San Luis Obispo County Grand Jury • 2012-2013

An Event Is An Event—An Impact Is An Impact San Luis Obispo County Proposed Events Ordinance Amendment 2012/2013 San*

Published: June 06, 2013 32 pages

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Findings 13 findings

The existing temporary events ordinance is outdated (1980). The Planning Department is operating and making decisions based on decades-old guidelines that have not kept pace with the changing realities and technologies of commercial (for-profit) and non-profit outdoor events.

The current permit process needs to be streamlined.

The Planning Commission and Board of Supervisors have received input from public groups, individuals, industry groups and special interest groups about the Events Ordinance Amendments over the last eight years.

All events have the potential of adversely impacting the community and environment.

Events are presently not equitably regulated. There are three types of events, (1) permitted (2) exempted or (3) those events where sponsors fail to apply for a permit.

Code enforcement pertains only to permitted events. Events that are exempt from the permit process or where sponsors fail to apply for a permit are not subject to code enforcement.

There can be no code enforcement without specific event guidelines defined in the ordinance.

On the Planning Department's website, the "Questions and Complaints" link fails to specify how the complaint will be handled, i.e., the response time and subsequent follow up contact information.

The Planning Department does not maintain a log of all code enforcement complaints received nor how and when they were resolved along with a description of actions taken.

F10

The Planning Department does not have a policy as to how long it takes to initially respond to a complaint.

F11

During the day of permitted events, several County and State agencies, i.e., Public Works, Health Department and CAL FIRE, make on-site inspections. Event sponsors who do not go through the permit process (exempted events and those who fail to apply for a permit) have no required on-site safety inspections.

F12

In the absence of specific guidelines, some event sponsors have taken on the responsibility to mitigate public concerns and public safety as a priority in their event planning.

F13

Not all regulations can be applied equally to all venues.

Recommendations 5

R1

Public events. No land use permit is required for: a. Events occurring in approved theaters, convention centers, meeting halls or other approved public assembly facilities; or b. 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, provided that the event is conducted in compliance with all applicable provisions of this Title; or c. Other free admission events which are eight hours or less in duration and are operated by non-profit organizations.
R2

Commercial entertainment. Commercial outdoor entertainment activities are subject to the permit requirements and standards of Chapter 6.56 of the County Code (Temporary Commercial Outdoor Entertainment Licenses).
R3

Parades. Parades and other temporary events within the public right-of-way are not subject to land use permit requirements, provided that all requirements of the County Public Works Department and County Sheriff are met.
R4

Temporary camps. Temporary camps as a principal use or accessory to another temporary event are subject to the permit requirements and other provisions of Chapter 8.64 of the County Code. B. Time limit. A temporary event shall be held in a single location for no longer than 12 consecutive days, or four successive weekends, except where a different time limit is established by other applicable provisions of the County Code or through Minor Use Permit approval. C. Location. The site of any temporary event other than public events and parades shall be located no closer than 1000 feet to any Residential Single-Family land use category. D. Site design standards. All temporary events are subject to the following standards, regardless of whether a land use permit is required, except where alternate standards are established by Chapters 6.56 or 8.64 of the County Code.
R13-20

event days/year; 175-250 Public events (except for public attendees; approval by Planning (MUP) assembly facilities; admission free Director or designee events on public land; admission free, <8 hours, run by non-profit organization); Commercial entertainment; Parades; Temporary camps 2. Conditional Use >20 event day/year; >250 attendees; Permit (CUP) approval by Planning Commission Grandfather Clause May continue to hold such exempt Exempt events for one year from the effective date of this Section; within one year of the effective date of the adoption of the revised ordinance, all event sites shall be brought into compliance with the standards and permit requirement. Non-profit Events No permit required for non-profit Non-profit event is defined as an events w/less than 3K attendees Event where all of the following and for events > 3K at Avila Beach occur: there is no fee or charge for Golf Resort the use of the venue/event site, the event is sponsored by a non-profit org and 100% of the proceeds collected after operational expenses are met go to the sponsoring non- profit Non-profit events: ministerial permit—comply with all standards in the ordinance; unlimited number of events of < 175 attendees/day For-profit and non-profit events are subject to the permit requirements and all applicable standards of the ordinance. Time Limit Case-by-case MUP and CUP time limits not less than 3 years; determination based on site location; neighborhood capacity and compatibility; the suitability of the site for ongoing events; and the investment made in the property to meet requirements Site no closer than 1000 feet to any Meticulous setback conditions for Location residence rural, urban/village and riparian areas Site Access Minimum of 2 unobstructed access 2 unobstructed vehicle access points, points, minimum 18' wide to a 20' wide to a public road; meet public road current County Public Works standards for driveway approaches and sight distance; site vehicle circulation with signage must meet Fire Agency requirement Parking Off-street parking consisting of a One parking space per 2.5 attendees; open area with a slope of < 10%; free minimum open area with a slope of < 10%; 400 sq. feet per car, free of of combustible material and not on combustible material, on a lot free Class I soils. Parking on public roads of combustible material and off-site parking restrictions Traffic Control >500 attendees, submit a traffic None control plan to appropriate agency (Caltrans, CHP and/or Public Works) for issuance of an encroachment permit. >500 attendees—submit a report/plan prepared by a California registered engineer including a Roadway Safety Analysis (RSA) Notification Mail or website notification of the None event to Planning, Sheriff's offices, Air Pollution Control District, property owners, occupants w/in a 1000 ft. of the exterior boundaries of the proposed site. Provide full disclosure of events and contact numbers. Hours of Operation None 10 am – 10 pm Amplified Sound None 65 dB when measured at the property line Outdoor lighting shall be downcast Lighting None and shielded so that neither the lamp nor the reflector interior surface is visible from any off-site location. Use of Structures ADA compliance for commercial and None public assembly occupancy. Existing structures used <15 days per year does not require a permit for conversions. Consideration given to historic buildings (> 50 years old). Guidelines provided for proposed new structures Fugitive Dust None Dust control monitor on duty at events Site Restoration Bond or cash deposit. Guarantee Bond or cash to guarantee site Guarantee shall cover both operation and restoration after use and operation in compliance with the standards of the restoration. ordinance. Violation None Revocation of land use permit upon receipt of 2 or more substantiated complaints in any consecutive six month period. Insurance and None Business License may be required by Indemnity the Treasurer-Tax Collector's Office >3000 attendees—Proof of required Requirements insurance coverage and County indemnification; business automobile insurance; Workers' Compensation

Conclusions 1

CL1

Seems Like a Really Long Time The existing Temporary Events Ordinance originated in 1980. Although it has been revisited for a couple of amendments, it has not been overhauled for 33 years during which time there has been an increase in the variety of outdoor events, the number of venues and attendees as well as 4 Uniquely SLO Vision Statement, website: http://www.sloevc.org/slo-county- business/uniquely-slo-county-.php 5 Uniquely SLO, June 6, 2010, Report No. 2, Highlights from Cluster Employer Meetings, Economic Strategy for San Luis Obispo County prepared for Economic Vitality Corporation of San Luis Obispo County prepared by Collaborative Economics, Inc., p. 5. the corresponding impacts on neighboring communities. The existing Temporary Events Ordinance is outmoded, brief, vague and obsolete. It also does not address many of the specific issues that affect neighbors who reside near properties where outdoor events are held. The fact that a revised events ordinance has taken over eight years to produce and is still not adopted, is testament to its complexity. The Planning Department staff took advantage of the opportunity to thoroughly update the ordinance by addressing past and current concerns and incorporating "best practices" in their field while continuing to gather input from a wide variety of stakeholders. Major contributing factors for the delay in revising the events ordinance are 1) turnovers in elected officials, their appointees and staff and 2) shifts in the priorities of the stakeholders. Moreover, the ordinance review process itself is lengthy, accounting for some of the delay. The Grand Jury appreciates the challenges facing the Board of Supervisors as they attempt to balance the economic benefits of popular events to the County as a whole while recognizing the impacts these events have on surrounding communities. As requested by the Board, on February 22, 2012, Planning Department staff met with Uniquely SLO and reviewed the proposed EOA. The Planning Department is optimistic that a proposed EOA will be presented to the Board in summer 2013.

* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.