IMPARTIAL ANALYSIS OF MEASURE
"F"
Measure is a proposal to adopt an ordinance that would
establish new regulations, procedures, programs and
restrictions pertaining to temporary events and other
activities in the coastal zone. The coastal zone occupies all
land from the shoreline to Ardmore Avenue, excluding the
Hermosa Valley residential neighborhood from 24th Place to 18th
Street.
The proposed ordinance is lengthy and complex. The following
shows the effect of the main, but not all, provisions of the
ordinance on existing law:
|
CURRENT LAW
|
|
PROPOSED ORDINANCE
|
| Temporary events, except school events, in
coastal zone require special events permit and review by
Parks and Recreation Commission and City Council |
|
Adds numerous application requirements;
requires noticed public hearings; and Parks and Recreation
Commission and City Council review based on twenty-two
criteria for temporary events. Limits number and frequency
of temporary events; prioritizes specified events |
| Conditions to mitigate event impacts
imposed on a case-by-case basis |
|
Mandates specific conditions for all
temporary events |
| No reporting requirements |
|
Requires detailed evaluation and analysis
by qualified "independent third party." Requires City to
prepare and publish in specified formats specific data,
transcripts and reports (based on logs, videotapes,
photographs) |
| Admission charges may be permitted, subject
to Coastal Commission regulation; commercial sales on beach
limited to official memorabilia (no food or drink) |
|
Prohibits admission charges to temporary
events, VIP seating and commercial sales on beach |
| Beach designated as an open space
recreational resource |
|
Prohibits construction of permanent
structures, except infrastructure, on beach |
| Advertising permitted on lifeguard towers,
restrooms, trash cans, lifeguard/maintenance vehicles and
in connection with special events |
|
Prohibits permanent commercial advertising
on beach, except on lifeguard/ maintenance vehicles. Allows
limited advertising for temporary events |
| City administers storm water management
program |
|
Mandates diversion of storm water run-off a
"top ten" budget priority |
| Beach Clean-Up Days regularly organized by
Community Resources Department |
|
City must promote not fewer than four beach
clean-up days between May 1 and September 30 each year |
| Ocean water tested by several governmental
and nonprofit entities |
|
City must test ocean water weekly |
| No restrictions on use of special event
revenue |
|
Place revenues from temporary events in
special fund; use exclusively for elimination of existing
permanent commercial advertising on beach, ocean water
testing, diversion of storm water run-off, enhancement of
beach recreational equipment, beach maintenance and
establishment of nonprofit marine research facility |
| |
|
Install public notice board at foot of pier
for notices |
| |
|
Imposes 3-year ban on applications from
those who fail to obtain a permit or fail to mitigate all
event impacts "to level of insignificance" |
| |
|
Requires policy protecting and replacing
on-street parking spaces in coastal zone. |
| Proposed Local Coastal Program under
consideration by Coastal Commission |
|
Expedite preparation of a Local Coastal
Program |
The fiscal impact of the proposed ordinance has not been
determined, but the ordinance does require new programs not
currently funded in the City’s budget.
A "yes" vote is in favor of adoption of the proposed
ordinance; a "no" vote is against adoption of the ordinance. A
majority of "yes" votes is required for the ordinance to be
enacted.
Michael Jenkins
City Attorney
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