businesses. These concerns are addressed in more detail in the attached memo from the Director. 2. Fire Safety I The Fire Marshal believes that large assembly uses conducted in tents are inherently hazardous, and opposes the proposed project. Tent fabric is treated with flame retardant processes, but will burn if exposed to flames. Thus, if a fire occurs within the tent (or adjacent to the outside of the tent), it may be damaged to the extent that parts of it collapse; occupants could be trapped. �� GAINS city Of Sm tins OBISPO COUNCIL AGENDA REPORT Page 3 It should also be noted that the extent of temporary lightifig and wiring increase the hazard of electrical fires occurring. If the tent is approved, the Fire Prevention Code requires numerous safety provisions, including the presence of standby fire personnel, provision of extinguishers, etc. 3. Noise It is likely that the amplified sound system will be audible from the yards of residences adjoining the park. Whether the sound level is high enough to disturb residents will depend on several factors: The type of sound system used. If numerous loudspeakers are distributed throughout the tent, the sound system can be operated at a low level of amplification, and the sound levels outside the tent will be relatively low. If only a few loudspeakers are used, they will have to be operated at a higher level, and the sound will travel farther. If speakers are placed outside the tent to attract attention or accommodate overflow crowds, sound impacts on neighbors will be increased. Operation of the sound system. Regardless of the type of system installed, neighbors could be disturbed if it is turned up high enough. The Park Regulations include a provision that requires sound amplification systems to be connected to a power source controlled by city staff, so that the system can be disconnected by staff if noise levels are excessive. However, activities conducted in city parks pursuant to a city-issued permit are exempt from the regular provisions of the Noise Regulations. Monitoring and controlling sound levels could prove difficult to enforce. Number of people in attendance. The noise level generated by one hundred or more people singing or shouting could be high enough to disturb neighbors. Weather conditions. Neighbors will be disturbed more if windows are open for ventilation, or if winds are calm or carry sound toward the residences. In staff's judgement, it would be extremely difficult to conduct the proposed meetings in such a way as to eliminate noise impacts on neighboring residents. If the tent permit is approved, conditions should be attached which attempt to mitigate noise impacts. 4 Other Concerns The Police Department's special events liaison officer notes concerns with managing large assembly uses in areas where there is no track record of appropriate provisions for traffic control, noise monitoring, etc. Recreation Department staff has expressed concerns with possible damage to turf and sprinklers which might be caused by the tent and concentrated pedestrian traffic. -3 I►► i ►��I{I� I�� city of san Luis owspo =1110irms COUNCIL AGENOA REPORT Page 4 The City Attorney's office advises that the fact that the applicant wishes to use the park for religious purposes is not relevant to council consideration. The application should be treated the same as if it were made by any other private group requesting a permit to erect a tent in the park for a five-day period. ALTERNATIVES The council may approve the tent permit and uphold the appeal, and may impose appropriate conditions of approval, including limits on the hours or number of days of operation. The council may deny the application and appeal if it finds that the proposed use would be detrimental to use of the park by the general public and/or other private groups, or would be detrimental to the public health, safety or welfare. OTHER DEPARTMENT COMMENTS Comments from affected departments are summarized above. Refer to attached memos from Recreation, Police, and Fire Department staffs, and from the Assistant City Attorney. RECOMMENDATION The council should adopt the attached draft resolution denying the tent permit application and related appeal. A draft resolution including suggested conditions of approval is also attached for J council consideration if the council determines the application should be approved. I Attachments: , Resolutions Vicinity Map Site Plan Floor Plan Applicant's Statement Staff Memos: Recreation, Fire, and Police Departments, City Attorney /Ordinance Excerpts: Tent Regulations, Park Regulations `Appeal gts4:tentsr 1 I i i ' I C RESOLUTION NO. (1989 SERIES) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPLICATION FOR TENT PERMIT 89-1 AND DENYING AN APPEAL OF THE ACTIONS BY THE RECREATION DEPARTMENT DIRECTOR AND FIRE MARSHAL TO DENY RELATED ADMINISTRATIVE PERMITS FOR A TENT TO BE LOCATED AT SANTA ROSA PARK WHEREAS, the applicant/appellant James Wenzel applied to the city for authorization to erect a tent on city-owned property at Santa Rosa Park for the period of September 13 through 17, 1989, said tent to be used for meetings which would be open to the public; and WHEREAS, the city Recreation Department Director denied the issuance of a Parks Permit as provided in Section 12.20.050 of the Municipal Code; and WHEREAS, the city Fire Marshal denied the issuance of permits required for a tent and O for an assembly use, as provided in Article 4 of the Uniform Fire Code; and WHEREAS, the applicant/appellant has appealed the actions of the Recreation Department Director and Fire Marshal to the council; and WHEREAS, on August 15, 1989, the council conducted a hearing to consider the Tent Permit Application 89-1 as provided in Section 15.24.050 of the Municipal Code, and to further consider the appeal; NOW, THEREFORE, the council of the City of San Luis Obispo denies the tent permit application and appeal, based on the following findings: SECTION 1. Findings 1. The proposed tent would unduly interfere with use of the park by the general public, due in part to the length of the period during which it would be in place. 2. The proposed activities would generate noise levels which would disturb residents of houses and apartments adjoining the park. 3. Inadequate parking facilities would be available at the park during the period for which the tent would be in place. C4. Occupancy of the tent structure for assembly purposes would constitute a fire hazard. +V Resolution No. (1989 Series) Tent Permit 89-1 Page 2 On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing document was passed and adopted this _ day of 1989. 1 Mayor ATTEST: City Clerk Resolution No. (1989 Series) Tent Permit 89-1 Page 3 APPROVED: (]CtityA ainistrative Officer City Attorney Community Development Director 7 i 1, RESOLUTION NO. (1989 SERIES) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN APPLICATION FOR TENT PERMIT 89-1 AND UPHOLDING AN APPEAL OF THE ACTIONS BY THE RECREATION DEPARTMENT DIRECTOR AND FIRE MARSHAL TO DENY RELATED ADMINISTRATIVE PERMITS FOR A TENT TO BE LOCATED AT SANTA ROSA PARK WHEREAS, the applicant/appellant James Wenzel applied to the city for authorization to erect a tent on city-owned property at Santa Rosa Park for the period of September 13 through 17, 1989, said tent to be used for meetings which would be open to the public; and WHEREAS, the city Recreation Department Director denied the issuance of a Parks Permit as provided in Section 12.20.050 of the Municipal Code; and WHEREAS, the city Fire Marshal denied the issuance of permits required for a tent and for an assembly use, as provided in Article 4 of the Uniform Fire Code; and WHEREAS, the applicant/appellant has appealed the actions of the Recreation Department Director and Fire Marshal to the council; and WHEREAS, on August 15, 1989, the council conducted a hearing to consider the Tent Permit Application 89-1 as provided in Section 15.24.050 of the Municipal Code, and to further consider the appeal; NOW, THEREFORE, the council of the City of San Luis Obispo approves the tent permit application and appeal, based on the following findings: SECTION 1. Findings 1. The proposed tent will not unduly interfere with use of the park by the general public, due in part to the length of the period during which it would be in place. 2. The proposed activities will not generate noise levels which would disturb residents of houses and apartments adjoining the park. 3. Adequate parking facilities will be available at the park during the period for which the tent will be in place. 4. Occupancy of the tent structure for assembly purposes will not constitute a fire hazard, if conducted in accordance with all provisions of the city's Fire Prevention Code. V �. Resolution No. (1989 Series) Tent Permit 89-1 Page 2 SECTION 2. Conditions 1. Tent shall may be erected on (council to insert annronriate_date) . and shall be removed by (council to insert aonronriate date) . 2. Sound amplification equipment shall be connected to a power source provided by the city Recreation Department, and shall be operated at all times in accordance with Section 12.20.040.E of the Municipal Code. 3. Sound amplification equipment shall be installed and tested in the presence of police department's noise control officer at least four hours prior to commencement of the first scheduled assembly activity. 3. Assembly activities and use of sound amplification system shall be limited to the hours of 6:00 P.M.. to 9:00 P.M. Participants shall disperse from the park premises by 9:30 p.m. 4. If, at any time, the police department determines that noise generated by -.1 non-amvlified sources associated with the assembly use authorized under this tent 1 permit, is unreasonably interfering with other persons using the park or with nearby residents in the comfortable and reasonable enjoyment of their premises, the police department shall ask the person in charge of the activity to reduce the noise level. If the police department request is not complied with, the assembly shall be terminated and the participants shall disperse from the park premises. 5. Applicant shall comply with all provisions of the Uniform Fire Code, including provision of standby fire personnel during assembly occupancy. reserve On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: Resolution No. (1989 Series) Tent Permit 89-1 - Page 3 the foregoing document was passed and adopted this _ day of 1989. Mayor ATTEST: City Clerk APPROVED: QgityAinistrative Officer City Attorney o Community Development Director tn� �y wi •w ��L��•. _`: w Q •A Oy, l=O . e`.r .w.:I.�rf•rt •1.1 fRMF 4 o SIERRA VISI. wUQo o °o 0 0 a ° a a••s a s n•• aaey 3T.RH_!s6y� _aT- o o00 O o0 0 ..� °l. Q ° o m _ i f•7 / w o PF O ` ���1 fA FROSA ?AF?K O �z °° , - c -�orl PF R-1 W o aw. Q r - - PArlr( IR- 0 3, N PF PF r ° �i -- -- R ,, - Klo r i O o ` O _ O Z 1-41 o _ O 0 , 1 , �� J � �f-f� e i I � I F' 3. iCz r. - AM 00 �EILZ;p •� Il ( IZ 13j 14� taj )(i 17 ?Li Z7 Zb 2�� syC o 4 Q 1 41 4Z . x11 4+ 4� 47 =i0 , 4 n i =l¢� g`.. ` I•°�7 `JL4 F� ' �c lJi J � �i ate, ..�J : � . i. �5 I�G'I �a7 � ;�• fir: �I �7� Lol - ?1 V 87It OFM Application Statement: Tent Meetings July 4, 1989 From approximately 7-9:30 pm on each of the evenings of September 13-17, 1989, James G. Wenzel III of 1685 Sydney St. , San Luis Obispo and H. Gregory Holder of 25641/2 Lawton St. , San Luis Obispo would like to conduct tent meetings at city owned Santa Rosa Park. The tent would be located on the grassy area of the park near the intersection of Santa Rosa and Oak streets. Taylor Rentals Center, 2790 Broad Street, San Luis Obispo, will erect the tent and have furnished the enclosed Certificate of Flame resistance for the tent material being used. The tent meetings themselves will be free, open to the public and will consist of singing, speaking, skits and refreshments at the end, with the purpose of announcing the teachings of the Holy Bible: The tent will be set up the morning of September 13 , 1989 and removed the morning of September 18, 1989. Thank you for your consideration of this application. 7 Sincerely, ,r James G. Wenzel III H. Gregory Holder 0 J ►�►��������������� ' city o San WIS OBISPO 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-81d0 MEMORANDUM TO: Randy Rossi, Acting Director of Community.Development FROM: Jim Stockton, Director of Recreation's DATE: August 2, 1989 L SUBJECT: Request to Erect Tent in Santa Rosa Park to Conduct Religious Services During Cal Poly WOW Week As you are aware, the Municipal Code does not provide the Park and. Recreation Director with authority to approve or disapprove a request to erect a tent structure in a .City park. When such a request was received in my office, I recommended that the individual seek a different form of use permit through Community Development Department procedures. You have now received this request and I would appreciate your consideration of a number of Park and Recreation Department concerns prior to coming to any decision. Concern 1 . The request is for a five-day program (September 13-17, 1989) which is anticipated to draw from 350 to 400 persons per day. Although we do reserve areas of Santa Rosa Park for individual daily use we have never before reserved an area for multi-day use for a single purpose, private enterprise programs. We have not allowed multi-day use for private programs because Santa Rosa Park is a public area and should be available to the general public to recreate as they see fit.. Concern 2. September, particularly during Cal Poly WOW week, is historically a high use time for Santa Rosa Park. Past records indicate that on Fridays and weekends all group BBQ areas have been reserved usually by families who are in town being introduced to Cal Poly. In addition we currently have two use requests received prior to the request in question for the same park area (dog show and local radio station activity) that would have to be cancelled should a tent be erected for multi-day use.. Concern 3. The Municipal Code is quite positive concerning amplified sound and sources of power for amplification in city parks. It is my understanding that the permit in question includes the use of a gasoline generator to power the amplification which is not allowed by the MC. In addition because of the residential nature of the community surrounding Santa Rosa Park, I would normally request that users shut down amplification by 6:00 P.M. Concern 4. Although our City Softball league will be in recess during the dates requested, they are in recess because of a construction project (installation of new softball lights) . The parking area between the main park and the softball i" field will be used as a materials storage area while the project is under construction and I would anticipate that a temporary fence would be necessary surrounding this area if a program is allowed that may generate 400 persons each day. This fencing would raise the project cost but be necessary to lessen liability exposure. Those are my major concerns, thank you for your consideration. MEMORANDUM yr From: Erwin L. Willis, Fire Marshal Subject: Request for Tent in Santa Rosa Park Date: July 27, 1989 The Uniform Fire Code requires a spectral permit for the use of a tent for any purpose. The Fire Department feels the use of a tent to house a large number of people is a threat to health and safety. Therefore, we no longer issue permits for the use of tents as an assembly area. We would recommend that this request be denied. I I TO: Chief Gardiner,.*' FROM: Sgt. English DATE: July 25, •1989 SUBJECT: Use of City Parks for non recreational special events. As the special event liaison officer for this department., I have a concern over the application by James Wenzel for the use of Santa Rosa Park for tent meetings. We -have been receiving increasing numbers of requests recently for approval of special events on City property outside of the downtown area. We have been denying them per present City policy that confines special .events to the downtown area for events of community wide interest. So far, the vast majority of special events on City property • are held in. Mission Plaza and on downtown streets. Planning for these events is fairly simple because of extensive experience we have acquired dealing with that area. If we begin to allow special events in outlying areas, we will be faced with problems that will be unique to each event that will require special planning. For this reason, I believe we should stick with our current policy and not allow expansion into parks, neighborhoods, etc. except in exceptional circumstances. Parks are currently used for recreational purposes such as athletic events, picnics, antique car shows, etc. I believe we should recommend to the recreation department that they continue to restrict the use of the parks to recreational activities and therefore deny the application by James Wenzel. DATE: August 2. 1989 TO: Greg Smith. Planner FROM: Bob Illman. Legal Assistant SUBJECT: PARK USE BY RELIGIOUS GROUPS The fact that the group seeking a perxit for parks use is a religious group should not make any difference in flow the application is treated. In interpreting both the G.S. and California Constitutions . tlae 9th Circuit Cour, of .appeals has held that renting; public facilities to religious groups does not violate the Establishme.n.t. Clause of either constitution. To deny religious groups equal rental rights violates their constitutional rights under the Equal- Protection Ciause of the 14th Amendment . Christian Science Reading Room v_ C`_ t. ::::d_Cot_nity of Si!n Francisco . :,espect /9I. . 21::�.1 .. . . denied 107 S . of . 953. "'���N City Of SAn hili OBISOPA Eliza990 Palm Street/Post Office Box 8100 • San Luis Obispo,CA 93403.8100 APPEAL TO CITY COUNCIL In accordance with the appeals procedure as authorized by Title I. Chapter 1.20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals from the decision of Fire Marshal/Recreation Dept. rendered on August 2, 1989 which decision consisted .of the following (i.e. set forth factual situation and the grounds for submitting this appeal. Use additional sheets as needed): The undersigned discussed the decision being appealed from with: on - �,�'vii, .,L%1�✓/�-��,�- . Appellants James G. Wenzel II Name/Title Representative 1685 Sydney St. SLO, CA Address ( 805_ ) 546-9021 Phone Original for City Clerk �S�O Copy to City Attorney ender or Copy to City Administrative Officer Copy to the following department(s) : ,4 r-c ty C I submitted this application and am pursuing an appeal based on recommended denial from both the Fire Marshal and the Parks Director. My ground for appealing the Fire Marshal's decision is based on the fact that the Municipal Code allows for tents to be set up according to Chapter 15.24. I am willing to meet the requirements of this chapter and specifically section 15.24.070 concerning flame proofing. Also the Certificate of Flame Resistance for the tent was reviewed and approved by Spencer Meyer, Fire Inspector for the San Luis Obispo Fire Department. According to the Municipal Code, this request is not out of the ordinary. Secondly, I would like to appeal the concerns as pointed out by the Parks Director. Concern 1. The anticipated attendance is much less than stated in the Parks Director's memorandum dated 8/2/89. Only 90 seats are proposed within the tent and if those -90 seats are filled, I feel those attending will be making use of their park for recreational purposes, This small corner- of the park will not interfere with any others who wish to enjoy the park. Concern 2. The barbeque area is separate from the proposed tent meeting location. No conflict will arise in allowing these 1 events to occur simultaneously. In June I / entered the Parks Department office and told. the secretary I would like to have a tent meeting in Santa Rosa Park from September 13-17. After she checked the schedule and told me the park was available for those dates she scheduled the event in the datebook. I was not informed of any prior requests. However, I am willing to hold my event simultaneous with the other requests. Concern 3 . According to Municipal Code 12 .20. 040 E, amplified sound is allowed in city parks. I am willing to meet the requirements as set forth in this section. Also in the same section, i..e 12 .20.040 E part 3, power sources are supposed to be provided by the Parks Department. I am willing to meet this requirement also. Lastly, no mention of an evening amplification turn off time is set forth in this section of the code; other parks such as Sinshimer have sports events amplified past 9: 00 pm. Incidentally, I am only proposing voice amplification. i Concern 4. Again, the anticipated attendance is approximately 90 people. I am willing to post signs and/or station parking attendants to direct people away form this area. Thirdly, I would like to mention in response to San Luis Obispo Police concern that this tent campaign is intended for the most part to be recreational in nature. The one hour meetings will consist mainly of skits, singing and pantomimes. The tent will also be watched 24 hours a day while erected. Finally, I am willing to meet all necessary requirements of the municipal code in order to conduct these meetings. I 15.20.080-15.24.030 building projects, except that upon a recon- 15.24.020 Permit—Required: mendation of the chief building official, the 15.24.030 Permit—Application— council may by resolution est lish fees to Information required. recover costs not borne by buil ng permit fees. 15.24.040 Permit—Fee. (Ord. 938 § I (part), 1982: pri code§ 8906) 15.24.050 Hearing—Permit issuance. 15.24.060 Permit—Duration—Removal 15.20.080 Enforcement xceptions. upon expiration required. The chief building offs al shall interpret and 15.24.070 FlameprooSng. enforce these regulation a chiefbuilding off- 15.24.080 Exceptions. cial shall grant excepti to the requirements of 15.24.090 Electrical equipment. these regulations if permit applicant demon- 15.24.100 Permit issuance—Compliance strates: with zoning ordinance required. A. A hot water stem using waste heat recov- 15.24.110 Sanitary facilities. ery or heat fro nondepletable energy sources 15.24.120 Inspection required prior to use. will supplant sentially the same amount of energy that co Id be provided by solar energy— 15.24.010 Tent defined. a system wh' h would substantially reduce the "Tent."as used in this chapter,is any structure use of fossi fuel or electricity for water heating or enclosure constructed of canvas or other com- will be a loved: or bustible fabric or similar material. (Prior code § B. Su icient solar exposure is not available 8190.1) and ca of be made available by means readily availa a to the applicant. Circumstances which 15.24.020 Permit—Required. woul preclude sufficient solar exposure and No person shall erect,use or maintain any tent wa nt an exception include, without limita- other than as provided in this chapter and Article do 32 of the Uniform Fire Code,without first having 1. Shading during a substantial part of the obtained a permit to do so from the council in the ear or day by neighboring landforms,structures manner hereinafter provided. (Ord. 978 § 1, or vegetation. 1983: prior code§ 8190.2) 2. Insufficient building or site area under con- trol of the applicant upon which the necessary 15.24.030 Permit—Application— area of solar collectors could be installed. (Ord. Information required. 938 § I (part), 1982: prior code§ 8903) Application for the erection, use or mainte- nance of any tent shall be made to the council, through the department of planning and build- Chapter 15.24 ing. Application shall be in the form of a letter. submitted not less than twenty days prior to the TENTS erection or use of the tent.Each application shall be accompanied by the following information: Sections: A. Address ofthe site on which the tent is to be 15.24.010 Tent defined. erected or used; clan Luis Obiwo 140 336 �f- p2d2 15.24.040-15.24.120 B. Name and address of the owner of the be tlameproofed and shall meet all requirements property; of Section 30.06 of the Uniform Fire Code. ' C. Name and address of the person(s)or firm (Prior code § 8190.7) for whom the tent is to be erected; D. Name and address of the person(s)or firm 15.24.080 Exceptions. erecting the tent; Any tent in or under which less than ten E. A statement of purpose for which the.tent persons may gather;or which covers an area not is to be erected and used; in•excess oftwo hundred square feet,shall not be F. The length of time the tent is to be main- subject to this chapter or the requirements of tained and used; Article 32, Uniform Fre Code. (Prior code § G. A fully dimensioned plot plan for the site 8190.8) showing the size of the tent, distances to other structures, property lines and uses; 15.24.090 Electrical equipment. H. Location of available parking space. All electrical wiring and other electrical (Prior code§ 8190.3) equipment shall meet the requirements of the electrical code of the city..(Prior code § 8190.9) 15.24.040 Permit—Fee. A permit and inspection fee,in the amount of 15.24.100 Permit issuance—Compliance fifteen dollars,shall be paid at the time of appli- with zoning ordinance required. cation.Ten dollars of this fee is refundable if the No permit shall be issued for any tent, which permit is denied. (Prior code § 8190.4) is contrary to the provisions of Division I of Title 17 of this code. (Prior code § 8190.10) 15.24.050 Hearing—Permit issuance. Within twenty days following the filing of an 15.24.110 Sanitary facilities. -1" application, the council shall hear the request Toilets and other sanitary facilities shall be for permit and shall render its decision. If the provided as required by the building official council shall find the issuance of the permit and/or health officer. (Prior code § 8190.11) would not be detrimental to the public safety, interest or welfare, the council may grant the 15.24.120 Inspection required prior to use. permit. The application shall otherwise be No person shall use or occupy or permit the denied. (Prior code § 8190.5) use or occupancy of any tent regulated by this chapter. until the.tent shall have been inspected 15.24.060 Permit—Duration—Removal and approved for use by the building official. fire upon expiration required. marshal and health officer. (Prior code § In approving any permit. the council shall 8190.12) specify the number of days the permit shall remain in effect;provided,however,that no per- mit shall authorize the erection and mainte= nance of any tent at any location for more than thirty consecutive days. Any tent authorized under this chapter shall be promptly dismantled and removed when the permit expires. (Prior - code§ 8190.6) 15.24.070 Flameproofing. / Anv canvas or other fabric used in tents shall 337 (ssa Luis Otnspo 7-94) 1 12.20.045-12.20.050 matter left by the animal in or upon the park; charge of the assembly, or any other person provided,however,that this subsection shall not appearing to be involved in the production of apply to animals properly in the park under the the sound, to immediate reduce the level provisions of subsections CI, C2 and C7 of this thereof. section. or to guide dogs for blind or disabled If the sound is not reduced within five min- persons. utes to a level-satisfactory to the officer, he shall E. Amplified Sound in City Parks immediately disconnect all amplifiers from the m I. Purpose. The council enacts this legisla- power source provided by the park department. tion for the sole purpose of securing and pro- if the sound is reduced to a level satisfactory to moting the public health, comfort, safety and the officer,and he thereafter finds that the sound welfare of its citizenry. While recognizing that level appears to have again been increased, he certain uses of sound amplifying equipment are shall then disconnect all amplifiers from the protected by the constitutional rights of free- power source provided by the park department. dom of speech and assembly, the council nev- 5. The council shall by resolution adopt stan ertheless feels obligated to reasonably regulate dards prescribing stairs discretion in issuing the use of sound amplifying equipment in order permits for sound amplifiers. such standards as to protect the correlative constitutional rights of recommended by the city attorney. the citizens of this community to privacy and F. Presence in Parks During Certain Hours freedom from the public nuisance of loud and Prohibited. No person shall enter, remain, stay unnecessary sound. or loiter in any public park between the hours of 2. Permit Required for Amplifiers. It is ten p.m.and five a.m.of the following day with- unlawful for any person to install, use and oper- out approval from the director. (Ord. 601 § 1, ate within a park a loudspeaker or any sound 1983: Ord. 976 § 1, 1983: prior code § 4226.3) amplifying equipment forthe purposes of giving instructions,directions,talks,addresses and lec- 12.20.045 Authority to close. tures,or of transmitting music to any personsor Any section or part of a park may be declared assemblages of persons in the park, or in the closed to the public by the director at any time vicinity thereof, except when installed, used or and for any interval of time, either temporarily operated in compliance with one of the follow- or at regular and stated intervals(daily or other- ing provisions: wise), and either entirely or merely to certain a. By authorized law enforcement, fire uses. as the director finds reasonably necessary. department or park and recreational personnel; (Ord. 1001 § 2, 1983; prior code §4226.12) b. Under a reservation or a permit issued by the director, and when operated in accordance 12.20.050 Reservation of park areas and with the terms of the reservation or permit. structures. 3. Power Source for Amplifiers. Amplifiers A. Reservation for Park and Recreation permitted in parks shall be operated only Department Activities. The director shall be through a power source provided by the park responsible for scheduling and controlling the department. use of parks. or portions thereof, for the max- 4. Regulation of Amplified Volume. If, at imum benefit and participation by interested anytime.the police department determines that persons and groups. both public and private. the sound produced by an amplifier in the park Activities sponsored by the park and recreation is unreasonably interfering with other persons department shall be given preference in the use using the park or with nearby residents in the of city parks. comfortable and reasonable enjoyment of their B. Reservations Without Formal Permits. premises. an officer shall request the person in Persons who desire to use park areas or struc- _ 243 (San Luis Obispo 7.84) _402_4�/ 12.20.060-12.20.0% tures for gatherings or assemblies of less than cant to provide additional water and sanitary 1 fifty persons may request the director to reserve facilities and refuse receptacles as he reasonably designated park areas for such use. believes to be necessary for the protection of the If the director is satisfied from the informa- public health, safety and welfare in connection tion presented to him that the desired area may With the intended use. be reserved for the intended use without unrea- 1 4. The director may require the applicant to sonably interfering with the use of the park by provide a designated number of approved other persons.and without disturbing the.peace security personnel for the puropses set forth by of the surrounding neighborhood,he may grant the chief of police upon such application. the reservation upon such conditions as he 5. The applicant shall agree to reimburse the deems necessary.The director will issue reserva city for any unusual cleanup and facility repair tion forms as necessary to verify the granting of expenses incurred as result of the activity autho- such reservations. rized by the permit. (Prior code§4226.4) If, for any reason,the director is not satisfied as to the reasonableness of the proposed activity 12.20.060 Transfer of permits or in relation to the use of the park by other per- reservations—Written consent sons, or as to the effect of such use upon the required. peace of the neighborhood,or if he finds that he No permit or reservation for the use of a park, is unable to agree with the applicant as to the or any portion thereof. shall be transferable conditions to be imposed,he shall ask the.appli- Without a written consent of the director.(Prior cant to fill out a request for formal permit in code § 4226.5) accordane with the procedures of subsection C of this section. 12.20.070 Appeal—Hearing—Council's C. Reservations by Formal Permits. The fol- determination to be final. a person Any act ordetermin- lowing procedures shall be followed by persons P aggrieved by any desiring to reserve park areas for gatherings or ation of the park director or the chiefof police in assemblies of fifty or more persons and by per- the exercise of the authority herein granted shall sons requested by the director to complete a have the right to appeal to the council. The request for formal permit under the provisions appeal shall be in writing, stating the decision of subsection B of this section. appealed. from and the reasons for the appeal. I. Applications for formal permits must be The appeal shall be filed with the city clerk submitted in writing upon forms available at the within five working days after the occurrence of office of the city park and recreation depart- the act or determination forming the basis for ment. not less than five working days nor more the appeal. The appeal shall be heard by the than ninetv calendar days in advance of the council at the first regular council meeting intended use. occurring more than five days after the filing of 2. The director may impose such reasonable the appeal. Appellant may, at his expense. conditions upon the issuance of the formal per- request that the hearing be transcribed,in which mit as he deems necessary for the protection of event appellant shall pay a fifty dollar minimum the public health, safety and welfare, including, deposit for the services of the reporter at the without limitation, conditions related to: time, time of filing the appeal. Any unused portion of place, frequency, duration, consumption of the deposit shall be refunded to the appellant. alcoholic beverages, maximum attendance. The decision of the city council upon the appeal parking restrictions. and placement of permit- shall be final. (Prior code § 4226.6) ted apparatus and equipment. X C3. The director may also require the appli- (san Luis Obispo 7.84) 244 � SAN LUIS MEDICAL LABORATI, ' MEETING AGENDA 175 Snnla Rosa Streot RNOLO ©. PARKER, Bioanatysl San Luis Oblspo, CA 93401 D�T1'�C GS� 1IT11��I�V1117,F1 -Tt 'Ti7%Ilu'C'T'7iT1KER'•'i, ireolor Phone: 805 543-5718 Supervisor k.Gerlotes aciiort by Lead Person Respond by: �noil �rtyy°Atty ¢(r) sreC�Tb� �pf . ,d0006,t' - - Z7 C) r,,� cz, RECEIVED AUG 1 b inn, CITY.CLERK Sig QpJsao.c� VERA& SllRtON VAN"' MEETING.. ,.. AGENDA! v� �'_ 1035 OAK ST. � DATE ITEM # SAN LUIS OBISPO, tit 93401 Aug. 13, 1989 Fe5wCF=Y LwCity of San Luis Obispo. City Council 990 Palm St. San Luis Obispo,Ca 93403-8100 `T1t0AX`1'a/� Do�DE�2 City Council: ?e lent Permit Santa Rosa Park ;e are vehemently against any tent religious services in tits nei riborhood. e cal-Mot abide the noise, P.A. System;, and loud singin.q! Santa Rosa and the adjacent streeta are_,ow,QVk.r� burdened vvith traffic and parking problems. ie are suite certain t_i,^t access to our drives mould be blocked. ':.e spca'; for t_-,ree families on Oar: 3t & S-anta Rosa. �ECti. ED AUG 141989 uE go�. -s&so• 9 � � , , , i ��; � � , / -� .i � � /% � �� I � . / j �:.a;. ��. �� l� ✓ i� i ��� .� � 1' � / ��� i �i i � I /, I� !- ,�.. � r, � i, � � i � I / %/ / / � / � i ' % / � ///� i � / / � i i1� � �_ i � � 1 �/ '��� �///� J / �/ / � � ' //� %�� ' :' i i �. / i � % i r / / � /� / ' .� � � � � ! ) � ' ✓ � iii �' 1 . /�i / � /� �!_/ � / � ' � / % / / / � / / �/ / i � /, I ' / %/ / / ' �� / f / / / � � ` f�i � � /� � /�i �/ j �✓, �� / �'i / / /tel. % � ✓/ � / // � /� i%/ / / � �' %�/ f � / / � / ��� � �� �� L�� � ��� � � / / � / / / / �/ i /���/ � • ' '' / / / �� � ! / � / / / /� � � � .I % i� / i�/ � i jai / � � /� / � i �i / ��/f � � /� / �� // i / ,� � / /: � ��/' � /'� 1 / � i � / i � , � , � i � , � � ���' / l �� �� i .I � j � � , , , i �� � � �' .i i � I � / / � . ` /� F •� �'' / � '� � �! i / i /'/ / / . / / � / % % ///� i � / / � /1�' � i /i � % '�1r �// � / �/ / � � '// � i�� � // / j / , / . /�i / ' � �� �!_/ / � � � / � _ � i � / ' i ; �i � i � : � ,r i' i / � � j /� i / .� / /�'�/ _ / ! / / � ii / � �j / / , i may''/ � i, / i � /� � %� / � � / �� / i �/ / ��/f' / � / � 1 i � � � / i '� 'fir� / � ,� 1 �'i �� /�, i r: / i. � ';� / � � r� ' � /� / � / / �/ I � MEETING AGENDA ll eliz '/ ' ITEM ClOf Denotes by E&W persm �I o . 990 Palm Street/Post Office Box 8100 * San Luis Obispo, CA 934 ��C010ny _- � August 2, 1989_ _____ r,. W _ _ .Y.._ .. M. �/• CITY COUNCIL PUBLIC HEARING NOTICE TENT PERMIT - SANTA ROSA PARK FLGr Our records indicate that your property is located near the subject property. You are, therefore, being noticed that the San Luis Obispo City Council has received a request to allow a tent be installed in Santa Rosa Park for the purpose of conducting religious services. The applicant is also appealing the Park Director's decision to deny a park permit and the Fire Marshal's decision to deny tent and assembly permits as required by the Uniform Fire Code. The agenda report, including recommendation by staff, will be available in the City Clerk's Office (Room 11 of City Hall) on the Wednesday before the meeting. The meeting will be held on Tuesday, August 15, 1989 at 7:00 P.M. in the Council Chambers of City Hall, 990 Palm Street. Other public hearings may be held before or after this item. The public is welcome to attend and comment and written comments are encouraged. For more information, please call Greg Smith, Associate Planner, in the Community Development Department at 549-7174. Pam Voges, ity Clerk RECEIVED AUG 9 19W . CITY CLERK SAN LUIS 001".CA•.. oIo � C I(I �jO Shc� WIS OBlMMhspo 990 Palm Street/Post Office Box 8100 a San Luls Obispo, CA 93403-8100 August 2, 1989 CITY COUNCIL PUBLIC HEARING NOTICE TENT PERMIT - SANTA ROSA PARR Our records indicate that.your property is located near the subject property. You are, -therefore, being noticed that the San Luis Obispo City Council has received a request to allow a tent be installed in Santa Rosa Park for the purpose of conducting religious services. The applicant is also appealing the Park Director's decision to deny a park ,permit and the Fire Marshal's decision to deny tent and assembly permits as required by the Uniform Fire Code. The agenda report, including recommendation by staff, will be available in the City Clerk's Office (Room 01 of City Hall) on the Wednesday before the meeting. The meeting will be held on Tuesday, August 15, 1989 at 7:00 p.m. in the Council Chambers of City Hall, 990 Palm Street. Other public hearings may be held before or after this item. The public is welcome to attend and comment and written comments are encouraged. For more information, please call Greg Smith, Associate Planner, in the Community Development Department at 549-7174. Pam rity Clerk ECEIV -- E AUG 9 1989 CITY CLERK SAN Lull oFtmPr) r%A �D a�n�m� �ud ✓� � �im°s6P � �ti :W ; III +,,j.},;�,].. ClSPID o san lolls OBI 990 Palm Street/Post Office B. 8100 • San Luis Obispo,CA 93403-8100 { ;k August 2, 1989 CITY COUNCIL PUBLIC HEARING NOTICE " TENT PERMIT - SANTA ROSA PARK fid' Our records indicate that your property is located near the subject property. You are, therefore, being noticed that the San Luis Obispo City Council has received a request to allow a tent be installed in Santa Rosa Park for the purpose of conducting religious services. The applicant is also appealing the Park Director's decision to deny a park permit and the Fire Marshal's decision to deny tent and assembly permits as required by the Uniform Fire Code. The agenda report, including recommendation by staff, will be available in the City Clerk's Office (Room 11 of City Hall) on the Wednesday before the meeting. The meeting will be held on Tuesday, August 15, 1989 at 7:00 p.m. in the Council Chambers of City Hall, 990 Palm Street. Other public hearings may be held before or after this item. The public is welcome to attend and comment and written comments are encouraged. For more information, please call Greg Smith, Associate Planner, in the Community Development Department at 549-7174. RECEIVE® . Pam r' ity Clerk AUG 9 1989 I 1S OBISPO. A i.. + �I�81 City Of SAn tuis OBISPO 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100 August 2, 1989 CITY COUNCIL PUBLIC HEARING NOTICE TENT PERMIT - SANTA ROSA PARK Our records indicate that your property is located near the subject property. You are, 'therefore, being noticed that the San Luis Obispo City Council has received a request to allow a tent be installed in Santa Rosa Park for the purpose of conducting religious services. The applicant is also appealing the Park Director's decision to deny a park permit and the Fire Marshal's decision to deny tent and assembly permits as required by the Uniform Fire Code. The agenda report, including recommendation by staff, will be available in the City Clerk's Office (Room #1 of City Hall) on the Wednesday before the meeting. The meeting will be held on Tuesday, August 15, 1989 at 7:00 p.m. in the Council Chambers of City Hall, 990 Palm Street. Other public hearings may be held before or after this item. The public is welcome to attend and comment and written comments are encouraged. For more information, please call Greg Smith, Associate Planner, in the Community Development Department at 549-7174. RECEIVED Pam Voges,rit Clerk AUG 9 198Y Cf n fL/�'/"� UITY CLERK � ", �7 _ lj(�/ 1S OBISPOS CA �� 4;! ' �/ s .. ` K T.J�'r$'��i*' V"KN :•*c,o- ^, a �ii.Y__r,�,�.r yJ. y� y�.w'.r .I��• t2yN�-rYi�«�"M-�w,�)j,�]�u�}1�''`S, %7c3��4!�' {,� � �. � .p� ���`1. .I7Vi_Ki�77'.y� .. _ r �f7Y+•Y' �Ynf.f�t� �C�r.Sn.2 <.4+1L r t a�. s.Ci... {r �.X > r; . .v;j�,T.� ��5� ',.�a a_• .,'., ' iL �L !�f vy lF .. I �•�tY '�vi ?�.i ?." ,M. rf '4 _ Park. . _; ti,f ar, :r�crrea or an not fbr� rslig.ou® or ebirch uce. It .7would crczate ;more 'traffic than_ thr're is now which would also be obiectior ..-2br• . I hope the City Council vri.11 rot iesue a perr_,it for the tort. ,::;ion by Ltfatl Pewon y. 0 o'vBIS? .ca sAs Lu�s o (I \rp �I a4 � Cl O Sm LUIS ON - 990 Palm Street/Post of floe Box 8100 • San Luis Obispo,CA 93403-8100 K•;: August 2, 1989 ' CITY COUNCIL PUBLIC HEARING NOTICE TENT PERMIT - SANTA ROSA PARK Our records indicate that your property is located near the subject property. You are, 'therefore, being noticed that the San Luis Obispo City Council has received a request to allow a tent be installed in Santa Rosa Park for the purpose of conducting religious services. The applicant is also appealing the Park Director's decision to deny a park permit and the Fire Marshal's decision to deny tent and assembly permits as required by the Uniform Fire Code. The agenda report, including recommendation by staff, will be available in the City Clerk's Office (Room 11 of City Hall) on the Wednesday before the meeting. The meeting will be held on Tuesday, August is, 1989 at 7:00 p.m. in the Council Chambers of City Hall, 990 Palm Street. Other public hearings may be held before or after this item. The public is welcome to attend and comment and written comments are encouraged. For more information please call Greg Smith, Associate Planner, in the Community Development Department at 549-7174. Pam Voges, ity Clerk U a AUG 5 :`1969 fur./.✓.pa077 fACA �" ___.cirvcLERK '--: CL CD 0 > rn M ro .9,0 zo, 9p