Chapter 85.16 — TEMPORARY SPECIAL EVENT PERMITS

The purpose of this Chapter is to establish regulations that will protect the general public health, safety, and welfare under the authority granted to governments by the Constitution of the State of California. (Ord. 4011, passed - -2007)

(a) Director’s Authority. Temporary Special Event Permits may be reviewed and approved or disapproved by the Director, in compliance with this Chapter.

(b) Procedure. Staff review without notice.

(Ord. 4011, passed - -2007)

(a) General Provisions.

(1) Intent. The intent of this Chapter is to provide regulations for the establishment, operation, removal, and cleanup of temporary special events that do not constitute a “land use” of sufficient magnitude or longevity to require permanent land use approval.

(2) Permit Required. Except as otherwise provided by the County Code or State law, no person or entity shall advertise, conduct, maintain, operate, or provide admission for any temporary special event within the unincorporated areas of the County without possessing an unexpired, unsuspended, and unrevoked Temporary Special Events Permit from the Department for each temporary special event.

(3) Exemptions. The following temporary events are exempt from the requirements of obtaining a Temporary Special Events Permit in compliance with this Chapter:

(A) Any sites that have received land use approval (e.g., Conditional Use Permit) to allow temporary special events.

(B) Any temporary special events held in County Regional Parks.

(C) Any Class I minor event as defined in Division 10 (Definitions) with an anticipated attendance of less than 500 persons per day. This exemption shall not apply to a staging event as defined in § 28.0401 of Title 2 of this Code involving ten or more persons operating off-highway motor vehicles. § 28.0404 of Title 2 requires a Temporary Special Event Permit for such staging events.

(D) Any Class II minor event with an anticipated attendance of less than 200 persons per day.

(4) Relevant Agencies. The Department shall notify and consult with all relevant County, State, and Federal agencies including the following:

(A) The County Departments of Airports, Fire, Public Health, Public Works, Sheriff, and the County Code Enforcement Division;

(B) The State of California Departments of Alcoholic Beverage Control, Fish and Game, Highway Patrol, and Transportation; and

(C) The U.S. Forest Service, Bureau of Land Management, Bureau of Reclamation, and the U.S. Park Service. (b) Required Information and Timing of Application. Before organizing any temporary special event, the applicant shall supply the information the Department may reasonably require based upon the location, intensity, and level of

services required for each proposed temporary special event. Application for events shall be submitted in a complete form in advance of the anticipated commencement of the activity in the following manner:

• (1) Minor Events.

• (A) Events Proposed to Operate for the First Time. At least 30 days in advance for a community celebration, and at least 90 days in advance for any other event.

• (B) Recurring Events. At least 30 days in advance if the event had been previously reviewed and approved.

• (2) Major Events. At least 180 days in advance.

• (c) Fees.

(1) For major events only, within 60 days of notification by the Department, any County department substantially affected by an event, other than the Sheriff’s Department which is covered under Subdivision (i), below, shall submit a billing to the event applicant (with a copy to the Department) of the estimated total fees and charges of that department pertaining to the special event.

• (2) All estimated total fees and charges shall be deposited by the event applicant with the affected department(s) at least 60 days before the scheduled opening of the special event.

• (3) Within 30 days of the end of the special event, the affected County department shall give a final accounting/billing to the event operator (with a copy to the Department).

• (4) Within 60 days of the end of the special event, the event operator shall deposit all unpaid County departments’ fees and charges and the affected department(s) shall refund any surpluses, as applicable.

• (d) Bonding and Insurance.

• (1) Each applicant may be required to provide sufficient liability insurance naming the County as an additional named insured.

(2) The insurance shall be sufficient to protect, defend, and indemnify the County, its agents, employees, officers, servants, and volunteers from and against any claim, damage, injury, liability, and loss of any nature arising out of, or in any way connected to, the temporary special event.

• (3) The amount, quality, and type of the insurance shall be determined in compliance with the policy established by the Risk Management Division.

• (4) The County may require a bond be posted before the special event to ensure that all conditions are met, including the cleanup and restoration of landscape.

(e) Review Procedures.

• (1) Upon receipt of a completed application and all related fees, the Department shall consult with all applicable agencies and departments.

• (2) The special event shall comply with the California Environmental Quality Act (CEQA) in compliance with §§ 15301 and 15304 of the CEQA Guidelines.

• (3) If the special event has the potential to cause adverse environmental impacts, an environmental review of the proposed event shall be conducted in compliance with the County Code and CEQA.

• (4) An additional environmental review fee will be required.

• (5) After an environmental determination has been made, or if one is not required, the Director:

• (A) May refer any Temporary Special Event Permit application directly to the Board for consideration;

• (B) May require a Conditional Use Permit or other appropriate land use permit and approval where the magnitude or longevity of the use requires the permit and/or approval; and

• (C) Shall notify the applicant of the Sheriff’s determination, if the Sheriff has determined in compliance with Subdivision (i), below, that no permit should be issued.

• (f) Permits Nontransferable. Any permit issued in compliance with this Chapter shall not be transferable to any other date, organization, person, place, or time.

(g) Posting. Every permit required by this Chapter shall be conspicuously posted upon the premises of the temporary special event in a manner specified by the Department.

• (h) Permit Conditions. The Director, the Sheriff, and the Board shall take into consideration all relevant

information when determining the approval or disapproval and any necessary conditions for a requested temporary special event permit, including the following:

• (1) Adequate office space(s) and communication equipment for all regulatory personnel on site by the permit holder;

• (2) Bonding and insurance requirements;

• (3) Cleanup trash disposal;

• (4) Communication, including temporary or additional telephones and an adequate public address system;

• (5) Consideration of the impositions upon adjacent properties and the local communities;

• (6) Electrical illumination requirements;

• (7) Fire protection, including location of fire hydrants and supplemental water sources;

• (8) Food concessions;

• (9) Inclement weather contingencies;

• (10) Medical/first aid facilities;

• (11) News releases required;

• (12) Noise impact(s) (An applicant’s request to play or broadcast music, especially between the hours of 11:00

• p.m. and 7:00 a.m., shall be evaluated and determined based on all relevant information including the following: the

• proximity to the nearest residence, business, or other occupied land use; the topography of the site and relevant surrounding area; and the time limits the music is proposed to be played);

• (13) Overnight camping problems;

• (14) Restoration of landscape;

• (15) Sanitation facilities;

• (16) Site(s) upon which the temporary special event is to occur, and the provisions for adequate ingress/egress and adequate parking including provisions for special traffic guards or signals;

• (17) Topographical and ecological considerations and consideration of alternative sites;

• (18) Water facilities; and

• (19) Final accounting procedures, billings, and/or reimbursements.

• (i) Police Protection - Sheriff’s Determination.

(1) Upon receipt of the special event application from the Department, the Sheriff’s Department shall take into consideration all relevant information when determining their recommendation for the approval or disapproval and any necessary conditions for a requested temporary special event permit, including those items identified in Subdivision (h), above, and the following:

• (A) Applicants’ previous relevant experience and background;

• (B) Control of alcoholic beverages and dangerous substances;

• (C) Crowd control measures;

• (D) Emergency evacuation procedures;

• (E) News releases;

• (F) Police protection; and

• (G) Provisions for special accessway(s) for emergency vehicles.

(2) If the Sheriff determines, for any of the following reasons, that the event will endanger the public health, peace, safety, or welfare, no permit shall be issued. The grounds for disapproval by the Sheriff are any one of the following:

(A) Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail;

(B) Another Special Event Permit application has been received prior in time, or has already been approved, to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or the Sheriff is unable to meet the needs for law enforcement services for both events;

(C) The route, size, or time of the special event will substantially interrupt the safe and orderly movement of traffic contiguous to the event route or site, or disrupt the use of a street at a time when it is usually subject to great traffic congestion;

(D) The concentration of animals, persons, and vehicles at the site of the special event, or the assembly and disbanding areas around an event, will prevent proper ambulance, fire, law enforcement, or paramedic services to areas contiguous to the event;

(E) The size of the special event will require diversion of so great a number of Sheriff’s deputies to ensure that participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent normal protection to the rest of the County. Nothing within this Section authorizes disapproval of a permit because of the need to protect participants from the conduct of others if reasonable permit conditions can be imposed to allow for adequate protection of event participants with the number of law enforcement officers available to police the event;

(F) The location of the special event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the County streets, or a previously-granted Encroachment Permit; or

(G) The special event would occur at a time when a school is in session at a location or route adjacent to the school or one of its classes, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or one of its classes.

(3) When the grounds for disapproval of a permit specified in Subdivisions (B) through (G), above, can be corrected by altering the date, duration, location, route, or time of the special event, the Sheriff shall, instead of disapproving the application, conditionally recommend approval of the application upon the applicant’s acceptance of conditions for permit issuance. The conditions imposed shall provide for only the modification of the applicant’s proposed event as may be necessary to achieve compliance with Subdivisions (B) through (G), above.

(4) If the Sheriff determines that the special event will not endanger the public health, peace, safety, or welfare, the Director shall be advised of the Sheriff’s determinations and recommendations.

(5) If the Sheriff determines that the special event will endanger the public health, peace, safety, or welfare, unless the applicant obtains extra police protection, the Director shall be advised of the Sheriff’s requirements for extra police protection as a mandatory condition for the issuance of a permit.

(6) Where the Sheriff specifies the employment of off-duty peace officers, and/or reserve peace officers, to meet the requirements of this Chapter, the peace officers shall be under the complete direction of the Sheriff. The Sheriff shall require that the requisite number of peace officers be provided at all times of operation, plus any specified time before and following the special event, before the Sheriff recommends approval of the permit.

(7) The employment of the specified number of law enforcement officers shall be at the expense of the applicant, the expense to be calculated in compliance with the County’s fee provisions pertaining to public gatherings, and shall be paid in full 30 days in advance of the special event.

(8) The Sheriff shall determine whether regular or reserve officers are to be utilized based on availability, the nature of the assignment, and the number of officers needed to ensure the safety and welfare of the public during the special event.

(j) Requests for Law Enforcement Services at Temporary Special Events.

(1) Any person or entity not required to obtain a permit in compliance with the provisions of this Chapter may request law enforcement services to preserve the peace at temporary special events.

(2) The application shall be made to the Sheriff and shall be in writing, stating the name and address of the applicant, the place where the temporary special event is to be held, the estimated number of persons to be present, and the purpose of the temporary special event.

(3) Upon receipt of the application, the Sheriff shall determine whether law enforcement services are necessary to preserve the peace, and if the Sheriff so determines, and if the services will not reduce the normal and regular ongoing service that the County would otherwise provide, the Sheriff shall contract with the applicant to provide the services at an amount to cover all related costs to the County.

(4) The costs shall be calculated in compliance with the County’s fee provisions pertaining to public gatherings.

(k) Permit Expiration. A Temporary Special Event Permit shall expire in compliance with the terms of the permit.

(l) Complaints. Any interested person may file a complaint with the Department, the Sheriff, or the Board, or petition for a suspension or revocation of any Temporary Special Event Permit issued in compliance with this Chapter.

(m) Grounds for Suspension or Revocation. The Director or the Sheriff may suspend, and the Director may revoke, any Temporary Special Event Permit issued in compliance with this Chapter based upon reasonable causes, which may include any one of the following:

• (1) Nonpayment of required fees to the County or its agents;

• (2) Violation of any permit condition;

• (3) Violation of any law involving the operation of the temporary special event;

• (4) Any disorderly conduct or use of dangerous substances caused by the operation of the temporary special event; or

(5) Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail.

(n) Suspension.

(1) The Director or the Sheriff may summarily suspend any Temporary Special Event Permit if the Director or Sheriff finds or reasonably suspects that operation of the event may constitute an immediate public health or safety hazard.

(2) At the time of suspension, the Director or Sheriff shall issue a written notice to the permit holder stating the grounds for the suspension and notifying the permit holder of the right to a hearing on the suspension.

• (3) If a written request for hearing is filed with the Director within 15 calendar days after the receipt of the notice, the Director shall provide a hearing within five days of receipt of the written request for a hearing.

• (4) If the suspension notice is given on or within 25 days of the start date of the special event, the Director shall take reasonable steps to expedite the hearing process.

• (5) The hearing may be continued from time to time.

• (6) At the conclusion of the hearing, the Director shall render a decision.

• (7) The Director may continue the suspension in effect until the Director determines the grounds for suspension no longer exist.

(8) If an urgent situation exists relative to the public health, safety, or welfare for a specific special event, an emergency suspension may be executed by the Director to be effective immediately.

(o) Revocation.

(1) The Director may commence revocation proceedings by mailing a notice not less than ten days before the date set for hearing, informing the permit holder of the causes for revocation and the time and place at which the revocation matter will be heard.

(2) If the revocation notice is given on or within 25 days of the start date of the event, the Director shall take reasonable steps to expedite the hearing process.

• (3) The hearing may be continued from time to time.

• (4) A revocation hearing may be held concurrently with a suspension hearing.

• (5) At the conclusion of the hearing, the Director shall render a decision.

• (6) If an urgent situation exists relative to the public health, safety, or welfare for a specific special event, an emergency revocation may be executed by the Director to be effective immediately.

• (p) Violations/Remedies. It shall be unlawful for any person to do any of the following:

(1) Advertise, conduct, or operate a temporary special event without first possessing an unexpired, unsuspended, unrevoked Temporary Special Event Permit for each event.

(2) Distribute, give, or sell admission passes or tickets to any temporary special event without first possessing an unexpired, unsuspended, unrevoked Temporary Special Event Permit for each event.

(3) Operate any temporary special event in a manner that would create a public or private nuisance.

(4) Conduct, exhibit, or show within the place of the temporary special event any activity that violates California State law or any County ordinance.

(5) Knowingly allow any person on the site of the temporary special event to cause or create a disturbance in, around, or near any place of the temporary special event by offensive or disorderly conduct.

(6) Knowingly allow any person to consume, distribute, possess, or sell any alcoholic beverage on the site of the temporary special event, except as expressly allowed as a condition of the permit and in compliance with the laws and regulations enforced by the State Department of Alcoholic Beverage Control.

(7) Knowingly allow any person to consume, distribute, possess, or sell any controlled drug or dangerous substance in, around, or near any place of the temporary special event.

(8) Knowingly broadcast or play any live, recorded, or synthesized music after 11:00 p.m. or before 7:00 a.m. at the site of a temporary special event, except as expressly authorized as a condition of a Temporary Special Event Permit.

(q) Events Conducted Without Required Permit(s). Any temporary special event conducted without the required permit(s) is subject to closure at anytime during the event. The promoter, business owner, and/or landowner may be subject to cost recovery by the agencies participating in the closure.

(r) Temporary Special Events on Federal or State Land. When temporary special events have received a complete land use approval by a Federal or State agency, including the Bureau of Land Management and the U.S. Forest Service and is properly certified to the Department, the Director may, upon consultation with and approval of the Sheriff, limit or waive any or all the provisions of this Chapter as they are determined to be adequately controlled by the Federal or State agency.

(s) Off-Road Vehicle Race Criteria. The Director shall use the following criteria to review off-road vehicle races. (1) Any portion of the race course traversing private land shall be on an improved public easement or traveled way that has been primarily maintained by the use of hand or power machinery or tools in order to allow relatively regular and continuous use; or maintained by the passage of vehicles so as to constitute a well defined and adequate route of travel for the types of vehicles intended for use in the special event. Any applicable permit(s) shall first be obtained for the use of County-maintained flood control easements, roads, or other routes.

(2) No spectators shall be allowed, or activities conducted other than the passage of vehicles on any portion of the private property, road, or route.

(3) No passing shall be allowed on the road or route unless it has adequate width to permit safe passage of two race vehicles abreast without necessitating travel off the designated course.

(4) The race route on private lands shall pose no undue or extraordinary hazards to the participants or the general public.

(5) The race shall not adversely affect any sensitive environmental resources on private lands in compliance with the determination made during the environmental review.

(6) The owner(s) of the private property to be crossed by the temporary special event has/have issued written permission to the individual(s) conducting the race to authorize use of the private property. (Ord. 4011, passed - -2007)

In addition to the provisions specified in this Chapter, the procedures and requirements in Chapter 86.06 (Time Limitations), and those related to appeals and revocation in Division 6 (Development Code Administration), shall apply following a decision on an application for a Temporary Special Event Permit. In the case of a conflict, the provisions of this Chapter shall prevail.

(a) Condition of the Site Following Short-term Activity. Each site occupied by a short-term activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Development Code. Performance security may be required before initiation of the activity to ensure cleanup after the activity is finished in compliance with § 86.06.050 (Performance Guarantees).

(b) Performance Security for Temporary Structures. Before issuance of a Temporary Special Event Permit the applicant shall provide performance security in a form and amount acceptable to the Director to guarantee removal of all temporary structures within 30 days following the expiration of the Temporary Special Event Permit. (Ord. 4011, passed - -2007)