Orange City Zoning Code
CHAPTER 17
46 SPECIAL EVENTS
§ 17.46.010 Purpose and Intent.
The purpose and intent of this chapter is to accommodate reasonable requests for temporary special events when such events may have the potential of impacting surrounding use and are desirable for the community, promote local businesses, public peace, morals, health and safety. This chapter regulates the time, manner, location and duration of temporary special events on property, other than City property, so as to protect against:
A.
The hazards of unreasonably interfering with or impeding the flow of pedestrian or vehicular traffic, including ingress or egress from any place of business;
B.
Possible damage or nuisance from factors including, but not limited to, noise, glare, smoke, fumes, dust, visual impact, or vibration;
C.
Possible hazard (with a potential greater than normal, or which exceeds the capabilities of local public safety units) to persons or property from explosion, contamination or fire;
D.
Possible hazard or inconvenience occasioned by unusual volume or character of vehicular traffic;
E.
Potential for the special event to create a public nuisance or be otherwise detrimental to the public health, safety, morals or welfare;
F.
Unreasonable impacts to a similar business or businesses located in the City, due to the special event being conducted on a temporary basis under this permit; and
G.
Unreasonable circumvention of designated land use and zoning requirements.
(Ord. 6-01)
§ 17.46.020 Definitions.
For the purposes of this chapter, the words listed in this section shall have the following meanings assigned to them:
"Dangerous animals"
means any animal of a species which presents a threat to the safety of persons or property as determined by the Health Officer of Orange County, his or her agents or deputies.
"Special event"
means an organized activity of limited duration conducted on property not owned by the City and outside the confines of the primary building on the site, which event is authorized by the owner of the property, and whether or not a Business License Tax Certificate is required to conduct such an event. Examples of special events include, but are not limited to, retail sales, community events, public concerts and performing arts, cultural/educational events, fairs, festivals, mass participation sports (marathons or bicycle races), and similar events. The regulations relating to a special event shall be applicable whether or not a fee or admission is charged for such event. Nothing contained in this chapter shall be construed to include within the definition of a "special event" any "pancake breakfast," "bake sale," or similar event sponsored by a nonprofit organization where only food or beverages are served; provided, that the Director of Community Development shall have discretion to require the posting of a cash deposit to insure cleaning of the area in which food or beverages are served.
(Ord. 6-01)
§ 17.46.030 Location.
Special events shall only be permitted in commercial zones provided the subject property is adjacent to a primary or major arterial highway as indicated on the Circulation Element of the General Plan; at public or private elementary, junior or senior high schools, colleges, churches or other public or religious institutions, and any use located within the Public Institution zone as designated in the zoning ordinance Table 17.13.030[1].
(Ord. 6-01; Ord. 13-18, 2018)
[1]
Editor's Note: Table 17.13.030 is included as an attachment to this Title.
§ 17.46.040 Permit-Required.
No person or business shall conduct a special event without having first applied for, and obtained a permit to do so as provided herein. Upon review, the Director of Community Development may determine that the proposed event is of such limited consequence that no permit is necessary.
(Ord. 6-01)
§ 17.46.050 Permit-Application.
Applications for permits to conduct special events shall be filed on forms furnished by the Department of Community Development at least 14 days prior to the beginning date of the event.
Applications for special events shall contain the following information:
A.
The name and address of the sponsoring business or organization;
B.
The exact location where the event is to be staged;
C.
The name and address of the operator or operators of the event to be conducted;
D.
A list of communities in California where the event has been previously conducted by the operator or operators of the proposed event;
E.
The number and types of rides, games, shows, displays, and other individual concessions comprising the event, including all food stands and food vehicles;
F.
The number of persons who will be engaged in conducting the event;
G.
A plot plan showing the entire property in addition to that portion of the property to be used to store equipment and to conduct the special event, including an exact description and plot plan describing the total extent of any off-street parking area which would be occupied for the purpose of conducting the special event and storing the equipment incident thereto;
H.
Such other information as shall be required by the Director of Community Development.
(Ord. 6-01)
§ 17.46.060 Investigation of Application.
Before issuing a permit for a special event, the Director of Community Development shall cause an investigation to be made regarding the application and shall have the findings set forth in writing and attached to the application.
(Ord. 6-01)
§ 17.46.070 Findings.
The approval or denial of a special event permit shall be based upon all of the following factors and principles:
A.
The special event will be located, operated and maintained in conformance with the policies, objectives and elements of the City of Orange General Plan.
B.
The special event shall be conducted for a common or collective purpose, which directly or indirectly supports the community and benefits the public at large.
C.
That the characteristics of the proposed special event are compatible with those permitted in the surrounding areas, and in conformance with the provisions of the zoning ordinance.
D.
Provisions for adequate traffic circulation, parking and pedestrian safety will be provided and maintained for the duration of the approved special event.
E.
Approval of the application will not be detrimental to any person or property in the surrounding area, or to the public health, safety or general welfare and shall be in compliance with the California Environmental Quality Act (CEQA).
(Ord. 6-01)
§ 17.46.080 Conduct of Operation.
The following regulations shall govern the operations of any special event for which a permit has been issued by the Director of Community Development. Violation of any such regulations shall constitute a misdemeanor and be considered grounds for immediate revocation of such permit.
A.
No more than two permits for similar events shall be issued for a location within one year. For the purposes of this chapter, a commercial or business center which utilizes a shared parking lot shall be considered one location.
B.
Any special event involving dangerous animals shall be reviewed and approved by both the City and the Health Officer of Orange County, his or her agents or deputies.
C.
All local and state laws and regulations shall be complied with.
D.
The physical layout of the area set apart for the conduct of the special event, including area used for installation or storage of all equipment, shall not occupy more than 15% of the parking area designed to serve the business or shopping center is used for these purposes.
E.
Before erecting any structures, an additional application must be made to the Chief Building Official. All applicable building codes must be complied with. Permits issued by the State Division of Industrial Safety must be furnished to the Chief Building Official before the erection and operation of any ride. No rides, amusement devices or concessions shall be put into operation until inspected and approved by the Chief Building Official; provided, however, that any such inspection or approval by the City, or any employee thereof, does not guarantee that the ride, amusement device, or concession is structurally or operationally safe. Each ride shall have a sign displayed at the entrance to the ride and visible to all patrons containing the message that any person using the equipment does so at his/her own risk.
F.
No games shall be conducted at a special event until inspected and approved by the Police Chief. In any event, no games shall be conducted which violate any laws of the State or any other provisions of the City of Orange Municipal Code.
G.
Any and all facilities for the dispensing of food and beverages shall be inspected by the Orange County Health Department to insure compliance with all applicable food handling regulations.
H.
No trailers, tents or other temporary living quarters shall be allowed on the premises where the special event is to be conducted except upon approval of the City Council based on a finding that no hazard to public health or safety will result from such approval.
I.
No special event shall operate after 11:00 p.m. of any night.
J.
The special event shall not be operated for any period longer than nine consecutive days from the opening date specified on the permit.
K.
The Director of Community Development shall have discretion to require the posting of a cash deposit to ensure that administrative costs may be satisfied and that the premises on which this special event is being conducted will be left in a clean and orderly condition.
(Ord. 6-01)
§ 17.46.090 Liability and Property Damage Insurance.
Prior to the erection of any structure in connection with a special event, the operator or operators of the event shall furnish certificates to the Director of Community Development showing that there is in full force and effect liability and property damage insurance, written on an occurrence basis, covering every activity of the proposed special event in a minimum amount of $500,000.00 for death and bodily injury to one person and $50,000.00 property damage, or in such additional amount as deemed necessary by the Director of Community Development. Provided, however, that maximum insurance coverage that may be required shall not exceed $5,000,000.00 for death or bodily injury and $500,000.00 property damage.
(Ord. 6-01)
§ 17.46.100 Appeal Procedures.
A.
The Planning Commission shall have the power to review any action taken by the Director of Community Development. In reviewing an application for a permit, the Planning Commission shall have the power to approve, deny or approve subject to conditions, a special event permit in accordance with the findings in this chapter.
B.
When the Director of Community Development has acted upon any application for a special event, all regulations set forth herein shall apply to such special event.
(Ord. 6-01)
§ 17.46.110 Violation-Penalty.
Any violation of any provision of these regulations governing special events shall constitute a misdemeanor punishable as provided in Section 5.30.050 of the City of Orange Municipal Code, and shall be grounds for immediate revocation of such permit.
(Ord. 6-01)
§ 17.46.120 Permit Fee.
Each special event application shall be accompanied by a permit fee as identified in the Master Fee Resolution.
(Ord. 6-01)
