To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Hearing to Consider Adoption of Ordinance No. 2024-07 (Temporary Events) (County File #CDZT22-00003)
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
Staff recommends that the Board of Supervisors:
1. OPEN the public hearing on Ordinance No. 2024-07 (Temporary Events); RECEIVE testimony; and CLOSE the public hearing.
2. ADOPT Ordinance No. 2024-07, amending the County’s Temporary Events Ordinance to prohibit unpermitted commercial temporary events, establish standards for temporary events in agricultural zoning districts, establish new enforcement mechanisms, and related provisions.
3. DETERMINE that the adoption of Ordinance No. 2024-07 is exempt from CEQA under CEQA Guidelines Sections 15061(b)(3) (common sense exemption).
4. Direct staff to file a Notice of Exemption with the County Clerk.
FISCAL IMPACT:
The cost of preparing this ordinance has been funded by the Department of Conservation and Development, Land Development Fund.
BACKGROUND:
The County regulates short-term activities and events that are conducted on private property and generate or invite considerable public participation, invitees, or spectators under Ordinance Code Chapter 82-44, Temporary Events Ordinance, adopted in 2005. Chapter 82-44 establishes procedures for evaluating, permitting, and regulating temporary events. These procedures authorize the zoning administrator to approve permits for temporary events and to require permit conditions or deny permits when necessary.
In 2021 and 2022, the number of unpermitted commercial events held on private property increased. These unpermitted commercial events typically are widely advertised, or require paid admission, or charge for parking. Because they are unpermitted, these commercial events are not subject to any conditions, such as noise restrictions, parking requirements, on-site restroom requirements, and other requirements designed to minimize the impacts of these events on the normal free flow of vehicular and pedestrian traffic, minimize the impacts of noise from these events, protect the safety of property, and minimize disturbance and inconvenience to neighbors, neighboring properties, and neighborhoods.
In an effort to deter these unpermitted events, on April 26, 2022, the Board of Supervisors adopted Ordinance No. 2022-16, to increase fine amounts for violations of Chapter 82-44.
On June 7, 2022, the Board of Supervisors adopted Ordinance No. 2022-23, an urgency interim ordinance regulating commercial temporary events by prohibiting unpermitted commercial events; holding commercial event organizers, in addition to property owners, liable for illegal commercial events, establishing quiet periods for all events including those exempt from permitting requirements, and authorizing Sheriff’s deputies, in addition to code enforcement officers, to enforce Chapter 82-44.
On July 12, 2022, the Board adopted Ordinance No. 2022-25, extending the regulations related to commercial temporary events through June 7, 2023. On May 23, 2023, the Board adopted Ordinance 2023-11, extending the regulation for an additional year, expiring on May 23, 2024.
County Planning Commission
On January 24, 2024, staff presented a zoning text amendment with revisions to the Temporary Events Ordinance, together with a revised Agritourism Ordinance to the County Planning Commission. The revisions to the Temporary Events Ordinance included adding standards for temporary events in agricultural zoning districts, making permanent the provisions of Ordinance No. 2023-11, (Urgency Ordinance Extending Regulations Related To Commercial Temporary Events), amending the event definition to ensure that events with more 75 persons on any agricultural property would require a temporary event permit, and amending provisions related to commercial events to provide that agricultural properties that contain a residence are able to apply for a land use permit to host commercial events.
The Commission received public comment urging the threshold for the number of attendees on agricultural properties that would constitute an “event” be increased to 150, which was the threshold prior to enaction of the initial urgency ordinance in June of 2022. The public commenter stated that a land use permit or even a temporary event permit for an event exceeding 75 persons could be costly. The Commission considered and discussed the amendments to the Temporary Events Ordinance and voted 5-1 to recommend that the Board of Supervisors adopt the zoning text amendment to revise the Temporary Events Ordinance with a revision to increase the threshold for requiring a temporary event permit from 75 persons to 125 persons for events at a venue located in a residential or agricultural zoning district, or at a residence in any other zoning district, and to increase the threshold for requiring a temporary event permit from 150 persons to 175 persons at any other venue.
Staff Recommendation: Staff recommends that the Board of Supervisors adhere to the 75- and 150-person threshold as provided in the “event” definition of the attached draft Temporary Events Ordinance. Increasing the attendance threshold for requiring a temporary event permit could impact the neighborhood in which events are located. An event that has more than 75 people in a residential or agricultural district or at a residence, or that has more than 150 people at any other venue, would require a temporary event permit, which is ministerial. Larger or more frequent events would require a land use permit (e.g., four or more events held at a venue in a twelve-month period). Through the land use permit process, standards in the proposed zoning text amendment would apply to mitigate noise and lighting impacts resulting from an event. For events located in an agricultural district, the ordinance would establish additional land use permit standards, including that the event does not conflict with the property’s primary use of agriculture. Overall, staff recommends that the thresholds remain to ensure safety and to minimize disturbance and inconvenience to neighbors, neighboring properties, and neighborhoods.
Proposed Ordinance No. 2024-07
The proposed changes to the Temporary Events Ordinance are primarily intended to: a) integrate the provisions of Ordinance No. 2023-11, (Urgency Ordinance Extending Regulations Related to Commercial Temporary Events); and b) address the portion of the 2020 Report on Recommendations on Reforming Agricultural Land Use Policies to Improve Both Economic Vitality and Sustainability that pertains to agritourism related events.
Key changes to the Temporary Events Ordinance are summarized below. With the exception of agritourism events, the provisions summarized below have generally been in effect already as they were included in the urgency interim ordinances approved by the Board since June of 2022.
The definition of event is proposed to be updated to include gatherings of more 75 people on agriculturally-zoned properties. Additionally, “at a residence” is also defined to clarify the reference in the event definition. The definition of a commercial event is also modified to include clarification that an event that requires paid admission or charges parking or that is open or advertised to the general public would be considered a commercial event.
Definitions for outdoor assemblage, persons at a venue, and vacant lot are also included in the amendment to the ordinance. Noise restrictions for all events, even those exempt from permitting requirements, include maximum noise levels and prohibited hours for amplified sound.
The proposed ordinance also establishes conditions imposed on temporary events held at a venue in an agricultural zoning district pursuant to a land use permit. These additional conditions were developed, in part, to address events that may occur along with the newly proposed agritourism uses. These conditions also address the increased event activity occurring on agriculturally zoned properties that prompted the Board’s interim urgency ordinance. The conditions applicable to the issuance of a land use permit for an event located in an agricultural zoning district include the following:
• Events at a venue located in an agricultural zoning district may only be issued if authorized events are an accessory use of the agricultural use established for the property and a finding is made that the event is consistent with agricultural vitality.
• A maximum number of events. The maximum number of events would be determined by considering the lot size of the event venue, availability of parking to serve the event venue, proximity of surrounding residences, the location and size of any buildings or other visual or noise buffers between the venue and surrounding properties, the compatibility of events with neighboring uses, and the degree to which events conflict with the property’s primary use of agriculture. On a parcel of less than 40 acres, the maximum number of events per calendar year that may be authorized by a land use permit is six. On a parcel of 40 or more acres, the maximum number of events per calendar year that may be authorized by a land use permit is 26.
• A maximum of people. The maximum number of people would be determined by the lot size of the event venue, parking available to serve the event venue, proximity of surrounding residences, and the location and size of any buildings or other visual or noise buffers between the venue and surrounding properties.
• Conditions to limit impacts on neighbors, including prohibited hours for amplified noise and requirements that exterior lighting must be directed downward and away from adjacent properties.
The amendment also updates the enforcement of the Temporary Events Ordinance to authorize the Sheriff and Sheriff’s deputies to enforce the ordinance and would hold commercial event organizers, in addition to property owners, liable for violations of the ordinance.
California Environmental Quality Act Determination
Adoption of Ordinance No. 2024-07 is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3).
CEQA Guidelines section 15061(b)(3) is the “common sense exemption” A project is exempt from further environmental review where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environments. Ordinance No. 2024-06 would amend to Chapter 82-44 (Temporary Events) to include additional land use permit conditions for events located in an agricultural zoning district, additional noise restrictions, additional restrictions on commercial events, and authorization for additional enforcement pathways for violations of the ordinance. These amendments would establish more restrictive regulations on a use already permitted in the County. Thus, it can be seen with certainty that there is no possibility that the proposed actions could have a significant effect on the environment.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve the proposed ordinance, then the zoning code will not be amended to allow events on agriculturally zoned properties, regulate commercial events, or authorize Sherriff’s deputies to enforce the Temporary Events Ordinance.