250.- TEMPORARY EVENTS3
Editor's note—Ord. No. 2018-05, § 5, adopted April 19, 2018, amended Chapter 9.250 in its entirety to read as herein set out. Former Chapter 9.250, §§ 9.25.010—9.250.060, pertained to similar subject matter, and derived from original Code material.
This chapter provides a process for reviewing proposed temporary events and establishes provisions to regulate and control, in a content neutral manner, such events to ensure that basic health, safety, and community welfare standards are met.
(Ord. No. 2018-05, § 5, 4-19-2018)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Established facility means an existing, legally permitted facility that is designed and constructed to accommodate temporary events.
Temporary event means an event or activity held either indoors or outdoors, for a limited number of days, to which the public is invited, with or without charge.
(Ord. No. 2018-05, § 5, 4-19-2018)
A.
Permit application. An application for a site development permit shall be made to the Community Development Director in accordance with Section 9.240.330 for all temporary events listed in Section 9.250.050.
B.
Events exempt from permit requirements. The following temporary events shall not be required to apply for, and obtain approval of, a site development permit prior to commencement of the temporary event:
(1)
Events that occur in an established facility, such as a meeting hall, theater, or other permanent indoor or outdoor public assembly facility;
(2)
Promotional activities related to the primary product lines of a retail business, which are contained entirely within the structure of the commercial use, and do not encroach outside into the parking lot or public right-of-way, including, without limitation, book readings and signings at book stores, and opening receptions at art galleries;
(3)
Public agency events conducted at, in, or upon public facilities, indoors or outdoors;
(4)
Seasonal sales events when the sales are on the site of an established commercial business holding a valid city business registration and the activities and sales are contained entirely within the structure of the commercial use, and do not encroach outside into the parking lot or public right-of-way;
(5)
Emergency public health and safety activities.
(Ord. No. 2018-05, § 5, 4-19-2018; Ord. No. 2021-09, § 4, 4-15-2021)
A.
Application. An application for a site development permit required under Section 9.250.030 shall be made to the Community Development Director at least sixty (60) days before the event. All the procedural provisions of Section 9.240.330 shall apply to the application, except as provided in Section 3.250.040, and excluding the requirements set forth in subsections 9.240.330(3), 9.240.330(5), and 9.240.330(6). In addition to the information required in subection 9.240.330(2)(a), the application shall include the following:
(1)
A written description of the temporary event that includes:
(a)
Event details, including location, date(s) and time(s);
(b)
Details of the temporary structures and signs (total number, type, and size);
(c)
Equipment that would be used at the event; and
(d)
Mitigation for potential impacts (noise, dust, lighting, etc.).
(2)
A site plan drawn to scale showing access, circulation, parking, temporary structures, and temporary signs.
B.
Requirements for approval. No site development permit for a temporary event shall be approved unless it complies with all of the following standards:
(1)
The temporary event is permitted under Section 9.250.050 and satisfies the general standards set forth in Section 9.250.060.
(2)
There is no pending code enforcement action against the site on which the proposed temporary event will occur.
(3)
An access and parking plan have been approved by the Public Works Director.
(4)
A fire protection plan has been approved by the County Fire Marshal.
(5)
A security operations plan has been approved by the Riverside County Sheriff.
(6)
An emergency medical services plan has been approved by the Director of the Riverside County Department of Environmental Health.
(7)
A sewage disposal, potable water, and food service operation plan has been approved by the Director of the Riverside County Department of Environmental Health.
(8)
A noise, dust, and lighting mitigation plan has been approved by the Planning Department.
C.
Appeals.
(1)
Initial appeal. An applicant or any interested person may appeal the decision of the Community Development Director to the Planning Commission within ten (10) days of the date of the decision. The appeal shall be made on the forms provided by the Planning Department and shall be accompanied by the applicable filing fee set forth in Chapter 3.65. Upon receipt of a completed appeal form, the city Clerk shall set the matter of the appeal for hearing before the Planning Commission not less than five (5) nor more than thirty (30) days thereafter and shall give written notice of the hearing to the appellant and the Community Development Director. The Planning Commission shall render its decision within thirty (30) days following the close of the appeal hearing.
(2)
Appeal from the Planning Commission. An appeal of the Planning Commission decision to the City Council shall be filed and processed pursuant to Section 9.05.100 and subject to the provisions of Section 9.05.110.
(Ord. No. 2018-05, § 5, 4-19-2018; Ord. No. 2019-05, § 12, 2-21-2019; Ord. No. 2021-09, § 4, 4-15-2021)
The following temporary events may be allowed, subject to site development permit approval in accordance with Section 9.240.330 and the standards set forth in Section 9.250.060:
(1)
Outdoor events. The following outdoor events may be allowed:
(a)
Entertainment and assembly events for up to seven (7) days with a maximum frequency per applicant of four (4) per year. Outdoor entertainment and assembly events include carnivals, circuses, concerts, cultural or art exhibits, fairs, festivals, flea markets, food events, fund-raisers, live entertainment, parades, outdoor sporting events, public relations activities, rodeos, rummage sales, second hand sales, stage or theatrical shows, vehicle sales, shows or races, animal sales, shows or races, heavy equipment auctions, tent revival meetings and other similar events designed to attract large crowds and which are held on private or public property. Outdoor entertainment and assembly events shall not include farmers' markets, which shall be regulated pursuant to the requirements of Section 9.240.520.
(b)
Outdoor display or exhibit events for up to seven (7) days with a maximum frequency per applicant of four (4) per year. Outdoor display or exhibit events include art, cultural, and educational displays, and arts and crafts exhibits on non-residential properties, when not a part of the established primary use of the site.
(c)
Outdoor sales events for up to three (3) days, or four (4) days if a national holiday is one (1) of the sale days, with a maximum frequency per applicant of four (4) per year. Outdoor sales events shall be related to an existing business with temporary outdoor sale of merchandise in a commercial or industrial zoning district, and shall be in compliance with the following provisions:
(i)
The merchandise displayed shall be that customarily sold on the site;
(ii)
The site is utilized by a permanently established business holding a valid business registration;
(iii)
Sidewalks have a five-foot minimum clear path free of obstructions at all times; and
(iv)
All products and advertising shall be limited to the area directly in front of the sponsoring vendor.
(d)
Seasonal sales events for up to forty (40) days per event with a maximum frequency per applicant of three (3) per year. Seasonal sales events include Christmas tree sales, pumpkin sales, or other similar seasonal material sales. Seasonal sales events that include sales on the site of an established commercial business holding a valid city business registration, and during which the activities and sales are contained entirely within the structure of the commercial use and do not encroach outside into the parking lot or public right-of-way, shall not be required to apply for, and obtain approval of, a site development permit prior to commencement of the seasonal sales event pursuant to subsection 9.250.030(B)(2). Seasonal sales events shall comply with the following provisions:
(i)
The seasonal sales events are located on non-residential properties and undeveloped residential properties on arterial streets; and
(ii)
Use of straw or hay is permitted for decoration purposes provided the following requirements are met:
a.
All entrances shall have "NO SMOKING" signs posted, with a minimum letter size of six (6) inches high; and
b.
No open flame devices, such as kerosene heaters, may be used in display areas or sales booths.
(2)
Special events on private property. Special events on private property may be allowed for up to one (1) day with a maximum frequency per site of eight (8) per year. A special event on private property includes an activity that is normally limited or prohibited by a discretionary permit or license granted on the site, including animal demonstrations or rides, amplified music, special effects, special lighting, tents, and other similar event or activity on private property. Any activity for which a temporary event permit is issued shall meet the noise regulations identified in subsection K. of Section 9.250.060.
(3)
Similar temporary events. Any use that is not specifically listed in subsections (1) and (2) of this section may be considered a permitted temporary event subject to approval of a site development permit provided that the Community Development Director finds that the proposed temporary event is substantially the same in character and intensity as those listed in subsections (1) and (2) of this section, and is compatible with the zoning district and surrounding land uses.
(Ord. No. 2018-05, § 5, 4-19-2018; Ord. No. 2021-09, § 4, 4-15-2021)
All temporary events shall comply with the following standards:
(1)
The property contains sufficient space to support the temporary event.
(2)
Parking has been deemed adequate to accommodate the proposed temporary event in addition to any required parking for any permanent use(s) also located on the site.
(3)
The temporary event will not create hazardous vehicular or pedestrian traffic conditions, and adequate space is provided for access and maneuvering.
(4)
Adequate sanitary facilities, utilities, drainage, refuse management, and similar necessary facilities and services will be available to serve patrons, employees, and participants.
(5)
Temporary events are allowed to encroach within required building setbacks, but cannot encroach into the right-of-way or be located within street tree planters or other required landscaped areas. Temporary structures must comply with the minimum setback requirements of the zone within which the structures are located.
(6)
No driveways or fire protection equipment shall be blocked.
(7)
A minimum ten (10) foot separation from buildings shall be maintained.
(8)
All dry combustible debris and weeds shall be cleared from the site prior to use.
(9)
The site shall be cleared of all debris within twenty-four (24) hours after the closing of the temporary event, and cleared of all unsold materials, temporary structures and equipment, and all items used for the temporary event within seven (7) days after the closing of the temporary event.
(10)
Any activity for which a temporary event permit is issued shall not be allowed to operate between the hours of 2:00 a.m. and 6:00 a.m. in commercial and industrial zones, and between the hours of 10:00 p.m. and 7:00 a.m. in any zone where a residential use is permitted.
(11)
No activity for which a temporary event permit is issued shall create any sound, or allow the creation of any sound, on any property that causes the exterior sound level on any other occupied property to exceed the sound level standards set forth in Table 1 of Section 11.05.040, or that violates the special sound source standards set forth in Section 11.05.060.
(12)
The temporary event shall comply with all other applicable requirements of the Jurupa Valley Municipal Code.
(13)
Temporary signs and advertisements shall be reviewed in connection with the site development permit for a temporary event.
(14)
If alcohol is intended to be used, sold, or consumed during the event, a license from the State of California Department of Alcoholic Beverage Control (ABC) must be obtained.
(15)
It shall be the responsibility of the organizer of the temporary event to maintain the site of the temporary event in a condition that provides for the health, safety, and welfare of event attendees, neighboring residents, property owners, and the public. In the event that the Riverside County Sheriff determines that a temporary event is a threat to the public health, safety, and welfare, the Riverside County Sheriff may close the temporary event to ensure the preservation of the health, safety, and general welfare of attendees, neighboring residents, property owners, or the public.
(Ord. No. 2018-05, § 5, 4-19-2018)
The Community Development Director may require an applicant for a temporary event permit to post a bond or to otherwise financially secure that the temporary event location is restored to its original condition and that the city is fully reimbursed for any unanticipated law enforcement or emergency medical expenses. The Community Development Director shall determine the amount of the bond or other security and the applicant shall post it with the Community Development Director. The Community Development Director may also require an applicant for a site development permit for a temporary event to obtain indemnity or liability insurance naming the city as the insured.
(Ord. No. 2018-05, § 5, 4-19-2018; Ord. No. 2021-09, § 4, 4-15-2021)
A site development permit for a temporary event may be revoked pursuant to and in accordance with Section 9.240.340.
(Ord. No. 2018-05, § 5, 4-19-2018)
250.- TEMPORARY EVENTS3
Editor's note—Ord. No. 2018-05, § 5, adopted April 19, 2018, amended Chapter 9.250 in its entirety to read as herein set out. Former Chapter 9.250, §§ 9.25.010—9.250.060, pertained to similar subject matter, and derived from original Code material.
This chapter provides a process for reviewing proposed temporary events and establishes provisions to regulate and control, in a content neutral manner, such events to ensure that basic health, safety, and community welfare standards are met.
(Ord. No. 2018-05, § 5, 4-19-2018)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Established facility means an existing, legally permitted facility that is designed and constructed to accommodate temporary events.
Temporary event means an event or activity held either indoors or outdoors, for a limited number of days, to which the public is invited, with or without charge.
(Ord. No. 2018-05, § 5, 4-19-2018)
A.
Permit application. An application for a site development permit shall be made to the Community Development Director in accordance with Section 9.240.330 for all temporary events listed in Section 9.250.050.
B.
Events exempt from permit requirements. The following temporary events shall not be required to apply for, and obtain approval of, a site development permit prior to commencement of the temporary event:
(1)
Events that occur in an established facility, such as a meeting hall, theater, or other permanent indoor or outdoor public assembly facility;
(2)
Promotional activities related to the primary product lines of a retail business, which are contained entirely within the structure of the commercial use, and do not encroach outside into the parking lot or public right-of-way, including, without limitation, book readings and signings at book stores, and opening receptions at art galleries;
(3)
Public agency events conducted at, in, or upon public facilities, indoors or outdoors;
(4)
Seasonal sales events when the sales are on the site of an established commercial business holding a valid city business registration and the activities and sales are contained entirely within the structure of the commercial use, and do not encroach outside into the parking lot or public right-of-way;
(5)
Emergency public health and safety activities.
(Ord. No. 2018-05, § 5, 4-19-2018; Ord. No. 2021-09, § 4, 4-15-2021)
A.
Application. An application for a site development permit required under Section 9.250.030 shall be made to the Community Development Director at least sixty (60) days before the event. All the procedural provisions of Section 9.240.330 shall apply to the application, except as provided in Section 3.250.040, and excluding the requirements set forth in subsections 9.240.330(3), 9.240.330(5), and 9.240.330(6). In addition to the information required in subection 9.240.330(2)(a), the application shall include the following:
(1)
A written description of the temporary event that includes:
(a)
Event details, including location, date(s) and time(s);
(b)
Details of the temporary structures and signs (total number, type, and size);
(c)
Equipment that would be used at the event; and
(d)
Mitigation for potential impacts (noise, dust, lighting, etc.).
(2)
A site plan drawn to scale showing access, circulation, parking, temporary structures, and temporary signs.
B.
Requirements for approval. No site development permit for a temporary event shall be approved unless it complies with all of the following standards:
(1)
The temporary event is permitted under Section 9.250.050 and satisfies the general standards set forth in Section 9.250.060.
(2)
There is no pending code enforcement action against the site on which the proposed temporary event will occur.
(3)
An access and parking plan have been approved by the Public Works Director.
(4)
A fire protection plan has been approved by the County Fire Marshal.
(5)
A security operations plan has been approved by the Riverside County Sheriff.
(6)
An emergency medical services plan has been approved by the Director of the Riverside County Department of Environmental Health.
(7)
A sewage disposal, potable water, and food service operation plan has been approved by the Director of the Riverside County Department of Environmental Health.
(8)
A noise, dust, and lighting mitigation plan has been approved by the Planning Department.
C.
Appeals.
(1)
Initial appeal. An applicant or any interested person may appeal the decision of the Community Development Director to the Planning Commission within ten (10) days of the date of the decision. The appeal shall be made on the forms provided by the Planning Department and shall be accompanied by the applicable filing fee set forth in Chapter 3.65. Upon receipt of a completed appeal form, the city Clerk shall set the matter of the appeal for hearing before the Planning Commission not less than five (5) nor more than thirty (30) days thereafter and shall give written notice of the hearing to the appellant and the Community Development Director. The Planning Commission shall render its decision within thirty (30) days following the close of the appeal hearing.
(2)
Appeal from the Planning Commission. An appeal of the Planning Commission decision to the City Council shall be filed and processed pursuant to Section 9.05.100 and subject to the provisions of Section 9.05.110.
(Ord. No. 2018-05, § 5, 4-19-2018; Ord. No. 2019-05, § 12, 2-21-2019; Ord. No. 2021-09, § 4, 4-15-2021)
The following temporary events may be allowed, subject to site development permit approval in accordance with Section 9.240.330 and the standards set forth in Section 9.250.060:
(1)
Outdoor events. The following outdoor events may be allowed:
(a)
Entertainment and assembly events for up to seven (7) days with a maximum frequency per applicant of four (4) per year. Outdoor entertainment and assembly events include carnivals, circuses, concerts, cultural or art exhibits, fairs, festivals, flea markets, food events, fund-raisers, live entertainment, parades, outdoor sporting events, public relations activities, rodeos, rummage sales, second hand sales, stage or theatrical shows, vehicle sales, shows or races, animal sales, shows or races, heavy equipment auctions, tent revival meetings and other similar events designed to attract large crowds and which are held on private or public property. Outdoor entertainment and assembly events shall not include farmers' markets, which shall be regulated pursuant to the requirements of Section 9.240.520.
(b)
Outdoor display or exhibit events for up to seven (7) days with a maximum frequency per applicant of four (4) per year. Outdoor display or exhibit events include art, cultural, and educational displays, and arts and crafts exhibits on non-residential properties, when not a part of the established primary use of the site.
(c)
Outdoor sales events for up to three (3) days, or four (4) days if a national holiday is one (1) of the sale days, with a maximum frequency per applicant of four (4) per year. Outdoor sales events shall be related to an existing business with temporary outdoor sale of merchandise in a commercial or industrial zoning district, and shall be in compliance with the following provisions:
(i)
The merchandise displayed shall be that customarily sold on the site;
(ii)
The site is utilized by a permanently established business holding a valid business registration;
(iii)
Sidewalks have a five-foot minimum clear path free of obstructions at all times; and
(iv)
All products and advertising shall be limited to the area directly in front of the sponsoring vendor.
(d)
Seasonal sales events for up to forty (40) days per event with a maximum frequency per applicant of three (3) per year. Seasonal sales events include Christmas tree sales, pumpkin sales, or other similar seasonal material sales. Seasonal sales events that include sales on the site of an established commercial business holding a valid city business registration, and during which the activities and sales are contained entirely within the structure of the commercial use and do not encroach outside into the parking lot or public right-of-way, shall not be required to apply for, and obtain approval of, a site development permit prior to commencement of the seasonal sales event pursuant to subsection 9.250.030(B)(2). Seasonal sales events shall comply with the following provisions:
(i)
The seasonal sales events are located on non-residential properties and undeveloped residential properties on arterial streets; and
(ii)
Use of straw or hay is permitted for decoration purposes provided the following requirements are met:
a.
All entrances shall have "NO SMOKING" signs posted, with a minimum letter size of six (6) inches high; and
b.
No open flame devices, such as kerosene heaters, may be used in display areas or sales booths.
(2)
Special events on private property. Special events on private property may be allowed for up to one (1) day with a maximum frequency per site of eight (8) per year. A special event on private property includes an activity that is normally limited or prohibited by a discretionary permit or license granted on the site, including animal demonstrations or rides, amplified music, special effects, special lighting, tents, and other similar event or activity on private property. Any activity for which a temporary event permit is issued shall meet the noise regulations identified in subsection K. of Section 9.250.060.
(3)
Similar temporary events. Any use that is not specifically listed in subsections (1) and (2) of this section may be considered a permitted temporary event subject to approval of a site development permit provided that the Community Development Director finds that the proposed temporary event is substantially the same in character and intensity as those listed in subsections (1) and (2) of this section, and is compatible with the zoning district and surrounding land uses.
(Ord. No. 2018-05, § 5, 4-19-2018; Ord. No. 2021-09, § 4, 4-15-2021)
All temporary events shall comply with the following standards:
(1)
The property contains sufficient space to support the temporary event.
(2)
Parking has been deemed adequate to accommodate the proposed temporary event in addition to any required parking for any permanent use(s) also located on the site.
(3)
The temporary event will not create hazardous vehicular or pedestrian traffic conditions, and adequate space is provided for access and maneuvering.
(4)
Adequate sanitary facilities, utilities, drainage, refuse management, and similar necessary facilities and services will be available to serve patrons, employees, and participants.
(5)
Temporary events are allowed to encroach within required building setbacks, but cannot encroach into the right-of-way or be located within street tree planters or other required landscaped areas. Temporary structures must comply with the minimum setback requirements of the zone within which the structures are located.
(6)
No driveways or fire protection equipment shall be blocked.
(7)
A minimum ten (10) foot separation from buildings shall be maintained.
(8)
All dry combustible debris and weeds shall be cleared from the site prior to use.
(9)
The site shall be cleared of all debris within twenty-four (24) hours after the closing of the temporary event, and cleared of all unsold materials, temporary structures and equipment, and all items used for the temporary event within seven (7) days after the closing of the temporary event.
(10)
Any activity for which a temporary event permit is issued shall not be allowed to operate between the hours of 2:00 a.m. and 6:00 a.m. in commercial and industrial zones, and between the hours of 10:00 p.m. and 7:00 a.m. in any zone where a residential use is permitted.
(11)
No activity for which a temporary event permit is issued shall create any sound, or allow the creation of any sound, on any property that causes the exterior sound level on any other occupied property to exceed the sound level standards set forth in Table 1 of Section 11.05.040, or that violates the special sound source standards set forth in Section 11.05.060.
(12)
The temporary event shall comply with all other applicable requirements of the Jurupa Valley Municipal Code.
(13)
Temporary signs and advertisements shall be reviewed in connection with the site development permit for a temporary event.
(14)
If alcohol is intended to be used, sold, or consumed during the event, a license from the State of California Department of Alcoholic Beverage Control (ABC) must be obtained.
(15)
It shall be the responsibility of the organizer of the temporary event to maintain the site of the temporary event in a condition that provides for the health, safety, and welfare of event attendees, neighboring residents, property owners, and the public. In the event that the Riverside County Sheriff determines that a temporary event is a threat to the public health, safety, and welfare, the Riverside County Sheriff may close the temporary event to ensure the preservation of the health, safety, and general welfare of attendees, neighboring residents, property owners, or the public.
(Ord. No. 2018-05, § 5, 4-19-2018)
The Community Development Director may require an applicant for a temporary event permit to post a bond or to otherwise financially secure that the temporary event location is restored to its original condition and that the city is fully reimbursed for any unanticipated law enforcement or emergency medical expenses. The Community Development Director shall determine the amount of the bond or other security and the applicant shall post it with the Community Development Director. The Community Development Director may also require an applicant for a site development permit for a temporary event to obtain indemnity or liability insurance naming the city as the insured.
(Ord. No. 2018-05, § 5, 4-19-2018; Ord. No. 2021-09, § 4, 4-15-2021)
A site development permit for a temporary event may be revoked pursuant to and in accordance with Section 9.240.340.
(Ord. No. 2018-05, § 5, 4-19-2018)