Desert Hot Springs, CA Zoning Ordinance

Desert Hot Springs City Zoning Code

CHAPTER 17

156 SPECIAL USES

§ 17.156.010 Definition.

For the purpose of this chapter, “special use” means any music festival, dance, rock festival, swap meet, flea market, Christmas tree lot, sidewalk sale or similar temporary, outdoor activity.

(Prior code § 113.20)

§ 17.156.020 License required.

No person shall operate, maintain, conduct, advertise or sell or furnish tickets for a special use in the City unless the person shall first obtain a license from the City to operate or conduct such festival.

(Prior code § 113.21)

§ 17.156.030 Application-Fee.

Application for a license to conduct a special use shall be made, in writing, to the Planning Department at least 15 days prior to the time indicated for the commencement of the planned activity, and shall be accompanied by a nonrefundable application fee and shall contain the following information:

The name, residence and mailing address of the person making such application. If the application is made by a partnership, the names and addresses of the partners must appear. Where the applicant is a corporation, the application must be signed by the president, vice-president or secretary thereof and must contain the addresses of such corporate officers, and a certified copy of the articles of incorporation may be required to be submitted with the application.

A statement of the character or type of use which the applicant proposes to conduct, operate or carry on.

The address or legal description of the place where the proposed use is to be conducted, operated or carried on. Additionally, the applicant must submit proof of ownership of the place where the use is to be conducted, or a statement, signed by the owner of the premises, indicating his/her consent that the site be used for the proposed festivities.

The dates and the hours during which the use is to be conducted.

An estimate of the number of customers, spectators, participants and other persons expected to attend the use for each day it is conducted.

(Prior code § 113.22)

§ 17.156.040 Specified plans.

A detailed explanation of the applicant’s plans to provide security and fire protection, water supply and facilities, food supply and facilities, sanitation facilities, medical facilities and services, vehicle parking space, vehicle access and on-site traffic control and, if it is proposed or expected that spectators or participants will remain at night or overnight, the arrangement for illuminating the premises and for camping or similar facilities shall be included with such application. The applicant’s plans shall include provisions for numbers of spectators in excess of the estimated numbers, and provisions for cleanup of the premises and removal of rubbish after the event has concluded. A plot plan showing the arrangement of the facilities, including those for parking, egress and ingress, may be required to be submitted with such application.

(Prior code § 113.23)

§ 17.156.050 Processing of application.

Upon receipt of a completed application, the Planning Department, when applicable, shall give copies of the application to the Police Chief, the Health Officer of the County, the Fire Department and the City Manager, who shall investigate the application and report, in writing, to the Planning Department, with appropriate recommendations related to their respective official functions as to granting a license and conditions thereto.

(Prior code § 113.24)

§ 17.156.060 Consideration of application.

Based upon the reports of the department heads, the Planning Department shall recommend granting the license or denying the license, or shall set conditions which must be met or require security that they will be met, before a license may be granted. If conditions are imposed by the Planning Department, the applicant shall furnish, or cause to be furnished, proof that all conditions have been met, before the license may be issued by the licensing officer.

(Prior code § 113.25)

§ 17.156.070 Issuance of license-Fee-Display-Transferability.

When the licensing officer certifies that conditions have been met, the officer shall, upon payment of a fee established by resolution of the City Council, issue a license specifying the name and address of the licensee, the kind of use licensed and the number of days’ operation authorized. The licensee shall keep such license posted in a conspicuous place upon the premises at which the festivities are conducted. No license issued pursuant to this chapter shall be transferable or removed to another location.

(Prior code § 113.26)

§ 17.156.080 Conditions of issuance.

The Planning Department may establish conditions which must be met prior to the issuance of any license under this chapter.

The conditions which may be imposed by the Planning Department, pursuant to the City’s general police power for the protection of health, safety and property of local residents and persons attending special use activities in the City, may include, but shall not be limited to, the following:

Police Protection. Every licensee may be required to employ, at his/her own expense, police protection. The number and type of officers shall be sufficient to provide for the preservation of order and protection of property in and around the place of the special use activity. When the employment of off-duty peace officers is specified to meet the requirements of this chapter, such peace officers shall be under the complete direction and control of the sheriff of the County. The Planning Department must be satisfied that the requisite number of peace officers will be provided at all times of operations, plus any specified time prior to or following the event, before a license is issued.

Water Facilities. Every licensee may be required to provide an ample supply of potable water for drinking and sanitation purposes on the premises of the special use. The locations and number of water facilities on the premises must be approved by the Health Officer prior to issuance of a license. All water shall meet United States Public Health Service standards. Sewage and drainage systems relating to such facilities shall meet the requirements of the California Health and Safety Code and be subject to the prior approval of the Health Officer and Building Official.

Food Concessions.

Where the proposed use is to be held a substantial distance from public eating places, food-handling places or similar establishments, the applicant may be required to demonstrate that sufficient food will be available at the premises, for each day of operation, to adequately feed the number of persons expected to be in attendance.

Concessionaires must be licensed and operate under a valid Health Department permit, pursuant to local laws and ordinances and State laws. All sewage, sink waste and waste water from water closets, lavatories or sinks operated in connection with food concessions or food operations shall be disposed of to a public sewer or a sewage disposal system approved by the Health Officer and the Building Official.

Sanitation Facilities.

Every licensee may be required to provide sufficient sanitation facilities to adequately meet the needs of the number of people expected to be in attendance. The locations and number of such facilities shall be approved by the Health Officer prior to the issuance of any license under this chapter.

Where flush water closets cannot be made available for the persons in attendance at the use, the Planning Department may allow the use of portable chemical toilets. Such chemical toilets must meet the approval of the Health Officer before any license may be issued. Chemical toilets shall be emptied and recharged, at the licensee’s expense, as necessary, pursuant to procedures established by the Health Officer.

Every licensee may be required to furnish a sufficient number of trash cans to adequately meet the needs of the persons expected to be in attendance. An adequate supply of plastic bag liners, to fit the trash receptacles, shall be provided, and each container shall at all times have a plastic bag liner inserted and, when full, such bag liner shall be tied and removed and a new plastic bag liner inserted. The locations and number of such receptacles shall be approved by the Planning Department prior to the issuance of any license under this chapter. The pickup and removal of refuse, trash, garbage and rubbish shall be at least once a day, and more frequently if required. Removal of all trash and refuse shall be at the licensee’s expense.

Medical Facilities.

The applicant may be required to provide emergency medical treatment facilities on the premises of the use.

The location of such facilities, number of doctors, psychiatrists, psychologists, nurses and other aides needed to staff such facilities and the quantity of medical supplies, drugs, ambulances and other equipment that must be on the site shall be approved by the Health Officer prior to the issuance of any license under this chapter.

The Health Officer shall calculate the need for medical services, based on the number of persons expected to attend the use, their expected age groups, the duration of events planned and the possibility of exposure to inclement weather and outdoor elements. Traffic lanes and other adequate space shall be designated and kept open for access and travel of ambulances, helicopters and other emergency vehicles, to transport patients or staff to appropriate on and offsite treatment facilities.

Parking Areas. Every licensee may be required to provide adequate individual parking spaces for persons attending the use by motor vehicle. Such individual parking spaces shall be clearly marked and shall not be less than 9 feet wide and 20 feet long. The Planning Department must approve an applicant’s parking plan before a license shall be issued.

Access and Parking Control. Every licensee may be required to provide adequate ingress and egress to the use premises and parking areas therefor. Roads, driveways and entranceways may be required to ensure an orderly flow of traffic onto the premises from a highway or road which is a part of the City and County system of highways or which is a highway maintained by the State. A special accessway for fire equipment, ambulances and other emergency vehicles may be required. The Planning Department 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/her employ to ensure orderly traffic movement and relieve traffic congestion in and around the vicinity of the use area.

Hours of Operation. All uses which are subject to license under this chapter shall close and cease operation continuously between the hours of 2:00 a.m. and 6:00 a.m. of each day.

Illumination. Every licensee planning to conduct a use after dark or planning to allow persons who attend the use to remain on the premises after dark may be required to provide electrical illumination to ensure that those areas which are occupied are lighted at all times. The Planning Department must approve an applicant’s lighting plan as a prerequisite to the issuance of a license hereunder.

10.

Overnight Camping Facilities. Every licensee authorized to allow persons who attend the use to remain on the premises overnight may be required to provide camping facilities and overnight areas that meet the requirements of California Administration Code Title 25, for mobile home parks, special occupancy trailer parks and camp grounds, including travel trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas and tent camps. Such areas and facilities shall be approved by the Health Officer and Building Official prior to the issuance of any license.

11.

Bonds.

Any licensee may be called upon to post an indemnity bond or a performance bond in favor of the City in connection with the operation of a special use. Bonds required by this chapter must be approved by the City Attorney prior to the issuance of a license. An applicant may be required to submit a surety bond, written by a corporate bonding company, authorized to do business in the State by the Department of Insurance, in a penal amount determined by the City Council. Such bond shall indemnify the City, its agents, officers, servants and employees and the City Council against any and all loss, injury and damage of any nature arising out of or in any way connected with such use, and shall indemnify against loss, injury and damage to both persons and property.

Additionally, the City may demand that the applicant provide a corporate surety bond, written by a corporate bonding company, authorized to do business in the State, indemnifying the City and the owners of property adjoining the use site for any costs necessitated for cleaning up or removing debris, trash or other waste from, in and around the premises. Such bond shall be in an amount determined by the City Council.

12.

Fire Protection. Every licensee may be required to provide, at his/her own expense, adequate fire protection, as determined by the fire protection agency or agencies having jurisdiction where the event is to be conducted. If the event is located in a hazardous fire area, as defined by the City’s fire code, a suitable number of fire guards shall be employed by the licensee, which guards shall be approved by 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 responsible fire protection agency or agencies. First aid fire extinguishment equipment shall be provided as directed by the above fire protection agency or agencies.

13.

Financial Statement. Each licensee maybe required to provide a financial statement to give assurance of the ability of the promoters or applicants to meet the conditions of the permit.

14.

Communications. The licensee may be required to establish a communications system for public use, where ordinary communications are not available.

15.

Additional Requirements. Any applicant may be required to meet any other condition prior to receiving a license to conduct a special use which is reasonably calculated, as necessary, to protect the health, welfare and property of local residents and persons attending the activity.

(Prior code § 113.27)

§ 17.156.090 Denial of issuance.

The licensing officer may deny issuance of such license if he/she finds any of the following:

That the applicant fails to meet the conditions imposed by this chapter.

That the proposed use will be conducted in a manner or location not meeting the health, zoning, fire or building and safety standards established by this code or other ordinances of the City or the laws of the State.

That the applicant has knowingly made a false, misleading or fraudulent statement of material fact in the application for license or in any other document required by this chapter.

That the applicant, his or her employee, agent or any other person connected or associated with the applicant, as partner, director, officer, stockholder, associate or manager, has previously conducted a use similar to that being applied for, which conduction resulted in the creation of a public or private nuisance.

Where the application is denied, the licensing officer shall mail to the applicant written notice of such denial, which shall include a statement of the reasons for which the application was denied.

(Prior code § 113.28)

§ 17.156.100 Appeal of revocation of license.

Any licensee may file, within 15 days of revocation, a written appeal to the City Clerk concerning the revocation of his or her license. The conduct of the hearing shall be pursuant to applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code, as may be amended. The decision of the Hearing Officer shall be final.

(Prior code § 113.29; Ord. 695 10-15-19)

§ 17.156.110 Revocation of license.

The licensing officer shall have the power to revoke any license or to revoke and reinstate any license, upon suitable conditions, when one or more of the following causes exists:

The licensee fails, neglects or refuses to pay the licensing officer the fee prescribed by this chapter.

The licensee, his/her employee or agent fails, neglects or refuses to fulfill any of the conditions imposed by this chapter.

The licensee allows the special use to be conducted in a manner which violates any law or regulation established by the laws or ordinances of the City or by the laws of the State.

The licensee allows the special use to be conducted in a disorderly manner or knowingly allows any person to remain on the premises of the special use while under the influence of intoxicating liquor or any narcotic or dangerous drug.

(Prior code § 113.30; Ord. 695 10-15-19)

§ 17.156.120 Unlawful acts.

It is unlawful for any licensee, employee, agent or other person associated with such licensee to do any of the following:

Conduct or operate a special use without first procuring a license to do so.

Sell tickets to a special use without a license first having been obtained.

Operate, conduct or carry on any special use in such a manner as to create a public or private nuisance.

Exhibit, show or conduct within such place of a special use any obscene, indecent, vulgar or lewd exhibition, show, play, entertainment or exhibit, by whatever name designated.

Allow any person on the premises of a licensed special use to cause or create a disturbance in, around or near any place of the activity by offensive or disorderly conduct.

Knowingly allow any person to consume, sell or be in possession of intoxicating liquor in, around or near the place of a special use; except where such consumption or possession is expressly authorized under the terms of this chapter and under the laws of the State.

Knowingly allow any person at a licensed special use to use, sell or be in possession of any narcotic or dangerous drug while in, around or near a place of the activity.

Any of the violations enumerated above shall constitute a misdemeanor and be deemed a public nuisance.

(Prior code § 113.31)