For some strange reason, the surrounding business owners and/or residents of properties within proximity of Roscoe’s were NOT notified to allow input at the Planning Commissions recent Public Hearing. A violation of the law (Sec 15.58.060).
Is an on going ’special event’ spanning 3 months the intent of this section? Obviously not. (Sec 15.58.020)
Was the application filed 90 days prior to June 14th? N0. (Sec 15.58.040)
Here’s the relevant section of the Fullerton Municipal Code:
15.58.010. Intent and purpose.
The intent of this chapter is to identify special events and to specify the requirements and provisions for their approval regardless of the proposed location or zone classification. The requirements and provisions established for each special event are intended to ensure the general safety, health, and welfare of the community and to ensure that the temporary operation of the special event will be a compatible activity for the neighborhood in which it is located. (Ord. 2982, 2001)
A “special event” is an event that will be conducted outdoors to which the general public is admitted or invited. Such an event includes a carnival, festival, tent or car show, circus, parade, auction, rally, or a similar kind of temporary outdoor exhibition or performance. A temporary commercial activity, such as a “sidewalk” or parking lot sale, which is intended to promote the sale of merchandise from on-site businesses, shall not be considered a “special event.” (Ord. 2982, 2001)
15.58.040. Application for permit and fees.
A. An application for a special event permit must be on file with the Director of Development Services at least 90 days before the scheduled special event. The City Council may, by resolution, set appropriate fees for the filing of the application.
15.58.060. Procedure for review of application.
B. A permit for a special event proposed on all other types of private property shall not be issued without a review and approval of the application by the Planning Commission. Prior to the Planning Commission reviewing the application, the Director of Development Services shall do the following:
1. Consult with other departments of the city on the request.
2. Notify business owners and/or residents of properties within proximity of the proposed venue, stating the nature of the request, the date, time and location where the Planning Commission will review the request, and the opportunity for the public to comment on the request during that review.
3. State all reasonable concerns and issues identified by city staff and the general public when the Planning Commission reviews the request. (Ord. 2982, 2001)
All this begs the very obvious question: why is the City bending its own laws past the breaking point to accommodate Jack Franklyn and his outdoor nuisance? The City Manager and his planning staff are obviously doing this for a reason. What could it be?