DRAFT
ORDINANCE NO. XX-2022
AN O RDINANCE OF THE CITY OF FREMONT AMENDING
FREMONT MUNICIPAL CODE TITLE 12, STREETS, SIDEWALKS
AND PUBLIC PROPERTY , CHAPTER 12.25 SECTIONS 12.25.010,
12.25.040, 12.25.050 AND 12.25.120
THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. FMC SECTION 12.25.010 AMENDED
Fremont Municipal Code Title 12, Chapter 12.25, Section 12.25.010 is amended to read as follows:
Sec. 12.25.010 Applicability – Permit required for special events.
Subsections (a) through (b) remain unchanged.
(c) This chapter does not apply to:
(1) Events on city owned property that are authorized pursuant to any lease to which the city is a party or by a license or permit issued by the city under any other authority, to the extent the application of this chapter would be inconsistent with such leases or licenses;
(2) Any event held solely within a city public park, community center or senior center, meaning that no organized portion of the event is scheduled for or intended to occur inside of the boundaries of a public park, or within a city community center or senior center. For purposes of this chapter, “public park” has the meaning ascribed to that term in the city’s master plan for parks. This exception from this chapter shall not apply to Neighborhood – Civic Parks and Plazas where city council has approved oversight under the recreation division of the community services departmentcity plazas (i.e., Niles Town Plaza, Bill Ball Plaza, etc.). For purposes of this chapter, “public park” and “Neighborhood – Civic Parks and Plazas” have has the meanings ascribed to themthat term in the city’s Comprehensive Parks and Recreation Master Plancity’s master plan for parks.
SECTION 2. FMC SECTION 12.25.040 AMENDED
Fremont Municipal Code Title 12, Chapter 12.25, Section 12.25.040 is amended to read as follows:
Sec 12.25.040 Late applications.
(a) Any application received after the deadlines established in Section 12.25.030 is a late application and is subject to a late fee, in an amount set by resolution of the city council. The city manager shall not accept late applications unless the manager finds that:
(1) The proposed special event is in response to an occurrence whose timing did not reasonably allow the applicant to file a timely application; and (2) The imposition of the time limitations would place an unreasonable restriction on the free speech rights of the applicant.
(3) Other unforeseen circumstances may have prevented the applicant from applying within the established timeline.
(b) When the city manager or designee finds both one or more of the above conditions to exist, the city manager or designee may considershall determine acceptance of the application and process it in accordance with this chapter unless it does not meet the criteria set forth in Section 12.25.030, or there is insufficient time for the city to make the necessary preparations for traffic control or other public safety matters prior to the proposed date and time of the special event.
SECTION 3. FMC SECTION 12.25.050
Fremont Municipal Code Title 12, Chapter 12.25, Section 12.25.050 is amended to read as follows:
Sec. 12.25.050 Permits – Standards for issuance of denial - Notification. (a) The city manager shall issue a permit for a special event unless he or she determines that one or more of the following conditions exist:
(1) The application is incomplete for failure to provide the information required by Section 12.25.030;
(2) The applicant has not tendered the required application fee, deposit, or insurance certificate and endorsement(s), unless such tender has been waived as set forth in this chapter;
(3) The information contained in the application, including supplemental information provided if any, is found to be false in any material respect, the purpose of the event is contrary to law, and/or the applicant has failed to meet the city requirements for a permit;
(4) A special event permit has been issued and/or a prior application for a special event has been received for an event to be held at the same time and place; (5) The special event will unduly interfere with vehicular ingress to, egress from, or travel on a freeway, state designated highway, or major arterial collector street of the city;
(6) The special event will unreasonably interfere with fire or police protection, including presenting a substantial traffic or safety hazard;
(7) Event sizes or durations will require diversion of so great an amount of city safety services, it would divert an undue amount of resources from other city needs, particularly of safety services to other areas of the city; (8) The security arrangements that have been made are inadequate; (9) One or more of the applicants or persons whose name is shown on the application was also named on an application for a special event in Fremont that resulted in a violation of this chapter or similar law in another jurisdiction within the 12 months preceding the current application;
(10) The special event is deemed to have adverse impacts to a residential area; (11) If the special event is proposed to be held on public property, the proposed special event would conflict with a previously scheduled and planned event or activity organized by the city for the same time and place as the proposed special event, however the event may be approved to allowbut exceptions may be granted to established or recurring events that were previously held successfully in the city or to events that may have a significant beneficial economic, public health, safety, or other impacts to the city;
(12) The applicant, or person named in the application, or the organization on whose behalf the application is submitted has, on prior occasions, damaged city property and has not paid in full for such damages, or has other outstanding and unpaid debts to the city;
(13) The applicant is legally incompetent to contract or to sue and be sued; (14) The applicant fails or refuses to comply with any permitting requirements or conditions of approval.
Subsection (b) through (g) remain unchanged.
SECTION 4. FMC SECTION 12.25.120
Fremont Municipal Code Title 12, Chapter 12.25, Section 12.25.120 is added to read as follows:
Sec. 12.25.120 Fees.
Subsections (a) through (b) remain unchanged.
(c) The deposit for the estimated cost of city services as required by this section may be reduced or waived by the city manager or designee if the city manager or designee finds that the applicant is a recipient of city funding for such events or has a credit rating supporting such a waiver or reduction. Such finding shall be based upon a determination that none of
the conditions set forth in subsection (d) of this section have occurred at past events organized, sponsored or conducted by the applicant or person(s) named in the application and that at least three of the following are the case:
(1) The applicant has sufficient cash flow to cover the total estimated costs of the special event, plus any ongoing organizational expenses;
(2) The applicant has a consistent history of paying bills in a timely manner; (3) The applicant has no liens or fines by any local, state or federal agency; (4) The applicant has a credit rating of “good” by an established and widely recognized third party rating system such as Dunn and Bradstreet or a similar rating by a similar agency or organization.
Subsections (d) through (f) remain unchanged.
SECTION 5. CEQA
Updates Amendments to Special Events and Parades Ordinance are, an administrative government activity, that is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that the there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Amendments to the Special Events and Parades Ordinance will clearly not have a significant effect on the environment and, thus, CEQA does not apply. The Council therefore directs that a Notice of Exemption be filed with the Alameda County Clerk in accordance with the CEQA guidelines.
SECTION 6. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fremont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 7. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.
SECTION 8. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption, this ordinance once in a newspaper of general circulation printed and published in Alameda County
and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within fifteen (15) days after adoption of this ordinance, the City Clerk shall cause the ordinance to be published again with the names of those City Council members voting for and against the ordinance; and the City Clerk shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
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The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the ____ day of ------, 2022, and finally adopted at a regular meeting of the City Council held on the ____ day of _______, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
Sr. Deputy City Attorney