Short-term activities and events can enhance the city's lifestyle
and provide benefits to area residents, businesses, and other community
members through the creation of unique venues for expression, recreation,
and entertainment that are not normally provided. However, the city
council recognizes that short-term activities and events, if unregulated,
can have an adverse effect on the public health, safety and welfare
due to noise, traffic, safety, and health hazard impacts. The purpose
of this article is to authorize limited and/or short-term activities
or events to which public may be invited (with or without charge)
and set forth reasonable regulations by establishing a process for
permitting short-term activities and events. Temporary activities
or events may occur indoors or outdoors, on improved or unimproved
property, and may include outdoor displays, temporary outdoor sales,
temporary uses, and special events. Such uses are appropriate when
regulated as set out herein.
This article also encourages the economic vitality of public
property, facilities, or parks; sidewalks, streets, or other areas
of the public right-of-way; and developed or undeveloped private property.
This article also affords increased merchandise visibility through
the establishment of standards for the outdoor display of special
interest retail items in an ongoing manner, and the allowance of temporary
parking lot sales for other retail items as a limited special use.
The safe and orderly outdoor display of merchandise can be beneficial
by attracting interest, adding character, and increasing pedestrian
traffic to a commercial area which can extend economic benefits to
all commercial enterprises within that area.
(Ord. No. 2020-07, § 6, 5-6-20)
"Outdoor display"
refers to the outdoor display of retail goods on a daily
basis during business operating hours in a manner which is incidental
to and a part of the operation of the adjacent indoor use. The merchandise
would be removed at the close of business and securely stored inside
the building.
"Temporary outdoor sales"
refers to outdoor sales events or promotions of a limited
duration and frequency. Events include, but are not limited to, weekend
parking lot sales, tent sales, and seasonal or promotional events.
"Temporary uses"
are activities, which by their nature are non-recurring,
and are beneficial to the public for a limited and/or specific period
of time.
"Special events"
mean the temporary use of public property, facilities, parks, sidewalks, streets, or public right-of-way as and that as defined in section
16-201 of Article 4 in Chapter 16 of this code.
(Ord. No. 2020-07, § 6, 5-6-20)
(a) The outdoor display of retail merchandise shall be permitted as an accessory use subject to the approval of an outdoor display permit as discussed in section
33-1534 in the commercially zoned districts of the city (CG, CP, CN, and existing PD-C zones, and to the extent permitted in the South Centre City Specific Plan and East Valley Parkway Area Plan).
(b) Temporary outdoor sales are permitted in the aforementioned zones and specific and area plans subject to the approval of a temporary use permit as discussed in section
33-1534.
(c) Other temporary uses in various residential, commercial, and industrial zoning districts, subject to the approval of the permit required under section
33-1534.
(d) Special events permitted in the locations as designated by Article
4 of Chapter 16.
(Ord. No. 2020-07, § 6, 5-6-20)
(a) Outdoor display.
(1) The following items are acceptable for outdoor display if permitted
by the applicable zone in which the associated business is located.
(C)
Automotive supplies (gas stations only)
(M)
Gardening and landscape equipment and supplies
(S)
Propane tank exchange units
(2) The director of community development is authorized to permit additional
retail items to be displayed outdoors if it can be determined that
the use is consistent with the purpose of this article.
(3) All outdoor displays shall be subject to the issuance of an outdoor
display permit. Prior to the issuance of an outdoor display permit,
an application shall be submitted and approved by the planning department.
Outdoor display permits shall be valid for a maximum of one year from
the date of issuance; provided, that the permit shall be extended
automatically for an additional year unless written notice of termination
is given to the permittee no less than 30 days prior to the expiration
of the permit.
(b) Temporary outdoor sales. All retail items proposed for temporary outdoor sales will be reviewed for consistency with the purpose of this article on a case-by-case basis through the temporary use permit process as discussed in section
33-1536.
(1) Merchandise displayed or sold must be customarily sold on the premises.
All such sales shall be conducted by a business located on and conducting
business within a building on the property upon which the temporary
use is proposed.
(2) All temporary outdoor sales shall be subject to the issuance of a
temporary use permit. A temporary use permit can be issued for multiple
events on the same site for the length of time specified under section
33-1534(c)(1) and shall be valid for no longer than one year from
the date of issuance; provided, that the permit shall be extended
automatically for an additional year unless written notice of termination
is given to the permittee no less than 30 days prior to the expiration
of the permit.
(c) Temporary uses as permitted and regulated by this article.
(1) The following some short-term activities and events can be approved
with a temporary use permit.
(A)
Amusement, entertainment or recreation activities or events,
often upon payment of a fee, or nonprofit or government entity-sponsored,
including concerts, carnivals, attractions, circuses, fairs, festivals,
and amusement rides.
(C)
Historical re-enactments.
(D)
Special temporary seasonal sales such as Christmas trees, wreaths,
pumpkin retail sales or similar sales are limited to the period of
time around the holiday.
(E)
Temporary health care structures.
(F)
Temporary modular school classrooms.
(G)
Temporary structures and tents for social or religious groups
for services.
(2) Some short-term activities and events can be approved through the
issuance of a special temporary use permit or agreement, as provided
herein.
(A)
Community gardens with an agricultural operations permit.
(B)
Donation bins through an administrative permit, subject to section
33-694.
(C)
Off-site staging areas or off-site storage yards with a city
agreement.
(D)
Real estate model homes and/or sales offices with a model home
permit/agreement.
(E)
Roadside sales of agricultural products with an agricultural
operations permit, subject to section 33-1534(e).
(F)
Special events on public property as defined by Article 4 of
Chapter 16 with a special event permit.
(3) Some short-term activities and events can be authorized without additional
or special zoning clearances (i.e. otherwise exempt from needing a
temporary use permit or special temporary use permit or agreement).
(A)
Activities of an organization which is receiving governmental
grant funds to be used for public or community purposes when holding
an event less than three days in duration for the purpose of raising
funds to supplement the governmental grant funds and to support the
public or community purpose for which the grant funds were received.
(B)
City, state, federal, school district, community college district
or other public agencies' event when conducted wholly on that agency's
public property or with the consent of another public property owner
and which will not require public road closures or significantly impact
on traffic on adjacent public streets.
(C)
Garage or yard sales conducted at the same residential location more than four times per year, subject to section
16-116 of Article 2 in Chapter 16 of the Municipal Code.
(D)
Groundbreaking, ribbon-cutting, or similar initiation event
for an active or completed construction project for not more than
one day conducted wholly on the same site as the project.
(E)
Homeowners association events for not more than one day conducted
wholly in common areas within the boundaries of the association and
which do not impact public streets or other public facilities.
(F)
On-site staging of construction equipment or trailers necessary
for a specific aspect of a construction project. On-site storage yards
shall screen storage of construction equipment, vehicles, and/or excavated
materials to the extent practicable for the duration of the construction
project, not to exceed 15 calendar days before project commencement
and 15 days after task completion. A copy of the active construction
permit, or permit number, is required.
(G)
Outdoor fire sales (duration not to exceed three calendar days)
for a business with an active business license, for the site where
the fire occurred.
(H)
Portable on-site storage and cargo containers, subject to Article
36.
(I)
Temporary dumpsters for the sole purpose of collecting and removing
refuse or excavated material generated from the same property of the
dumpster location, associated with an active grading or building permit.
A copy of the active construction permit, or current permit number,
is required.
(4) Other temporary uses that are not specifically listed in the zoning
code. The director of community development at his/her discretion
may determine whether such use should be authorized and regulated
by this section. This determination shall be based on the similarities
and differences with those listed uses and an assessment of the proposed
temporary use's compatibility with the zoning district and the surrounding
land uses. Those uses and activities which do not fit within the criteria
for a temporary use permit shall be addressed through a plot plan,
minor conditional use permit, or other type of permit identified by
the Zoning Code; or be expressively prohibited as an authorized land
use activity.
(5) Approval of any type of permit addressed within this article that
authorizes a temporary use for a specific time period does not waive
the permit holder from obtaining other city, state, or federal permits
or licenses, which may also be required as determined by the appropriate
regulatory agency.
(Ord. No. 2020-07, § 6, 5-6-20)
All short-term activities, events, and outdoor displays of retail
merchandise and temporary outdoor sales shall be subject to the following
development standards:
(a) Outdoor displays on private property.
(1) The outdoor display area shall not extend beyond the actual frontage
of the associated commercial use. Displays shall be identical and
accessory to items sold indoors. Displays shall be temporary and removed
at the end of each business day. A display/use may, on a case-by-case
basis, be displayed permanently outdoors, as determined by the director.
The director may refer a request for a permanent display to the planning
commission for review and comment.
(2) Parking lot circulation and all required parking spaces shall remain
unobstructed at all times. Private sidewalks, courtyards, or entry
areas may be utilized for display provided a minimum four foot wide
pedestrian area remains clear and unobstructed and all fire, building
and handicapped access requirements are met. See subsection (b) of
this section for clearance requirements for displays within the right-of-way.
(3) All displays shall be located in such a manner so that vehicular
sight distance is not impeded to the satisfaction of the engineering
department.
(4) Display and sale of merchandise is permitted only by the tenant of
an existing commercial development on the same site. Outdoor displays
are not permitted on vacant property.
(5) No sales or display of merchandise from cars, trucks, or any other
vehicle is permitted. Vending from pushcarts may be permitted subject
to compliance with all development standards in this section. Specialized
food sales from pushcarts either on private property or within the
public right-of-way shall be subject to applicable code requirements.
(6) All signage associated with an outdoor display shall be as approved
pursuant to an outdoor display permit and shall be limited to a maximum
of four square feet per commercial tenant.
(7) All displays shall be located within hardscape areas. No merchandise
may be displayed in any landscaped area, or be situated in such a
manner as to be detrimental to any existing landscaping on the site.
(8) All food sales shall be correlated with food that is customarily
sold on the same premises and be conducted in compliance with health
department regulations.
(9) All exterior lighting utilized in conjunction with outdoor displays,
or temporary events approved with a temporary use permit, shall conform
to the requirements of Article 35, Outdoor Lighting.
(10) No electricity shall be utilized, nor any noise generated by an outdoor
display.
(b) Outdoor displays within the public right-of-way.
(1) Display of merchandise within the public right-of-way is permissible
only within the downtown retail core district subject to approval
of an encroachment permit (an approved copy must be submitted concurrently
with the application for an outdoor display permit), proof of insurance,
and compliance with all development standards in this section.
(A)
Proof of insurance can be satisfied by documentation of an insurance
policy issued by an insurance company licensed to do business in the
State of California, protecting the licensee and the city from all
claims for damages to properly and bodily injury, including death,
which may arise from operations in connection with the display activity.
Such insurance shall name as additionally insured the city for an
amount of $300,000 or more and shall provide that the policy shall
not terminate or be canceled prior to the expiration date without
30 days' advance written notice to the city.
(B)
The merchandise display shall be permitted only within the four
feet of public right-of-way nearest the property line, and parallel
to the curb in front of the business to which it pertains. The merchandise
display shall be limited to 50% of the lineal length of the associated
commercial frontage or 60 square feet whichever is less.
(C)
In front of the displayed merchandise there shall be at all
times a minimum four foot wide sidewalk area clear of any obstructions
and in conformance with all fire, building and handicapped access
requirements.
(D)
The merchandise is not permitted within any landscaped area
of the right-of-way.
(E)
All merchandise shall be located in such a way that it does
not block the sight distance of the streets to the satisfaction of
the engineering department. Any merchandise found obstructing the
sight distance will be subject to removal by the city and the encroachment
permit canceled.
(F)
All merchandise items and displays should have no sharp edges
or corners.
(G)
The city also reserves the right to remove merchandise which
causes any interference with vehicular traffic or pedestrian traffic,
or in the event of any emergency situation or if the merchandise interferes
with any work that is to be performed upon the street by or on the
behalf of the city or a public utility.
(H)
All merchandise and display racks shall be removed from the
public right-of-way at the end of business hours.
(2) No sales or display of merchandise from cars, trucks, or any other
vehicle is permitted. Vending from pushcarts may be permitted subject
to compliance with all development standards in this section. Specialized
food sales from pushcarts either on private property or within the
public right-of-way shall be subject to applicable code requirements.
(3) All signage associated with an outdoor display within the public
right-of-way shall be as approved pursuant to an outdoor display permit
and shall be limited to a maximum of two square feet per commercial
tenant.
(4) All displays shall be located within hardscape areas. No merchandise
may be displayed in any landscaped area, or be situated in such a
manner as to be detrimental to any existing landscaping on the site.
(5) All food sales shall be conducted in compliance with health department
regulations.
(6) All exterior lighting utilized in conjunction with outdoor displays
shall conform to the requirements of Article 35, Outdoor Lighting.
(7) No electricity shall be utilized, nor any noise generated by an outdoor
display.
(c) General development standards for other temporary uses and outdoor
sales.
(1) Short short-term activities and sales events at any one location
or commercial center shall not exceed three calendar days during any
three month period and are subject to the issuance of a temporary
use permit.
(2) Some short-term activities of the type as described herein will be
allowed to recur on a property for longer than that provided in subsection
(c)(1):
(A)
Amusement, entertainment, or recreation activities and events
for up to 10 calendar days within a six month period.
(B)
Community gardens, for the duration as stated on the agricultural
operations permit.
(C)
Donation bins in commercial zoning districts, excluding specific
plan areas, for the duration as stated on the administrative permit.
(D)
Off-site staging areas, for the duration as stated on the off-site
staging area agreement/permit.
(E)
Real estate model homes and/or sales offices, for the duration
as stated on the model home permit.
(F)
Roadside sales of agricultural products in residential zoning
districts for up to forty-five (45) days within a three month period
in the residential zoning districts, pursuant to section 33-1534(e).
(i)
Exception in R-A and R-E Zones. Pursuant to Article 6 of the
Zoning Code, roadside sales are a permitted as an accessory use in
the R-A and R-E Zones. As such, sales may be continued beyond the
45 day limitation on the parcel of land on which such produce is grown
in the R-A and R-E Zones. Such authorization shall be made by approval
of an agricultural operations permit and design review permit provided
that the principal use of said parcel is agricultural or plotted for
community gardening and the use is consistent with the terms and limitations
of Section 33-1534(e).
(G)
Special temporary seasonal sales for up to 45 days within a
three month period.
(H)
Temporary health care structures for up to 60 days within a
12 month period only by the tenant of an existing commercial development
on the same site.
(I)
Temporary modular school classrooms for 60 days within a 12
month period as a temporary use. A time extension may be provided
through the approval of a Plot Plan or Conditional Use Permit (based
on the use allowance of the underlying zoning district).
(J)
Temporary structures and tents for social or religious groups
for services for up to 10 days within a six month period.
(3) Location of each event shall be restricted to private property only
and shall not adversely impact parking lot circulation. Events shall
not be permitted within parking areas containing less than 20 spaces.
A maximum of 20% of the required parking spaces for the sponsoring
business, or 5% of the spaces within a commercial center containing
multiple tenants may be utilized for the display and sale of merchandise.
No encroachment into the public right-of-way shall be permitted.
(4) Any structure used in conjunction with a sales event shall be subject
to all building, engineering, and fire department requirements.
(5) All merchandise and/or temporary structures shall be set back a minimum
of five feet from any public right-of-way or driveway.
(6) All exterior lighting utilized in conjunction with a temporary sales
event shall conform to the requirements of Article 35, Outdoor Lighting.
(7) All food sales shall be conducted in compliance with health department
regulations.
(A)
Through the approval and issuance of a temporary use permit,
some amusement, entertainment, or recreation attractions or events;
and/or special temporary seasonal sales events may accommodate a food
truck or mobile food facility as defined by Article 7 of Chapter 16
of the Municipal Code. If the mobile food facility is authorized by
this section, the mobile food facility must be parked in a legal parking
space, or other area subject to approval of the director, and must
not occupy the premises past 10:00 p.m. Not more than one mobile food
facility and one operator is permitted to park on the premises, for
the duration of time authorized by this section and for the period
of time provided by the permit. Any mobile food facility or mobile
food facility operation or activity not exercised within the days
and duration specified on an approved temporary use permit shall automatically
forfeit the time, day, and duration not utilized and/or become void.
(8) All businesses participating in a temporary outdoor sales event must
have a valid City of Escondido business license to conduct business
at the site of the event. Each participating business or entity shall
be listed on the permit application prior to approval of the permit.
(9) All noise/sound generated by a temporary outdoor sales event shall
conform to the noise level limits established in the noise ordinance
(Ord. No. 90-08) for commercial zones. If an event is located adjacent
to a residential zone, all noise generated shall conform to the noise
level limits of the affected residential zone.
(10) Signs for temporary outdoor sales are permitted provided adequate
detail is shown on the temporary use permit application to determine
that the following standards are met:
(A)
Signs shall be limited to flags, pennants and streamers, banners,
or other similar devices.
(B)
Large inflatable displays must be ground-mounted and may not
exceed 30 feet in height.
(C)
One banner is allowed for each street frontage and each banner
shall not exceed 60 square feet in area.
(D)
No event signage (of any type) may be displayed on or attached
to any public property including telephone or utility poles, traffic
control signs or devices, street lights or other structures located
on public property without the express written consent of the City
of Escondido.
(E)
No signage of any type shall interfere with or restrict vehicular
or pedestrian access or visibility.
(d) Outdoor retail vending machines. Outdoor retail vending machines
are allowed in all commercial zones subject to the following standards:
(1) Retail vending machines shall not sell, store, or dispense anything
other than the commercial products, merchandise, food or beverages
permitted by the underlying zone or authorized by the Escondido Municipal
Code.
(2) Retail vending activities may be established only in conjunction
with an otherwise allowed and authorized principal land use activity
and may not exceed a maximum of two machines per site or occupy not
more than 20 feet of the wall facing the street or access drive.
(3) Retail vending machines shall be located along the face of a building
or flush against a structure designed to accommodate them and be located
on the site in a manner which will ensure compatibility with surrounding
uses. The machine(s) shall not be within 10 feet of an entranceway
to any business open to the public nor block any store window.
(4) All machines shall be visible in well-lit areas from access drives
or public streets and be maintained in a litter free condition.
(5) Retail vending machines shall not obstruct private pedestrian walkways.
A minimum four-foot-wide pedestrian area remains clear and unobstructed
and all fire, building and handicapped access requirements shall be
kept clear of obstructions, or more if pedestrian traffic volume warrants.
(6) Retail vending machines are not allowed on public sidewalks, alleys,
drive-aisles, or within the public right-of-way.
(7) The business owner or operator of said principal land use activity
is responsible for the accessibility, maintenance, appearance, and
safety in regards to retail vending.
(8) Business owner or operator shall not utilize or permit the utilization
of any device which produces loud noise, or use and operate any loudspeaker,
public address system, radio, sound amplifier, or similar noise creating
device to attract the attention of the public, subject to the noise
restrictions of the underlying zone.
(e) Roadside Sales of Agricultural Products. Operation of a stand, by
the owner/occupant of the premises, for the display and sale of agricultural
products primarily produced on the premises. This category includes
flower sales (non-mobile), vendor stands (non-mobile), and seasonal
sales of agricultural products for limited periods of time, which
at no time may be conducted in the public right-of-way. All roadside
sales of agricultural products covered by this article shall be submitted
on an agricultural operations permit application form obtained from
the planning division and shall be accompanied by a nonrefundable
fee.
(1) Location and size requirements.
(A)
In the R-A and R-E Zones, the ground coverage of the stand shall
not exceed 300 square feet, and it shall be set back from the street
or highway right-of-way line a distance of at least 20 feet.
(B)
The stand shall not exceed an area of 200 square feet in the
R-1, R-2, R-3, R-4, and R-5 Zones. The stand shall not be closer than
24 feet to any street or highway.
(Ord. No. 2020-07, § 6, 5-6-20; Ord. No. 2023-06, § 3, 3-8-23)
(a) All permit applications covered by this article shall be submitted
to the planning department in a form provided by the planning department.
The application form and content required may be modified as determined
by the director for a recurring type of application request so that
the permit can be renewed by providing the same documentation as done
with the original permit issuance.
(1) Fee. A nonrefundable fee, as set forth in the schedule of service
costs approved by city council resolution, reasonably calculated to
reimburse the city for its reasonable and necessary costs in receiving,
processing, and reviewing applications for permits to hold a short-term
activity or event must be paid to the City of Escondido when an application
is filed.
(A)
If the application includes the use of any city facility and/or
property, or if any city services are required for the special event,
the applicant must file a special event permit in accordance with
agree to pay for the services in accordance with a schedule of service
costs approved by city council resolution.
(B)
Third party fee. If the permittee provides for or allows third
party vendors to participate in the special event, the permittee shall
pay an additional nonrefundable fee, as set forth in the schedule
of service costs approved by city council resolution, reasonably calculated
to reimburse the city for its actual and necessary costs in receiving,
processing and reviewing the application that includes third party
vendors. The amount of the additional fee shall be established by
resolution of the city council and shall be based on whether the application
is for a major or minor event.
(b) City staff shall review outdoor display permit and temporary use
permit applications, or and any other permit prescribed by this article,
for planning and zoning compliance.
(c) Applications for outdoor display permits and temporary use permits,
or any other permit prescribed by this article, shall be made at least
30 days in advance of the event. Within 20 days from the submittal
of a complete application, staff may approve, conditionally approve
or deny the proposed application. Any aggrieved party may appeal a
decision of the staff to the planning commission using the provisions
outlined in Division 6 of Article 61 of this chapter.
(1) The city shall require evidence that all related permits and approvals,
such as fire prevention, health and sanitation, police, animal regulations,
and business licenses, have been obtained for each outdoor display
and temporary use permit or any other permit prescribed by this article.
Under the authority of the California
Health and Safety Code, the
County of San Diego Environmental Health Department has the responsibility
to regulate the selling of food.
(2) The application shall be accompanied by:
(A)
A map showing the area on which the event will be conducted.
(B)
A description of the event for which the permit is requested.
(C)
The name(s) of the organization or business and principals within
the organization or business applying for the permit.
(D)
An estimate of the number of persons who will attend, all vendors
who are anticipated to operate at the event, and a description of
hours, noise, security, trash collection and disposal, occupant loads,
lighting, sanitary facilities, traffic control, dust control, and/or
other related concerns that are correlated with the proposed use.
(E)
Such additional information as may be required by the director
to determine whether the event will be compatible with the surrounding
uses, satisfy applicable laws, and to be consistent with the public
health, safety, and welfare.
(F)
Written assurance that all conditions of the permit shall be complied with, and that in the event the permittee fails to perform any obligation covered by the conditions or terms and limitations of this ordinance, the owner of the property shall perform such obligations upon notice of violation. Property owner and permittee are subject to enforcement and citation, subject to section
33-1537.
(3) The city may require building and/or engineering design of the temporary
buildings, certification of the structure, mechanical, electrical,
and other equipment and devices.
(4) The police chief may determine whether and to what extent additional
police protection, civilian traffic control personnel, private security
and volunteer staff are reasonably necessary to ensure traffic control
and public safety for the short-term activity, event, outdoor display
and temporary use. The police chief will base this decision on the
size, location, duration, time and date of the permitted use, the
expected sale or service of alcoholic beverages, the number of streets
and intersections blocked off from use by the public, and the need
to detour or preempt pedestrian and vehicular travel from the use
of public streets and sidewalks. The police chief shall provide an
estimate of the cost of extraordinary city services and equipment
required in writing, if police protection and/or other emergency and
safety services or equipment is deemed necessary for the permitted
use. The applicant will be billed for services after the event.
(d) Appeal. Appeals from the decision of the director shall be made pursuant
to Article 61. The decision of city staff, or on appeal the planning
commission, to grant an outdoor display permit or a temporary use
permit or other permit prescribed by this article shall be made based
on the following finding:
(1) The proposed short-term activity, event, or outdoor display or temporary
outdoor sales event conforms with all development standards for said
events and will not negatively impact adjacent commercial or residential
areas.
(2) The nature of the proposed use is not detrimental to the public health,
safety, or welfare of the community.
(e) Conditions. Failure to comply with the following requirements and
conditions shall be cause for revocation of the permit and enforcement
under this chapter.
(1) Any permit prescribed by this article not exercised within the duration
specified or withdrawn by the applicant shall automatically become
void.
(2) Expiration. Each valid permit, unless earlier revoked, shall expire
and become null and void at the time specified in the permit. An extension
of outdoor display permits and temporary use permits or any other
permit prescribed by this article cannot be granted; a new use for
a different timeframe requires a new application. If the use is discontinued
or abandoned, the site must be cleaned up within seven calendar days
of the discontinuance or abandonment.
(3) Transfer. No permit shall be transferrable to another location or
to another permittee.
(4) Posting. The permit (along with any other required permits) shall
be posted on the premises where the event is conducted and/or a copy
of the permit must be in the possession of the person responsible
for the event at all times while it is occurring.
(5) Permittee agrees to waive and release the City of Escondido and its
officers, agents, employees and volunteers from and against any and
all claims, costs, liabilities, expenses or judgments including attorney's
fees and court costs arising out of the activities of this temporary
use or event or any illness or injury resulting therefrom, and hereby
agree to indemnify and hold harmless the City of Escondido from and
against any and all such claims, whether caused by negligence or otherwise,
except for illness and injury resulting directly from gross negligence
or willful misconduct on the part of the city or its employees.
(6) The director may attach whatever additional conditions and limitations
necessary to protect public health, safety, and welfare that the director
determines are reasonably required and roughly proportionate to the
proposed use, activity, or event in order to make the finding that
the characteristics of such are compatible with the uses in the surrounding
area. Such conditions may include, but not be limited to, items that
address the following topic areas: hours, noise, security, trash collection
and disposal, occupant loads, lighting, sanitary facilities, traffic
control, dust control, and/or other related concerns.
(Ord. No. 2020-07, § 6, 5-6-20)
(a) Any person, firm or corporation violating any of the provisions of
this article, or disregarding any condition or term imposed by the
planning department, or on appeal, the planning commission, shall
be deemed guilty of a misdemeanor and upon conviction thereof shall
be fined in an amount not exceeding $1,000 or imprisonment in the
county jail for a period not exceeding six months, or by both such
fine and imprisonment. Each separate offense, or each day on which
an ongoing offense is committed shall be a separate violation. Any
violation as described in this section shall be subject to immediate
revocation of the permit to display outdoors or conduct a temporary
outdoor sales event.
(b) The police chief may revoke a special event permit without prior
notice upon violation of the permit or when a public emergency arises
where the police resources required for that emergency are so great
that deployment of police services for the special event would have
an immediate and adverse effect upon the health, safety, and welfare
of persons or property. Written notice of the revocation setting forth
the reasons therefor, shall be hand delivered or mailed to the applicant
at the address provided on the application
(c) Reinstatement. When a permit has been revoked, it may not be reinstated.
A new Temporary Use Permit application for the same activity shall
not be approved until the causes of revocation have been corrected
and all costs incurred by the city have been paid as estimated by
the building official.
(Ord. No. 2020-07, § 6, 5-6-20)