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HomeMy WebLinkAboutOrd. No. 1987-811ORDINANCE NO. 811 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RESCINDING EXISTING CHAPTER 98 OF TITLE 17 OF THE LAKE ELSINORE MUNICIPAL CODE AND ADDING A NEW CHAPTER 98 TO TITLE 17 TO SAID CODE WHICH SHALL BE KNOWN AS "TEMPORARY OUTDOOR ACTIVITIES" THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: Existing Chapter 98 of Title 17 of the Lake Elsinore Municipal Code is hereby rescinded in its entirety and anew Chapter 98 of Title 17, as contained in Exhibit "A", attached hereto and made a part hereof, is hereby added to said Code, and shall be known and may be cited as the "Temporary Outdoor Activities Ordinance". SECTION TWO: This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON THE FIRST READING this 9th of June, 1987 , upon the following roll call vote: AYES: CDUNCILMEMBERS: DDMINGUEZ, MATSDN, WINKLER, STRIGOTTE NOES: CDUNCILMEMBERS: VERMILLION ABSENT: CDUNCILMEMBERS: NONE ABSTENTIONS: CDUfdCILMEMBERS: NONE upon the following roll call vote: PASSED, APPROVED AND ADOPTED UPON SECOND READING this 23rd day of June, 1987 AYES: NOES: ABSENT: ABSTENTIONS: CDUNCILMEMBERS: DDMINGUEX, MATSDN, WINKLER, STRIGOTTE CDUNCILMEMBERS: VERP1ILLIDN day CDUNCILMEMBERS: NONE CUUNCILMEMBERS: NONE Leon Stri te, Mayor ATTEST: \-~: Vicki li:'Kasad, City Clerk APPROVED A.~ 'i`O.FORM AND LEGALITY: ~~ John R. Harper City Attorney CHAPTER 17.98 TEMPORARY OUTDOOR ACTIVITIES Sections: 17.98.010 Purpose 17.98.020 Definitions 17.98.030 Categories 17.98.040 Application and Fees 17.98.050 Hearings 17.98.060 Action Upon Applications 17.98.070 Standards of Operations 17.98.080 overnight Camping 17.98.090 Sale or Dispensing of Alcoholic Beverages 17.98.100 Insurance 17.98.110 Performance Bonds 17.98.120 Variances 17.98.130 Appeals 17.98.140 Revocation Section 17.98.010 Purpose. This chapter is intended to provide for the regulation and control of temporary outdoor activities that occur on private property that are not otherwise permitted or regulated by this Title, in order to protect the public health, safety, and general welfare. Section 17.98.020 Definitions. For the purpose of this Chapter chapter, certain terms used herein are defined as follows: A. Temporary Outdoor Activity - Means an activity to which the public is invited with or without charge, which is held outside a building, on private property, on a temporary basis including, but not limited to, concerts, musical festivals, stage or theatrical shows, fairs, carnivals, exhibits, displays, sports events, automobile or animal races or competitions, tent revival meetings, and off-road vehicle events and also including private parties or outdoor activities not open to the public but held on vacant property not associated with a building or established facility otherwise permitted under this Title. B. Temporarv Uses - A use which is limited in time and extent and not involving construction or substantial improvements or significant alteration of the land. Section 17.98.030 Categories. The following categories of permits may be granted subject to the approvals set forth herein following application and payment of fees as set forth in Section 17.98.040 and provided compliance is demonstrated with the standards and provisions of this chapter. A. Major Outdoor Activity Permit. Temporary outdoor acti- vities at which more than 500 people may be expected to attend at one time may be permitted after a hearing as prescribed in Section 17.98.050, subject to the approval of City Council, upon application a minimum of sixty (60) days in advance of the scheduled activity. Major Outdoor Activity Permits shall not be granted for periods exceeding five (5) consecutive days or for events held more frequently than twice a year. B. Minor Outdoor Activity Permits. Temporary outdoor acti- vities at which between 150 and 500 people may be expected to attend at one (1) time may be permitted after a hearing as prescribed in Section 17.98.050, subject to the approval of the City Manager or his designee upon application a minimum of thirty (30) days in advance of the scheduled activity. EXHIBIT "A" ORDINANCE N0. 811 Minor Outdoor Activity Permits shall not be granted for periods exceeding five (5) consecutive days or for events held more frequently than twice a year. C. Activity Permits. Temporary outdoor activities at which less than 150 people may be expected to attend at one (1) time may be permitted subject to the approval of the City Manager or his designee Activity Permits shall not be granted for periods exceed- ing four (4) consecutive days or for events held more -frequently .than four (4) times a year with a minimum of thirty (30) days separating each occurrence. D. Temporary Use Permits. Temporary outdoor activities or other temporary uses at which less than 150 people may be expected to attend at any one (1) time which extend for longer than four (4) consecutive days may be permitted after a hearing as prescribed in Section 17.98.050 by the City Manager or his designee upon application a minimum of thirty (30) days in advance of the commence- ment of the activity or use. Temporary Use Permits may be granted only for commercial, industrial, or recreational zoned properties. Temporary Use Permits shall not be granted for periods exceeding thirty (30) consecutive days or for activities or uses held more frequently than once a year. Section 17.98.040 Application and Fees. Application for Major and Minor Outdoor Permits, Activity Permits, and Use Permits shall be filed with the Planning Division on a form prescribed by the Director of Community Development and shall include, but not be limited to, the following: A. Names and addresses of the sponsor, operator, and owner(s) of the property. B. Affidavit of the property owner authorizing use of the property for the proposed activity. C. Address and/or legal description of the property (Assessor's Parcel Number). D. Statement describing the proposed use together with any data pertinent to the consideration and granting of the requested permit, including, but not limited to: 1. Number of people expected to attend at any one time; 2. Total number of people expected to attend; 3. Dates and hours of operation; 4. Demonstration of compliance with the standards and provisions of this Chapter and that the conduct of the proposed activity or use will not be detrimental to the environment, or to the public health, safety or general welfare; E. A vicinity map. F. A dimensional site plan showing the boundaries of the property where the activity or use is proposed and illustrating the location of the major elements of the activity or use, including parking, access and circula- tion, water, and sanitary facilities; and G. A list of all current owners of property within three hundred feet (300') of the exterior boundaries of the subject property; the list shall be keyed to an Assessor's Parcel Map showing the location of these properties and a set of mailing labels for this list. Exception: This list is not necessary for an Activity Permit. H. Other information and plans as may be required by the Director of Community Development to determine whether a permit should be granted or denied. The Director may also authorize omission of any information or plans if he finds they are not necessary. Application shall be accompanied by a fee which shall be estab- lished in accordance with Chapter 3.32 of the Municipal Code. Section 17.98.050 Hearinas. Except for Activity Permits, a hearing shall be held by the designated entity, either the City Council or the City Manager or his designee at least one (1) week after notice has been given thereof as prescribed in Chapter 17.92.020.A. At this hearing the designated entity shall review the applica- tion and may receive comments from the public concerning the proposed activity or use and the manner in which it may affect surrounding properties or the public health, safety, or general welfare. Section 17.98.060 Action Upon Applications. The designated entity may approve, conditionally approve, modify, or deny the application after review of the application and any comments received. No application shall be approved unless the applicant has affirmatively demonstrated that all provisions of this Chapter will be complied with and that the proposed activity will not be detrimental to the environment, or the public health, safety, or general welfare. Section 17.98.070 Standards of Operations. Except as otherwise provided in this Chapter, Temporary Outdoor Activities may be permitted in any Zoning District, provided a permit is granted pursuant to the provisions of this Chapter. The following stan- dards shall be applied to all Temporary Outdoor Activities and compliance with these standards shall be demonstrated as a condition of the issuance of any permit provided for by this Chapter: A. Police protection. Every applicant shall employ at his own expense police protection as may be determined to be necessary. The number and type of officers shall be determined and specified by the chief of law enforcement officers to provide for the preservation of order and protection of property in and around the place of the activity. Funds to employ this specified number of law enforcement officers at the current hourly salary rate for policemen shall be deposited with the City at least ten (lo) days prior to the specified date the activity is to occur. B. Fire protection. Every applicant shall provide, at his own expense, adequate fire protection as determined by the fire protection agency or agencies having jurisdic- tion where the event is to be conducted. If the event is located in a hazardous fire area as defined by the River- side County Fire Code, a suitable number of fire guards shall be employed by the licensee, who shall be approved by the chief of the responsible fire protection agency-or agencies. Flammable vegetation and other fire hazards shall be removed in a manner and in such quantity as determined by the fire protection agency or agencies. First-aid fire extinguishment equipment shall be pro- vided as directed by the fire protection agency or agencies. Traffic lanes and other adequate space shall be designated and kept open for access and travel for ambulance, helicopter and other emergency vehicles to transport patients, or staff to appropriate on-site and off-site treatment facilities. C. Parking areas. 1. Every applicant shall provide adequate parking space for persons attending the activity by motor vehicle. 2. Persons desiring to operate or conduct an activity may be called upon to provide a parking space for every three (3) persons expected to attend the activity by motor vehicle. A parking plan shall be required to be submitted and approved prior the issuance of a permit. D. Access and parking control. Every applicant shall pro- vide adequate ingress and egress to the activity pre- mises and parking areas therefor. Necessary roads, driveways and entranceways shall exist to insure orderly flow of traffic into the premises from a highway or road which is a part of the City system of highways or which is a highway maintained by the State or County. A spe- cial accessway for fire equipment, ambulances and other emergency vehicles may be required. The Director of Public Services must approve the licensee's plan for ingress and egress before a license shall be issued. Additionally, any applicant may be required to show that traffic guards are under his employ to insure orderly traffic movement and relieve traffic congestion in the vicinity of the activity. E. Water facilities. 1. Every licensee shall provide from a water purveyor operating under a permit as required under the State Health and Safety Code, an ample supply of potable water for drinking and sanitation purposes on the premises of the activity. Location of water facilities on the premises must be approved by the health officer prior to issuance of a license. 2. The minimum supply of water to an outdoor activity is fifteen (15) gallons of water for each person in attendance per day. All water shall meet U.S. Public Health Service standards. Public and private flush-type water closets, lavatories and drinking facilities shall be required as determined by the County Health Officer. Sewage and drainage systems relating to such facilities shall meet the require- ments of the Health and Safety Code, and be subject to the prior approval of the County Health Officer. F. Sanitation facilities. Adequate sanitation facilities shall be provided as determined by the County Health Officer based upon State and local health laws. Provide facilities for the handicapped. G. Food concessions. Concessions must be licensed and oper- ate under valid Health Department permit pursuant to local ordinances and State laws. Every applicant shall provide at least one (1) flush-type water closet and lavatory for each sex in a closed facility for employees of each food concession or operation within the enclosure area of such food operation unless otherwise approved by the Health Officer. H. Hours of operation. All activities which are subject to permit under this Chapter shall close and cease operation continuously between the hours of twelve (12) midnight and eight (8) a.m. of each and every day. I. Illumination. Every applicant planning to conduct an activity after dark, or planning to allow persons who attend the activity to remain on the premises after dark, shall provide electrical illumination to insure that those areas which are occupied are lighted at all times. The Chief Building Official must approve the applicant's lighting plan as a prerequisite to issuance of a permit hereunder. An applicant may be required to illuminate specific areas on the premises in accordance with the following scale of lighting intensity: Illumination Watts/Square Feet Open areas reserved for spectators 0.05 Stage areas 5.00 Parking and overnight areas 0.25 Restroom and concession area 1.00 J. Medical facilities. Where a proposed activity is expec- ted to attract a large number of persons for a site located a substantial distance from adequate existing treatment facilities, the applicant shall be required to provide emergency medical treatment facilities on the premises. K. Trash and refuse. The site shall be cleaned and restored to its original condition or better at the conclusion of the event. An adequate number of trash receptacles shall be provided on-site and shall be emptied or removed as necessary at the applicant's expense. L. Noise. The amount of noise generated by the event shall not disrupt the activities of nearby land uses or other- wise violate the provisions of Chapter 17.78 of the Muni- cipal Code relating to Noise. M. Communication system. Applicant shall be required to establish a communication system for public use where ordinary communications are not available. N. Health and Safety Codes. All applicable laws and ordi- nances with respect to equipment used, construction, plumbing, mechanical, electrical, and all other respects shall be observed. 0. Sales of Goods and Services. All sales of goods and services shall be limited to or sponsored by one (1) of the following: 1. Non-profit organizations 2. Existing community organizations 3. Existing licensed businesses with an existing established business location within the City Section 17.98.080 Overnight Camoina. No overnight camping shall be allowed unless specifically authorized by City Council, in which case all camping and overnight areas shall obtain a temporary trailer park permit and comply with all applicable requirements of the California Administrative Code, Title 25. Section 17.98.090 Sale or Dispensing of Alcoholic Beverages. No sale or dispensing of alcoholic beverages shall be permitted ', unless specifically authorized by City Council. Section 17.98.100 Insurance. Any permittee may be required to obtain sufficient indemnity or liability insurance and provide a binder naming the City of Lake Elsinore as an additional named insured in an amount determined by the City's Risk Manager. Section 17.98.110 Performance Bonds. Performance bonds may be required as a condition of approval of any permit requiring the permittee to execute an agreement with the City of Lake Elsinore secured by a cash bond in the amount necessary to guarantee per- formance of the agreement and to restore the site to its original condition. Section 17.98.120 Variances. Variances or modifications to the strict interpretation of any provisions of this Chapter may be granted by City Council provided it finds that the purpose and intent of this Chapter has been complied with. Section 17.98.130 Appeals. An applicant or any interested per- son may file an appeal from the decision of the City Manager or his designee within ten (10) calendar days of the rendering of such a decision. The appeal must be in writing, on forms pro- vided by the City, and accompanied by a fee as set pursuant to Chapter 3.32 of the Municipal Code. Section 17.98.140 Revocation. Any permit issued pursuant to this Chapter may be summarily revoked and the activity ordered closed by the City Manager or his designee for breach of any of the conditions of the permit or the provisions of this Chapter, or for the violations of any laws of the State if, at any time, the applicant fails to immediately correct any such deficiencies. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on June 9, 1987, and had its second reading on June 23, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE i KI- L:~NN ~'LCA~SAD~CLERK CITY OF LE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 811, of said Council, and that the same has not been amended or repealed. DATED: June 24, 1987 I n VIC I LY E SAIS, CITY CLERK CITY OF LkR ELSI2dORE (SEAL)