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HomeMy WebLinkAbout0885ORDINANCE NO. 885 (1981 Series) AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO MODIFYING THE REQUIREMENTS OF THE CITY'S TENT PERMIT REGULATIONS TO (1) SHORTEN THE PERMIT APPLICATION PERIOD AND (2) DELEGATE THE COUNCIL'S RESPONSIBILITIES THEREUNDER TO THE BOARD OF ADJUSTMENTS WHEREAS, Circus Vargas (hereafter "the Circus ") desires to present numerous circus performances in the City (on a portion of the parking area at the Madonna Shopping Center) on May 7, 8. 9 and 10, 1981; and WHEREAS, the Circus has applied with the City for a temporary use permit to allow the performance; and WHEREAS, on April 27, 1981, it was determined by City Staff that the Circus must acquire a tent permit pursuant to Municipal Code Sections 8190 - 8190.12 (copy attached, marked "Exhibit A "); and WHEREAS, under the terms of the tent permit regulations (1) application must be made at least 20 days prior to erection of the tent and (2) only the City Council may approve such an application; and WHEREAS, at least 20 days prior to May 7, 1981, the Circus requested informationfrom the City regarding any City permits and approvals required for its performances; and WHEREAS, this Council is desirous of allowing the Circus to present its performance as planned, NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The provisions of City's aforementioned tent permit regulations hereby are waived and modified to accomodate the Circus, as follows: (a) The Circus's temporary use permit application hereby is deemed to include an application under the City's tent r ORDINANCE NO. 885 (1981 Series) Page 2 April 28, 1981 permit regulations; and (b) The application time limit herebyfis waived; and (c) The Council hereby delegates its duties under the tent permit regulations to the Board of Adjustments;,and (d) The Board of Adjustments is directed to hear the tent permit application in conjunction with its hearing on the Circus's application for temporary use permit. SECTION 2. The waivers and modifications set out in Section 1 shall apply only to the Circus's proposed performances on May 7, 8, 9 and 10, 1981; otherwise, Sections 8190 - 8190.12 of the Municipal Code shall remain in full force and effect as adopted by the Council by Ordinance No. 521 (1971 Series). SECTION 3. This ordinance is declared to be an ordinance for the immediate protection and preservation of the public peace, health and welfare, in that: (a) Unless the Council so acts the residents of San Luis Obispo and surrounding areas will be deprived of the unique thrills, gaiety, and spontaneous pleasure of .circus performance; (b) Unless the Council so acts the Circus will be unable to perform as planned, even though the Circus made timely inquiries concerning required City approvals. SECTION 4. This ordinance being an emergency measure, as described above, and passed by at least four affirmative votes of the Council, it shall remain in effect until its stated purposes are accomplished. SECTION 5. The City Clerk shall cause this ordinance to be ORDINANCE NO. 885 (1981 Series) Page 3 April 28, 1981 published within five days in a newspaper of general circulation, but delay in publication or even failure to publish, shall not affect its validity. SECTION 5. This ordinance may be rescinded by the Council at any time by affirmative vote of at least three of its members. INTRODUCED AND FINALLY PASSED by the Council of the City of San Luis Obispo at a meeting held on the 28th day of April, 1981, on motion of Councilman Dunin , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Bond,. Dovey and Mayor Billig NOES: None ABSENT: None ATTEST: ACTING ITY CLERK AM VOGES APPROVED: City A ministrative OTficer a City Attorney 419.0,�A �� ome—f- Community De elopmen rector i �q. EXHIBIT A Chapter 1 —PART IX SECTION 8190. Tents. (Ordinance No. 521- 1971 Series,) SECTION 8190.1 Definition. "Tent" as used in this Chapter is any structure or enclosure con- structed of canvas or other combustible fabric or similar material. SECTION 8190.2 Permit Required. No person shall erect, use or maintain any tent other than as pro- vided in this part and Article 30 of the Uniform Fire Code, without first having obtained a permit to do so from the Council in the manner herein ,3fter provided. SECTION 8190.3 Application. - Application for the erection, use. or maintenance of any tent shall be made to the Council, through the Department of Planning and Building. Application shall be in the form of a letter, submitted not less than twenty (20) days prior to the erection or use of said tent. Each application shall be accompanied by the following information: 1. Address of the site on which the tent is to be erected and used. 2. Name and address of the owner of said property. 3. Name and address of the person(s) or firm for whom the tent is to be erected. 4. Name and address of the person(s) or firm erecting said tent. 5. A statement of purpose for which said tent is to be erected and used. 6. The length of time said tent is to be maintained and used. 7. A fully dimensioned plot plan for the site showing the size of the tent, distances to other structures, property lines and uses. 8. Location of available parking space. SECTION 8190.4 Permit Fee. A permit and inspection fee, in the amount of $15.00, shall be paid at the time of application. $10.00 of this fee is refundable if the per- mit is denied. SECTICIN 8190.5 Hearing and Issuance of Permit. Within twenty (20) days following the filing of an application, the Council shall hear the request for permit and shall render its decision. If the Council shall find the issuance of the permit would not be detrimental to the public safety, interest or welfare, the Council may grant said permit. The application shall otherwise be denied. SECTION 81.90.6 Duration. In approving any ermit, the Council shall specify the number of days the permit shall remain in effect, provided however, that no permit shall authorize the erection and maintenance of any tent at any location for more than thirty (30) consecutive days. Any tent authorized under this section shall be promptly dismantled -and re- moved when the permit expires. SECTION 8190.7 Flame Proofing. Any canvas or other fabric used in tents shall be flameproofed and shall meet all requirements of Section 30.06 of the Uniform Fire Code. SECTION 8190.8 Exceptions. Any tent in or under which less than ten (10) persons may gather, or which covers an area not in excess of two hundred (200) square feet, shall not be subject to this part or the requirements of Article 30, Uniform Fire Code. SECTION 8190.9 Electrical Equipment. All electrical wirin- and other electrical equipment shall meet the reauirements of the Electrical Code of the City of San Luis Obispo. SECTION 8190.10 Zoning Ordinance. No rrmlt shall be issued for any tent, which is contrary to the provisions of the Zoning Ordinance of the City of San Luis Obispo. SECTION 8190.11 Sanitary Facllitim. Toilets and other sanitary facilities shall be provided as required by the Building Official and /or Health Officer. SECTION 8190.12 Inspection. No person shall use or occupy or permit the use or occupancy of any tent regulated by this section, until said tent shall have been Inspected and approved for use by the Building Official. FIre Marshal and Health Officer.