Gardena City Zoning Code

The intent of this chapter is to provide a process for reviewing and acting upon proposed temporary uses and temporary events at specific locations that would otherwise be inappropriate as classified uses on a permanent basis. A temporary use permit or temporary event permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district, but may be considered acceptable because of the temporary nature. It is further the intent to avoid incompatibility between such temporary activities and the surrounding areas by regulating such activities so as to prevent or mitigate adverse effects associated with or resulting from such temporary uses.

Temporary use and temporary event permits are in addition to any other required city approvals, licenses, and inspections required by applicable laws or regulations.

The following temporary uses may be allowed upon approval of a temporary use permit issued by the community development director:

When a request for an extension of time within which to comply with any requirement or condition imposed pursuant to the provisions of this chapter is filed for approval, a fee in an amount established by city council resolution shall be paid for the purpose of defraying the costs incidental to the processing of such request.

Temporary Events. The following events may be allowed upon approval of a temporary event permit by the community development director and as summarized in Table 18.60-1 below:

Except for certified farmer's markets and walk-up food distribution events in conjunction with a nonprofit, there may not be more than twelve temporary events of any combination that takes place at any single property address in a twelve-month period.

Alcohol sales and service may be allowed where the applicant has obtained the required permit from the Department of Alcoholic Beverage Control by the time of the event.

Food and drink sales and service may be allowed provided they are served in compliance with applicable laws, including required permits for sale or distribution of food and drinks.

An application for both a temporary use permit or temporary event permit shall be filed by the owner, lessee or other person having the right to the possession of the land for which the permit is sought. At a minimum, the application for either of these permits shall contain the following information:

Applications for temporary events shall include the following additional information:

Filing Fees. The applicant shall pay a filing fee established by city council resolution to defray the costs incurred by the city in processing the temporary use permit application.

Indemnification. The applicant shall be required to sign an indemnification and/or hold harmless agreement with the city.

Timing of Application. Applications which are filed within the following time frames shall be acted upon by the director at least one day before the scheduled event.

No application shall be accepted and processed unless all of the required information is provided and completed, as required by this chapter.

The director shall review the application, consult with those departments of the city which might have an interest in or jurisdiction over some aspect of the proposed temporary use, and make any necessary investigation.

After review and consultation, the director shall approve, conditionally approve, or deny the application for the temporary use or temporary event permit.

In approving an application, the director may impose such conditions as deemed necessary to protect the public health, safety and welfare in order to make the required findings set forth in Section 18.60.080. Such conditions may involve any pertinent factors affecting the operation of such temporary activity. In addition to such other conditions as the director may impose, it shall also be deemed a condition of every temporary use or temporary event permit, whether such condition is set forth in the permit or not, that such approval shall not authorize the construction, establishment, alteration, moving onto, or enlargement of any permanent building, structure or facility.

The proposed site is adequate in size and shape to accommodate such temporary activity without material detriment to the use, enjoyment or valuation of the property of other persons located in the vicinity of the site;

Sufficient off-street parking spaces, which may include off-site locations, shuttles, or valet parking, are provided;

The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary activity will or could reasonably generate;

The proposed activity will not interfere with any other temporary activity for which a permit has already been approved or with the provision of city services in support of other scheduled activities;

The use or event will comply with all applicable provisions of local, state and federal laws and regulations;

The proposed activity will not be detrimental to the public peace, health, safety or welfare;

None of the grounds set forth in Section 18.60.090 exist.

The information contained in the application or supplemental information requested from the applicant is found to be materially false, or such information is incomplete;

The applicant or the person or entity on whose behalf the application for the permit was made has failed to conduct a previously authorized activity in accordance with the law or the terms of the permit, or both;

The applicant or the person or entity on whose behalf the application for permit was made, has outstanding and unpaid debts to the city;

The applicant fails to complete the indemnification and hold harmless requirements as prescribed by this chapter; or

Where conditions of a previous temporary use or temporary event permit issued to the applicant were violated, or where any city ordinance, rule or regulation was violated within the past twenty-four months.

The following temporary activities shall be exempt from the provisions of this chapter:

This chapter shall also not apply to the outdoor display of merchandise located within ten feet of the main structure provided that the total display area is not located in any parking space, does not interfere with required pedestrian access, and does not create a public safety issue.

The director may revoke or suspend, in whole or in part, a temporary event or temporary use permit at any time if the director finds: (1) the activity constitutes a public nuisance or disturbs the peace; (2) the activity is injurious to the public peace, health, safety or welfare; (3) the activity is conducted contrary to the permit, permit conditions, any state or city law or rules and regulations adopted by the city council or the city manager, or director governing special events; (4) the applicant, or his or her agent(s) or representatives, has willfully made false or misleading statements in the application or any other document required pursuant to this chapter.

Revocation or suspension shall become effective immediately upon delivery of a written notice to the person in immediate charge of the activity or portion thereof affected by such act. The notice of such revocation or suspension shall specify the reasons therefor. The director may, for good cause, cancel and make null and void any revocation or suspension action, or written notice ordering the same, but in all cases he or she shall promptly take such steps as are necessary to inform appropriate city officials of the action taken, and of the reason or reasons therefor.

Upon revocation or suspension of a temporary use or temporary event permit, the permittee and any parties under the permittee's control shall immediately cease operation of the activities subject to revocation or suspension. In the event that the permit is suspended, the permittee may resume operation once the suspension period has expired or canceled.

Any person or body, public or private, may appeal the decision of the director to the city manager. Such appeal shall be filed with the planning division within ten days after the date of the decision of the director. Upon the receipt of such an appeal, the city manager or the city manager's designee shall hold a hearing no later than the third business day after the filing of the appeal, and will render a written decision no later than the next business day after hearing the appeal. The city manager's decision is final. The written decision of the city manager shall be served upon the applicant or permittee.

A fee shall be paid at the time of the filing of the notice of appeal.