Montebello Municipal Code Ch. 12.16 Temporary Permits for Outdoor Activities

A. Temporary permits shall be required for all of the activities enumerated in subsection B of this section, and all activities found by the council to be similar or related thereto, except those activities sponsored by the city, or sponsored by a school district if conducted on the premises of such district. The activities, being temporary in nature, possess characteristics of such unique and special form as to make impractical their operation without specific approval, upon such conditions as may be deemed appropriate, in the manner hereinafter set forth is this chapter.

B. No person shall sponsor, participate or engage in any of the following enumerated activities, without first obtaining a temporary use permit therefor, issued by the zoning administrator of the city;

1. Circuses;

2. Parades, other than defined in Section 12.17.030 of this code;

3. Carnivals;

4. Fairs;

5. Temporary outdoor exhibits of equipment, goods or services, excepting retail or wholesale sales permitted under the provisions of Title 17 of this code;

6. Inflatable signs or advertisements;

7. Tents, as defined in Section 2901 of the Fire Prevention Code when used for public occupancy;

8. Aircraft and helicopter landings and demonstrations, parachutist demonstrations;

9. Public demonstrations or gatherings of more than twenty-five people, other than defined in Section 12.17.030 of this code;

10. Outdoor entertainment including outdoor dancing and/or performance of music whether live or recorded for which a charge is made for admission or in conjunction with the consumption of alcoholic beverages; provided, that:

a. No such permit shall be issued on any property classified in any of the R-zones, nor shall any location for such use be approved if the same is within seven hundred fifty feet of any lot which is utilized for residential purposes, and

b. Issuance of a permit hereunder shall be deemed to be conditional upon the applicant providing all required customer parking on-site or within three hundred feet from the premises.

The duration of permits for the activities enumerated in subdivisions 1 through 10 of this subsection shall be limited to a period not to exceed seven consecutive calendar days and no more than one permit shall be issued to any organization or individual in any three-month period;

11. The indoor and outdoor sale of Christmas trees, except when such sales are in conjunction with an established commercial business, holding a valid city business license. The duration for this activity shall be for a period of not to exceed thirty consecutive calendar days in any one-year period;

12. Temporary contractor's storage yards, for use in conjunction with a construction project for or by a public agency or utility; provided, that:

a. Such permits shall not be issued for periods in excess of ninety days. Such permits shall be subject to renewal if so required to permit completion of the project,

b. Such yard permits shall only be issued if it is found that the location will be comparable with, and not cause a nuisance to adjacent properties,

c. No such permit shall be issued on any property classified in any of the R-zones, nor shall any location for such use be approved if the same is within one hundred fifty feet of any lot which is utilized for residential purposes, and

d. Issuance of a permit hereunder shall be deemed to be conditioned so as to require that the operation be maintained in a reasonably dust-free condition, and that the area of such use shall be fenced, for security purposes, subject to the approval of the building department;

13. Moving and/or estate sales conducted on weekends not designated as "garage sale weekends" as defined in Section 17.10.230 of this code shall not exceed three consecutive calendar days, and the fee for such activity shall be set by city council resolution;

14. Temporary signs as defined by Chapter 17.08 of this code.

a. Temporary signs relating to the sale of residential units or lots shall be permitted for a period not to exceed six months, but upon application may be extended for a period not to exceed an additional six months,

b. All other temporary signs shall be permitted as defined in Section 17.62.070(C) et seq. of this code.

15. Storage of intermodal shipping containers as defined by Section 17.08.366 of this code. A monthly fee will be charged by the city in the following manner: (a) one thousand dollars per month for storage of one hundred or less intermodal shipping containers, and (b) two thousand dollars per month for storage of more than one hundred intermodal shipping containers.

C. The issuance of a temporary permit, pursuant to this chapter shall not be deemed a waiver of any requirement of any other provision of this code, except as provided in Section 17.08.366.

(Ord. 2141 §§ 5—9, 1996; Ord. 2070 §§ 27, 28, 1992; prior code §§ 6410 and 6410.1)

(Ord. No. 2446, § 2, 12-8-2021)

A written application for a temporary permit shall be filed with the license collector containing the following information:

A. Name of applicant (including names and addresses of all principals, partners or officers;

B. Proposed location;

C. Nature of activity;

D. Duration of activity;

E. Description of any equipment to be used;

F. Such other information as the license collector deems appropriate.

(Prior code § 6410.2(a))

A filing and investigation fee of twenty-five dollars shall be required with each such application. The license collector shall exempt an applicant from payment of such fee:

A. If the applicant is exempt for business license purposes, under Section 5.04.060; or

B. If the application is filed by an organization which has had its principal office, place of worship or headquarters within the city, for a period of not less than one year, and that such applicant is organized and operated for charitable, religious or civic purposes; and if as a result of the organization's character, it is determined that a full investigation is not required for purposes of this chapter.

(Ord. 2141 § 10, 1996; prior code § 6410.2(b) (part))

The zoning administrator shall not issue any permit until the application has been referred to the chief of police, or other departments as deemed necessary, for review and the chief returns a report thereon to the zoning administrator, including any pertinent comments and/or recommendations relating to such application.

(Ord. 2141 § 11, 1996: prior code § 6410.2(b) (part))

The zoning administrator shall refuse to issue a permit if the activity would not be compatible with the preservation of the public peace, safety and general welfare, or if the same would be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity. The zoning administrator shall notify the applicant of the fact of such denial by United States mail, postage prepaid, addressed to the applicant at his last known address.

(Ord. 2141 § 12, 1996: prior code § 6410.3(C))

A. The zoning administrator shall, upon proper investigation of the application, issue a temporary permit if it is determined that the proposed activity can, and will, be conducted in a manner compatible with the preservation of the public peace, safety, health and general welfare, and will not be injurious or detrimental to property located in the immediate vicinity of the proposed location for the activity.

B. The zoning administrator shall have the power to impose reasonable conditions upon the issuance of such permits to insure the preservation of the public peace, safety, health and general welfare, and to insure that the activity will not be injurious or detrimental to property located in the immediate vicinity of the proposed location for the activity.

C. In addition to other conditions that may be imposed for the issuance of a temporary permit which includes gatherings of twenty-five persons or more, and concerts or special events held on public or private property, the use of uniformed private patrol personnel who are regularly employed by a private patrol qualified under Chapter 5.04 of this code, and licensed to do business in the city, shall be required in accordance with the following schedule:

D. The private patrol officers must be licensed, must be in an easily recognizable complete private patrol officer's uniform which is in contrast to the uniform of the officers of the Montebello police department.

E. The city manager may, upon consideration of an application for such permits, require a greater number of private patrol officers or such patrol officers may be waived if the city manager finds that such patrol officers are not required to preserve the public peace, health and safety.

(Ord. 2141 § 13, 1996; Ord. 2081 § 2, 1993: prior code § 6410.3(A))

Immediately upon issuance of a temporary permit, the zoning administrator shall notify the chief of police of such fact together with all pertinent information pertaining to the issuance. Thereafter, the chief of police shall have the responsibility of administrative enforcement. Where the chief of police and/or zoning administrator determines that other permits, licenses or fees are required by law, the respective city department or other agency having jurisdiction thereof shall be notified, and shall suspend the temporary use permit until all such other licenses, permits or fees are obtained.

The chief of police shall inspect the activities for which temporary permits have been issued, at appropriate times during the duration of such permit thereof. He shall maintain suitable records on all enforcement matters herein and all matters related thereto, that may be pertinent to the use, activities or the public welfare.

(Ord. 2141 § 14, 1996: prior code § 6410.3(B))

A. The chief of police shall have the power to suspend, and shall suspend, any temporary permit if he finds that the permittee has:

1. Violated any condition imposed upon the permit; or

2. Violated any provision of this code; or

3. Is, by the actual conduct of the activity, threatening the preservation of the public peace, safety or general welfare, or unreasonably interfering with the use and enjoyment of other property in the immediate vicinity of the activity.

B. The chief of police shall notify the permittee, by United States mail, postage prepaid, addressed to the permittee at his last known address, of such suspension.

(Prior code § 6410.3(D))

A. Any person aggrieved by any decision, determination or action taken by the zoning administrator or the chief of police, in connection with a temporary permit, shall have the right of immediate appeal to the city council. Such an appeal shall be in writing, and shall be filed with the city clerk within ten days of the denial thereof, accompanied with the required appeal fee in the amount set by city council resolution. Upon receipt of an appeal, the city clerk shall notify the zoning administrator and/or chief of police thereof, and shall set the matter on the city council agenda for its next regularly scheduled meeting. The city clerk shall give the party appealing, and any other person requesting the same, at least five days' written notice, in the manner previously described, of the time and place of such hearing. This notice provision may be waived by the appellant, and such other persons who have requested such notice.

B. The applicant shall have the burden of proof to show that the suspension or other decision was not justified, was unreasonable, or was otherwise incorrect. At the time of the hearing, the applicant shall have the right to present any relevant written or oral evidence. The council shall consider such evidence, together with appropriate staff reports and other information deemed by it to be relevant, and shall determine whether the suspension or decision was justified.

C. The hearing before the council, in such cases, shall not be a formal public hearing, nor shall any public notice be required to be given relating thereto.

D. The council's decision shall be final and conclusive.

(Ord. 2141 § 15, 1996; prior code § 6410.3(E))