Note: Prior ordinance history: Ords. 117, 120, 163, 347,
473 and 1057.
The purpose of this chapter is to preserve the peace and tranquility
of the city's residential neighborhoods by regulating certain
events, gatherings and assemblies within the city's residential
neighborhoods in a manner that effectively avoids or mitigates the
negative secondary effects that some events, gatherings and assemblies
have on traffic flow, traffic congestion, parking, air quality, noise,
light, glare, health, safety, security, aesthetics, pets, etc. in
areas of the city zoned for residential use.
A.
The intent of this chapter is to regulate the neighborhood impacts
of certain types of events, gatherings and assemblies held or conducted
at private residences, which are located in areas of the city situated
in zoning districts designated for residential use, by prohibiting
commercial events in residential zones, but allowing non-profit events,
gatherings and assemblies to be held or conducted in residential zones
provided a non-profit special event permit is obtained pursuant to
the provisions of this chapter that include conditions intended to
avoid or mitigate the negative secondary impacts that such events
may potentially have on traffic flow, traffic congestion, air quality,
noise, light, glare, health, safety, security, aesthetics, pets, etc.
in residential neighborhoods.
B.
This chapter is not intended to prohibit or regulate private events,
that are not being held for commercial purposes, from taking place
at private residences, hosted and held by the record owner of the
property, in areas of the city situated in zoning districts designated
for residential use, unless otherwise provided by the municipal code.
means the person or entity applying for a non-profit special
event permit pursuant to the provisions of this chapter.
means any rental or temporary use of any portion of real
property in a residential zone for purposes of hosting a gathering,
event, or assembly organized, sponsored or conducted by any person
or entity, in exchange for anything of value, including money, goods,
services, or other compensation or consideration of any kind, that
is held or conducted for the benefit or promotion of any business
(excluding a bona fide non-profit organization) and/or the promotion
or sale of any goods or services provided by a business (excluding
a bona fide non-profit organization).
means anything of value, including, but not limited to, money,
payments, donations, goods, services, wares, tickets, passes, admission,
personal property, merchandise or any other similar items provided
or given to the record owner of the subject real property in return
for use of said real property for an event, gathering or assembly
of any kind in a residential zone.
means a "tax-exempt non-profit organization" that is exempt
from paying federal or state income taxes, in good standing with the
Internal Revenue Service, California Franchise Tax Board, California
Secretary of State's Office, California Attorney General's
Office and any other applicable regulatory agency, and which has been
in existence as a bona fide tax-exempt non-profit organization for
a minimum of six continuous months preceding the date of application
for a non-profit special event permit under this chapter.
means an event, gathering or assembly held or conducted at
a private residence, located in areas of the city situated in zoning
districts designated for residential use, without compensation paid
to the record owner of the subject property or any of the owner's
agents, representatives, family members, etc., for use of the subject
property, for the benefit or promotion of a bona fide non-profit organization
and/or the promotion or sale of any goods or services provided by
a bona fide non-profit organization as defined by this chapter, whether
conducted by the record owner of the subject real property or any
third party person or entity.
means the person or entity (applicant) issued a non-profit
special event pursuant to the provisions of this chapter.
means an event hosted by the property owner that is not held
or conducted for a commercial purpose or for a non-profit special
event, nor an event held or conducted for the benefit or promotion
of a bona fide non-profit organization and/or the promotion or sale
of any goods or services provided by a bona fide non-profit organization
as defined by this chapter.
means garbage, waste, trash, rubbish and other discarded
matter.
means areas zoned in Title 17 of this code as HR (Hillside
Reserve), R-E (Residential Estate), R-L-2 (Residential Very Low Density),
R-L-3 (Residential Low Density), R-M (Residential Medium Density),
R-H (Residential High Density) and MHP (Mobile Home Park).
means any sign, pennant, flag, banner, inflatable display,
or other material that is intended to attract the attention of passersby.
means any physical, electronic or virtual ticket, pass, permit
or any verbal permission that gives a person or entity the right to
enter any space, place, location or venue to attend or participate
in an event subject to this chapter.
means any person or entity promoting or selling any food,
beverages, goods or services at an event subject to this chapter.
A non-profit special event organized by or for a bona fide tax-exempt
non-profit organization taking place on private property, with the
express permission of the record owner, located in an area of the
city situated in a zoning district designated for residential use
may be permitted provided a non-profit special event permit is issued
for the subject event pursuant to the provisions set forth in this
chapter.
The city manager, or designee, subject to the consent of the
city attorney, is authorized to establish policies and procedures
to implement and administer the provisions of this chapter, provided
that such policies and procedures are content-neutral, related to
protecting public health and safety and preserving the residential
character of residential zones in the city, consistent with the purpose,
intent and provisions of this chapter.
No gatherings, events, or assemblies for any commercial event,
commercial purpose, or commercial use shall be permitted in any area
of the city situated in zoning districts designated for residential
use in exchange for any compensation or consideration provided or
given to the record owner of the subject real property in return for
use of said real property for said event, purpose or use or in exchange
for the purchase of any tickets or passes, as defined in this chapter.
The provisions of this chapter shall apply to areas of the city
situated in zoning districts designated for residential use, which
includes HR (Hillside Reserve), R-E (Residential Estate), R-L-2 (Residential
Very Low Density), R-L-3 (Residential Low Density), R-M (Residential
Medium Density), R-H (Residential High Density) and MHP (Mobile Home
Park).
A non-profit special event conducted pursuant to a validly issued
non-profit special event permit shall not exceed a duration of six
consecutive hours.
Non-profit special event permits shall not be issued within
14 consecutive days of the expiration date of a previously issued
non-profit special event permit for the same parcel.
No more than five non-profit special event permits shall be
issued per calendar year for any given parcel.
The maximum number of attendees shall be determined on a case-by-case
basis by the city manager or designee with the application of a non-profit
special event permit. The maximum number of attendees shall be determined
based on the following factors: the size of the parcel where the event
is to be held, the maximum occupancy of any structures on the parcel,
the applicable fire code provisions, and any other objective factors
set forth in any policies or procedures adopted to implement or administer
the provisions of this chapter.
Approval of a non-profit special event permit does not constitute
the city's endorsement, sponsorship or support of the non-profit
special event and the property owner and/or non-profit special event
organizer or sponsor shall not produce, distribute or disseminate
any informational material about the non-profit special event that
indicates or implies otherwise.
The city's logo, city seal and any other city trademarked,
copyrighted or protected words, phrases, symbols or designs shall
not be used by the permittee to advertise, promote or otherwise identify
any aspect of the non-profit special event.
Notwithstanding the above, the city manager or designee is permitted
to provide the city's official endorsement, sponsorship and support
of a non-profit special event and to allow a non-profit special event
organizer or sponsor to use any of the city's protected symbols,
including, without limitation, the city logo and city seal, if it
is determined by the city manager or designee to be in the city's
best interest.
No person shall operate, conduct, advertise, promote or offer
to sell or sell or furnish tickets or passes or provide any permission
to attend or participate in a non-profit special event in the city
unless a non-profit special event permit is issued by the city to
operate or conduct the non-profit special event pursuant to this chapter.
An application for a non-profit special event permit to conduct
a non-profit special event by or for a bona fide non-profit organization
shall be submitted to the development services department at not less
than 15 working days prior to the scheduled non-profit special event.
Any applications received less than 15 working days prior to the scheduled
non-profit special event may be rejected. Applicants are encouraged
to submit applications 30 days prior to the event taking place in
order to ensure processing. The application shall contain the following
information:
A.
The name, residence, mailing address, and mobile telephone number
of the person or entity making such application. The application must
be signed by either the president, vice-president or the secretary
of the non-profit organization applicant and must contain the addresses
of such corporate officers;
B.
The name, address, and mobile telephone number of the owner of the
subject property;
C.
The name, address, and mobile telephone number of the non-profit
special event's onsite contact person who shall be present for
the duration of the non-profit special event;
D.
A statement of the kind, character or type of the non-profit special
event and related activities which the applicant proposes to conduct,
operate, or carry on;
E.
The address or legal description of the place where the proposed
non-profit special event is to be conducted, operated or carried on.
Additionally, the applicant must submit proof of ownership of the
place where the non-profit special event is to be conducted or a statement,
signed by the owner of the premises, confirming the owner's consent
that the non-profit special event site be used for the proposed non-profit
special event. If applicable, written consent from the board of the
homeowner's association shall be required;
F.
The size of the subject parcel and an estimate of the number of persons
expected to attend the proposed non-profit special event;
G.
Such other information as the city manager or his or her designee
deems reasonably necessary to administer this chapter.
The applicant shall pay the requisite application fee, established
by resolution of the city council, before the application may be deemed
complete for processing. The purpose of the application fee is to
defray the city's estimated reasonable cost of processing the
application. The city manager has the authority to waive any application
fees.
The applicant shall pay the estimated cost of any public services
or equipment the city manager or designee determines is necessary
to monitor, administer or control any activities associated with the
non-profit special event. The applicant shall deposit with the city
the estimated costs of such public services and equipment via a cash
deposit, bond or other such security deemed sufficient by the city
manager or designee.
The city manager or designee may require that an applicant for
a non-profit special event permit provide a detailed explanation of
the applicant's plans to provide security and fire protection,
water supply and facilities, food supply and facilities, sanitation
facilities, medical facilities and services, vehicle parking space,
vehicle access and on-site traffic control, as well as any other information
deemed necessary to ensure protection of public health and safety
and to preserve the residential character of the city's residential
zones.
Upon receipt of an application, the development services department
will promptly review the application for completeness and may subsequently
schedule a non-profit special events meeting with the applicant and
pertinent staff.
A.
The development services department may establish conditions which
must be met prior to the issuance of any non-profit special event
permit under this chapter.
B.
The type of conditions which may be imposed by the development services
department, pursuant to the city's general police power for the
protection of health, safety and property of local residents and persons
attending non-profit special event activities in the city, may include,
but not be limited to:
1.
Provision of additional police or fire personnel under the direction
of the city and paid for by the applicant.
2.
Sufficient sanitation facilities.
3.
Medical facilities.
4.
Access and parking controls.
5.
Adequate lighting.
6.
Posting of security bond.
7.
Any other conditions reasonably related to preservation of public
health and safety.
After staff completes its prompt review of a completed non-profit
special event permit application, the development services department
shall recommend granting the non-profit special event permit, denying
the non-profit special event permit, or establishing conditions which
must be met, before the non-profit special event permit may be granted.
If pre-permit conditions are imposed by the development services department,
the applicant shall furnish or cause to be furnished proof that all
conditions have been met before the non-profit special event permit
may be issued.
Every permittee is required to provide an adequate site plan
showing adequate on-site parking spaces for persons attending the
non-profit special event by motor vehicle or an off-site parking plan
including transportation services. The site plan must be approved
before a non-profit special event permit may be issued.
Every non-profit special event applicant is required to provide
adequate ingress and egress to the non-profit special event premises
and parking areas. Roads, driveways and entranceways must allow for
the orderly flow of traffic into the premises from a public highway
or road. For purposes of this section, a minimum street clearance
of 24 feet shall be considered the default requirement. An additional
commercial access way for fire equipment, ambulances, and other emergency
vehicles may be required. The development services department must
approve the permittee's plan for ingress and egress before a
permit may be issued. Additionally, a permittee may be required to
provide traffic guards to ensure orderly traffic movement and relieve
traffic congestion in and around the vicinity of the non-profit special
event area.
The hours of operation for any non-profit special event shall
be set forth in the subject permit and permittee shall comply with
any noise, traffic and other restrictions regarding the non-profit
special event's hours of operation. In no case shall the hours
of operation of a non-profit special event exceed six consecutive
hours.
Every permittee may be required to send notice to neighboring
residences within 500 feet of the subject property in advance of a
non-profit special event if the proposed event involves a significant
potential for impacts on the quiet enjoyment of those neighboring
residences. The notice will include the hours of the event.
All vendors participating in a non-profit special event shall
obtain a city business license and any other applicable permits and
licenses at least 72 hours prior to the non-profit special event,
unless proof is provided that the vendor already possesses all of
the requisite permits and/or licenses to engage in the subject vending
activities at the non-profit special event.
The owner, the owner's authorized agent or representative
and/or the owner's designated local contact person shall use
reasonably prudent business practices to ensure that the occupants
and/or guests of the non-profit special event do not create unreasonable
noise or disturbances, engage in disorderly conduct, or violate any
applicable law, rule or regulation pertaining to the use and occupancy
of the property.
A permittee may be required to meet any other condition prior
to receiving a permit to conduct a non-profit special event which
the city manager or designee has reasonably calculated as being necessary
to protect the health, welfare and property of local residents and
persons attending the non-profit special event.
When the city manager or designee certifies that all pre-non-profit
special event permit conditions have been met, he or she shall issue
a non-profit special event permit specifying the name and address
of the permittee, the kind of non-profit special event permitted and
the number of hours of operation authorized. No non-profit special
event permit issued pursuant to this chapter shall be transferable.
The city manager or designee may deny issuance of a permit if
he or she finds any of the following:
A.
That the applicant fails to meet the conditions imposed pursuant
to this chapter;
B.
That the proposed non-profit special event as conditioned will be
conducted in a manner or location not meeting the health, fire, or
building and safety standards established by this code or other ordinances
of the city or laws of the state;
C.
That the applicant has knowingly made a false, misleading, or fraudulent
statement of material fact in the current or any prior permit application
or in any other document required pursuant to this chapter;
D.
That the applicant, or any of the applicant's employees, agents,
or any person connected or associated with the applicant as a partner,
director, officer, associate, or manager has previously conducted
a similar type of non-profit special event that resulted in the creation
of a public or private nuisance;
E.
That the non-profit special event will create the imminent possibility
of violent disorderly conduct likely to endanger public safety or
to result in significant property damage;
F.
That the applicant has failed to conduct a previous non-profit special
event in accordance with law or the terms of a permit, or both;
G.
That written complaints from the record owners of parcels within
500 feet of the proposed non-profit special event venue have been
submitted to the city regarding a non-profit special event held at
the same venue in the previous 12 months;
H.
That the proposed non-profit special event venue is subject to a
pending code enforcement proceeding action initiated by the city;
or
I.
That the applicant or owner has held an unpermitted non-profit special
event within the last 24 months.
|
If an application is denied, the city manager or designee shall
mail to the applicant by certified mail, return receipt requested,
written notice of denial which shall include a statement of the reasons
the application was denied.
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The city manager's decision may be appealed to the planning commission pursuant to Chapter 17.76 Appeals, for a final decision which shall not be appealable to the city council.
The following acts shall be prohibited:
A.
Conducting a commercial event or other event for a commercial purpose
or for a commercial use, as defined in this chapter, in violation
of this chapter;
B.
Conducting, operating or participating in a non-profit special event
which requires a permit under this chapter, but for which a non-profit
special event permit has not been issued;
C.
Selling tickets or advertising or promoting a non-profit special
event for which a non-profit special event permit was required under
this code but has not been obtained;
D.
Operating or conducting a non-profit special event in such manner
as to create a public or private nuisance;
E.
Allowing any person on the premises where a permitted non-profit
special event is being held to cause or create a disturbance in, around,
or near any place of the activity by disorderly conduct;
F.
Allowing any person to consume, sell, or be in possession of intoxicating
liquor in, around, or near the place where the non-profit special
event is held, except where such consumption or possession is expressly
authorized under the laws of the state;
G.
Allowing any person at the permitted non-profit special event to
use, sell, or be in possession of any narcotic or dangerous drug while
in, around, or near a non-profit special event venue;
H.
Failing, neglecting or refusing to pay the city the fee required
by this chapter or city council resolution;
I.
Failing, neglecting or refusing to fulfill any or all of the conditions
imposed pursuant to this chapter;
J.
Allowing the non-profit special event to be conducted in a manner
which violates any law or regulation established by the laws or ordinances
of the city or the laws of the state;
K.
Using or discharging fireworks or other explosive devices, such as,
but not limited to, firecrackers;
L.
Using, controlling or flying unmanned aircraft systems, commonly
known as drones during the non-profit special event, unless permitted
by the non-profit special event permit.
A.
Additional Conditions. A violation of any provision of this chapter
by the applicant or permittee or their respective agents or representatives,
vendors, attendees or other persons permitted to attend or participate
in the subject non-profit special event shall authorize the city manager,
or designee, to impose additional conditions on a non-profit special
use permit to ensure that any potential additional violations are
avoided.
B.
Permit Modification, Suspension and Revocation. Unless otherwise provided in this chapter, a violation of any provision of this chapter by the applicant or permittee or their respective agents or representatives, vendors, attendees or other persons permitted to attend or participate in the subject non-profit special event shall constitute grounds for modification, suspension and/or revocation of a non-profit special use permit and/or any affiliated licenses or permits pursuant to the provisions set forth in Chapter 14.170 (Permit and License Suspension, Modification and Revocation Procedures) of Title 14 of this code.
C.
Notice of Violation. The city may issue a notice of violation to the applicant or permittee or their respective agents or representatives, vendors, attendees or other persons permitted to attend or participate in the subject non-profit special event pursuant to Chapter 14.70 (Notice of Violation) of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties.
D.
Administrative Citation. The city may issue an administrative citation to the applicant or permittee or their respective agents or representatives, vendors, attendees or other persons permitted to attend or participate in the subject non-profit special event, pursuant to Chapter 14.80 (Administrative Citation and Appeal Procedures) of this code, including, but not limited to, the imposition of any and all fines and penalties set forth therein, or in Section 5.12.285 of this chapter, if there is any violation of this chapter committed, caused or maintained by any of the above parties. Nothing in this section shall preclude the city from also issuing an administrative citation upon the occurrence of the same offense on a separate day. Unless otherwise provided herein, any person issued an administrative citation pursuant to this chapter shall for each separate violation be subject to the following fines: (1) an administrative fine in an amount not to exceed $1,000 for the first citation; (2) an administrative fine in an amount not to exceed $2,000 for a second citation issued for the same offense within a 12-month period of the date of the first offense; and (3) a fine in an amount not to exceed $4,000 for a third and any subsequent citation issued for the same offense within a 12-month period of the date of the first offense.
E.
Infraction. The city may issue an infraction citation to the applicant or permittee or their respective agents or representatives, vendors, attendees or other persons permitted to attend or participate in the subject non-profit special event, pursuant to the provisions set forth in Chapter 14.100 (Infraction Violations) of this code, including, but not limited to, the imposition of any and all fines and penalties set forth therein, or in Section 5.12.285 of this chapter, if there is any violation of this chapter committed, caused or maintained by any of the above parties. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day. Unless otherwise provided herein, any person convicted of an infraction shall, for each separate violation of this chapter be subject to: (1) a fine in an amount not to exceed $1,000 for a first conviction of an offense; (2) a fine in an amount not to exceed $2,000 for a second conviction of the same offense within a 12-month period of the date of the first offense; and (3) a fine in an amount not to exceed $4,000 for the third conviction of the same offense within a 12-month period of the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a 12-month period of the date of the first offense shall be $8,000.
F.
Public Nuisance. It shall be a public nuisance for any person to commit, cause or maintain a violation of this chapter, which shall be subject to the provisions of Chapter 14.120 (Notice of Public Nuisance and Order to Abate and Appeal Procedures) of this code, including, but not limited to, the imposition of any and all fines and penalties set forth therein, or in Section 5.12.285 of this chapter.
A.
Not Possessing a Non-Profit Special Event Permit. If a complaint
regarding the condition, operation, or conduct of a non-profit special
event is reported to the city's law enforcement agency or the
city's code compliance division that involves an event, activity
or conduct that requires a non-profit special event permit which has
not been obtained or issued, the city may impose a fine of $5,000
on the owner of the subject property for the first offense and $10,000
for any subsequent offense committed.
B.
If the complaint regarding the condition, operation, or conduct of
an unpermitted non-profit special event is not corrected within one
hour of initial contact and issuance of citation, the city may impose
a $10,000 fine every hour thereafter until the complaint is corrected.
