Home Contra Costa County Contra Costa County Set to Tackle Unpermitted Commercial Temporary Events

Contra Costa County Set to Tackle Unpermitted Commercial Temporary Events

by ECT
Contra Costa County Seal

On Tuesday, the Contra Costa County Board of Supervisors will discuss an urgency interim ordinance extending through July 7, 2023 on a prohibition on unpermitted commercial temporary events while establishing new enforcement mechanisms.

The Board of Supervisors previous approved the ordinance back on June 7 which is aimed to address significant negative impacts caused by from an increase in unpermitted commercial events within the County.

According to the Staff Report:

In recent months, 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 impact 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.  

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.

To assist with its enforcement efforts, DCD is in the process of hiring additional staff in its Code Enforcement program. Two additional Code Enforcement inspectors have been added to the program within the past month, and DCD expects to add a third inspector to Code Enforcement during the month of July.

This will restore the Code Enforcement program to its full staffing level.

 

TABLE A: ALLOWABLE EXTERIOR NOISE LEVELS
Cumulative Duration of Noise9 a.m. – 8 p.m.8 p.m. – 10 p.m.
30 minutes per hour60 dBA55 dBA
15 minutes per hour65 dBA60 dBA
5 minutes per hour70 dBA65 dBA
1 minute per hour75 dBA70 dBA
Level not to be exceeded at any time80 dBA75 dBA

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.

Revised Fine and Administrative Penalty Amounts per Ordinance No. 2022-16

General Code Violations

  1. $100 for a first violation (unchanged)
  2. $200 for a second violation of the same ordinance within one year (unchanged)
  3. $500 for each additional violation of the same ordinance within one year (unchanged)

Violations of Building and Safety Codes

  1. $130 for a first violation ($100 currently)
  2. $700 for a second violation within one year ($500 currently)
  3. $1,300 for each additional violation of the same ordinance within one year ($1,000 currently)
  4. $2,500 for each additional violation of the same ordinance within two years for certain violations related to commercial properties (NEW)

Violation of Event Permit Requirements (NEW)

  1. $150 for a first violation of an event permit requirement
  2. $700 for a second occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation
  3. $2,500 for each additional occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation

Violation of the County’s Short-term Rental Ordinance (Ordinance Code Chapter 88-32) (NEW)

  1. $100 for a first violation for failure to register or pay a business license fee
  2. $1,500 for a first violation of Chapter 88-32, except for failure to register or pay a business license fee
  3. $3,000 for a second violation of Chapter 88-32 within one year of the first violation
  4. $5,000 for each additional violation of Chapter 88-32 within one year of the first violation

Contra Costa County Board of Supervisor Meeting
July 12, 202 at 9:00 am
Agenda: Click here

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