A "temporary use" shall mean any activity or land use of a temporary nature that extends beyond what is expressly allowed by the applicable base zone in terms of use and development standards. The purpose of this Chapter is to establish a process to accommodate reasonable requests for approval of temporary uses for a limited period of time in locations where the proposed use may be desirable and appropriate due to the limited and short-term nature of the activity, and where the use would not otherwise be allowed within the applicable zone. The intent is to consider such requests on an individual basis to ensure that they will not be detrimental to the public health, safety, and general welfare; to surrounding properties; or to the community as a whole.

(Ord. No. 926, § 5, 1-3-2017)

A.

A Temporary Use Permit is required for any temporary use on private property that is proposed in a location where the use would not otherwise be allowed by the applicable zoning.

1.

A Minor Temporary Use Permit is required for the following activities:

a.

Off-Site construction parking and material storage associated with an approved permit for a development project.

b.

Outdoor retail sales related to holiday and seasonal activities held within a parking lot or off-site.

c.

The provision of up to ten off-street parking spaces for an off-site special event.

d.

A special event or other type of public assembly and entertainment activity of a temporary nature with 50 or fewer participants.

e.

A special event or other type of public assembly and entertainment activity of a temporary nature with more than 50 participants held in areas designated for quasi-public use on property subject to the Del Mar Specific Plan or Del Mar Hotel Specific Plan.

2.

A Major Temporary Use Permit is required for the following activities:

a.

The provision of 11 or more off-street parking spaces for an off-site special event.

b.

A special event or other type of public assembly and entertainment activity of a temporary nature with more than 50 participants.

c.

Any other temporary use as determined by the Director of Planning and Community Development that does not meet the criteria for administrative approval as a minor temporary use.

3.

A Temporary Use Permit may be requested via the Minor or Major permit approval process, as applicable, to allow for a recurring temporary use event to occur multiple times at a specified location within a one-year period.

4.

The maximum duration of time for each individual temporary use event shall be limited as appropriate to the type of activity and context of the location to ensure the use authorized by the permit remains temporary in nature.

B.

For the purpose of this Chapter, a "special event" shall mean public assembly and entertainment of a temporary nature for activities such as concerts, street fairs, festivals, sports, cultural, philanthropic and/or educational events; and other commercial events deemed similar by the decision maker.

C.

A Temporary Use Permit shall not be required for noncommercial events in a residential zone as customarily incidental and subordinate to the use and enjoyment of a home consistent with what is allowed as an accessory use in a residential zone, including "large assemblage" of more than 50 people on private property in a residential zone pursuant to an Operations Permit obtained in accordance with Chapter 6.52.

D.

Applications filed pursuant to this Chapter may also be subject to approval of other permit types in addition to the Temporary Use Permit.

1.

A Coastal Development Permit shall be obtained for uses that involve coastal development or potential impacts to coastal resources or public access pursuant to Chapter 30.75 (Coastal Development Permits) and that do not qualify for a permit exemption in accordance with Section 30.75.200.

2.

An Operations Permit shall be obtained for those uses that are subject to Title 6 (Operations Permits), including an Operations Permit for use of a public facility pursuant to Chapter 6.48 (Operations Permit: Commercial Use of Public Property).

3.

An Encroachment Permit shall be obtained for approval to encroach upon or use the public right-of-way pursuant to Chapter 23.28 (Encroachment Permits).

4.

An Administrative Sign Review Permit shall be obtained for any proposed temporary signage pursuant to Chapter 23.09 (Administrative Sign Review).

5.

An Electrical Permit shall be obtained if required pursuant to the California Building Code.

6.

A Temporary Food Facility Sponsor Permit shall be obtained from the County of San Diego Department of Environmental Health for any public event where food or consumable products will be sold, served, or given away to the public.

7.

If alcohol will be served at the event, then the applicant shall obtain the appropriate license from the State of California Department of Alcohol Beverage Control.

(Ord. No. 926, § 6, 1-3-2017; Ord. No. 933, § 1, 10-16-2017)

A.

An application for a Temporary Use Permit, Minor or Major, must be submitted in a form prescribed Director of Planning and Community Development and shall be accompanied by the following:

1.

An application fee, as set forth by resolution of the City Council.

2.

The applicant name(s), including organization(s) and principals within the organization applying for the Temporary Use Permit and written authorization by the property owner.

3.

The proposed dates, hours, and total time duration for the temporary use event.

4.

A detailed description of the temporary use event including:

a.

A site plan showing the property and location where the event will be held.

b.

An estimate of the number of persons who will attend.

c.

A list of all vendors who are anticipated to operate at the event.

d.

The proposed parking and traffic control plan for anticipated guests and vendors.

e.

The details of any arrangements for private security personnel, as applicable.

f.

The details of any live music or amplified sound planned for the event.

5.

The business license number (or vendor business license exemption request) for any vendors that will be a part of the temporary use event.

6.

Any additional information as may be required by the Director of Planning and Community Development to help the decision maker evaluate the request for a proposed temporary use event in accordance with Section 30.73.040.

B.

In addition to the information required by Subsection A., an application for a Major Temporary Use Permit shall provide information as necessary to meet the public notice requirement in accordance with Section 30.73.050.

(Ord. No. 926, § 7, 1-3-2017)

A.

A decision on an application for a Minor Temporary Use Permit shall be made by the Director of Planning and Community Development in accordance with Subsection C. The decision may be appealed to the City Council within five working days from the date the required public notice is posted in accordance with Subsection 30.73.050.A.

B.

A decision on an application for a Major Temporary Use Permit shall be made by the City Council in accordance with Subsection C.

C.

A Temporary Use Permit, Minor or Major, may be approved or conditionally approved only if the decision maker makes all of the following Findings for Approval:

1.

That the proposed site is adequate to accommodate the anticipated number of guests and vendors for the temporary use;

2.

That operation of the temporary use for a limited period of time consistent with the permit conditions will not be detrimental to the public health, safety, and welfare and will not adversely affect the surrounding neighborhood;

3.

That in consideration of the past and present use of the site, granting of the Temporary Use Permit would not authorize a permanent use to occur in conflict with the allowed uses of the applicable zone; and

4.

That operation of the temporary use would not adversely affect the community plan.

D.

The decision maker may impose conditions of approval on the Temporary Use Permit as deemed necessary to protect the public health, safety, and welfare and to ensure compliance with the findings supporting such approval. Conditions of approval may include, but are not limited to:

1.

Referral to Design Review Board;

2.

Hours of operation;

3.

Permit duration and expiration;

4.

Requirement for adequate temporary off-street parking facilities, including safe vehicular ingress and egress;

5.

Regulation of signs and advertising;

6.

Regulation of the use of live music or a public-address or sound system;

7.

Regulation of lighting, noise, gas, smoke, fumes, vibrations, and other nuisances;

8.

Requirement for restrooms;

9.

Requirement for security personnel;

10.

Regulation of temporary or permanent site improvements;

11.

Requirement for liability insurance and a "Hold Harmless" agreement to protect the City;

Requirement of bonds or other guarantees for cleanup and removal of structures or equipment to return the site to its state prior to the temporary use within a specified time period;

12.

Requirement of bonds or other guarantees for cleanup and removal of structures or equipment to return the site to its state prior to the temporary use within a specified time period; and

13.

Any other conditions as deemed necessary to protect the public health, safety, and welfare and minimize detrimental effects to surrounding properties.

E.

Performance Standards. The temporary uses allowed pursuant to this section shall at a minimum comply with the following standards:

1.

The applicant shall obtain all required permits, including those referenced in Subsection 30.73.020.D. as applicable.

2.

All lighting shall be directed and shielded away from adjacent residential areas.

3.

The temporary use shall be designed to accommodate safe pedestrian passage.

4.

The temporary use shall comply with any applicable requirement of the Fire Department.

5.

Prior to operation, the City shall conduct an inspection of the premise for compliance with any applicable code requirements.

6.

Upon termination of the temporary use or expiration of the Temporary Use Permit, whichever occurs first, the property owner and/or applicant are required to remove all temporary structures including fencing, temporary restrooms, and signage.

7.

The applicant shall return the site to its state prior to the temporary use, including the replacement or repair of any damaged landscaping or site improvements. Once an inspection of the premise has been completed by the City to verify compliance, any bonds and/or deposits that were collected will be returned.

F.

The Director of Planning and Community Development may approve a request for renewal of a Temporary Use Permit in accordance with Subsection A.

(Ord. No. 926, § 8, 1-3-2017; Ord. No. 933, § 2, 10-16-2017)

A.

Upon approval of a Minor Temporary Use Permit by the Director of Planning and Community Development, a notice shall be posted at City Hall and at the site of the temporary use for at least five working days to advise the public that the Director's approval may be appealed in accordance with Subsection 30.73.040.A.

B.

The applicant for a Major Temporary Use Permit shall provide notice for a Major Temporary Use Permit as follows:

1.

Notice of application shall be posted at City Hall and at the site of the temporary use (using a notification card provided by the City) within one working day of application submittal to notify the public that an application for a Major Temporary Use Permit was received;

2.

Notice of the City Council hearing shall be mailed at least ten days prior to the hearing to all owners identified on County Tax Assessors' rolls as owners of real property within 300 feet of the location of the proposed temporary use; and

3.

Notice of the City Council hearing shall be published at least ten days prior to the hearing in a newspaper of general circulation within the City.

C.

The required contents for the Notice of City Council hearing shall contain the date, place, and time set for the hearing and the following:

1.

The number assigned to the application;

2.

Applicant and property owner name;

3.

A description of the proposed temporary use and its location; and

4.

An explanation that the City Council may approve or conditionally approve the Temporary Use Permit application after making all of the findings for approval pursuant to Subsection 30.73.040.C.

(Ord. No. 926, § 9, 1-3-2017)

A.

The decision maker may set an expiration date for each Temporary Use Permit in accordance with Subsection 30.73.040.D. The Temporary Use Permit shall expire and become null and void on the expiration date specified in the permit, or if no expiration date is specified, the permit shall expire 30 calendar days after the final date authorized for the event to occur in accordance with the Temporary Use Permit.

B.

If exceptional circumstances exist, such as a change in the event dates due to inclement weather, additional time may be granted by the Director of Planning and Community Development to extend the Temporary Use Permit expiration if there is no change in circumstances that would otherwise render invalid the initial findings for approval made pursuant to Subsection 30.73.040.C.

(Ord. No. 926, § 10, 1-3-2017)