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City of Hermosa Beach --- 03-09-99
PROPOSED
BALLOT INITIATIVE
COASTAL CONSERVATION ACT
Recommendation
Staff recommends that Council Members receive and file this
report.
Background
At the February 23, 1999 meeting, Council directed the City
Attorney and staff to examine the ballot initiative proposed by
Donley Falkenstien that seeks to add regulations and restrict
temporary events in the Coastal Zone and to establish coastal
conservation requirements for the City.
Analysis
Attachment A
outlines some of the potential impacts of items in this
proposed ordinance. The grid identifies several issues of
concern that in most part relate to one or more of the three
core issues listed below:
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The
ambiguity
of the language contained in the ordinance would make
its interpretation, implementation, and enforcement extremely
difficult and costly for the City. In short, it is
complicated, confusing, and duplicitous.
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The
inclusion of the entire coastal zone
with regards to the addition of substantial
regulatory controls and associated costs for temporary events
that could effect: (a) school, (b) charitable, and (c) civic
events.
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The
fiscal impact
of the proposed initiative to the City with regards
to:
- a.
requirements related to storm water run-off, weekly
testing programs, and the establishment of a non-profit
research center;
- b.
the increased administrative costs and contract costs
associated with extensive monitoring requirements for special
events; and
- c.
the potential loss of general fund revenues with
shifts of funds to storm water diversion and other programs
required in the ordinance.
These core issues combined with the items in
Attachment A
outline staffs' preliminaryconcern
s
with the proposed ordinance. Staff will await any further
direction from Council on this issue.
Fiscal Impact: TBD
Attachments
Attachment A: Grid providing analysis of proposed
ordinance.
Agendas / Minutes Menu
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Proposed Initiative Petition
Hermosa Beach Coastal Conservation Act
REFERENCE
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ITEM
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IMPACT(S) / ISSUES
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FISCAL IMPACT(S)
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ENTIRE ORDINANCE
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COASTAL ZONE
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This ordinance would impact more than beach events.
Some of the areas impacted include:
- Hermosa Valley School
- Clark Sports field
- Hermosa Valley Park
- South Park
- Pier Plaza
- Pier Avenue
Events that may be affected include:
- Beach events
- Community Sunset Concerts
- Triathlon
- Sand and Strand Race
- CBVAVolleyball Tournaments
- AAU Volleyball Tournaments
- AAU Surf Competitions
- Chevron Surf Camp
- Project Touch Car Show
- Saint Patrick's Day Parade
- PTSA School Carnival
- Spring Egg Hunt
- Hermosa Beach Film Festival
- Aloha Days Surf Contest & Festival
15. Fiesta De Las Artes
16. New Year's Eve Civic Celebrations
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Potential fiscal impacts to non-profit organizations,
the City, and school who would be subjected to costly
monitoring (e.g., the proposed third party monitors),
reduced ability to use advertisers to support programs,
and extensive permit requirements.
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REFERENCE
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ITEM
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IMPACT(S) / ISSUES
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FISCAL IMPACT(S)
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SECTION 2.F
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No permanent commercial advertising
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City loses revenue credit for beach maintenance
services for County advertising program.
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Additional funds from County or City to pay for beach
maintenance services:
$30,000 - $50,000
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SECTION 2.G
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City shall provide funding, proportional to the City's
responsibility for the diversion, within top ten
priorities in the City budget each year...until
sufficient facilities exist to effectively and
substantially reduce polluted storm drain run-off into
the ocean.
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Ambiguous. What does this mean? Who determines City's
responsibility? What does "top ten priorities in the City
budget" mean? How much is a "substantial reduction" in
run-off. Who determines what a substantial reduction
is?
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Potentially a huge budgetary impact on the City. A
number cannot be estimated with any accuracy due to the
ambiguity of the item.
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SECTION 2.G
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Year-round sea water quality testing - weekly
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City would be required to provide funds, additional
administrative oversight, and contract
administration.
The provision may result in duplicated services as The
Department of Health Services and LA County already
conduct water quality testing. Unclear as to type of
testing as water quality testing varies widely.
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LA County Department of Power and Water weekly water
quality testing can be as high as $182,000 annually.
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SECTION 2.H
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...it is appropriate and necessary to dedicate all
revenue except in-kind fees received by the City from all
temporary events in the coastal zone into a "Coastal
Conservation Fund." Therefore, all such revenues
including, but not limited to permit fees, exclusive
parking fees, filming fees and other sources of revenue
derived directly from temporary events in the coastal
zone shall be placed in a Coastal Conservation Fund
only.
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Does this mean that revenues traditionally granted to
charities from events in the Coastal Zone would be
diverted to this fund?
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TBD
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REFERENCE
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ITEM
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IMPACT(S) / ISSUES
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FISCAL IMPACT(S)
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SECTION 2.H
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Coastal Conservation Fund -- if such a non-profit
marine research related facility is approved on the
Hermosa Beach Pier it shall be the first priority for
revenues from the Coastal Conservation fund.
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If a "non-profit marine research center" is approved,
funds that were prioritized for the mandatory sea water
testing, storm drain run-off, recreational equipment, and
beach maintenance would now be re-prioritized for the
marine research center?
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$64,000 reduction in general fund revenues.
Substantial additional City subsidy would be required
with the establishment of a marine research center.
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SECTION 17.76.060 (4)
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Monitoring of sound, parking lots, traffic conditions
in the area of the event shall be performed by an
independent third party.
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Who would direct the efforts of the third party? The
City may be placed in a position of greater liability
absent direct control and monitoring by City staff and
the Police Department. Who hires the "independent" third
party?
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Likely that the additional costs incurred for third
party monitoring would effectively eliminate all but the
largest scale commercial events. Non-profit events would
not be able to absorb this additional cost. Estimate for
professional monitoring services per event day:
$3,000
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SECTION 17.76.060 (5)
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No mechanical or electronic advertising device shall
be allowed in the LRC-OS zone.
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Large events use electronic scoreboards and mechanical
court borders to honor major sponsors.
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May discourage the large-scale events from coming to
Hermosa, as they could not create a venue satisfactory
for their purposes.
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SECTION 17.76.060 (5)
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Complaint logger at each event
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Requires administrative oversight by the City Manager.
Would require City monitoring of many community events
beyond City events (e.g., School events) to ensure that
all events have someone in a central location to log
complaints and to subsequently turn them into the City
Manager.
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Cost of employee per day estimated at
$200
Administrative oversight TBD
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SECTION 17.76.060 (7)
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No concurrent events (over 1,000)
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May adversely impact community events that are
intentionally scheduled together and/or events that are
complimentary such as: (a) Education Foundation Luau and
Aloha Days, (b) Pancake Breakfast and Car Show, (c) IMG
Tourney and Education Foundation Pro-Am Volleyball event
and (d) volleyball tourney and community beach
concerts.
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Lost revenues TBD.
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REFERENCE
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ITEM
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IMPACT(S) / ISSUES
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FISCAL IMPACT(S)
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SECTION 17.76.060 (9)
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No sales of any kinds
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Effects the following events that sell official event
items on the sandy beach:
- Pro Volleyball
- Surf Festival
- Film Festival
- AAU Youth Volleyball
- Millenium Celebration
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SECTION 17.76.060 (11)
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All parking lots in the City's Preferential Parking
Program shall be protected from use by temporary events
and shall not be used as off site mitigation lots for
many events.
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The City uses lots such as the Greenbelt for staging
events and/or to minimize parking impacts at the beach
lots.
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SECTION 17.76.060 (11)
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..shall monitor each lot during events for which 1500
or more people are expected too attend on any day, in
order to determine the impact of each event on these
lots. Lots found to be occupied ninety percent (90%) or
greater by 9:55 a.m. during an event...shall require an
attendant with specific instructions to park beachgoers
and visitors to public facilities only.
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This single item has several impacts with serious
operational and fiscal consequences:
- There 4 preferential parking lots in the coastal
zone making monitoring them expensive.
- Who would determine if lots were 90% occupied and
how could monitors be "on call" with such short
notice?
- How would these monitors determine who is parking
for an event versus for other public uses? Surely the
public would "catch-on" to the restrictions and would
soon be saying that they were just there to "go to the
beach."
- With monitors asking each vehicle why they were
parking (and providing info on remote lots), traffic
lanes would be "backed-up" at several areas in the City
with resultant safety impacts.
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Cost of monitoring 7 Lots
estimated at $840 per day.
- Cost of additional Police for
traffic control estimated at
$1,800 per day (3 Officers).
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REFERENCE
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ITEM
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IMPACT(S) / ISSUES
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FISCAL IMPACT(S)
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SECTION 17.76.060 (12b)
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...each monitored item shall be
documented...including, but not limited to: Logs,
reports, photographs, video tape/film, printouts, public
parking surveys and other documented proof.
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Would require substantial increase in staffing for
events and in administrative costs to prepare these
extensive reports.
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TBD
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SECTION 17.76.060 (12c)
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Monitoring shall be conducted by a qualified third
party.
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Who determines what a "qualified professional,
independent third party" is?
- Cost of professional monitoring and reporting would
be prohibitive.
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TBD
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SECTION 17.76.060 (14)
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Comprehensive report
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Cost of professional monitoring and reporting would be
substantial.
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TBD
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SECTION 17.76.060 (14)
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Failure to submit a Final Report within 40 calendar
days of the conclusion of the event shall cause denial of
all future permits for temporary events to the applicant
and his or her authorized designee.
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How can an event operator be accountable for the
actions of an "independent third party?'
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REFERENCE
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ITEM
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IMPACT(S) / ISSUES
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FISCAL IMPACT(S)
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SECTION 17.76.060 (15)
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Required Park Use Permit or Coastal Development
Permit
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May put non-profit, school and community events
through an extensive bureaucratic process.
Would impact Community Development workload,
potentially requiring additional staff.
Events that may be impacted include:
- Beach events
- Community Sunset Concerts
- Triathlon
- Sand and Strand Race
- CBVAVolleyball Tournaments
- AAU Volleyball Tournaments
- AAU Surf Competitions
- Chevron Surf Camp
- Project Touch Car Show
- Saint Patrick's Day Parade (Booths Only)
- PTSA School Carnival
- Spring Egg Hunt
- Hermosa Beach Film Festival
- Aloha Days Surf Contest & Festival
- Fiesta De Las Artes
- New Year's Eve Civic Celebrations
- Pancake breakfast
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TBD
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SECTION 17.76.060 (16)
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All temporary events not subject to the above Park Use
Permit and or Coastal Development Permit requirements
shall be exempt from Park Use Permit and or Coastal
Development permit requirements...
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Not clear. Is the City prevented from requiring park
use permits in the Coastal Zone for events of less than
500 people?
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TBD
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REFERENCE
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ITEM
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IMPACT(S) / ISSUES
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FISCAL IMPACT(S)
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SECTION 17.76.060 (16b)
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The International Surf Festival operated by the Beach
Cities Health District, pass through(s) and the Saint
Patrick's Day Parade not including it's associated street
vending, shall be the only temporary events exempt
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Does this mean that the City does not have the right
to review permits for these activities?
Saint Patrick's Day Parade would in practice not be
exempted, as street vending is its primary source of
income.
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SECTION 17.76.060 (16c)
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Community Development Director shall issue a Notice of
Determination for each temporary event that is determined
to be exempt from Park Use permit and or Coastal
Development Permit requirements...at least sixty (60)
days prior to the commencement of the proposed temporary
event.
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This process may prevent small scale community events
and fundraisers from happening due to the protracted
process and to the 60 day required lead time.
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TBD
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SECTION 17.76.060 (18)
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The Director of Community Development shall inspect
the temporary event during the monitoring and mitigation
period for strict permit compliance during the event's
highest attendance period and keep a detailed written
record for the permanent file for the case.
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Would require extensive additional weekend and
administrative work for the Community Development
Director.
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TBD
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SECTION 17.76.060 (19)
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Requirement for City Manager to maintain a web
site.
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Extensive additional administrative work to maintain
this level of detailed reporting on a web site and
binder. Would likely require additional part time staff
allocation.
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TBD
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SECTION 17.76.080
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Application for temporary events requiring a Park Use
Permit and or Coastal Development Permit shall be made to
the Department of Community Development.
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Shifts the application process from the Department of
Community Resources to Community Development. May require
additional staffing.
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TBD
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SECTION 17.76.080(D)
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Posting notice of proposed event on the site.
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Visual blight on the beach and City Parks.
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REFERENCE
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ITEM
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IMPACT(S) / ISSUES
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FISCAL IMPACT(S)
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SECTION 17.76.080(A)
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...no more than 1000 square feet of
advertisements.
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May discourage large scale events such as the Olympic
Trials. Loss of events may have spillover impacts on
local business.
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TBD
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SECTION 17.76.080 (8-22)
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This section contains requirements for the Communtiy
Development Director to prepare extensive pre- and post
event reports for events with more than 1,500 people and
includes requirements for such as:
- Mandatory radio spots. -including "all diverse
ethnic and cultural Los Angeles radio markets and shall
include Spanish language, youth and news stations.
- Noticing on a 500' radius
- Recycling facilities.
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This reporting would be in addition to the independent
third party?
This section contains items with such specific
percentages and requirements as to make monitoring
extremely costly and/or impractical. The costs attached
to such extensive monitoring would most certainly be a
great discouragement for charitable and community groups
to conduct an event in the Coastal Zone.
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TBD
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SECTION 17.76.170(A)
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Every person, entity, corporation, or local Government
Agency who violates permit application requirements is
guilty of a misdemeanor and shall be punishable by a fine
not exceeding $1,000 or by imprisonment in the City or
County jail for a term not exceeding 6 months...
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