Item Coversheet

Agenda Item No: 12.






AGENDA REPORT

DATE:

June 15, 2021 

TO:

Mayor and City Council

FROM:

Stefan T. Chatwin, City Manager


SUBJECT:Public Hearing; and

First Reading and Introduction of Ordinance 2021-11 of the City Council of the City of Fairfield Amending Chapter 12A and Section 12.17 of the Fairfield Municipal Code (Also Known as Special Events Ordinance of the City of Fairfield) to Clarify the Application Process for Special Event Permits and to Amend Insurance and Indemnity Requirements; and

First Reading and Introduction of Ordinance 2021-12 of the City Council of the City of Fairfield Amending Section 25.1405 of Chapter 25, Article X of the Fairfield Municipal Code (Also Known as Noise Regulations of the City of Fairfield) to Amend Exemptions to Said Noise Regulations
 

RECOMMENDED ACTION 
Hold public hearing; waive full readings, read by titles only; and introduce ordinances for first readings.
STATEMENT OF ISSUE 
Staff identified a need to clarify and update responsibilities and the process for permitting special events on public and private property, as well as within the public right-of-way. The proposed ordinances make necessary changes to regulations for the efficient processing of special event permits, clarifies regulations for special events, and makes an exemption in noise regulations for permitted special events. 
DISCUSSION

In 2013, City Council formalized a process for reviewing and approving a varied range of special events. Typical events in Fairfield historically included city sponsored events, carnivals, parades, dances, and concerts. However, Chapter 12A of the Fairfield Municipal Code (“FMC”) currently does not address regulatory requirements for events based on size, and therefore applies the same permitting review requirements for smaller events as larger events, which may be a barrier to some applicants. 

The first proposed ordinance (Ordinance) amends Chapter 12A of the FMC to specify two categories of events: 

• Major Special Events are those that have more than 350 attendees in total, or more than 75 attendees where alcoholic beverages are furnished or sold. 

• Minor Special Events are those that have fewer than 350 attendees in total, or fewer than 75 attendees where alcoholic beverages are furnished or sold. 

By categorizing events based on size, the Ordinance provides an easier path for applicants to organize smaller community events. This is accomplished by reducing the review timeframes for event applications for Minor Special Events and authorizes an expedited review process for an additional fee. The Ordinance further clarifies that events that do not meet the definition of a special event, but that is being hosted within a city park or facility, is not required to obtain a special event permit, but must still obtain approvals pursuant facility rental requirements as detailed in Chapter 12B.15 of the FMC.

Additionally, Chapter 12A currently exempts the City from following the special event permitting requirements. As the City focuses on creating more robust special event offerings for the community, applying the same permitting requirements for City events will create better records for long-term event program success and improve internal cross-departmental coordination.

The Ordinance makes various other amendments to clean up and clarify language related to special event permitting. These include revised language for indemnification and insurance requirements to meet the city’s current standards. 

Upon adoption and implementation of the Ordinance, as allowed by the Ordinance, staff will implement various administrative improvements to the special event permit application form and approval process. Staff’s goal with the improvements is to create greater internal efficiencies and make special event permitting easier for event organizers. 

Noise Ordinance
During review of proposed changes to Chapter 12A, staff identified a conflict with Section 25.1405 of Chapter 25, Article X of the FMC, relating to noise regulations. Currently, strict noise restrictions and prohibitions for amplified music or speakers apply to special events. Recognizing that many special events involve such uses, staff recommends modification to Section 25.1405 of Chapter 25, Article X of the FMC allowing an exemption to the prohibition of such noise for special events that receive a permit per Chapter 12A. 

Under the proposed changes, permitted special events are exempt from the noise ordinance standards in Section 25.1405 of Chapter 25, Article X of the FMC, subject to the time limitations as specified. Permitted special events will still be prohibited from noise outside of the hours of 7:00 a.m. to 10:00 p.m. Additionally, Chapter 12A requires applicants to demonstrate that any amplified noise will not exist within 150 feet of any residential properties and allows conditions of approval for special event permits. This provides staff opportunity to review special event applications on a case-by-case basis and require any necessary mitigation measures to limit impacts of special event noise by neighboring properties.  

On May 26, 2021, the Planning Commission of the City of Fairfield considered and adopted Planning Commission Resolution 2021-14 recommending the council approve the proposed ordinance amending Section 25.1405 of Chapter 25, Article X of the FMC. 

 

Environmental Review
The proposed amendments to the text of the Zoning Ordinance are exempt from California Environmental Quality Act (CEQA) under Section 15301. Use of Existing Facilities, Section 15305, Minor Alterations to Land Use Limitation, and Section 15323, Normal Operations of Facilities for Public Gatherings, as well as the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment. The text amendments make minor changes to clarify the procedures for permitting special events in existing buildings and sites which are unlikely to have significant environmental effects beyond those already permitted in the FMC.


FINANCIAL IMPACT
The recommended action by council will not have any direct financial impact on the city. Per Section 12A.5.f., applicable fees shall be set by  council resolution. Upon adoption of the Ordinance, staff will review all applicable special event permit fees and return to council with a resolution to update and clarify fees for processing special event applications. 
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION 
A public hearing notice was published in the Daily Republic newspaper on June 4, 2021 and on the City of Fairfield website. A public hearing of the Planning Commission was held on May 26, 2021 for consideration of amendment to Section 25.1405 of Chapter 25, Article X of the FMC and no public comments were received. The commission approved the amendment via Resolution 2021-14. 
ALTERNATIVE ACTION 
Council may direct staff to make additional modifications to the proposed ordinances or reject the proposed ordinances. 
STAFF CONTACT 
David Gassaway, Assistant City Manager
(707) 428-7398
dgassaway@fairfield.ca.gov   
 

COORDINATED WITH 
City Manager's Office, Community Development Department, Fire Department, Parks and Recreation Department, Police Department, Public Works Department
ATTACHMENTS:
Description
Attachment 1: Proposed Ordinance - Special Events-Chapter 12A
Attachment 2: Chapter 12A Redline Changes
Attachment 3: Proposed Ordinance - Noise Regulations Amendment
Attachment 4: PC Resolution 2021-14
REVIEWERS:
ReviewerActionDate
Gassaway, DavidRejected6/8/2021 - 11:24 AM
Gassaway, DavidApproved6/8/2021 - 2:58 PM
Alexander, AmberApproved6/8/2021 - 4:16 PM
Alexander, AmberApproved6/8/2021 - 4:32 PM