§ 22.188

The Special Events Permit is established to regulate short-term and extended-term special events. Special events are uses, activities, or events that are temporary and that may not otherwise be allowed in the applicable zone, but may be permitted because of their limited or temporary nature, provided that such special events are evaluated for compatibility with surrounding land uses and any adverse effects or incompatibilities are avoided or adequately mitigated.

(Ord. 2019-0004 § 1, 2019.)

22.188.020 - Applicability.

A.

Short-Term Special Events. A Short-Term Special Events Permit may approve the following special events:

Short-term events sponsored by a public agency or a religious, fraternal, educational, or service organization directly engaged in civic, charitable, or public service endeavors, conducted for no more than six weekends or seven consecutive days during any 12-month period and limited to:

a.

Carnivals.

b.

Exhibitions.

c.

Fairs.

d.

Short-term farmers' markets not otherwise governed by Division 3 (Zones) or 4 (Combining Zones and Supplemental Districts) in this Title 22.

e.

Festivals, excluding outdoor festivals.

f.

Pageants and religious observances, excluding tent revival meetings.

2.

In a Commercial or Industrial Zone:

a.

Limited-term pop-up restaurants and other eating establishments, including accessory alcoholic beverage sales for on-site and off-site consumption, and conducted for no more than six weekends or seven consecutive days during any 12-month period; and

b.

Limited-term pop-up retail/commercial uses listed in Table 22.20.030-B (Land Use Regulations for Commercial Zones) and Table 22.22.030-B (Land Use Regulations for Industrial Zones), including accessory alcoholic beverage sales for on-site and off-site consumption, with the exception of adult businesses, and conducted for no more than six weekends or seven consecutive days during any 12month period.

3.

Outdoor display of goods, equipment, merchandise, or exhibits in a Commercial Zone, not conducted more than once during any 30-day period nor more than four times during any 12-month period, with each

occurrence not to exceed one weekend or three consecutive days, provided that:

a.

All goods, equipment, and merchandise shall be the same as those sold or held for sale within the business on the lot where the outdoor display is proposed;

b.

Not more than 20 percent of the area designated for parking required by Chapter 22.112 (Parking) for the established business shall be used in connection with the outdoor display;

c.

A temporary banner may be permitted for the duration granted in the permit at any location on the subject property, but in no event shall the banner exceed 40 square feet of total sign area; and

d.

This Chapter shall not permit the outdoor storage of goods, equipment, merchandise, or exhibits, except as otherwise may be provided by this Title 22.

B.

Extended-Term Special Events Permitted. An Extended-Term Special Events Permit may approve any special event for an extended period of time, as determined appropriate by the Director, except that outdoor display of goods, equipment, merchandise, or exhibits shall not be permitted.

C.

Certain Uses on County Property—Board Authority. Certain uses on County property are permitted in accordance with Section 22.188.090 (Certain Uses on County Property).

D.

Movie On-Location Filming. Movie on-location filming for a period of time to be determined by the Director shall be reviewed in accordance with Section 22.188.100 (Movie On-Location Filming).

(Ord. 2022-0008 § 112, 2022; Ord. 2019-0004 § 1, 2019.)

22.188.030 - Application and Review Procedures.

A.

Application Checklist. The application submittal shall contain all of the materials required by the Special Events Permit Checklist.

B.

Review Procedures.

Multiple applications shall be in compliance with Section 22.222.060 (Multiple Applications).

2.

Application filing and withdrawal shall be in compliance with Section 22.222.070 (Application Filing and Withdrawal), except that the time period specified in Section 22.222.070.C shall be reduced from one year to six months.

3.

Fees and deposits shall be in compliance with Section 22.222.080 (Fees and Deposits).

4.

Initial application review shall be in compliance with Section 22.222.090 (Initial Application Review).

C.

Extended-Term Special Events Permit. Prior to taking action, the Director shall provide notice of application in compliance with Section 22.222.130 (Notice of Application), except where modified below:

1.

Notice Content. The notice shall also indicate that any individual may oppose the granting of the application by a written protest to the Director.

2.

Comment Period. The Director shall allow a minimum comment period of 15 days after the notice has been mailed. The end of the comment period shall be stated on the notice.

3.

Notification Radius. Notice shall be mailed in compliance with Section 22.222.160.A.

(Ord. 2022-0008 § 113, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Short-Term Special Events Permit.

1.

When making a decision on the application, the Director may apply performance standards to ensure compliance with this Title 22 and all other applicable federal, State, or local codes, laws, rules, regulations, and statutes, including those of the California Department of Alcoholic Beverage Control, including, but not limited to:

a.

Adequate parking facilities shall be provided for the proposed event to prevent excessive traffic or queuing on public streets. All parking areas shall be maintained open and accessible during the hours of the event.

b.

Event grounds shall be maintained free of any trash debris, garbage, and junk and salvage. An adequate number of trash containers shall be provided for the proposed event.

c.

Setup, breakdown, or cleanup for the event shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m., and shall be limited to three to five days in addition to the days approved for operation of the event.

d.

The subject property shall be restored to its original condition, and any temporary awnings and structures shall be removed within 24 hours of the event.

e.

Unless authorized by the Special Event Permit, no activities shall be conducted on the street or adjacent lots.

f.

Any amplifying speakers for a public announcement system shall be directed away from residential areas.

g.

A temporary banner no greater than 40 square feet may be permitted on site for the duration of the event.

h.

No event structures or activities shall be permitted within the protected zone of an oak tree on or adjacent to the property being used for the event, unless an Oak Tree Permit (Chapter 22.174) application has been approved.

2.

The Director may deny the application if the applicant was previously granted a Special Events Permit and did not conduct the event in compliance with this Chapter, or otherwise has a history of non-compliance with this Title 22, or other applicable federal, State, or local codes, laws, rules, regulations, and statutes, including those of the California Department of Alcoholic Beverage Control.

3.

If the Director approves the application, at least one or more inspections shall be conducted during the event at the discretion of the Director to determine the permittee's compliance with this Chapter. The permittee shall deposit with the County a sum determined by the Director, which shall be placed in a

performance fund and be used exclusively to reimburse the Department for all expenses incurred while inspecting the event to determine the permittee's compliance.

B.

Extended-Term Special Events Permit.

1.

Common Procedures. Decisions shall be made in compliance with Section 22.222.200 (Findings and Decision) and Subsection B.2, below, and include the findings in Subsection C, below.

2.

Additional Procedures for Decision.

a.

In addition to Subsection B.1, above, the Director shall deny an application when any written protest submitted within 15 days of the date noted on the notice and determined by the Director to be of general community interest and cannot be adequately mitigated through the imposition of conditions.

b.

In all cases where a written protest has been received and the Director determines that the concerns raised are of general community interest, the applicant shall be notified in writing. Such notification will also inform the applicant that within 30 days after receipt of such notice he may request a public hearing before the Hearing Officer by filing any additional information that the Director may require and by paying an additional fee, the amount of which shall be stated in the notice. At the expiration of the 30-day period:

i.

The Director shall deny an application where the applicant has not requested a public hearing; or

ii.

A public hearing shall be scheduled before the Hearing Officer. All procedures related to notification, publication, and conducting the public hearing shall be the same as for a Conditional Use Permit. Following a public hearing, the Hearing Officer shall approve, conditionally, approve, or deny the proposed application, based on the findings required by Subsection C, below, and all other applicable requirements of this Chapter.

C.

Findings.

1.

Adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations acceptable to the Director in any case where such special

event is proposed for a period longer than one weekend or three consecutive days.

2.

The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.

3.

The proposed site is adequate in size and shape to accommodate such special event without material detriment to the use, enjoyment, or valuation of the property of other persons located in the vicinity of the site.

4.

The proposed site is adequately served by bicycle facilities and/or streets or highways having sufficient width and improvements to accommodate the kind and quantity of vehicle and bicycle traffic that such special event will or could reasonably generate.

(Ord. 2022-0008 § 114, 2022; Ord. 2019-0004 § 1, 2019.)

22.188.050 - Notice of Action.

The Director shall issue and mail a notice of action in compliance with Section 22.222.220 (Notice of Action).

(Ord. 2019-0004 § 1, 2019.)

A.

The effective date of decision and appeals shall be in compliance with Section 22.222.230 (Effective Date of Decision and Appeals).

B.

Notwithstanding Subsection A, above, the decision of the Hearing Officer or Director shall become final unless an appeal is timely filed pursuant to Chapter 22.240 (Appeals).

C.

Notwithstanding Chapter 22.240 (Appeals), the decision of the Commission on an appeal shall be final and effective on the date of decision.

(Ord. 2019-0004 § 1, 2019.)

22.188.070 - Post-Decision Actions and Regulations.

A.

Documentation, scope of approval, and Exhibit "A" shall be in compliance with Section 22.222.240

(Documentation, Scope of Approval, and Exhibit "A").

B.

Use of property before final action shall be in compliance with Section 22.222.250 (Use of Property Before Final Action).

C.

Performance guarantee and covenant shall be in compliance with Section 22.222.260 (Performance Guarantee and Covenant).

D.

Expiration date and extension for unused permits and reviews shall be in compliance with Section 22.222.270 (Expiration Date and Extension for Unused Permits and Reviews).

E.

Cessation of use shall be in compliance with Section 22.222.280 (Cessation of Use).

(Ord. 2019-0004 § 1, 2019.)

22.188.080 - Conditions of Issuance for Extended-Term Special Events Permit.

A.

The Director may impose conditions to ensure that the Special Events Permit will be in accordance with the findings required by the application. Such conditions may involve any pertinent factors that could affect the operation of such special event, including, but not limited to:

1.

Requirement of adequate temporary parking facilities including vehicular access and egress.

2.

Requirement of adequate temporary parking facilities, including vehicular access and egress, when a special event is proposed for a period longer than one weekend or three consecutive days, either on-site or at alternate locations for both the special event and related permanent uses, provided, that such temporary usage is specifically recognized in the permit, subject to this Subsection A.2:

a.

Joint usage of required parking facilities established to serve a permanent use, provided the owner or occupant of the permanent use or their authorized legal representative submits written consent, and it is determined by the Director that such joint utilization will not have a substantially detrimental effect on the surrounding area;

b.

Temporary occupation by a temporary use of a portion of parking facilities or structures established to serve a permanent use provided the owner or occupant of such use or their authorized legal representative submits written consent, and evidence submitted by the applicant shows that such joint utilization will not have a substantially detrimental effect on the surrounding area; and

c.

The temporary reduction in required parking for such permanent use shall not be construed to require a Variance (Chapter 22.194) application with respect to parking requirements of this Title 22.

3.

Regulation of temporary buildings, structures, and facilities; including:

a.

Placement, height, and size limitations on commercial rides or other equipment permitted;

b.

Location of open spaces including buffer areas and other yards; and

c.

Signs.

4.

Requirement of a performance bond or other surety device to assure that any temporary facilities or structures used for such proposed special event use will be removed from the site within one week following such event and the property restored to a neat condition. The Director may designate a different time period and/or require cleanup of additional surrounding property.

5.

Regulation of nuisance factors such as but not limited to prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, garbage, and heat.

6.

Regulation of operating hours and days including limitation of the duration of such special event to a shorter or longer time period than the maximum period requested.

7.

Requirement that the approval of the requested special event shall comply with all other applicable federal, State and local laws.

8.

Such other conditions as will make possible the operation of the proposed temporary use in an orderly and efficient manner and in accord with the intent and purpose of this Title 22.

B.

In addition to such other conditions as the Director may impose, it shall also be deemed a condition of every Special Event Permit, whether such condition is set forth in the Special Event Permit or not, that such approval shall not authorize the construction, establishment, alteration, moving onto or enlargement of any permanent building, structure, or facility.

(Ord. 2022-0008 § 115, 2022; Ord. 2019-0004 § 1, 2019.)

22.188.090 - Certain Uses on County Property—Board Authority.

Where the following special events are proposed on property owned by or held under the control of the County, the department, district, or agency with delegated authority to administer such activity by the Board may assume jurisdiction and approve such special events subject to limitations and conditions as are deemed appropriate by said department, district, or agency:

A.

Carnivals, exhibitions, fairs, festivals, pageants, and religious observances.

B.

Farmers' markets.

C.

On-location filming.

(Ord. 2019-0004 § 1, 2019.)

22.188.100 - Movie On-Location Filming.

A.

Notwithstanding the other provisions of this Chapter, applications for on-location filming permits shall be filed with the filming permit coordination office which shall approve such application for a time period not to exceed the time period specified in this Title 22 where it finds that the findings set forth in Section 22.188.040.C (Findings) and Section 22.188.040.A.2 (Additional Findings) have been met by the applicant. In addition, in lieu of Section 22.188.040.A.2.a, the filming permit office shall also find that such approval will not result in a frequency of usage likely to create incompatibility between such temporary use and the surrounding area. Where an application is denied due to frequency of usage, the filming permit office shall specify the minimum time period between approvals which, in its opinion, is necessary to prevent such incompatibility.

B.

In interpreting the other provisions of this Chapter in relation to on-location filming, the filming permit office shall be substituted for the Director, and the provisions of Section 22.188.030 (Application and Review Procedures) shall not apply.

C.

Any person or entity issued a permit for the filming of an adult film, as defined in Section 11.39.010 (Adult Films) of Title 11 of the County Code, under this Chapter or any other law authorizing the issuance of permits for commercial filming are required to maintain engineering and work practice controls sufficient to protect employees from exposure to blood and/or any other potentially infectious materials controls, in a manner consistent with California Code of Regulations, Title 8, Section 5193 (Bloodborne Pathogens). Any such permit shall contain the following language: "Permittee must abide by all applicable workplace health and safety regulations, including California Code of Regulations Title 8, Section 5193 (Bloodborne

Pathogens), which mandates barrier protection, including condoms, to shield performers from contact with blood or other potentially infectious material during the production of films." The County shall charge, or shall direct any other person or entity contracting with the County to administer the film permitting process, to charge, entertainment industry customers seeking permits for the production of adult films a fee sufficient to allow periodic inspections to ensure compliance with the conditions set forth in Section 11.39.010 (Adult Films).

(Measure B, approved by voters in Nov. 6, 2012 General Election: Ord. 90-0093 § 10, 1990: Ord. 83-0007 § 8, 1983.)

(Ord. 2022-0008 § 116, 2022; Ord. 2019-0004 § 1, 2019.)

Chapter 22.190 - SURFACE MINING PERMITS