No person, business, or organization shall conduct Special Events – Outdoor Activity without having first applied for and obtained a special event permit pursuant to this section.
.010 "Special Events–Outdoor Activity". Any event, promotion or sale sponsored by a business, shopping center or organization, or as a fundraiser for a school or other charitable non-profit organization, which is held outside the confines of a building but on the same property, whether or not a business license is required, and which may include (or be limited to) the outdoor display of merchandise, rides, games, booths or similar amusement devices, whether or not a fee or admission is charged for such event.
.020 Exceptions. The following are not subject to a special event permit:
.0201 Traditional non-commercial holiday decorations; provided that the decorations do not contain advertising and comply with all applicable City Fire Codes.
.0202 The display of the flag of a nation, state, county or city or any official flag or banner of any bona fide religious or fraternal organization; provided, however, that no more than three such flags or banners shall be displayed at the same time at any single location within the City. The display of a business flag as defined in Section 18.44.030.085 may be permitted as one of the three flags subject to the provisions set forth in Section 18.44.065 (Business Flag) of Chapter 18.44 (Signs).
.0203 Private occasional parties which are not open to the public.
.030 Location - Special Events – Outdoor Activity. Special Events – Outdoor Activity may be allowed, subject to a special event permit, in the following locations:
.0301 Any property where the use is one for which a conditional use permit has been issued authorizing a use which is permitted or conditionally permitted in any commercial zone;
.0302 Any public or private elementary, junior high or senior high school;
.0303 Any location that has a conditional use permit for community and religious assembly.
.0304 For auto dealerships adjacent to a freeway that is over five (5) acres in size, the following special events may be permitted in locations approved by the Planning Services Division outside of landscaped setbacks, visitor parking areas and vehicular line of sight triangles:
.01 One weekend outdoor event each month.
.02 One canopy/tent to be erected for a period of one month, four times per year.
.03 One ground-mounted inflatable to be displayed for a period of one month, four times per year.
.04 Non-metallic balloons on displayed vehicles for sale.
.05 "Snow cone" banners with sign copy, or other merchandising material on light standards within vehicle display areas and light standards along the perimeter landscaping of each site.
.06 One banner with a maximum size of 120 square feet on each building elevation.
.040 Duration. Special Events – Outdoor Activity permits shall be permitted for the following time periods:
.0401 Unless otherwise expressly permitted by this Code, no Special Events – Outdoor Activity shall be issued for a period in excess of nine (9) consecutive calendar days.
.0401 No business or organization shall be issued more than four (4) special event permits during any calendar year.
.0402 Multiple addresses for one business shall not be utilized in order to acquire additional special event permits beyond the four (4) per year allowed.
.0403 Change of business ownership at an address shall not automatically entitle the new business owner to additional special event permits beyond the four (4) per year allowed.
.050 Regulations for Conduct of a Special Event.
.0501 Special Events – Outdoor Activity.
.01 Permitted Sales. The sale and display of products shall be directly related to the business located on the same property and said products shall constitute a minimum of twenty five percent (25%) of the total gross receipts of the business.
.02 Parking lots. If use of a parking area is intended, a site plan showing parking and fire lanes shall be submitted to determine that any use of the parking area serving the principal land use is not reduced below the parking reasonably required for such principal land use. Activities located in a parking area shall not obstruct any Americans with Disabilities Act (ADA) required paths of travel, including market walkways, and/or parking stalls. The site plan shall indicate the area proposed for the special event, including any area for installation or storage of all equipment. Special events are not permitted in or on parking structures.
.03 Height. No structure or amusement device or any fixed balloon shall exceed fifty (50) feet in height as measured from finished grade.
.04 Structures. Prior to erection of any structures, including tents and structures for amusement devices and rides, approval must be obtained from various City departments and divisions including, but not limited to, the Building Division, the Fire Department, and the Electrical Engineering Division (if the use of electricity is proposed). All applicable regulations shall be complied with. Rides, amusement devices or concessions shall not be put into operation until approved by the Fire Department and the Electrical Engineering Division.
.05 Temporary Living Quarters. Temporary living quarters or other temporary structures to provide security for the special event, such as trailers, vans, or motorhomes may be permitted on the premises solely at the discretion of the Planning Director, and shall be subject to inspection and approval of the Fire Department, Building Division and the Electrical Engineering Division to assure compliance with requirements of all related codes.
.06 Hours of Operation. The conduct of any special event (other than the display of temporary signs, flags, banners and fixed balloons) shall be confined to the hours when the business establishment or shopping center is normally open for business, and in no event shall the special event be operated before 7:00 a.m. or after 10:00 p.m. Outdoor activities that may adversely affect adjacent or nearby uses will not be permitted.
.07 Music. Live or amplified music shall comply with Anaheim Municipal Code Chapter 6.70 (Sound Pressure Levels) and shall not cause disturbance to surrounding uses.
.08 Signs. Outdoor events are permitted to display one sign advertising the outdoor event. Said sign shall be removed at the conclusion of the special event.
.060 Application for Permit. An application for a special event permit shall be filed on a form approved by the Planning Director. The application shall be filed with the Planning Department not less than fourteen (14) days prior to the opening date of any such event involving rides, games, booths, or similar amusement devices. An application for a permit involving only the display of any temporary signs, flags, banners, fixed balloons, trailers, Christmas tree lot or pumpkin patch or outdoor sales promotion shall be filed with the Planning Department at any time prior to said display.
.070 Issuance or Denial of Permit. If the Planning Department determines that all applicable provisions of the law and of the Anaheim Municipal Code, including the provisions of this section are, or will be, complied with, and that the granting of the permit will not be detrimental to the public health or safety, then a permit shall be issued; otherwise, the application shall be denied.
.080 Permit Fee. A fee may be charged per Chapter 18.80 (Fees); provided, however, that charitable, nonprofit organizations recognized as such by the State of California shall be exempt from payment of the fee except for carnivals, circuses, Christmas tree lots or pumpkin patches.
.090 Revocation of Permit. The Planning Director shall have the authority to revoke a special event permit if he or she finds and determines such action is in the public interest, safety or general welfare. A decision of the Planning Director may be appealed to the Planning Commission. Repeat violators of Special Event Permit requirements may be denied the issuance of future special event permits and may be subject to payment of community preservation inspection costs.
.100 Special Circumstances Waiver. The Planning Director shall have the authority to issue a special circumstances waiver to modify or waive any regulation contained in this section with regard to any specific application if the Planning Director finds and determines such modification or waiver would serve the public interest, safety or general welfare or that extraordinary circumstances are present.
.1001 Fees. Petitions for a special circumstances waiver shall be accompanied by the payment of a fee as set forth in Chapter 18.80 (Fees).
.1002 Time Period. The Planning Director shall render a decision on the petition for a special circumstances waiver within fourteen (14) days following receipt by the Planning Department of a complete application for review.
.1003 Notification. Upon rendering a decision with respect to a petition for a special circumstances waiver, the Planning Director shall notify the applicant and the City Clerk of such decision.
.1004 Decision. The decision of the Planning Director shall be final unless appealed pursuant to the provisions of Chapter 18.60 (Procedures).
.110 Penalty for Violations. Any violation of any provision of this chapter shall be an infraction punishable in accordance with applicable provisions of the California Penal Code. Failure of any permittee to conform to all applicable provisions of this chapter shall constitute sufficient grounds for denial of a subsequent permit under this chapter. (Ord. 6526 § 20; February 15, 2022.)