Lake Forest City Zoning Code
CHAPTER 9
180 TEMPORARY OUTDOOR PROMOTIONS
§ 9.180.010 Purpose and intent.
The purposes and intents of this chapter are to: (a) allow for temporary outdoor promotions in conjunction with established nonresidential uses on private property; (b) regulate the time, place and manner of temporary outdoor promotions as necessary for the protection of the public health, safety and welfare; (c) ensure temporary outdoor promotions do not result in detrimental effects to surrounding properties and/or the community-at-large; (d) ensure that temporary outdoor promotions are conducted so as not to violate any other ordinance or regulation of the City; (e) establish permit requirements and procedures as a means to verify and ensure compliance with applicable regulations.
(Ord. 267 § 4, 2014)
§ 9.180.020 Definitions.
means the person, corporation, association, partnership or other legal entity submitting the application for a temporary outdoor promotion permit.
means the Building Official or lead plan checker of the City of Lake Forest, or designee.
means the Chief of Police Services of the City of Lake Forest, or designee.
means the City of Lake Forest.
means the City Manager of the City of Lake Forest or designee.
means the actual costs which a department of the City incurs in connection with activities for which a temporary outdoor promotion permit is required under this chapter, including, but not limited to, costs associated with fire safety, traffic and/or pedestrian control, water safety, the salaries of City personnel involved in administration or coordination of City services for the event, the cost to the City to provide support personnel, equipment, materials and supplies and related City costs, such as fringe benefits or employee overtime. Departmental service charges shall not include costs incurred by the City to provide ordinary levels of police protective services to those engaged in activities or conduct for which a temporary outdoor promotion permit is required pursuant to this chapter.
means the Director of the Community Development Department of the City of Lake Forest or designee.
means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a temporary outdoor promotion.
means the Orange County Fire Authority Fire Chief, or designee, assigned to the City of Lake Forest.
means a permit issued pursuant to the California Health and Safety Code, which gives the City the right to require and evaluate, modify, approve or reject the medical operations plan of any applicant wishing to conduct a temporary outdoor promotion within the City.
means any natural person representing him or herself individually.
means any business, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust, or similar entity; or any individual, manager, lessee, agent, servant, officer, or employee representing the organization, or any of them, except where the context clearly requires a different meaning.
means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel.
means a way or place, of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel. Streets include highways and alleys.
means an outdoor commercial event of limited duration, such as a grand opening, parking lot sale, or seasonal promotion occurring on nonresidential, private property.
means a permit to conduct a temporary outdoor promotion issued pursuant to this chapter.
shall mean a weekday, e.g., Monday through Friday, in which City Hall is open and conducts business. Saturdays, Sundays and holidays are not working days within the meaning of this chapter.
(Ord. 267 § 4, 2014)
§ 9.180.030 Permitted activities and accessory facilities.
Temporary outdoor promotions may include, but shall not be limited to, any of the following, subject to review and approval by the Director and compliance with applicable provisions of this chapter; other applicable codes, standards and regulations incorporated by reference; and any conditions of approval imposed by the Director and stipulated on the temporary outdoor promotion permit:
A.
Permitted Activities. Parking lot, courtyard, yard, storefront or other outdoor sales; merchandise display; live entertainment; exhibitions; fundraisers for non-profit or charitable organizations or causes; food and beverage sales, including alcoholic beverages; demonstrations, clinics and instructional workshops; live or recorded audio or video presentations; raffles; auctions; animal or pet adoptions; lectures, speeches, orations or sermons; assemblies of persons for any of the purposes listed above.
B.
Accessory Facilities. Temporary signage and graphics displays pursuant to Section 9.164.110(A)(11); seating, tables, chairs, booths, canopies, shade structures, tents, stands, stages, ramps, audio and video equipment, portable generators, amusement rides, domestic animals, lecterns, podiums, vehicles, refrigeration equipment, fencing, cordons, lighting, decorations.
(Ord. 267 § 4, 2014)
§ 9.180.040 Regulations.
A.
Temporary outdoor promotions shall be limited to 10 consecutive days per permit and 60 days per person or organization per site in any calendar year. A minimum of seven calendar days shall lapse between the termination of any temporary outdoor promotion and the commencement of any successive temporary outdoor promotion conducted by the same person or organization on the same site.
B.
Temporary outdoor promotions shall occur only in conjunction with an established nonresidential use conforming to applicable zoning regulations and only on the same site as the corresponding nonresidential use.
C.
Signage for temporary outdoor promotions shall conform to the requirements of Section 9.164.110(A)(11).
D.
The applicant for any temporary outdoor promotion permit shall demonstrate, to the satisfaction of the Director, that a sufficient number of on-site parking spaces will remain available for customer and employee parking during the temporary outdoor promotion.
E.
No temporary outdoor promotion shall occupy, obstruct or limit access to any disabled-accessible parking stall, loading area, pathway, ramp, building entrance or other facility required by the Americans with Disabilities Act, City or State code(s) or a valid City-approved plan.
F.
All setup, installation, dismantling and removal of facilities supporting a temporary outdoor promotion shall occur within the 10 days corresponding to the temporary outdoor promotion permit.
G.
The site upon which any temporary outdoor promotion is occurring and adjacent properties, including the public right-of-way, shall be maintained free of trash and debris associated with or caused by the temporary outdoor promotion at all times preceding, during and following the event.
H.
Noise levels associated with any temporary outdoor promotion, including, but not limited to, noise emanating or created by: speakers, amplifiers or other audio equipment; generator(s); live entertainment; equipment of any kind; event attendees, participants and operators; tools; and activities (including setup and takedown) shall not exceed those specified in Chapter 11.16, Noise Control. All loud speakers shall be directed away from any adjacent residential uses.
(Ord. 267 § 4, 2014)
§ 9.180.050 Permit requirement and application procedures.
A.
It is unlawful for any person or organization to conduct any temporary outdoor promotion subject to the provisions of this chapter within the City of Lake Forest without having first obtained a valid permit.
B.
An application for a temporary outdoor promotion permit required by this chapter shall be filed with the Community Development Department on a form furnished by, or acceptable to, the Director. If the application is filed by an organization, the application shall be prepared and filed by an officer of such organization, who is not less than 18 years of age. The application shall be signed under penalty of perjury by the applicant and property owner.
C.
A completed temporary outdoor promotion permit application shall be filed with the Community Development Department not less than 10 working days or more than six months prior to the proposed temporary outdoor promotion commencement date.
D.
A building permit and/or electrical permit, if required by the California Building Code (CBC) and/or California Plumbing Code, as determined by the Building Official, shall be obtained prior to commencement of the corresponding temporary outdoor promotion.
E.
A permit from the Orange County Health Department, Department of Alcohol and Beverage Control, or other responsible agency, if required by applicable codes and regulations, as determined by the corresponding agency, shall be obtained prior to commencement of the corresponding temporary outdoor promotion. The applicant shall be solely responsible for verifying the need for any permit(s) from outside agencies; provided, however, that the Director may, at his or her own discretion, contact other agencies to verify the need for permits. Upon determining that a permit or permits from an outside agency is required, the Director may require the applicant to submit evidence of approval of such permit to the Community Development Department prior to issuance of the temporary outdoor promotions permit.
(Ord. 267 § 4, 2014)
§ 9.180.060 Permit and application fee.
A.
All temporary outdoor promotion permit applications shall be submitted with payment of a nonrefundable application fee established by resolution of the City Council, as may be amended from time to time.
B.
In addition to the nonrefundable permit application fee, and any other applicable building permit fees or other fees prescribed by resolution of the City Council, an applicant shall reimburse the City for all City department service costs incurred in connection with, or due to, the applicant's activities under the temporary outdoor promotion permit.
(Ord. 267 § 4, 2014)
§ 9.180.070 Permit application contents.
A.
Applications for all temporary outdoor promotion permits shall contain the following information, as deemed applicable by the Director:
1.
The name, address, telephone number and signature of the applicant.
2.
The name, address, telephone number and signature of the property owner.
3.
The address of the site of the proposed temporary outdoor promotion.
4.
The commencement and termination date(s) of the proposed temporary outdoor promotion.
5.
A detailed written description of the proposed temporary outdoor promotion, including a list of all activities to occur and all features and amenities to be provided in conjunction with the proposed temporary outdoor promotion. The written description shall also indicate whether any food or beverages, including alcoholic beverages, will be provided or sold at the temporary outdoor promotion.
6.
A plan depicting the site of the proposed temporary outdoor promotion. At minimum, the site plan shall depict property lines, existing buildings, parking spaces, drive aisles, walkways, the boundaries of the temporary outdoor promotion, and the location and configuration of proposed temporary site conditions and features.
(Ord. 267 § 4, 2014)
§ 9.180.080 Action by Director.
A.
The Director is authorized to issue temporary outdoor promotion permits pursuant to the procedures established in this chapter.
B.
In determining whether to approve a temporary outdoor promotion permit application, no consideration may be given to the message of the event, the content of speech, or to any assumptions or predictions as to the level or nature of emotion which may be aroused in the public by the content of speech or message conveyed by the event.
C.
Within 10 working days of the filing of a completed application, the review shall be completed, and the Director may issue a temporary outdoor promotion permit, unless denial of the permit is warranted pursuant to the provisions of this chapter or other applicable provisions of the Municipal Code. The Director shall notify the applicant of his or her action pursuant to Section 9.180.100.
D.
The Director may impose conditions on any temporary outdoor promotion permit issued pursuant to this chapter as necessary to protect the public health, safety and welfare, prevent adverse impacts to surrounding persons and properties, and ensure compliance with provisions of the Municipal Code. The conditions on a temporary outdoor promotion permit shall not be imposed in a manner that will unreasonably restrict activities or conduct protected by the California or United States Constitutions.
(Ord. 267 § 4, 2014)
§ 9.180.090 Permit denial.
A.
The Director may deny an application for a temporary outdoor promotion or revoke any temporary outdoor promotion permit if the Director finds any of the following:
1.
The application contains materially false or intentionally misleading information;
2.
The event or activity is proposed to be located, or is located, in or upon a premises, building or structure, which is hazardous to the health or safety of the employees or patrons of the premises, business, activity, or event, or the general public, under the standards established by the California Building or Fire Codes, or other applicable codes, as set forth in Title 8 of this Code;
3.
The event or activity is proposed to be located, or is located, in or upon a premises, building or structure, which lacks adequate on-site parking to accommodate the anticipated or actual demand for parking generated by the primary on-site use(s) and/or the temporary outdoor promotion, either singularly or simultaneously;
4.
The event or activity as proposed or as occurring conflicts with applicable provisions of any Federal, State and/or local laws;
5.
The event or activity is scheduled to occur at a location and time in conflict with another event or activity scheduled for the same day(s), where such conflict would adversely impact the City's ability to provide adequate City services in support of other scheduled events or scheduled government functions;
6.
The event will substantially interrupt public transportation, or other vehicular and pedestrian traffic, in the area of its location;
7.
The event will require the diversion of public safety or other City employees from their normal duties, so as to unreasonably reduce adequate levels of service or municipal functions to any other portion of the City;
8.
The event or activity: (a) will have a substantial adverse impact on the health, safety or general welfare of the general public, and/or residents and businesses within a 500 foot radius of the event; and/or (b) will violate the City's noise ordinance;
9.
The ability of persons to enter and exit business properties impacted by the event will be unreasonably impaired considering factors such as the duration, size and scope of the event;
10.
The proposed use, event or activity will have a significant adverse environmental impact;
11.
The applicant has violated condition(s) of a previous temporary outdoor promotion permit issued for the same or similar event within the past 24 months or has one or more documented violation(s) of this chapter within the prior 24 months. The City shall notify the applicant in writing of any such violations within 60 days of the violation.
B.
When the grounds for denial of an application are based on any of the circumstances specified in subsections (A)(1) through (11), and those circumstances can be corrected by altering the date, time, duration, or location of the temporary outdoor promotion, the Director shall, instead of denying the application, conditionally approve the application for the temporary outdoor promotion permit. The conditions imposed shall provide only for such modification of the applicant's proposed temporary outdoor promotion as are necessary to achieve compliance with subsections (A)(1) through (11).
(Ord. 267 § 4, 2014)
§ 9.180.100 Notice to applicant of action on application-Appeals to City Council.
Within 10 working days of the filing of a completed application, the Director shall provide notice to the applicant of the action taken by telephone and by written notice via personal delivery, facsimile, or electronic mail, together with a list of conditions imposed if the application has been granted; or, if the application has been denied, the specific reason for the denial pursuant to Section 9.180.090. The notice shall inform the applicant of his or her right to appeal the denial of the application pursuant to Section 2.04.100 et seq., or any of the conditions imposed on the granting of the application.
(Ord. 267 § 4, 2014)
§ 9.180.110 Revocation or suspension of permit.
A.
A temporary outdoor promotion permit issued under this chapter shall be revoked or suspended by the Director or Chief of Police Services if he or she finds that one or more of the following conditions exist and have not been corrected by the applicant after timely notice of the condition's existence has been given:
1.
The temporary outdoor promotion is being used to conduct an activity different from that for which it was specifically issued;
3.
That the activity is being conducted in a manner which violates one or more of the conditions imposed upon the issuance of the temporary outdoor promotion permit or fails to conform to the plans and procedures described in the application;
4.
The applicant violates or attempts to violate any Federal, State or local laws and regulations;
5.
The temporary outdoor promotion is being conducted in a fraudulent or disorderly manner, or in a manner which endangers the public health, safety or welfare.
B.
Such revocation or suspension shall become effective immediately upon order of the Director or Chief of Police Services and shall remain in effect until the applicant has corrected the violation or until the temporary outdoor promotion permit has expired by limitation.
C.
In the event a temporary outdoor promotion permit is revoked or suspended pursuant to the provisions of this section, another temporary outdoor promotion permit shall not be granted to the applicant within 12 months after the date of such revocation or suspension.
D.
The Director or Chief of Police Services' determination to revoke or suspend a temporary outdoor promotion permit shall be based upon written findings, and shall be subject to appeal to the City Council as set forth in Section 9.180.100. The City Council's determination shall be final and conclusive in the matter, and subject to appeal under California Code of Civil Procedure Section 1094.6 or 1994.8.
(Ord. 267 § 4, 2014)
§ 9.180.120 Penalty for violation.
A.
A violation of this chapter shall be considered a misdemeanor. However, at the discretion of the City Attorney, the violation of any provisions of this chapter may be filed as an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction.
B.
Unless expressly exempt, the holding or conducting of any temporary outdoor promotion subject to the provisions of this chapter without a valid temporary outdoor promotion permit issued pursuant to the provisions of this chapter is hereby declared a public nuisance.
(Ord. 267 § 4, 2014)
§ 9.180.130 Severability.
If any provision or clause of this chapter, or the application thereof to any person or circumstance, is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other chapter provisions, clauses, or application thereof, and to this end, the provisions and clauses of this chapter are declared to be severable.
(Ord. 267 § 4, 2014)