It’s back to the drawing board in an effort to make this code wildomar’s own
Wednesday evening the wildomar planning commission tabled item #2.2 Zoning Ordinance Amendment No. 16-01: review of a proposed amendment to the Wildomar Municipal Code to revise the provisions of Chapter 17.256 related to temporary event permits.
(For the 99.99 percent of citizenry the did not attend this meeting the agenda packet can be downloaded from the city website)
http://www.cityofwildomar.org/uploads/files/minutes/04-06-16-pap.pdf
This item will be brought back to the planning commission in the not too distant future with revisions brought on by discussions with a couple of members of the public and questions pondered by members of the commission.
Some of the questions asked concern the times being allowed for event noise to occur. The current city code allows event noise to occur from 6:00 am until 2:00 am (the next day) – 7 days a week.
The consensus seemed to be that noise be curtailed earlier on workdays (maybe 11:00 pm). With a start time not earlier than 7:00 am rather than the 6:00 am as stated in the current code.
This is after all a bedroom community with the mean drive time to work being 36 minutes, a number of people start out at 4:00 am .
Another item brought up was adding a section to the code entitled Event Accessibility: Event organizers should be aware of their responsibility to ensure that their events are accessible to members of the public with disabilities pursuant to applicable provisions contained in the Americans with Disabilities Act (ADA) and related non-discrimination laws. The City will work collaboratively with event sponsors and citizens, as resources permit, to ensure maximum feasible accessibility.
This item was poo-pooed because it is not required to be in the code. The question remains “Why Not” add it to the code, after all the claims made to updating the current code is so that it becomes WILDOMAR’S CODE. Nothing prevents the city from adding this to the WILDOMAR CODE as numerous cities have.
Additionally it was brought up that notice should be given to area residents prior to granting a “temporary event permit” so they can voice their concerns and appeal the issuance of the permit.
Again poo-pooed because this is not required by current law. Again nothing prevents the city from adding this to the WILDOMAR CODE. Our own “Special Events Application & Permit Form” contain this requirement on line Page 10 Section 5: Applicant agrees to notify all residents and businesses that will be affected by the street closure and/or amplified sound.
Many cities require a radius map (distances from 300 -1000 ft) with parcels and addresses be submitted along with either mailing labels and postage or an affidavit stating flyers were delivered to each address on the map.
Another bone of contention is the requiring of churches and schools to apply for “Special Events Permits” from the city. The feeling is “its just not done”.
Well maybe it’s time, schools have a free rein when it comes to education related events but when one reads
EDUCATION CODE SECTION 17527-17535
17533. A local agency having general planning jurisdiction may
require adherence to appropriate zoning ordinances, use permits,
construction or safety codes, by a school district seeking to lease a
portion of a school building for uses other than public or
education-related uses.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&group=17001-18000&file=17527-17535
The same applies to church properties.
Anytime these facilities open themselves up by advertising an event to the public and could potentially affect traffic around there facilities they should be required to adhere to the “Special Events Permit” requirements.
Coincidentally on the weekend of March 26-27 two events occurred for which many of the neighbors knew nothing about until the group’s holding the events started setting up. One of these events resulted in wildomar’s private park security being summoned to quiet the music, that event had no permit. Another concern was neither event provided their own porta-potties.
When asked about the cost of appealing the permit process for which one is referred to another Municipal Code 3.44 where in it states Chapter 3.44 FEES Article II. Fee Schedules 3.44.210 Land use fees. 1. Appeals to Planning Commission or City Council, Planning Department of $910.
No answer was forthcoming, why.
It appeared to be the view of city staff that only the applicant should be allowed to appeal and the citizens would just have to deal with it.
Maybe city staff should have to read their own work because in Section 17.256.035 Temporary Event Standards, sub-section
E. Appeals. An applicant or, any interested person, may appeal the decision of
the Planning Director to the City Council within 10 days of the date of the
decision. The appeal shall be made on the forms provided by the Planning
Department and shall be accompanied by the filing fee set forth in Chapter
3.44. Upon receipt of a completed appeal form, the City Clerk shall set the
matter for hearing before the City Council not less than five nor more than 30
days thereafter and shall give written notice of the hearing to the appellant and
the Planning Director. The City Council shall render its decision within 30 days
following the close of the appeal hearing. (Ord. 18 § 2, 2008, WMC §
17.256.030)
Again, back to notice to area residents, the above code section (in red) clearly states INTERESTED PERSONS may appeal the decision of the Planning Director to the City Council within 10 days of the date of the decision. How are you going to appeal what you don’t know about.