Escondido City Zoning Code
ARTICLE 73
TEMPORARY USES, OUTDOOR DISPLAY AND SALE OF RETAIL MERCHANDISE
§ 33-1530 Purpose.
Short-term activities and events can enhance the city's lifestyle and provide benefits to area residents, businesses, and other community members through the creation of unique venues for expression, recreation, and entertainment that are not normally provided. However, the city council recognizes that short-term activities and events, if unregulated, can have an adverse effect on the public health, safety and welfare due to noise, traffic, safety, and health hazard impacts. The purpose of this article is to authorize limited and/or short-term activities or events to which public may be invited (with or without charge) and set forth reasonable regulations by establishing a process for permitting short-term activities and events. Temporary activities or events may occur indoors or outdoors, on improved or unimproved property, and may include outdoor displays, temporary outdoor sales, temporary uses, and special events. Such uses are appropriate when regulated as set out herein.
This article also encourages the economic vitality of public property, facilities, or parks; sidewalks, streets, or other areas of the public right-of-way; and developed or undeveloped private property. This article also affords increased merchandise visibility through the establishment of standards for the outdoor display of special interest retail items in an ongoing manner, and the allowance of temporary parking lot sales for other retail items as a limited special use. The safe and orderly outdoor display of merchandise can be beneficial by attracting interest, adding character, and increasing pedestrian traffic to a commercial area which can extend economic benefits to all commercial enterprises within that area.
(Ord. No. 2020-07, § 6, 5-6-20)
§ 33-1531 Definitions.
refers to the outdoor display of retail goods on a daily basis during business operating hours in a manner which is incidental to and a part of the operation of the adjacent indoor use. The merchandise would be removed at the close of business and securely stored inside the building.
refers to outdoor sales events or promotions of a limited duration and frequency. Events include, but are not limited to, weekend parking lot sales, tent sales, and seasonal or promotional events.
are activities, which by their nature are non-recurring, and are beneficial to the public for a limited and/or specific period of time.
mean the temporary use of public property, facilities, parks, sidewalks, streets, or public right-of-way as and that as defined in section 16-201 of Article 4 in Chapter 16 of this code.
(Ord. No. 2020-07, § 6, 5-6-20)
§ 33-1532 Permitted zones.
(a)
The outdoor display of retail merchandise shall be permitted as an accessory use subject to the approval of an outdoor display permit as discussed in section 33-1534 in the commercially zoned districts of the city (CG, CP, CN, and existing PD-C zones, and to the extent permitted in the South Centre City Specific Plan and East Valley Parkway Area Plan).
(b)
Temporary outdoor sales are permitted in the aforementioned zones and specific and area plans subject to the approval of a temporary use permit as discussed in section 33-1534.
(c)
Other temporary uses in various residential, commercial, and industrial zoning districts, subject to the approval of the permit required under section 33-1534.
(d)
Special events permitted in the locations as designated by Article 4 of Chapter 16.
(Ord. No. 2020-07, § 6, 5-6-20)
§ 33-1533 Permitted uses.
(a)
Outdoor display.
(1)
The following items are acceptable for outdoor display if permitted by the applicable zone in which the associated business is located.
(A)
Antiques
(B)
Artwork
(C)
Automotive supplies (gas stations only)
(D)
Bicycles
(E)
Books
(F)
China and glassware
(G)
Clothing
(H)
Crafts
(I)
Firewood
(J)
Flowers and plants
(K)
Food sales
(L)
Hardware
(M)
Gardening and landscape equipment and supplies
(N)
Jewelry
(O)
Motorcycles and scooters
(P)
Newspapers and magazines
(Q)
Sporting goods
(R)
Tires
(S)
Propane tank exchange units
(T)
Retail vending machines.
(2)
The director of community development is authorized to permit additional retail items to be displayed outdoors if it can be determined that the use is consistent with the purpose of this article.
(3)
All outdoor displays shall be subject to the issuance of an outdoor display permit. Prior to the issuance of an outdoor display permit, an application shall be submitted and approved by the planning department. Outdoor display permits shall be valid for a maximum of one year from the date of issuance; provided, that the permit shall be extended automatically for an additional year unless written notice of termination is given to the permittee no less than 30 days prior to the expiration of the permit.
(b)
Temporary outdoor sales. All retail items proposed for temporary outdoor sales will be reviewed for consistency with the purpose of this article on a case-by-case basis through the temporary use permit process as discussed in section 33-1536.
(1)
Merchandise displayed or sold must be customarily sold on the premises. All such sales shall be conducted by a business located on and conducting business within a building on the property upon which the temporary use is proposed.
(2)
All temporary outdoor sales shall be subject to the issuance of a temporary use permit. A temporary use permit can be issued for multiple events on the same site for the length of time specified under section 33-1534(c)(1) and shall be valid for no longer than one year from the date of issuance; provided, that the permit shall be extended automatically for an additional year unless written notice of termination is given to the permittee no less than 30 days prior to the expiration of the permit.
(c)
Temporary uses as permitted and regulated by this article.
(1)
The following some short-term activities and events can be approved with a temporary use permit.
(A)
Amusement, entertainment or recreation activities or events, often upon payment of a fee, or nonprofit or government entity-sponsored, including concerts, carnivals, attractions, circuses, fairs, festivals, and amusement rides.
(B)
Animal displays.
(C)
Historical re-enactments.
(D)
Special temporary seasonal sales such as Christmas trees, wreaths, pumpkin retail sales or similar sales are limited to the period of time around the holiday.
(E)
Temporary health care structures.
(F)
Temporary modular school classrooms.
(G)
Temporary structures and tents for social or religious groups for services.
(2)
Some short-term activities and events can be approved through the issuance of a special temporary use permit or agreement, as provided herein.
(A)
Community gardens with an agricultural operations permit.
(C)
Off-site staging areas or off-site storage yards with a city agreement.
(D)
Real estate model homes and/or sales offices with a model home permit/agreement.
(E)
Roadside sales of agricultural products with an agricultural operations permit, subject to section 33-1534(e).
(F)
Special events on public property as defined by Article 4 of Chapter 16 with a special event permit.
(3)
Some short-term activities and events can be authorized without additional or special zoning clearances (i.e. otherwise exempt from needing a temporary use permit or special temporary use permit or agreement).
(A)
Activities of an organization which is receiving governmental grant funds to be used for public or community purposes when holding an event less than three days in duration for the purpose of raising funds to supplement the governmental grant funds and to support the public or community purpose for which the grant funds were received.
(B)
City, state, federal, school district, community college district or other public agencies' event when conducted wholly on that agency's public property or with the consent of another public property owner and which will not require public road closures or significantly impact on traffic on adjacent public streets.
(C)
Garage or yard sales conducted at the same residential location more than four times per year, subject to section 16-116 of Article 2 in Chapter 16 of the Municipal Code.
(D)
Groundbreaking, ribbon-cutting, or similar initiation event for an active or completed construction project for not more than one day conducted wholly on the same site as the project.
(E)
Homeowners association events for not more than one day conducted wholly in common areas within the boundaries of the association and which do not impact public streets or other public facilities.
(F)
On-site staging of construction equipment or trailers necessary for a specific aspect of a construction project. On-site storage yards shall screen storage of construction equipment, vehicles, and/or excavated materials to the extent practicable for the duration of the construction project, not to exceed 15 calendar days before project commencement and 15 days after task completion. A copy of the active construction permit, or permit number, is required.
(G)
Outdoor fire sales (duration not to exceed three calendar days) for a business with an active business license, for the site where the fire occurred.
(H)
Portable on-site storage and cargo containers, subject to Article 36.
(I)
Temporary dumpsters for the sole purpose of collecting and removing refuse or excavated material generated from the same property of the dumpster location, associated with an active grading or building permit. A copy of the active construction permit, or current permit number, is required.
(4)
Other temporary uses that are not specifically listed in the zoning code. The director of community development at his/her discretion may determine whether such use should be authorized and regulated by this section. This determination shall be based on the similarities and differences with those listed uses and an assessment of the proposed temporary use's compatibility with the zoning district and the surrounding land uses. Those uses and activities which do not fit within the criteria for a temporary use permit shall be addressed through a plot plan, minor conditional use permit, or other type of permit identified by the Zoning Code; or be expressively prohibited as an authorized land use activity.
(5)
Approval of any type of permit addressed within this article that authorizes a temporary use for a specific time period does not waive the permit holder from obtaining other city, state, or federal permits or licenses, which may also be required as determined by the appropriate regulatory agency.
(Ord. No. 2020-07, § 6, 5-6-20)
§ 33-1534 Development standards.
All short-term activities, events, and outdoor displays of retail merchandise and temporary outdoor sales shall be subject to the following development standards:
(a)
Outdoor displays on private property.
(1)
The outdoor display area shall not extend beyond the actual frontage of the associated commercial use. Displays shall be identical and accessory to items sold indoors. Displays shall be temporary and removed at the end of each business day. A display/use may, on a case-by-case basis, be displayed permanently outdoors, as determined by the director. The director may refer a request for a permanent display to the planning commission for review and comment.
(2)
Parking lot circulation and all required parking spaces shall remain unobstructed at all times. Private sidewalks, courtyards, or entry areas may be utilized for display provided a minimum four foot wide pedestrian area remains clear and unobstructed and all fire, building and handicapped access requirements are met. See subsection (b) of this section for clearance requirements for displays within the right-of-way.
(3)
All displays shall be located in such a manner so that vehicular sight distance is not impeded to the satisfaction of the engineering department.
(4)
Display and sale of merchandise is permitted only by the tenant of an existing commercial development on the same site. Outdoor displays are not permitted on vacant property.
(5)
No sales or display of merchandise from cars, trucks, or any other vehicle is permitted. Vending from pushcarts may be permitted subject to compliance with all development standards in this section. Specialized food sales from pushcarts either on private property or within the public right-of-way shall be subject to applicable code requirements.
(6)
All signage associated with an outdoor display shall be as approved pursuant to an outdoor display permit and shall be limited to a maximum of four square feet per commercial tenant.
(7)
All displays shall be located within hardscape areas. No merchandise may be displayed in any landscaped area, or be situated in such a manner as to be detrimental to any existing landscaping on the site.
(8)
All food sales shall be correlated with food that is customarily sold on the same premises and be conducted in compliance with health department regulations.
(9)
All exterior lighting utilized in conjunction with outdoor displays, or temporary events approved with a temporary use permit, shall conform to the requirements of Article 35, Outdoor Lighting.
(10)
No electricity shall be utilized, nor any noise generated by an outdoor display.
(b)
Outdoor displays within the public right-of-way.
(1)
Display of merchandise within the public right-of-way is permissible only within the downtown retail core district subject to approval of an encroachment permit (an approved copy must be submitted concurrently with the application for an outdoor display permit), proof of insurance, and compliance with all development standards in this section.
(A)
Proof of insurance can be satisfied by documentation of an insurance policy issued by an insurance company licensed to do business in the State of California, protecting the licensee and the city from all claims for damages to properly and bodily injury, including death, which may arise from operations in connection with the display activity. Such insurance shall name as additionally insured the city for an amount of $300,000 or more and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the city.
(B)
The merchandise display shall be permitted only within the four feet of public right-of-way nearest the property line, and parallel to the curb in front of the business to which it pertains. The merchandise display shall be limited to 50% of the lineal length of the associated commercial frontage or 60 square feet whichever is less.
(C)
In front of the displayed merchandise there shall be at all times a minimum four foot wide sidewalk area clear of any obstructions and in conformance with all fire, building and handicapped access requirements.
(D)
The merchandise is not permitted within any landscaped area of the right-of-way.
(E)
All merchandise shall be located in such a way that it does not block the sight distance of the streets to the satisfaction of the engineering department. Any merchandise found obstructing the sight distance will be subject to removal by the city and the encroachment permit canceled.
(F)
All merchandise items and displays should have no sharp edges or corners.
(G)
The city also reserves the right to remove merchandise which causes any interference with vehicular traffic or pedestrian traffic, or in the event of any emergency situation or if the merchandise interferes with any work that is to be performed upon the street by or on the behalf of the city or a public utility.
(H)
All merchandise and display racks shall be removed from the public right-of-way at the end of business hours.
(2)
No sales or display of merchandise from cars, trucks, or any other vehicle is permitted. Vending from pushcarts may be permitted subject to compliance with all development standards in this section. Specialized food sales from pushcarts either on private property or within the public right-of-way shall be subject to applicable code requirements.
(3)
All signage associated with an outdoor display within the public right-of-way shall be as approved pursuant to an outdoor display permit and shall be limited to a maximum of two square feet per commercial tenant.
(4)
All displays shall be located within hardscape areas. No merchandise may be displayed in any landscaped area, or be situated in such a manner as to be detrimental to any existing landscaping on the site.
(5)
All food sales shall be conducted in compliance with health department regulations.
(6)
All exterior lighting utilized in conjunction with outdoor displays shall conform to the requirements of Article 35, Outdoor Lighting.
(7)
No electricity shall be utilized, nor any noise generated by an outdoor display.
(c)
General development standards for other temporary uses and outdoor sales.
(1)
Short short-term activities and sales events at any one location or commercial center shall not exceed three calendar days during any three month period and are subject to the issuance of a temporary use permit.
(2)
Some short-term activities of the type as described herein will be allowed to recur on a property for longer than that provided in subsection (c)(1):
(A)
Amusement, entertainment, or recreation activities and events for up to 10 calendar days within a six month period.
(B)
Community gardens, for the duration as stated on the agricultural operations permit.
(C)
Donation bins in commercial zoning districts, excluding specific plan areas, for the duration as stated on the administrative permit.
(D)
Off-site staging areas, for the duration as stated on the off-site staging area agreement/permit.
(E)
Real estate model homes and/or sales offices, for the duration as stated on the model home permit.
(F)
Roadside sales of agricultural products in residential zoning districts for up to forty-five (45) days within a three month period in the residential zoning districts, pursuant to section 33-1534(e).
(i)
Exception in R-A and R-E Zones. Pursuant to Article 6 of the Zoning Code, roadside sales are a permitted as an accessory use in the R-A and R-E Zones. As such, sales may be continued beyond the 45 day limitation on the parcel of land on which such produce is grown in the R-A and R-E Zones. Such authorization shall be made by approval of an agricultural operations permit and design review permit provided that the principal use of said parcel is agricultural or plotted for community gardening and the use is consistent with the terms and limitations of Section 33-1534(e).
(G)
Special temporary seasonal sales for up to 45 days within a three month period.
(H)
Temporary health care structures for up to 60 days within a 12 month period only by the tenant of an existing commercial development on the same site.
(I)
Temporary modular school classrooms for 60 days within a 12 month period as a temporary use. A time extension may be provided through the approval of a Plot Plan or Conditional Use Permit (based on the use allowance of the underlying zoning district).
(J)
Temporary structures and tents for social or religious groups for services for up to 10 days within a six month period.
(3)
Location of each event shall be restricted to private property only and shall not adversely impact parking lot circulation. Events shall not be permitted within parking areas containing less than 20 spaces. A maximum of 20% of the required parking spaces for the sponsoring business, or 5% of the spaces within a commercial center containing multiple tenants may be utilized for the display and sale of merchandise. No encroachment into the public right-of-way shall be permitted.
(4)
Any structure used in conjunction with a sales event shall be subject to all building, engineering, and fire department requirements.
(5)
All merchandise and/or temporary structures shall be set back a minimum of five feet from any public right-of-way or driveway.
(6)
All exterior lighting utilized in conjunction with a temporary sales event shall conform to the requirements of Article 35, Outdoor Lighting.
(7)
All food sales shall be conducted in compliance with health department regulations.
(A)
Through the approval and issuance of a temporary use permit, some amusement, entertainment, or recreation attractions or events; and/or special temporary seasonal sales events may accommodate a food truck or mobile food facility as defined by Article 7 of Chapter 16 of the Municipal Code. If the mobile food facility is authorized by this section, the mobile food facility must be parked in a legal parking space, or other area subject to approval of the director, and must not occupy the premises past 10:00 p.m. Not more than one mobile food facility and one operator is permitted to park on the premises, for the duration of time authorized by this section and for the period of time provided by the permit. Any mobile food facility or mobile food facility operation or activity not exercised within the days and duration specified on an approved temporary use permit shall automatically forfeit the time, day, and duration not utilized and/or become void.
(8)
All businesses participating in a temporary outdoor sales event must have a valid City of Escondido business license to conduct business at the site of the event. Each participating business or entity shall be listed on the permit application prior to approval of the permit.
(9)
All noise/sound generated by a temporary outdoor sales event shall conform to the noise level limits established in the noise ordinance (Ord. No. 90-08) for commercial zones. If an event is located adjacent to a residential zone, all noise generated shall conform to the noise level limits of the affected residential zone.
(10)
Signs for temporary outdoor sales are permitted provided adequate detail is shown on the temporary use permit application to determine that the following standards are met:
(A)
Signs shall be limited to flags, pennants and streamers, banners, or other similar devices.
(B)
Large inflatable displays must be ground-mounted and may not exceed 30 feet in height.
(C)
One banner is allowed for each street frontage and each banner shall not exceed 60 square feet in area.
(D)
No event signage (of any type) may be displayed on or attached to any public property including telephone or utility poles, traffic control signs or devices, street lights or other structures located on public property without the express written consent of the City of Escondido.
(E)
No signage of any type shall interfere with or restrict vehicular or pedestrian access or visibility.
(d)
Outdoor retail vending machines. Outdoor retail vending machines are allowed in all commercial zones subject to the following standards:
(1)
Retail vending machines shall not sell, store, or dispense anything other than the commercial products, merchandise, food or beverages permitted by the underlying zone or authorized by the Escondido Municipal Code.
(2)
Retail vending activities may be established only in conjunction with an otherwise allowed and authorized principal land use activity and may not exceed a maximum of two machines per site or occupy not more than 20 feet of the wall facing the street or access drive.
(3)
Retail vending machines shall be located along the face of a building or flush against a structure designed to accommodate them and be located on the site in a manner which will ensure compatibility with surrounding uses. The machine(s) shall not be within 10 feet of an entranceway to any business open to the public nor block any store window.
(4)
All machines shall be visible in well-lit areas from access drives or public streets and be maintained in a litter free condition.
(5)
Retail vending machines shall not obstruct private pedestrian walkways. A minimum four-foot-wide pedestrian area remains clear and unobstructed and all fire, building and handicapped access requirements shall be kept clear of obstructions, or more if pedestrian traffic volume warrants.
(6)
Retail vending machines are not allowed on public sidewalks, alleys, drive-aisles, or within the public right-of-way.
(7)
The business owner or operator of said principal land use activity is responsible for the accessibility, maintenance, appearance, and safety in regards to retail vending.
(8)
Business owner or operator shall not utilize or permit the utilization of any device which produces loud noise, or use and operate any loudspeaker, public address system, radio, sound amplifier, or similar noise creating device to attract the attention of the public, subject to the noise restrictions of the underlying zone.
(e)
Roadside Sales of Agricultural Products. Operation of a stand, by the owner/occupant of the premises, for the display and sale of agricultural products primarily produced on the premises. This category includes flower sales (non-mobile), vendor stands (non-mobile), and seasonal sales of agricultural products for limited periods of time, which at no time may be conducted in the public right-of-way. All roadside sales of agricultural products covered by this article shall be submitted on an agricultural operations permit application form obtained from the planning division and shall be accompanied by a nonrefundable fee.
(1)
Location and size requirements.
(A)
In the R-A and R-E Zones, the ground coverage of the stand shall not exceed 300 square feet, and it shall be set back from the street or highway right-of-way line a distance of at least 20 feet.
(B)
The stand shall not exceed an area of 200 square feet in the R-1, R-2, R-3, R-4, and R-5 Zones. The stand shall not be closer than 24 feet to any street or highway.
(Ord. No. 2020-07, § 6, 5-6-20; Ord. No. 2023-06, § 3, 3-8-23)
§ 33-1536 Application and determination.
(a)
All permit applications covered by this article shall be submitted to the planning department in a form provided by the planning department. The application form and content required may be modified as determined by the director for a recurring type of application request so that the permit can be renewed by providing the same documentation as done with the original permit issuance.
(1)
Fee. A nonrefundable fee, as set forth in the schedule of service costs approved by city council resolution, reasonably calculated to reimburse the city for its reasonable and necessary costs in receiving, processing, and reviewing applications for permits to hold a short-term activity or event must be paid to the City of Escondido when an application is filed.
(A)
If the application includes the use of any city facility and/or property, or if any city services are required for the special event, the applicant must file a special event permit in accordance with agree to pay for the services in accordance with a schedule of service costs approved by city council resolution.
(B)
Third party fee. If the permittee provides for or allows third party vendors to participate in the special event, the permittee shall pay an additional nonrefundable fee, as set forth in the schedule of service costs approved by city council resolution, reasonably calculated to reimburse the city for its actual and necessary costs in receiving, processing and reviewing the application that includes third party vendors. The amount of the additional fee shall be established by resolution of the city council and shall be based on whether the application is for a major or minor event.
(b)
City staff shall review outdoor display permit and temporary use permit applications, or and any other permit prescribed by this article, for planning and zoning compliance.
(c)
Applications for outdoor display permits and temporary use permits, or any other permit prescribed by this article, shall be made at least 30 days in advance of the event. Within 20 days from the submittal of a complete application, staff may approve, conditionally approve or deny the proposed application. Any aggrieved party may appeal a decision of the staff to the planning commission using the provisions outlined in Division 6 of Article 61 of this chapter.
(1)
The city shall require evidence that all related permits and approvals, such as fire prevention, health and sanitation, police, animal regulations, and business licenses, have been obtained for each outdoor display and temporary use permit or any other permit prescribed by this article. Under the authority of the California Health and Safety Code, the County of San Diego Environmental Health Department has the responsibility to regulate the selling of food.
(2)
The application shall be accompanied by:
(A)
A map showing the area on which the event will be conducted.
(B)
A description of the event for which the permit is requested.
(C)
The name(s) of the organization or business and principals within the organization or business applying for the permit.
(D)
An estimate of the number of persons who will attend, all vendors who are anticipated to operate at the event, and a description of hours, noise, security, trash collection and disposal, occupant loads, lighting, sanitary facilities, traffic control, dust control, and/or other related concerns that are correlated with the proposed use.
(E)
Such additional information as may be required by the director to determine whether the event will be compatible with the surrounding uses, satisfy applicable laws, and to be consistent with the public health, safety, and welfare.
(F)
Written assurance that all conditions of the permit shall be complied with, and that in the event the permittee fails to perform any obligation covered by the conditions or terms and limitations of this ordinance, the owner of the property shall perform such obligations upon notice of violation. Property owner and permittee are subject to enforcement and citation, subject to section 33-1537.
(3)
The city may require building and/or engineering design of the temporary buildings, certification of the structure, mechanical, electrical, and other equipment and devices.
(4)
The police chief may determine whether and to what extent additional police protection, civilian traffic control personnel, private security and volunteer staff are reasonably necessary to ensure traffic control and public safety for the short-term activity, event, outdoor display and temporary use. The police chief will base this decision on the size, location, duration, time and date of the permitted use, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked off from use by the public, and the need to detour or preempt pedestrian and vehicular travel from the use of public streets and sidewalks. The police chief shall provide an estimate of the cost of extraordinary city services and equipment required in writing, if police protection and/or other emergency and safety services or equipment is deemed necessary for the permitted use. The applicant will be billed for services after the event.
(d)
Appeal. Appeals from the decision of the director shall be made pursuant to Article 61. The decision of city staff, or on appeal the planning commission, to grant an outdoor display permit or a temporary use permit or other permit prescribed by this article shall be made based on the following finding:
(1)
The proposed short-term activity, event, or outdoor display or temporary outdoor sales event conforms with all development standards for said events and will not negatively impact adjacent commercial or residential areas.
(2)
The nature of the proposed use is not detrimental to the public health, safety, or welfare of the community.
(e)
Conditions. Failure to comply with the following requirements and conditions shall be cause for revocation of the permit and enforcement under this chapter.
(1)
Any permit prescribed by this article not exercised within the duration specified or withdrawn by the applicant shall automatically become void.
(2)
Expiration. Each valid permit, unless earlier revoked, shall expire and become null and void at the time specified in the permit. An extension of outdoor display permits and temporary use permits or any other permit prescribed by this article cannot be granted; a new use for a different timeframe requires a new application. If the use is discontinued or abandoned, the site must be cleaned up within seven calendar days of the discontinuance or abandonment.
(3)
Transfer. No permit shall be transferrable to another location or to another permittee.
(4)
Posting. The permit (along with any other required permits) shall be posted on the premises where the event is conducted and/or a copy of the permit must be in the possession of the person responsible for the event at all times while it is occurring.
(5)
Permittee agrees to waive and release the City of Escondido and its officers, agents, employees and volunteers from and against any and all claims, costs, liabilities, expenses or judgments including attorney's fees and court costs arising out of the activities of this temporary use or event or any illness or injury resulting therefrom, and hereby agree to indemnify and hold harmless the City of Escondido from and against any and all such claims, whether caused by negligence or otherwise, except for illness and injury resulting directly from gross negligence or willful misconduct on the part of the city or its employees.
(6)
The director may attach whatever additional conditions and limitations necessary to protect public health, safety, and welfare that the director determines are reasonably required and roughly proportionate to the proposed use, activity, or event in order to make the finding that the characteristics of such are compatible with the uses in the surrounding area. Such conditions may include, but not be limited to, items that address the following topic areas: hours, noise, security, trash collection and disposal, occupant loads, lighting, sanitary facilities, traffic control, dust control, and/or other related concerns.
(Ord. No. 2020-07, § 6, 5-6-20)
§ 33-1537 Violations.
(a)
Any person, firm or corporation violating any of the provisions of this article, or disregarding any condition or term imposed by the planning department, or on appeal, the planning commission, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $1,000 or imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Each separate offense, or each day on which an ongoing offense is committed shall be a separate violation. Any violation as described in this section shall be subject to immediate revocation of the permit to display outdoors or conduct a temporary outdoor sales event.
(b)
The police chief may revoke a special event permit without prior notice upon violation of the permit or when a public emergency arises where the police resources required for that emergency are so great that deployment of police services for the special event would have an immediate and adverse effect upon the health, safety, and welfare of persons or property. Written notice of the revocation setting forth the reasons therefor, shall be hand delivered or mailed to the applicant at the address provided on the application
(c)
Reinstatement. When a permit has been revoked, it may not be reinstated. A new Temporary Use Permit application for the same activity shall not be approved until the causes of revocation have been corrected and all costs incurred by the city have been paid as estimated by the building official.
(Ord. No. 2020-07, § 6, 5-6-20)