GUIDELINES FOR EVENTS HELD ON CITY OWNED
AND CITY-OPERATED PARKING FACILITIES, INCLUDING
REDEVELOPMENT AGENCY PUBLIC PARKING FACILITIES
The City of San José currently operates public parking
facilities within the City of San José.
With a few exceptions, either the City or the Redevelopment Agency
(“Agency”) owns these parking facilities.
The City operates public parking facilities primarily to provide parking
for patrons of local businesses, cultural venues and special events in San
José, for employees of local businesses, San José residents, and for other
people visiting the City of San José. However, the City has determined that,
under limited circumstances, the City would benefit from allowing non-parking
use of certain parking facilities for “events” from time to time. These guidelines set forth the conditions
under which the City will consider allowing events to occur on parking
facilities owned and/or operated by the City.
An “event” is considered any use of space within the parking facility
for a purpose other than parking of cars or storage of construction equipment.
Both the City and Agency expressly retain full control over
the parking facilities they own. The
City and the Agency do not intend in any way to create a public forum, nor to
create a limited or designated public forum, in any parking facility and intend
to retain the non-public forum character of the parking facilities.
Only events approved by the City’s Director of the
Department of Conventions, Arts and Entertainment (“Director”) pursuant to
these guidelines will be authorized on City owned and/or operated public
parking facilities. Before the Director
shall consider an event, the Director shall determine that the event either
provides San José with cultural enrichment, economic enhancement, recreational
or entertainment opportunities, or promotes the City of San José, and that
income generated from the event shall be generally used for such purposes, and
not purely for commercial profit. Any
person wishing to use a public parking facility owned and/or operated by the
City for a non-parking use shall submit a complete application to the Office of
Cultural Affairs, 4 N. Second Street, Suite 450, San José, CA 95113.
Applications received at least sixty (60) days prior to the date
of the proposed event will be reviewed by the City. The City may be unable to process any application received less
than sixty (60) days prior to the date requested. A copy of the application form may be obtained from the Office of
Cultural Affairs at (408) 277-5144.
Any person applying for permission to hold an event shall
be financially responsible for the event and for complying with all of the
provisions of these guidelines, and shall be referred to as the
“Applicant.” The Director may enact
further administrative guidelines to implement these provisions.
A.
CRITERIA
The Director shall evaluate the following factors when
reviewing an application to hold an event on a City-owned or City-operated
parking facility:
1.
Only parking facilities unencumbered by restrictions preventing
non-parking use or inconsistent with allowing non-parking use, such as bond
covenants, prior contractual arrangements or lease restrictions, are available
for non-parking related uses. The City
or Agency may enter into future contractual relationships that may limit or
prohibit non-parking use on any parking facility.
2.
Exhibit A sets forth the parking facilities that may be made
available for events, which list may be increased or decreased from time to
time, as reasonably determined by the City’s Director of the Department of
Transportation.
3. No parking facility may be used for events more than six (6) times per calendar year, and an Applicant may not use any one parking facility more than twice in any calendar year.
4.
To be eligible for
consideration, an event must use a minimum of fifty (50) spaces at all times
during the event for events in surface parking lots, or one full floor of a
parking garage.
5. All signage shall comply with Title 23 of the Municipal Code (the “Sign Ordinance”) including without limitation the temporary sign requirements set forth in Title 23, and with any more restrictive provisions of these guidelines.
6.
Unless specifically approved in writing by the Director, amplified
sound will not be permitted at any event.
7.
An event will not be
permitted if the Director of the Department of Transportation determines that
the demand for parking at that time, including the demand created by the event,
exceeds the capacity of the remaining parking spaces in the parking facility,
along with the capacity of nearby parking facilities. If an event is denied because of high parking demand on the days
or times requested, and an event was previously approved at the same parking
facility on the same weekday, the Director of the Department of Transportation
shall give specific reasons why the demand during this event differs from the
previously approved event(s).
8.
All events must provide
appropriate safety precautions for pedestrians, as approved by the Director of
Transportation. Such precautions may
include, without limitation, safety dividers approved by the City and installed
at the Applicant’s sole cost. The
Director of Transportation must also approve the traffic flow plan for any
partial use of a parking facility.
9.
The Applicant shall be
responsible for obtaining all permits prior to commencement of the event, which
may include, without limitation, City permits (tent, canopy, pyrotechnic,
carnival, tow zone), State of California Alcoholic Beverage Control one-day
liquor permits, Santa Clara County temporary event food permit, and State of
California Franchise Tax Board temporary seller’s permit.
10.
Applicants shall pay such
daily use fees and charges for use of the parking facility as set forth by
Resolution in the Master Parking Rate Schedule as established by the City
Council. Applicant shall pay in full these fees and charges to the Department
of Transportation no later than eight (8) business days prior to the
event. To receive final City approval
of an event, the City must receive the full amount of the daily use.
11. In addition to the foregoing fees, the
Applicant shall reimburse the City within thirty (30) days of invoice, for the
cost of any City services required by the Director as a condition for approval
of the event, such as traffic control (including police officers) or any other
reasonable costs resulting from the event that are associated with providing
City services.
B. CONDITIONS APPLICABLE TO ANY EVENT HELD
ON CITY PARKING FACILITIES
Each Applicant for an event
approved by the City shall sign a facility use agreement, in the form developed
by the Director, which shall provide, among other things:
1.
Detailed description of the event and activities planned, parking
spaces used, the square footage to be used for the event, and the location of
the parking facility used, and estimated number of persons attending the event.
2.
Insurance in amounts as determined by the City’s Risk Manager as
set forth on Exhibit B or as determined by the City’s Risk Manager,
verification of which is to be approved by the City’s Risk Manager prior to
commencement of event setup. All
required insurance shall be maintained for the duration of the event, including
setup, dismantling and cleanup.
3.
If at any time, the City learns that the description provided by
the Applicant and as described in the facility use agreement, is not complete
in a material manner or is misleading in any material way, then the Director
may impose additional requirements, and/or terminate the Applicant’s facility
use agreement, at the City’s reasonable discretion.
4.
The event must provide adequate event security (private or police
officers) and traffic control at levels approved by the San José Police
Department, and emergency medical services at levels established by the
Director. These services shall be at
the event’s sole cost and expense.
5.
The Applicant will be responsible for obtaining all required
authorizations, permits, insurance, bonds/waivers and site inspections for the
event.
6.
No alteration to the parking facility will be allowed, unless
approved in advance in writing by the Director.
7.
Any
temporary modifications, including lighting, will be the sole responsibility of
the Applicant. The Applicant shall be
responsible for returning the facility to its original condition immediately
following the event.
8.
The City reserves the right to repair any City property damaged as
a result of any activity connected with the event. The Applicant shall reimburse the City for such repairs within thirty
(30) days of receipt of an invoice from the City.
9.
Animals will not be permitted on the parking facilities
unless approved in writing by the Director, other than guide dogs providing
assistance to the visually impaired or disabled.
C.
APPEAL
1. The Director shall notify an Applicant, in writing, of the Director's decision to deny an application. The notice of decision shall state the grounds for denial of the application. The notice of decision shall become final unless a written request for hearing is received by the Director within ten (10) days after the date of the notice of decision.
2. Upon receipt of a timely written request for a hearing on a notice of decision to deny an Application, the Director shall schedule a hearing. The Director shall promptly notify the Applicant of the hearing date, time and location.
3. The
hearing with the Director, or his or her designee, shall be held no later than
thirty (30) days after receipt of the request for hearing. The Director shall be under no obligation to
schedule a hearing less than thirty (30) days after receipt of a request for
hearing, even if the Application was not filed in the suggested time frame -
sixty (60) days in advance of the proposed event.
4. The
hearing will be conducted informally and the technical rules of evidence shall
not apply. The Applicant may be
represented by any person.
5. After
closing the hearing, the Director shall give a decision sustaining, reversing
or modifying the decision to deny the Application. A written notice of final decision shall be hand delivered or
sent by mail to the Applicant.
The Almaden /
Woz Way Surface Lot, consisting of the municipal off-street parking facility
situated in the block bounded by Almaden Boulevard, San Carlos Street, Woz Way
and the Guadalupe River.
The Market
Street/ San Pedro Square Garage, consisting of the municipal off-street
parking facility situated in the block bounded by Santa Clara, Market, St. John
and San Pedro Streets.
The San Fernando
/ Third Street Surface Lot (Block 3), consisting of the off-street parking
facility owned by the Redevelopment Agency of the City of San José and located
on the south side of San Fernando Street between Second and Third Streets.
The San Pedro /
Bassett Surface Lot, consisting of the off-street parking facility owned by
the Redevelopment Agency of the City of San José and situated in the block
bounded by Julian, San Pedro, Bassett and Little Market Streets.
The Santa Clara
/ Second Surface Lot, consisting of the municipal off-street parking facility
situated in the block bounded by Santa Clara, Second, Third and San Fernando
Streets.
The Second / San
Carlos Street Garage, consisting of the municipal off-street parking facility
located north of San Carlos Street between Second and Third Streets.
The Second / St.
James Surface Lot (Oasis Lot), consisting of the off-street parking
facility owned by the Redevelopment Agency of the City of San José and located
on the block bounded by North First, North Second, St. James and Devine
Streets.
The Third Street
Garage, consisting of the municipal off-street parking facility situated
in the block bounded by St. John, Second, Santa Clara and Third Streets.
Facilities Not
Included in Guidelines
Auzerais
Surface Lot lease
provisions do not permit uses other than parking
Block
2 Surface lot removed
for development in Fall 2001
Convention Center Garage parking demands on facility
by events, hotels and library preclude alternate use
Market/Balbach
Surface Lot alternate uses
will be limited to:
1. events with a Facility Use Agreement for the Convention Center
2.
Holiday
Ice Rink