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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B3-116. Action by the Zoning Administrator.

(a) At the time and place set for public hearing on the application, the Zoning Administrator shall consider the recommendations of the Sheriff and the County officials investigating the application pursuant to Section B3-115(a) and all records, papers, files and any other relevant evidence. The Zoning Administrator shall either continue the hearing, hold the matter under advisement or render a decision granting or denying the application.

(b) The Zoning Administrator may refuse to issue a license, after consideration of the application, the recommendations of the Sheriff and the County officials investigating the application pursuant to Section B3-115(a) and any other relevant papers, records, and files, on any of the following grounds:

(1) The event or associated activity would be injurious to the public health, safety or welfare; or

(2) The proposed mode of operation of the event is not in compliance with the provisions of this chapter; or

(3) The person or organization applying for the license, or any officer or member thereof, or any owner of the real property upon which the event is proposed to occur has previously violated the provisions of this chapter or of any similar ordinance, law, rule or regulation of the County or another public agency that regulates circuses or entertainment events; or

(4) The applicant knowingly made a material misstatement of fact in the license application; or

(5) The activity is inconsistent with the applicable zoning regulations or any other law, ordinance or regulation.

(c) The Zoning Administrator shall deny a license application if a potential fire hazard or threat to life safety exists at the proposed location.

(d) If a license for a circus or entertainment event is approved, the Zoning Administrator may include such restrictions and conditions in the license as are reasonable and necessary under the circumstances to ensure compliance with the purposes and intent of this chapter, including, without limitation, that the parking area be graded, marked, or separated by physical barriers from the entertainment area; that a specified number of parking slots be maintained; that hours of operation be limited; that the applicant agree in writing to indemnify and defend the County for all costs or damages incurred related to the event; that the applicant provide proof of adequate insurance coverage; and that the applicant provide agreements and security in an amount, form and manner as are required to secure compliance with any or all of the conditions of the license.

(e) Upon approval of a circus or entertainment event license, the Zoning Administrator shall prepare and forward to the applicant written notice that a license has been granted, and a statement of any conditions attached thereto. A copy of such notice shall be sent to the Sheriff and the County officials investigating the application pursuant to Section B3-115(a). The Zoning Administrator's decision shall not become final until the 15-calendar-day period during which an appeal can be made to the Board of Supervisors has elapsed without an appeal having been filed.

(Ord. No. NS-502.7, § 3, 9-14-04)

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