None.

This urgency interim ordinance is necessary to address significant negative impacts caused by unpermitted commercial events within the County.  
  
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, the Temporary Events Ordinance of Contra Costa County. 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. These procedures are necessary to protect and promote the health, safety, and welfare of the public, temporary event participants, and nearby residents. Under Chapter 82-44, commercial events held on private property without a permit, and commercial events that violate the noise or amplified sound restrictions set forth in Chapter 82-44, are illegal.   
  
Over the prior year and especially within the last month, the number of unpermitted commercial events held on private property has 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. Ordinance No. 2022-16 establishes the following fine amounts for violations of Chapter 82-44: $150 for the first violation, $700 for a second violation occurring within three years of the first violation, and $2,500 for each additional violation occurring within three years of the first violation. Code enforcement officers have begun to issue increased fines to property owners for holding unpermitted commercial events and for other violations of Chapter 82-44.  
  
The Department of Conservation and Development is also preparing amendments to Chapter 82-44 that will hold commercial event organizers, in addition to property owners, liable for illegal commercial events; will authorize Sheriff’s deputies, in addition to code enforcement officers, to enforce Chapter 82-44; and ensure that commercial event organizers do not evade the requirements of Chapter 82-44 by characterizing these commercial events as non-commercial events exempt from the Temporary Events Ordinance's permit requirements.  
  
Staff recommends the Board adopt the proposed urgency ordinance while DCD prepares amendments to Chapter 82-44 of the County Ordinance Code. The amendments to Chapter 82-44 must be considered by the County Planning Commission before being considered for adoption by the Board of Supervisors, and will not go into effect until 30 days after adoption by the Board. Since the number of unpermitted commercial events held on private property has increased, and additional unpermitted events are likely to occur before the proposed amendments to Chapter 82-44 become effective, this urgency ordinance is necessary immediately to protect the public health, safety, and welfare.  
  
The proposed urgency ordinance includes the following provisions that will supplement the County’s current Temporary Events Ordinance (Chapter 82-44):

• An “event” is defined to mean an occasion on private property organized for a particular and limited purpose and time and is an organized outdoor assemblage that: exceeds 75 persons at a venue in a residential zoning district or at a residence in any other zoning district or on a vacant lot; or exceeds 150 persons at any other venue or location.
  • Currently, an outdoor assemblage of 150 persons or fewer on a vacant lot is not considered an event.
• An event that requires paid admission or charges for parking or that is open or advertised to the general public is presumed to be a commercial event.
• No commercial event may be held on private property without a permit issued under Chapter 82-44.
• No event may exceed the noise levels specified in Chapter 82-44, as shown in TABLE A below.
• A person violates this urgency ordinance or Chapter 82-44 if:
  • an event that violates this ordinance or Chapter 82-44 is held on property that the person owns, rents, leases, or otherwise has possession of, regardless of whether the person is present when the violation occurs; or
  • an event that the person organizes, supervises, sponsors, conducts, allows, or controls violates this ordinance or Chapter 82-44.
• County code enforcement officers and Sheriff’s deputies are authorized to enforce this ordinance and Chapter 82-44.
  • Currently, only code enforcement officers are authorized to enforce Chapter 82-44.

The failure to adopt this urgency ordinance may result in continued significant negative impacts caused by unpermitted commercial events that adversely affect the general health, safety, and welfare of County residents.

Speakers:  Susanne Thompson; Fred, Discovery Bay; Caller 9913; No Name Given;No Name Given; Mike; Patti Ryland;David Sondergeld; Jeff Dellner; Theo Martinez; Pete Bennett.