Sec. 44-948. - Community event permit.

The purpose of this section is to provide a process for reviewing applications for community events which require special consideration due to an increase in traffic, parking, noise, glare, odor, impact on public parkland/facilities, visual impact, or other effects incidental to the operation of a community event.

(1)

Exceptions. The following activities are exempt from the community event permit requirement:

a.

Demonstrations that do not involve the use of vehicles, animals, fireworks, pyrotechnics, or equipment;

b.

Lawful picketing;

c.

Funeral processions by a licensed mortuary;

d.

Civic dances;

e.

Block parties;

f.

City-sponsored events.

(2)

Content of permit application. The review authority shall review a community event permit application within 30 days of receipt of a completed application. The review authority will receive the investigation report from the Police Chief and the Community Development Director. The following information is required at the time a community event permit is submitted to the City:

a.

Name, address and telephone number of sponsoring business or organization.

b.

Name and telephone number of an individual representing sponsoring business or organization.

c.

A complete description of the community event, including:

1.

Purpose of the event.

2.

Date and hours of the event.

3.

Location of the event.

4.

The anticipated number of people who will attend the event.

5.

List of all employees, vendors and contractors involved with the event.

6.

A description of any food, beverages or merchandise that will be sold or dispensed at the event.

7.

Description of any equipment (including vehicles) that will be used at the event.

d.

List of communities where the event has been previously conducted by the operator or operators of the proposed event.

e.

Description of proposed closure of public streets.

f.

A plot plan showing the property, placement of temporary buildings, placement of equipment, parking, and on site circulation.

(3)

Permit processing. An application for a community event permit must be submitted in accordance with Table V-1:

TABLE V-1. COMMUNITY EVENT PERMIT PROCESSING

(4)

Findings. The review authority shall approve the requested permit if the following findings can be made:

a.

All statements made in the application are factually correct.

b.

The applicant has complied with all the provisions of this Code and is in compliance with all City, State, and federal laws and regulations.

c.

The time, route, or size of the community event will not substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when it is usually subject to traffic congestion.

d.

Adequate temporary parking to accommodate vehicular traffic generated by the use will be available either on site or at alternate locations.

e.

The community event shall not impact the normal operations of the Police Department or Community Services Department.

f.

The concentration of persons, animals, and vehicles at the site of the event will not prevent proper police, fire, or ambulance services to areas contiguous to the event.

g.

Proof of insurance required by this Code as a prerequisite to the holding of the community event has been filed with the City.

h.

The conduct of the community event is in compliance with State and federal law and will not interfere with the preservation of the public peace, health, safety or welfare.

(5)

Refusal to issue permit. If the review authority, following investigation of the applicant, deems that the applicant does not fulfill the requirements as set forth in this Code, the application shall be denied. The review authority shall notify the applicant of such denial within 30 days of a completed application.

(6)

Permit conditions. The review authority may condition the issuance of a community event permit by

imposing reasonable requirements as necessary to protect the safety of persons and property, and the control of traffic, provided such conditions shall not unreasonably restrict individual rights as guaranteed under the United States Constitution. Such conditions include:

a.

Alteration of the date, time, route, or location of the event proposed.

b.

Requirement of security.

c.

Requirements for the provision of first aid or sanitary facilities.

d.

Notification of affected property owners.

e.

Restrictions on the use of amplified sound.

f.

Requirements for the use of traffic cones, delineators, or barricades.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-949. - Film permit.

The purpose of this section is to provide a process for reviewing applications for filming in the City. Applications shall be required for filming that may affect normal traffic patterns, may impact adjacent properties, may produce additional light, noise, or glare, and/or may result in other similar impacts.

(1)

Content of permit application. An application for a film permit must be submitted two weeks prior to the event. The following information is required at the time a film permit is submitted to the City:

a.

Name, address and telephone number of responsible party.

b.

A complete description of the filming, including:

1.

Date and hours of the filming.

2.

Location of the filming.

3.

Description of any equipment that will be used at the filmings.

c.

Description of proposed closure of public rights-of-way.

(2)

Issuance of permit. The review authority shall review a film permit application within five business days of receipt of a completed application and shall approve the requested permit if the following findings can be made:

a.

All statements made in the application are factually correct.

b.

The applicant has complied with all the provisions of this Code and is in compliance with all City, State, and federal laws and regulations.

c.

The filming is in compliance with State and federal law and will not interfere with the preservation of the public peace, health, safety, or welfare.

(3)

Refusal to issue permit. If the review authority deems that the applicant does not fulfill the requirements as set forth in this Code, the application shall be denied and the review authority shall notify the applicant of such denial within 30 days.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-950. - Reserved.

Sec. 44-951. - Special business permit.

(a)

Applicability. No individual, firm, partnership, joint venture, association, corporation, estate, trust, or any other entity shall operate, conduct or manage any business falling with the categories enumerated in this section without a special business permit as hereinafter provided.

(b)

Businesses requiring a permit. The businesses for which a special business permit is required hereunder are as follows:

(1)

Junk dealer.

(2)

Junkyard.

(3)

Pawnbroker.

(4)

Secondhand store or dealer.

(5)

Itinerant vendor.

(6)

Peddler.

(7)

Fortuneteller.

(8)

Check cashing services.

(9)

Tattoo parlors.

(10)

Body piercing.

(11)

Permanent make-up.

(12)

Short-term rental.

(13)

Any business in which any product or commodity is sold at retail from a motor vehicle, truck, or trailer or any business in which a product or commodity is sold at retail from any place except a fixed place of business within the City on which real property and ad valorem taxes are levied and collected.

(c)

Content of permit application. The following information is required at the time a special business permit application is submitted to the City:

(1)

Name, address and telephone number the business.

(2)

Name and telephone number of an individual representing sponsoring business or organization.

(3)

A complete description of the business, including:

a.

Name, address and telephone number the business.

b.

Name and telephone number of an individual representing sponsoring business or organization.

c.

Purpose of the business.

d.

Dates and hours of operation of the business.

e.

Description of any equipment (including vehicles) that will be used.

f.

Plot plan/floor plan showing the property, floor plan, placement of buildings, placement of equipment, parking, and onsite circulation.

(4)

Applicant shall pay a fee established by resolution of the City Council.

(d)

Additional required content of permit application for short-term rental. The following additional information is required at the time a special business permit application is submitted to the City:

(1)

A site plan including the location and dimensions of all dedicated off-street parking and on-street parking available for the short-term rental use.

(2)

A floor plan showing the dimensions of bedrooms, and the locations of smoke alarms, carbon monoxide alarms and fire extinguisher(s).

(3)

The total occupancy allowed pursuant to subsection 44-112(1).

(4)

An individual, firm, co-partnership, joint venture, association, corporation, estate, trust, or any other entity shall apply to the City for a special business permit annually for each vacation-rental property.

(5)

Applicant shall fill out the transient occupancy tax (TOT) registration form and return to the City Finance Department.

(6)

Such other information as the Community Development Department deems reasonably necessary to administer this section.

(e)

Short-term rental special business permit requirements. The purpose of this section is to provide a regulatory framework for short-term rentals in order to establish operating standards so that short-term rental activities do not become a nuisance to, or threaten the public peace, welfare, health, or safety of neighboring properties; to preserve the City's residential single-family housing stock; to retain the residential characteristics of neighborhoods; and to facilitate the collection of transient occupancy taxes (TOT).

(1)

Applicability. This section applies to all short-term rental uses as defined herein but is not intended to regulate hotels, motels, inns, the home exchange of a dwelling unit, or other rental arrangements including, but not limited to, community care facilities, lodging houses, rooming houses, supportive housing, or transitional housing.

(2)

Applicant. No individual, firm, co-partnership, joint venture, association, corporation, estate, trust, or any other entity shall advertise, offer to lease, operate, conduct, or manage a short-term rental in a residential dwelling without a valid previously issued and effective short-term rental special business permit, transient occupancy registration certificate, and City business license, for each separate address at which a shortterm rental would occur. The short-term rental special business permit and City business license shall be

posted inside of the short-term rental property. A short-term rental special business permit may only be issued to an owner and only for a dwelling unit at a fixed location and address. Accessory dwelling units and junior accessory dwelling units are prohibited from use as short-term rentals pursuant to section 44111, Accessory dwelling units (ADUs), of this Code.

(3)

Transient occupancy tax. Pursuant to chapter 14, article V, transient occupancy tax, of this Code, each short-term rental shall be registered with the City Finance Department and obtain a transient occupancy tax (TOT) transient occupancy registration certificate and account number. The owner must maintain records of paid transient occupancy tax for five years and produce them upon request.

(4)

Permit required. Short-term rental special business permit required when:

a.

Hosted short-term rentals are allowed with a short-term rental special business permit in the single family residential (R-1) zoning district.

b.

Non-hosted short-term rentals are allowed with a short-term rental special business permit in the single family residential (R-1) zoning district. Non-hosted short-term rentals are prohibited in all other zoning districts.

(5)

Submittal. Short-term rental special business permit application submittal.

a.

Operators in good standing. Operators of a short-term rental in good standing shall submit a short-term rental special business permit application for existing short-term rentals made non-conforming by the adoption of the ordinance codified in this subsection, accompanied by the short-term rental special business permit application fee to Community Development Department within 90 days of the effective date of this ordinance on October 31, 2022.

b.

Operators of short-term rentals in good standing may continue to rent, offer, or advertise an existing shortterm rental at the location specified in the short-term rental special business permit application while obtaining required City approvals, except as specified in subsection (b) below. All advertisements shall include the transient occupancy tax account number assigned by the Finance Department until the shortterm rental special business permit has been approved.

c.

If the short-term rental special business permit application is denied, the operator is no longer considered an operator in good standing and shall immediately cease renting, offering, or advertising the short-term rental.

d.

New short-term rental operators. New operators shall obtain a short-term rental special business permit prior to renting, offering, or advertising a short-term rental.

e.

Notification package. Short-term rental applicants shall submit a notification package to the City that contains the following:

1.

Two sets of printed address labels for all properties within the notification area.

2.

A certified list of the names and addresses of all property owners (including all condominium unit owners) within a 300-foot radius of the exterior boundary of the subject property prepared from the latest tax rolls.

3.

A certified list of all known tenants and business owners who live or have a place of business on the subject property for which an application was filed. and any adjacent municipalities shall receive a copy of the notice.

4.

Include assessor parcel number (APN) on the mailing label for the property being noticed within the 300foot radius.

5.

Copies of the assessor's maps indicating properties and area within the 300-foot radius.

(6)

Investigation of applicant. Upon receipt of the application, the Community Development Department and Finance Department shall investigate all facts or evidence bearing upon the nature of the short-term rental special business permit.

(7)

Duration. Duration of short-term rental special business permit. A short-term rental special business permit shall be valid for a period of no more than one year from date of approval.

(8)

Multiple short-term rentals. No individual, firm, co-partnership, joint venture, association, corporation, estate, trust, or any other entity shall hold more than two permits for short-term rentals within the City.

(9)

Annual requirement. A new short-term rental special business permit application shall be required annually. The applicant shall submit such information concerning the short-term rental activity as may be required to enable the tax collector to verify the amount of transient occupancy tax assessment paid pursuant to sections 14-117 to 14-130 of this Code and shall report any violations and/or the assessment and payment of any penalties during the prior year.

(10)

Extension. Extensions of a short-term rental special business permit is prohibited.

(11)

Transferability. A short-term rental special business permit is non-transferrable. If a property with an approved short-term rental special business permit is sold or transferred to any other person, a new shortterm rental special business permit shall be required.

(f)

Issuance of permit. A special business permit application may be approved by the approval authority as designated in section 44-486, table IV-2, special permit review authority, in whole or in part, with or without conditions, only if all of the following findings of fact can be made:

(1)

The proposed use is allowed within the subject zoning district and complies with all applicable provisions of this Code.

(2)

All statements made in the application are factually correct.

(3)

The applicant has complied with all the provisions of this Code and is in compliance with all City, State, and federal laws and regulations.

(4)

The issuance of the special business permit is in compliance with State and federal law and will not interfere with the preservation of the public peace, health, safety, or welfare.

(5)

The operation of the activity for which the permit is required comports with the peace, health, safety, convenience, good morals, and general welfare of the public.

(6)

The applicant, the applicant's employees, or associates of the person or persons who would be responsible for the management or supervision of the activity has not, within the previous five years, been convicted of any violation of this chapter or any law relating to dishonesty, fraud, deceit or moral turpitude.

(7)

The issuance of the short-term rental special business permit will conform to the requirements of this Code and will comport with the peace, health, safety, convenience, good morals, and general welfare of the public. To ensure that such short-term rental will comport therewith, the City may impose such terms, conditions, and restrictions upon the operation and conduct of such short-term rental in addition to the requirements of this Code as the City may deem necessary.

(g)

Conditions. In approving an application for a special business permit, the review authority may impose conditions that are deemed essential to ensure that the use shall be operated in compliance with this Code. These conditions may address any pertinent factors affecting the operation of the use.

(h)

Refusal to issue permit. If the review authority, following investigation of the applicant, deems that the applicant does not fulfill the requirements as set forth in this section, the application shall be denied and the review authority shall notify the applicant of such denial, within 30 days of a completed application.

(1)

A short-term rental special business permit may be denied if:

a.

The application is incomplete;

b.

The application is not consistent with the requirements of this section;

c.

The application does not comport with short-term rental provisions found in section 44-112 or with the peace, health, safety, convenience, good morals, and general welfare of the public;

d.

The appropriate application fee has not been received;

e.

The application contains a false or misleading statement or omission of a material fact; or

f.

The application seeks authorization at an address where a short-term rental special business permit has been suspended, revoked, or is subject to suspension or revocation proceedings for violation of any of the provisions of this section.

(i)

Short-term rental special business permit appeal. The applicant may appeal the decision of the special business permit subcommittee to either issue or deny the short-term rental special business permit pursuant to the procedures established in article IV, division 3, appeals, of this Code. The appeal authority shall be that person or body designated in the appropriate review authority table referenced herein under section 44-486, special permit review authority, table IV-2.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2022-06, § 11, 8-2-2022)

Secs. 44-952—44-975. - Reserved. DIVISION 9. - ADULT ORIENTED BUSINESS PERMIT[[10]]

Footnotes:

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State Law reference— Local authority to regulate the time, place, and manner of operation of sexually oriented businesses, Government Code § 65850.4, Penal Code §§ 318.5, 318.6.