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Draft LTP 4-24

Fort Bragg City Council
August 12, 2024

Document
Draft LTP 4-24
Meeting
August 12, 2024
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Fort Bragg City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on legistar1.granicus.com. That file is the official record.

CITY OF FORT BRAGG
Incorporated August 5, 1889
416 N. Franklin Street
Fort Bragg, California 95437
tel. 707.961.2827
fax. 707.961.2802
www.fortbragg.com

DRAFT LIMITED TERM PERMIT ACTION NOTIFICATION
This document provides notification of the decision as indicated below. If you have any questions, please contact the Community Development Department at City Hall.

APPLICATION NO.: Limited Term Permit 27-24 (LTP 27-24)
PROPERTY OWNER: City of Fort Bragg
APPLICANT/AGENT: City of Fort Bragg
REQUEST: Limited Term Permit to authorize an event called the “Biggest Big Time.” The event will include 20 vendors selling food, beverages, crafts and wares, as well as dancing 5-6 dance groups), singing, and games. Vendors and organizers will arrive Friday, October 4, 2024 at 3 pm, camp at Noyo Headlands Friday and Saturday nights, the event will occur Saturday, October 5, 2024 from 1 pm – 10 pm and clean-up will be complete Sunday, October 6, 2024 by 12 pm. One fire will be burning in an above ground metal fire bit and will be constantly attended to.

LOCATION: Noyo Headlands Park
ASSESSOR’S
PARCEL NO: 018-430-10 and 018-430-11
DATE OF ACTION: September 23, 2024
ACTION BY: _x_ Acting Community Development Director
ACTION TAKEN: _ _ Approved (See attached Findings and Conditions)

EFFECTIVE DATE
OF ACTION: October 4, 2024
Local appeal process and fee: Decisions of the Community Development Director shall be final unless appealed to the Planning Commission in writing within 10 days of the decision date with a filing fee of $1,000 to be filed with the Community Development Department.

THIS PROJECT IS: X_ Not appealable to the Coastal Commission. _ _ Appealable to the Coastal Commission pursuant to Chapter 17.92.040 of the City of Fort Bragg Coastal Land Use and Development Code

NOTIFICATION
MAILED TO: City of Fort Bragg
416 N. Franklin St.

Fort Bragg, CA 95437
DATE OF MAILING: September 23, 2024

CONDITIONS OF
APPROVAL: See attached findings and conditions
Community Development Department Statement: I hereby certify that conditions which must be met prior to issuance of this permit have been met and that this permit is deemed by the City of Fort Bragg Community Development Department to be a valid permit subject to all conditions of approval. _____________________________ _________________ Acting Community Development Director Date
Statement of Responsible Party: I am responsible for assuring the temporary event is carried out in compliance with all applicable regulatory requirements, and I hereby certify that I have reviewed the conditions of approval and the project will be carried out in conformance with the specified conditions as attached. _____________________________ _________________
Responsible Party Date
Notice: This permit must be signed and returned to the Community Development Department.

FINDINGS AND CONDITIONS:

LTP 27-24 has been approved based on the following findings:

FINDINGS
The proposed short term activity as described in the application and supplemental materials, as modified by any conditions of approval, is in conformity with the City of Fort Bragg’s Coastal Land Use and Development Code (CLUDC), including but not limited to all applicable standards of Section 17.71.030 of the Coastal Land Use and Development Code, and the proposed short term activity will not adversely affect the environment; The proposed project is a temporary use for a limited term and is compatible with existing uses on the property; For the purposes of the environmental determination, this project has been determined to be exempt from further environmental review pursuant to the CEQA Guidelines, Section 15304(e), minor temporary use of land; and The proposed location of the use and conditions under which it may be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

STANDARD CONDITIONS
This action shall become final on the 11th day following the decision unless an appeal to the City Council is filed pursuant to Chapter 17.92.030; The application, along with supplemental exhibits and related material, shall be considered elements of this permit, and compliance therewith is mandatory, unless an amendment has been approved by the City; This permit shall be subject to the securing of all necessary permits for the proposed development from City, County, State and Federal agencies having jurisdiction. All plans submitted with required permit applications shall be consistent with this approval; This permit shall be subject to revocation or modification upon a finding of any one or more of the following:

That such permit was obtained or extended by fraud.

That one or more of the conditions upon which such permit was granted have been violated.

That the use for which the permit was granted is so conducted as to be detrimental to the public health, welfare or safety or as to be a nuisance.

A final judgment of a court of competent jurisdiction has declared one or more conditions to be void or ineffective, or has enjoined or otherwise prohibited the enforcement or operation of one or more conditions; and The site occupied by the short term activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter by used in compliance with this Development Code.

ENCROACHMENT PERMIT GENERAL PROVISIONS
A permit is issued under the provisions of Chapter 5.5 of Division 2 of the Streets and Highways Code and Chapter 9.72 of the Fort Bragg Municipal Code. Except as otherwise provided for public agencies and franchise holders, the permit is revocable on five (5) days notice.

It is understood and agreed by the applicant that the doing of any work under the permit shall constitute an acceptance of the provisions, terms, conditions and/or restrictions The permit shall be kept at the site of the work and must be shown to any representative of the grantor or any law enforcement officer upon demand.

PUBLIC CONVENIENCE - Applicant shall so conduct operations as to offer the least possible obstruction and inconvenience to the public. Unless otherwise provided on the permit, all public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the permittee at his/her expense. Any soil or debris tracking from a construction site is strictly prohibited. If the spillage is hazardous, the Mendocino County Office of Environmental Health must be notified at 964-2714, as well as the Fort Bragg Police Department at 964-0200.

PUBLIC SAFETY - Should the Applicant’s operations create a condition hazardous to the public, he/she shall furnish, erect, and maintain, at his/her expense, such fences, barricades, lights, signs, and other devices as are necessary. Applicant shall furnish at his/her expense, such flagmen and guards as are necessary to prevent accidents or damage or injury to the public. No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic. Should the Applicant’s operations create a condition hazardous to traffic, please see Special Conditions attached.

An encroachment permit does not relieve permittee from the responsibility of obtaining all applicable permits and/or licenses as may, in connection with the work or activity therein described, be required from other public agencies and/or commissions. Failure by applicant to secure all necessary and applicable permits and/or licenses shall nullify the permit.

LIABILITY FOR DAMAGES - Applicant is responsible for all liability for personal injury or property damage which may arise out of work herein permitted, or which may arise out of failure on the permittee’s part to perform his/her obligations under the permit in respect to maintenance. In the event any claim of such liability is made against the City of Fort Bragg, or any department, officer, or employee, thereof, applicant shall defend, indemnify and hold them and each of them harmless from such claim.

DUE CARE shall be exercised to avoid injury to existing Highway improvements or facilities. City road surfacing shall be replaced by equal or better than the surfacing disturbed. The cost of all materials, labor, etc. necessary for installation of the encroachment shall be borne by the permittee. The cost of any labor and materials for repairs to the road by city forces, made necessary by the work done under the permit, shall be charged to the permittee at actual cost.

SPECIAL CONDITIONS
This permit is granted for a limited term and is valid Friday, October 4, 2024 from 3:00 PM to Sunday, October 6, 2024 at 12:00 PM.

The site occupied by the short-term activity shall be cleaned of litter, debris, or other evidence of the temporary activity on completion or removal of activity prior to 12:00 PM Sunday, October 6, 2024.

Throwing or releasing of any confetti or similar effects is prohibited.

Throughout the duration of the event, applicant shall supply free potable water for consumption.

Applicant shall supply portable toilet facilities at a ratio of 1 portable toilet per 100 people in attendance in addition to hand washing stations.

Effective recycling and waste management is important. Event organizer shall provide a Public Waste Management Plan to the Mendocino Solid Waste Management Authority in Ukiah (707) 468-9710. Event organizer shall provide trash and recycling containers on site. All trash shall be disposed of at an approved disposal facility.

If an event tent is required, the applicant shall obtain a tent permit from the Fort Bragg Fire Department.

Applicant shall provide a traffic plan, including where personnel/volunteers will be to direct traffic to assigned parking areas.

Parking is allowed on the Runway. ‘No parking’ signs shall be obtained from the Public Works Department and placed on the Eastern side of the Runway to prevent parallel parking. Please contact Ian Sanderson at (707) 961-2836 to obtain signs.

Tent camping for vendors and organizers is allowed on the event meadow (see map attached) If not already accomplished, two weeks prior to the commencement of the event, the applicant shall create a preliminary plan with Caltrans and the Fort Bragg Police Department regarding the locations at which “event ahead” signs, barricades, police officers, and volunteers, etc. shall be placed.

Applicant shall provide the Fort Bragg Police Department with the name and phone number of an on-site contact during all hours the event is open to the public at (707) 961-2808 at least 7 days before the event.

All electric cords and other equipment used must be placed in such a way and secured (preferably with Duct Tape) so as not to be a trip hazard, and to be ADA compliant, where they cross a sidewalk or other public path of travel.

All electrical that will be needed for outdoor use must be GFCI protected, even if the power is supplied from an interior outlet. This is a safety measure, which will trip the receptacle breaker before it shocks somebody, if the cord or equipment accidentally gets wet.

Applicant shall notify Noyo Center for Marine Science of event details.

Applicant and participants shall obey all “Do Not Enter” signs and fences blocking the area where erosion has occurred near the northwest corner of the trailer park. City Public Works Department will install temporary fencing and signage.

The applicant shall obtain a “Community Event Permit Application" at least one month prior to the event and all individual food vendors shall be required to submit a “Temporary Food Facility Permit Application” as required by the Mendocino County Department of Environmental Health. Please contact Manuel Ramirez of Mendocino County Environmental Health at (707) 234-6633 for coordination of permits. 6 1

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