Referral Draft – September 2010
Event Ordinance – Proposed Amendments
I. Proposed Purpose Statement:
The purpose of this section is to establish a set of regulations applicable to the various types of events
held throughout the County. The Board of Supervisors through adoption of these standards recognizes
the important role that events play including countywide tourism, as an educational tool and for support
of non-profit organizations. The Board also recognizes that events have the potential to be incompatible
with surrounding residential uses and to agriculture. Additionally, events have the potential to create
burdens to infrastructure, such as rural roads and add noise which may negatively affect character, the
essential quality upon which tourism depends. The specific purpose of this Section is to set standards for
events to ensure compatibility with surrounding residential and agricultural uses.
II. Proposed Definition of Event: (“event” to replace the term “temporary event”)
Events.
with or without invitation involving fifty or more people that is not sponsored by a government entity.
Events and or programs that are offered by a valid agricultural non-profit organization and that are
Any use of a site for an organized activity, assembly or event that is open to the public eithersolely and specifically
not subject to the provisions of this Title. Parades and other temporary events within the public rightof-
way and admission free events held at a public park or on other land in public ownership when
conducted with the approval of the public agency having jurisdiction, are not subject to land use permit
requirements, provided that all requirements of the County Public Works Department and County
Sheriff are met. Temporary Camps are subject to Chapter 8.64 of the County Code. Events located at
wineries in the inland portion of the county are subject to Section 22.30.070.
for the purposes of education about on-site agriculture or natural resources areIII. Events proposed to be allowed in the following Land Use Categories:
OP, CR, CS, IND, REC and PF.
AG, RL, RR,IV. Proposed Ordinance Language:
A. Permit Requirements.
1. Nonprofit Events.
following occur: there is no charge for the venue, the event is sponsored by a
nonprofit organization and 100% of the proceeds collected on behalf of the event,
after operational expenses are met, go to the sponsoring non-profit organization.
A ministerial permit shall be required for sites that
The number of nonprofit events allowed per year on an individual site are not
limited by this ordinance. The number of attendees is limited by Section B. 2.
Setbacks. Nonprofit events are subject to all applicable standards of this section.
A nonprofit event is defined as an event where all of theonly hold nonprofit events.Referral Draft – Event Ordinance
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2. For Profit and Nonprofit Events.
events are subject to the permits requirements and all applicable standards of this
section.
Sites holding both nonprofit and for profit3. Ministerial Permit.
events per year with 50 to 150 attendees. A greater number of attendees may be
allowed per Subsection B.2.a(3) . Zoning Clearance approval is valid for one year
from the date of issuance.
A Zoning Clearance shall be required for up to 12 one-day4. Discretionary Permit
a. Minor Use Permit
events with 151-200 attendees. The length of time that the permit approval is
effective shall be determined by the Review Authority.
shall be required for 13-20 one-day events per year and/orb. Conditional Use Permit
per year and/or events with over 200 attendees. The length of time that the
permit approval is effective shall be determined by the Review Authority.
shall be required for more than 20 one-day eventsc. Time Limits.
determined by the Review Authority. The Review Authority shall consider but
shall not be limited to the following in making that determination: site
location, neighborhood capacity and compatibility, and the suitability of the
site for ongoing events.
Minor Use and Conditional Use Permit time limits shall beB. Site Design Standards.
1. Site access.
each a minimum of 20 feet wide, from the event site to a publicly maintained road
and this access shall be provided with appropriate signage that clarifies the location
of exits. Access may require an encroachment permit. This requirement may be
reduced or modified through an adjustment provided the applicable fire agency
verifies in writing that the proposed access is adequate for safe ingress and egress of
the site during events.
Events shall provide a minimum of two unobstructed access points,2. Setbacks.
a. Rural areas.
(1) Sites located in the Agriculture land use category.
activities shall be located a minimum of 300 feet from each property
line.
All event(2) All other land use categories
minimum of 200 feet from each property line.
. All event activities shall be located aReferral Draft – Event Ordinance
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(3) Adjustment.
number of attendees otherwise allowed by Subsection A.3. may be
increased as follows:
Event activities are located 600 feet from each property line shall allow
300 attendees
Event activities are located 1,200 feet from each property line shall allow
600 attendees
Event activities are located 2,400 feet from each property line shall allow
1,200 attendees
Event activities are located 1 mile from each property line shall allow
2,000 attendees.
Any event over 2,000 attendees requires Conditional Use Permit approval.
In all land use categories where events are allowed, theb. Urban and village areas
over 20 acres in size. For sites greater than 20 acres in size, the setbacks shall be
as set forth above in Subsection B.2.a.
. As required by Section 22.10.140 unless the site isc. Modification.
approval when a Conditional Use Permit is not otherwise required. Approval
may be granted only after the Review Authority first determines that the request
satisfies any of the following findings: (1) there is no feasible way to meet the
required setbacks without creating environmental impacts including additional
grading, tree removal or impacts to on or off-site agricultural land that is
Natural Resource Conservation Service (NRCS) Classes I, II and III or currently
in agricultural production; or (2) the setbacks are not practical or necessary due
to existing topographic conditions or existing on-site vegetation.
These setbacks can be modified through Minor Use Permit3. Parking
area with a slope of 10 percent or less, at a minimum ratio of 1 space per 2.5
attendees, on a lot free of combustible material, and on areas of the site that are not
Class I soils as defined by the NRCS.
. Parking shall be provided as follows, with such parking located in an opena. Parking on the road.
for 1,000 feet in either direction of any access point or access located on the site.
The applicant shall place signs along the interior accessways and at 300 foot
intervals along the road right-of-way indicating the parking restriction. These
signs shall be posted no earlier than the day before the event and shall be
removed no later than the day following the event.
No parking shall be allowed within any road right-of-wayb. Off-site parking.
Off-site parking may be allowed only through Minor Use Permit approval when
a Conditional Use Permit is not otherwise required.. Off-site parking must be
located outside of a road right-of-way and within 1,000 walking feet of the event
site or shuttles must be provided. Written consent shall be obtained from the
owners of all off-site parking areas. A minimum of one parking attendant shall
All parking for events shall be provided on the event site.Referral Draft – Event Ordinance
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be present at each lot used for off-site parking to assist in parking vehicles. For
each off-site parking lot containing 50 or more vehicles, one parking attendant
per each 50 vehicles shall be provided. For temporary parking lots, signs and
directional signs shall be posted no earlier than the day before the event and
shall be removed no later than the day following the event. For events that will
require off-site parking, monitors shall be provided to direct traffic at all points
of ingress, egress, and forks in private access roads and to turn away vehicles
when authorized parking capacity is reached. If off-site parking is proposed, it
shall be considered with the review of the land use permit for the event site.
4. Traffic Control.
a diagram of proposed traffic routing and direction signs, along with an estimate of
traffic volume expected for the event. This shall be submitted with the land use
permit application for the event site. Prior to approval, a letter from the California
Highway Patrol shall be provided to the county, verifying that agency’s review and
approval of this traffic control information.
For any Event of 500 people or greater, the applicant shall prepare5. Hours of Operation.
end by 10 p.m. each day. Facility set up and clean up shall be allowed between the
hours of 8 a.m. to 11 p.m. All guests of an Event shall be off the property by 10:30
p.m.
All authorized Events shall start no sooner than 10 a.m. and6. Amplified Sound.
demonstrate through an acoustical analysis that noise generated during proposed
events will not exceed 65dB when measured at the property lines. Any Event
proposing outdoor amplified sound shall only be allowed from 10 a.m. to 10 p.m.
and shall be in compliance with the best practice guide for outdoor amplified sound.
The requirement for an acoustical analysis may be waived through an adjustment
(Section 22.70.030) when the distance from the event site to property line and any
neighboring residence outside the ownership of the event site is greater than onehalf
mile.
Outdoor amplified sound may only occur on sites which7. Lighting.
shielded so that neither the lamp nor the reflector interior surface is visible from any
off-site location..
Any proposed outdoor lighting used during events shall be downcast and8. Use of Structures
.a. Existing Structures.
are limited to existing structures that are permitted for commercial and public
assembly occupancy and are in compliance with American Disabilities Act
(ADA) where applicable. Any interior remodeling of an existing structure is
limited to that needed to meet building occupancy and ADA requirements
without expansion of the footprint. This requirement may be waived through an
adjustment (Section 22.70.030) when the applicable fire agency verifies in writing
that the proposed structure is adequate for safe egress and all other fire safety
concerns have been addressed.
The use of existing structures temporarily during eventsReferral Draft – Event Ordinance
September 2010
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b. New Structures.
approved through a Conditional Use Permit. All new structures proposed for
events shall be located off Class I and II soils as defined by the NRCS.
Event activities may only be allowed in new structures where9. Fugitive Dust
dirt roads and Events which proposed unpaved on- site access roads and parking
areas shall require the use of water trucks, sprinkler system or other practices
acceptable to the Air Pollution Control District, in sufficient quantities to prevent
airborne dust.
. Any proposed Events located on sites with access from unpavedC. Application content.
1. Public notice.
a. Prior to application submittal.
Conditional Use Permits shall include evidence that the applicable community
advisory group and all owners of real property as shown on the latest equalized
assessment roll within 1,000 feet of the subject site were notified of the request
at least 10 days prior to the submission of the land use permit to the county.
This notice shall be provided by the applicant sending a letter accompanied by
the form provided by the Department of Planning and Building.
Applications for Minor Use Permits andb. Public hearing notice.
Conditional Use Permit shall be provided to owners of property within a
minimum of 1,000 feet of the exterior boundaries of the proposed site, instead
of in the manner normally required for public hearings by Section 22.70.060.
Public notice may be required to be provided to properties greater than 1,000
feet away for certain applications at the discretion of the Director of Planning
and Building.
Public notice required for a Minor Use Permit or2. Fire Protection.
application form that sets forth adequate fire safety measures for the proposed
events. Facilities are to be provided as required by the applicable Fire Agency.
A fire safety plan shall be submitted with the land use permit3. Water Supply, Sanitation, and Food Preparation
Health Department shall be submitted with the land use permit application that sets
forth facilities that are required. The applicant is responsible for assuring that the
food vendors have proper certification.
. Approval from the CountyD. Required findings.
22.62.060.C.4, all Minor Use Permit and Conditional Use Permit applications for sites
located in the Agriculture land use category, or on or adjacent to lands currently in
agricultural production, shall be approved only where the Review Authority first finds
that:
In addition to the findings of fact required by SectionReferral Draft – Event Ordinance
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1.
continuing use of the site as a productive agricultural unit providing food or fiber;
and
Where an agricultural use exists on site, the proposed use will not affect the2.
establishment of agricultural uses on surrounding properties.
The proposed use will result in no detrimental effect upon the continuance or3.
been minimized to the maximum extent feasible, so as to not interfere with
agricultural production.
The area proposed for the event use, including parking, structures, access, etc., hasE. Exceptions.
modification, a
standards.
Except where Subsection B. sets a Conditional Use Permit forMinor Use Permit may be used to modify any of the site designF. Neighbor Notification
within a minimum of 1,000 feet of the exterior boundaries of the proposed site, through
a website or letter. If a website is used, notification shall be provided by letter of the
website address and the website shall be maintained and kept current at all times. If a
letter is used, it shall be delivered at least 30 days prior to each event occurrence. The
following information shall be provided:
1. A complete listing of all scheduled events including dates, times and number of
attendees.
2. 24-hour contact information for the operator, including e-mail and phone number,
to be used to notify the operator of issues with the operation.
3. Contact information for County Code Enforcement to be used if members of the
public have complaints about the operation.
. All Events shall provide notification to owners of propertyG. Violation.
of the provisions of this Section. The penalties for violation of this Section are set forth
in Chapter 22.74 of this Title (Enforcement). Additional penalties for violation of this
section may include revocation of the land use permit. A land use permit including any
Zoning Clearance may not be issued if there is an active violation on the site or if two
substantiated complaints have been received by the Department in any consecutive six
month period. If substantiated complaints have been received by the Department more
than two times in any consecutive six month period, this shall be grounds for revocation
of the Land Use Permit consistent with this Title.
It is unlawful for any person to use or allow the use of property in violationH. Guarantee of site restoration
an Agricultural, Limited or Special Event to guarantee site restoration after use, and
operation in compliance with the standards of this Chapter. The guarantee shall cover
both operation and restoration, and is subject to the provisions of Section 22.02.060 or
(Guarantees of Performance).
. A bond or cash deposit may be required for approval ofReferral Draft – Event Ordinance
September 2010
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I. Effect on existing exempt temporary events.
were exempt pursuant to Section 22.30.610 may continue to hold events for one year
from the effective date of this section (_________________, 20___). Within one year
of the effective date specified above, all event sites shall be brought into compliance
with the standards and permit requirements set forth in this Section. Event sites which
are not in compliance with the standards and permits of this Section after the effective
date specified above, shall be in violation and shall be subject to the penalties of Chapter
22.74 (Enforcement) of this Title.
Any site holding temporary events thatJ. Insurance and Indemnity Requirements.
Treasurer-Tax Collector’s Office, the licensee will provide to the County properly
executed certificates of insurance clearly evidencing the coverage, limits, and
endorsements specified in this license. Further, at the County’s request, the licensee will
provide certified copies of the insurance policies within thirty days of request. The
approval of the insurance required under this section shall not relieve or decrease the
extent to which the licensee may be held responsible for payment of damages resulting
from the event license. The tax collector shall not issue the license for an Event until
the documents described in this subsection have been filed with the tax collector in a
form approved by the Risk Management of the county.
1. A signed statement stating the licensee shall defend, indemnify and hold harmless
the County, its officers and employees from all claims, demands, damages, costs,
expenses, judgments, attorney fees, or other losses that may be asserted by any
person or entity, including Licensee, and that arise out of or are made in connection
with the Event license. The obligation to indemnity shall be effective and shall
extend to all such claims or losses in their entirety. However, this indemnity will not
extend to any claims or losses arising out of the sole negligence or willful
misconduct of the County, its officers and employees.
2. Copies of insurance policies, together with certificates of insurance executed by an
authorized representative of the insurance carrier, showing coverage in accordance
with the following requirements:
a. Licensee, at its sole cost, shall purchase and maintain the insurance policies
required for the event license. Insurance policy types and limits will be
established on a case-by-case basis depending on the scope of the license issued.
All of the insurance companies providing insurance for Licensee shall have, and
provide evidence of, an A.M. Best & Co. rating of A:VII or above, unless an
exception is granted by Risk Manager. Generally, all Event licenses will require
commercial general liability and business auto liability insurance; and Workers’
Compensation insurance if required by law. Other insurance could be required
if special circumstances warrant. All commercial general liability polices required
in connection with an Event license will include coverage at least as broad as set
forth in Insurance Services Office Commercial General Liability Coverage (CG
00 01) and endorsed with the following specific language or contain equivalent
language in the policy:
When a license is required by theReferral Draft – Event Ordinance
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(1) The County of San Luis Obispo, its officers and employees, is named as
an additional insured for all liability arising out of the operations by or
on behalf of the named insured in the performance of this Event
license.
(2). The insurance provided herein shall be considered primary coverage to
the County of San Luis Obispo with respect to any insurance or self
insured retention maintained by the County. Further, the County’s
insurance shall be considered excess insurance only and shall not be
called upon to contribute to this insurance.
(3) The policy shall not be cancelled or materially changed without first
giving thirty days prior written notice to the County.
b. All business automobile policies required in connection with a event license will
include coverage at least as broad as set forth in the liability section of Insurance
Services Office Business Auto Coverage (CA 00 01). Said insurance shall
include coverage for owned, non-owned, and hired vehicles. Policy shall be
endorsed with the following specific language or contain equivalent language in
the policy:
(1) The County of San Luis Obispo, its officers and employees, is named as
an additional insured for all liability arising out of the operations by or
on behalf of the named insured in the performance of the Event license.
(2) The policy shall not be cancelled or materially changed without first
giving thirty days prior written notice to the County.
c. Workers’ Compensation insurance, if required by law, will provide statutory
limits as required by State of California. Policy shall be endorsed to with the
following specific language or contain equivalent language in the policy:
(1) Licensee and its insurer shall waive all rights of subrogation against the
County, its officers and employees for workers’ compensation losses
arising out of the event license.
(2) The policy shall not be cancelled or materially changed without first
giving thirty days prior written notice to the County.
