§ 33-1536. Application and determination. — Escondido Zoning Code

(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

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City of Escondido, CA

ESCONDIDO CODE

§ 33-1536

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.

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City of Escondido, CA § 33-1536

ZONING

§ 33-1536

  - (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.

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City of Escondido, CA

ESCONDIDO CODE

§ 33-1536

§ 33-1538

(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)