ORDINANCE NO. 322 AN ORDINANCE OF THE CITY OF MALIBU ADDING CHAPTER 5.30 (SPECIAL EVENT PERMIT) TO TITLE 5 AND AMENDING THE MALIBU MUNICIPAL CODE TO BAN PARTY HOUSES

The City Council of the City of Malibu does hereby ordain as follows:

Section 1. Chapter 5.30 is added to Title 5 (Business Licenses and Regulations) to read as follows: Chapter 5.30 SPECIAL EVENTS 5.30.010 Purpose 5.30.020 Prohibition on Excessive Special Events in Residential Neighborhoods; Events requiring permit. 5.30.030 Application requirements. 5.30.040. Special Event Permit Issuance. 5.30.010 Purpose.

The purpose of the special event permit is to allow for occasional large events in residential neighborhoods, while preserving the predominately residential character of the neighborhood. Large events shall be regulated so as to avoid incompatibility between such uses and surrounding areas.

5.30.020 Prohibition on Excessive Special Events in Residential Neighborhoods; Events requiring permits.

It shall be unlawful for any person to conduct or hold in any residence or on any residential property any special event requiring a special event permit as provided in this Chapter without such a permit.

A special event permit issued by the City prior to the commencement of the event shall be required for all of the following events on property located in any RR, SF, MF, MFBF, or MH zone: A. Any event anticipating or prepared to accommodate 100 or more persons; or B. Any event with any commercial component such as an admission fee, renting of facility, public advertising, or promoting a product in the media by inviting persons who wear or display a product or products for the purpose of attracting media attention to such products at the event, such as to attract the attention of the paparazzi.

A special event permit shall not be issued for an event of more than 8 hours in duration.

5.30.030 Application requirements. A resident of the City may obtain from the City a maximum of four special events permits per calendar year per parcel in order to conduct a special event at the resident's residence pursuant to the provisions of this section.

A. Requirements. A complete application for special event permit shall consist of the following: 1. An application, in a form as approved by the City, completely filled out and signed by applicant; 2. Filing fee; 3. Site plan including the location of all temporary structures, access onto the site, and parking areas; 4. A written description detailing the type and nature of the event, the date and hours of the event and information on how noise, garbage, sanitation, dust and traffic will be managed; and 5. An affidavit signed by the applicant attesting that he or she is the person hosting the special event. 5.30.040 Special Event Permit Issuance.

The City Manager, or his or her designee, shall issue a permit for special events that meet the requirements of this Chapter within five business days of receipt of a complete application. The City Manager may impose conditions on the permit to protect against the event becoming a nuisance to the surrounding neighborhood due to the number of people in attendance, the amount of traffic to be generated, the type and volume of amplified music or entertainment to be utilized and other similar considerations.

Conditions shall take into account the size of the residential property, the capacity of the street on which it is located, the availability of parking and the proximity to neighbors. PASSED, APPROVED AND ADOPTED this 24th day of March 2008.

______________________________________ JEFF JENNINGS, Mayor

ATTEST:

____________________________ LISA POPE, City clerk

(seal)

APPROVED AS TO FORM:

____________________________ CHRISTI HOGIN, City Attorney

I CERTIFY THAT THE FOREGOING ORDINANCE NO. 322 was passed and adopted at the regular City Council meeting of March 24, 2008, by the following vote:

AYES: 5 Councilmembers: Barovsky, Kearsley, Stern, Conley Ulich, Jennings

NOES: 0

ABSTAIN: 0

ABSENT: 0

_____________________________ LISA POPE, City Clerk

(seal)