In addition to the definitions set forth in Chapter 18.06, the following definitions shall apply to the provisions of this chapter:

A.

"Fundraising event" means a sale of goods or services for a charitable, religious, educational, cultural, civic or political purpose.

B.

"Nonprofit organization" means an association of persons who are so associated for a charitable, religious, educational, cultural, civic or political purpose.

C.

"Owner," as to real property, means the person who holds fee title to the real property, or the person who is entitled to possession of such realty by virtue of a written lease agreement having a term of not less than six months.

D.

"Promotional event" means any event or activity, such as an antique, art, fashion or sport show, which is intended to attract business to a location, but which event or activity does not involve the sale of merchandise outside of a building. Such event may also include incidental sales of goods by individual exhibitors who do not use the premises as a permanent place of business.

E.

"Promotional sale" means a sale, conducted outside of a building, of goods and services, by a person holding a valid city business license.

F.

"Temporary event" means an activity:

1.

Which involves the use of any real property, including buildings and/or structures, located in the city; and

2.

Which involves the assembly of twenty-five or more persons;

3.

For which a charge is made for the use of the real property, by the owner; or

4.

For which a charge is made for admission to the activity.

(Ord. No. 3098, § 2, 3-26-19)

Temporary use permits shall be required for all of the activities enumerated in Section 18.54.050, and all activities found by the director of community development to be similar or related thereto, except such activities sponsored by the city. The activities, being temporary in nature, possess characteristics of such unique and special form as to make impractical their operation without specific approval, upon such conditions as may be appropriate, in the manner set forth in this chapter. The issuance of a temporary use permit pursuant to this chapter shall not be a waiver of any requirement of any other provision of this code. Notwithstanding the above, a temporary use permit pursuant to this chapter shall not be required for events or activities which have as their primary purpose free speech expression protected by the First Amendment of the United States Constitution or Article I, Sections 2 and 3 of the California Constitution, based upon a verified statement under penalty of perjury to that effect by the sponsor or responsible party for the event or activity.

(Ord. No. 3098, § 2, 3-26-19)

A.

A written application for a temporary permit shall be filed with the director of community development containing the following information:

1.

Name of applicant (including the names and addresses of all principals, partners or corporate officers);

2.

Proposed location;

3.

Nature of activity;

4.

Duration of activity;

5.

Description of any activity to be used;

6.

Such other information as the director of community development deems appropriate

B.

A filing and investigation fee in an amount set by the city council shall be required with each such application, except for nonprofit organizations proposing temporary events without alcohol.

C.

"Applicant" as used in this chapter means, with reference to a temporary event, that person who actually proposes to conduct the temporary event for which a permit is sought.

(Ord. No. 3098, § 2, 3-26-19)

A.

Issuance.

1.

The director of community development, upon proper application, shall issue a temporary use permit if it is determined that the proposed activity can and will be conducted in a manner compatible with the preservation of the public peace, safety, health and general welfare, and will not be injurious or detrimental to the use of property located in the immediate vicinity thereof.

2.

The director of community development shall have the power to impose reasonable conditions upon the issuance of such permits to insure the preservation of the public peace, safety, health and general welfare, and to ensure that the activity will not be injurious or detrimental to property located in the immediate vicinity of the proposed location for the activity.

B.

Administration.

1.

Immediately upon issuance of a temporary use permit, the director of community development shall notify the chief of police of such fact together with all pertinent information regarding the issuance. Thereafter the chief of police shall have the responsibility of administrative enforcement. Where the chief of police determines that other permits, licenses or fees are required by law, he/she shall notify the respective city department or other agency having jurisdiction thereof. Then the permit shall be suspended until all other such licenses, permits or fees are obtained.

2.

The chief of police shall inspect the activities for which temporary use permits have been issued, at appropriate times during the duration of such permit. He/she shall maintain suitable records of all enforcement matters in this chapter, and all matters related thereto, that may be pertinent to the use, activities or the public welfare.

C.

Denial. The director of community development shall refuse to issue a permit if the activity would not be compatible with the preservation of the public peace, safety or general welfare, or if the same would be injurious or detrimental to properties adjacent to or in the vicinity of the proposed location of the activity. The director of community development shall give written notice to the applicant of the fact of such denial together with a statement of the reasons therefor.

D.

Suspension.

1.

The chief of police or the director of community development shall have the power to suspend, and shall suspend, any temporary use permit if he/she finds that the permittee:

a.

Has violated any condition of approval imposed upon the permit, or

b.

Has violated any provision of law, or

c.

Is, by the actual conduct of the activity, threatening the preservation of the public peace, safety or general welfare, or unreasonably interfering with the use and enjoyment of other property in the immediate vicinity of the activity;

2.

The chief of police shall give the permittee written notice of such suspension. Immediately upon the giving of such notice of the order of suspension, all activities under such permit shall forthwith cease, except as provided in this chapter.

E.

Appeals from a Decision of the director of community development.

1.

Any person aggrieved (hereinafter "applicant") by any decision, determination or action taken by the director of community development in connection with the granting or denying of a temporary use permit shall have the right of immediate appeal to the city council. Such an appeal shall be in writing and shall be filed with the city clerk within thirty days of the date of mailing notice of the action appealed from. Upon receipt of an appeal, the city clerk shall notify the director of community development thereof, and shall set the matter on the city council agenda for its next regularly scheduled meeting. The city clerk shall give the party appealing, and any other person requesting the same, at least five days' written notice of the time and place of such hearing. This notice provision may be waived by the appellant and all other such persons who have requested such notice.

2.

At the time of the hearing, the applicant shall have the right to present any relevant written or oral evidence. The city council shall consider such evidence, together with appropriate staff reports and other information deemed by it to be relevant, and shall determine whether the decision was justified and reasonable under all of the circumstances.

3.

The hearing before the council in such cases shall not be a formal public hearing. The council's decision shall be final and conclusive.

F.

Appeals from Orders of Suspension. At any time prior to the expiration of a temporary use permit, an appeal may be taken by a permittee from an order of suspension issued by the chief of police or director of community development. Upon the filing of such an appeal with the city manager, the order so appealed from shall be suspended pending a hearing on such matter from the city manager. Such appeal hearing shall be set by the manager as expeditiously as possible: He/she shall give the appellant and the chief reasonable oral and/or written notice of the time and place of such hearing. At the time of the hearing the applicant shall have the right to present any relevant written or oral evidence, together with appropriate staff reports and other information deemed by him/her to be relevant. The hearing shall determine whether the suspension was justified. The decision of the city manager shall be final and conclusive.

(Ord. No. 3098, § 2, 3-26-19)

A.

Activities Included. No person shall sponsor, participate or engage in any of the following enumerated activities or any activity similar or related thereto, without first obtaining a temporary use permit therefor issued by the director of community development:

1.

Circuses; and

2.

Carnivals; and

3.

Fairs; and

4.

Aircraft and helicopter landings and parachutist demonstrations; and

5.

The outdoor sale of Christmas trees or pumpkins, including one banner a maximum of 3'X5' which may be affixed to a temporary fence, except when such plans are held in conjunction with an established commercial business, by the person who holds a valid city business license for such commercial business; and

6.

Promotional sales, fundraising sales or events and promotional events if conducted on C-zoned or M-zoned lots and within commercially designated districts within the specific plans, which lots are utilized by an existing use authorized as such by the zoning regulations contained in this title, provided that:

a.

The total aggregate number of such events or sales upon any one lot shall not exceed forty-five days in any one calendar year, and

b.

The duration of any such sale or event shall not exceed three consecutive days, and

c.

No portion of any required off-street parking facility shall be utilized for such sale or event, and

d.

The owner has, in writing, consented thereto, and

e.

Rummage sales and white-elephant type displays and sales area shall be screened from a public street or alley or any residentially zoned or used property, and

f.

Promotional sales shall be limited to no more than three such events on any lot in a calendar year;

7.

Temporary events, which are limited to four events per calendar year, provided that a permit is obtained by the owner of the real property and by the person proposing to conduct the temporary event. Alcohol may be sold or provided in conjunction with a temporary use permit, which meets all police and Alcohol Beverage Control (ABC) requirements. The provisions of this subdivision 7 shall not apply to a temporary event:

a.

Which is conducted on any lot classified in any of the R zones, as that term is defined in Sections 18.06.459 and 18.06.462, or

b.

For which a conditional use permit is required pursuant to the provisions of this title, except for alcohol sold or provided in conjunction with a temporary use permit, or

c.

For which a permit is required pursuant to the provisions of Chapter 18.54.020, 8. Notwithstanding the above, any of the events or activities listed above which are exempt from a temporary use permit pursuant to Section 18.54.020, upon a verified statement required by that section, shall not be required to obtain a temporary use permit.

B.

Duration of Permits. The duration of permits for the activities enumerated in subsections A.1. through A.4., inclusive, shall be limited to a period not to exceed seven consecutive calendar days and limited to two events per calendar year. Activities permitted pursuant to subsection A.5. shall be permitted for a period not in excess of thirty consecutive calendar days with an additional seven days each for set up and tear down. No person shall engage or participate in any of the activities described in this section for a longer period of time than set forth in this section, without first obtaining a conditional use permit therefor.

(Ord. No. 3098, § 2, 3-26-19)