La Canada Flintridge
City Zoning Code
City Zoning Code
CHAPTER 11
46 TEMPORARY USE PERMITS
§ 11.46.010 Purpose and intent.
The provisions of this chapter shall govern special events and temporary uses on private property. The provisions of this chapter shall not govern special events and temporary uses on public property. Special events and temporary uses within the public right-of-way or on public property shall be as governed by Chapter 4.05 of this code. The intent of this chapter is to accommodate reasonable requests for interim, temporary or seasonal uses within any zoning district, when such activities are desirable for the community in the short term but would have detrimental effects if allowed to continue on a permanent basis. Temporary uses generally do not have permanent structures associated with their use. Temporary uses allowed under this section shall be sensitive to the health, safety and general welfare of persons residing and working in the vicinity of their use, and shall be conducted so as not to cause any long-term detrimental effects on surrounding uses, properties or the community. The issuance of a temporary use permit does not confer any land use entitlement or property right to the holder of the permit.
(Ord. 408 § 4, 2012)
§ 11.46.020 Authority.
A temporary use permit may be approved, conditionally approved or denied administratively by the director of community development. The director may, at his or her discretion, refer such initial applications to the planning commission for determination.
(Ord. 408 § 4, 2012)
§ 11.46.030 Processing of major and master temporary uses.
Prior to commencement of a major or master temporary use listed in this chapter, a major or master temporary use permit must be approved by the community development director. A public hearing shall not be required for the approval and issuance of a temporary use permit; however, public notice of an approved event shall be provided prior to commencement of the use, as follows:
A.
An application for a temporary use permit shall be filed with the community development department at least 35 days prior to the proposed use. Applicants are encouraged to apply earlier for larger projects.
B.
The community development director shall render a decision at least 24 days prior to the proposed use.
C.
The decision shall be followed by the mailing or delivery of public notices to all property addresses within a 500 foot radius of the subject property.
D.
The public notice shall state the nature of the request, location and zoning designation of the property, name of the project proponent, the time and place of the proposed temporary use, the conditions placed on the use, and notice of a seven-day appeal period.
(Ord. 408 § 4, 2012)
§ 11.46.040 Processing of minor temporary uses.
Prior to commencement of a minor temporary use listed in this chapter, a minor temporary use permit must be approved by the community development director. A public hearing shall not be required for the approval and issuance of a minor temporary use permit. An application for a minor temporary use permit shall be filed with the community development department at least ten days prior to the proposed use. Notice of the director's determination shall be sent to the applicant prior to the commencement of the use. No other notice shall be required. The decision of the director shall be final.
(Ord. 408 § 4, 2012)
§ 11.46.050 Permitted temporary uses.
Temporary uses are divided into three general categories: major, minor and master. Major temporary uses include, but are not limited to, the following: may create health and safety concerns; may occur on undeveloped property; may create traffic problems and/or may disrupt community life if not properly conditioned or otherwise limited. Minor temporary uses include, but are not limited to, the following: occur on developed private property, generally commercial, for very short time periods; produce little noise; have no significant impacts to adjacent properties or to traffic and public safety. Master temporary uses are similar, in effect, to major temporary uses; however, they occur with more regularity and/or for much longer time periods.
A.
Major Temporary Uses. Major temporary uses include, but are not limited to, the following:
1.
Off-site contractors' construction yards in conjunction with an approved, active development project;
2.
Trailers, coaches or mobilehomes as a temporary residence of the property owner when a valid residential building permit is in force. The permit may be granted for up to two years, or upon expiration/finalization of the building permit, whichever occurs first;
3.
Christmas tree and pumpkin sales lots on vacant commercial property, or on parking lots of commercial, commercial segment of mixed use, or institutional lands (note: this chapter doesn't apply to public property);
4.
Outdoor temporary swap meets or auctions in commercial, mixed use, or institutional zones, limited to two events per calendar year, and not exceeding five consecutive days per event;
5.
Indoor and outdoor entertainment and assembly events in the commercial segment of mixed use, commercial or institutional zones including, but not limited to, fundraisers, retreats, fairs, circuses, festivals and concerts, when not held within premises designed to accommodate such events, such as: auditoriums, stadiums or other public assembly facilities, or private clubhouse facilities and excluding special events which are considered social events and approved through a separate city process;
6.
In residential zones or the residential segment of the mixed use zones:
a.
Temporary uses that are of a scale and use to have the ability to disrupt residential neighborhood character, may include some accessory commercial use, may increase traffic impacts, and generally last for more than a day, such as the "Showcase House" charitable event,
b.
Excludes noncommercial weddings and other single-day life events such as birthday parties, etc., from the requirement to obtain any type of temporary use permit,
c.
Except as allowed as a home occupation pursuant to Section 11.11.030(D) of this code, allowed pursuant to an issued filming permit, and allowed pursuant to subsection (A)(6)(a), commercial uses in the residential zone are prohibited.
B.
Minor Temporary Uses. Minor temporary uses do not impact improved parking areas and include, but are not limited to, the following:
1.
Outdoor display and sales of merchandise within commercial or mixed use land use districts, including "sidewalk" type sales not exceeding 30 days per calendar year per business or organization, and subject to the following provisions:
a.
Merchandise displayed or sold must be customarily sold on the premises by the permanently established business,
b.
All outdoor displays shall occur in front of or along side the subject store,
c.
The maximum number of consecutive days for any one event shall not exceed four calendar days,
d.
Set-up and take-down of tents, lighting, fencing, merchandise and/or items for the event shall not be counted towards the allowable event days per calendar year, except that set-up shall not exceed one day and take-down shall not exceed one day unless otherwise authorized by the community development director,
e.
Partial days shall count as full days;
2.
Public health and safety activities, including emergency clinics and temporary inoculation centers;
3.
Spotlights or searchlights identifying commercial events;
4.
Veterinary clinics on developed sites that are not in conjunction with a veterinary facility (i.e., pet store, groomer).
C.
Master Temporary Use Permits. These are generally reoccurring events at a reoccurring fixed location but without permanent structures. Master temporary uses include, but are not limited to, the following:
1.
Real estate offices and model homes within approved development projects limited to two years or until all dwelling units are sold, whichever occurs first;
2.
Outdoor swap meets, farmers markets or auctions, limited to one or two days per week and generally occurring weekly or with some frequency or regularity throughout the calendar year.
D.
Temporary Uses Not Listed. For other temporary uses not listed, the director of community development may, at his or her discretion, determine whether an unlisted temporary use should be classified as major, minor or master. This determination shall be based upon the similarities and differences with the above listed uses and an assessment of the proposed temporary use's compatibility with the zoning district and surrounding land uses.
(Ord. 408 § 4, 2012)
§ 11.46.060 Application.
Application for temporary use permits shall be filed on forms furnished by the community development department. Application for major or master temporary use permits shall be filed at least 35 days prior to the anticipated initiation of the use (for larger projects, anticipate more time). Applications for minor temporary use permits shall be filed at least ten days prior to initiation of the use. Applications for temporary uses shall contain the following information:
A.
The proposed location of the temporary use;
B.
The name, address and phone number of the party responsible for the temporary use;
C.
The number of persons who will be engaged in conducting the temporary use, if applicable;
D.
A plot plan showing the entire property to be used to conduct the temporary use, including detailed siting of any temporary facilities associated with the use, and the parking plan for the temporary use;
E.
A written description detailing the type and nature of the temporary use requested and the dates and hours of operation of the temporary use. In addition, provide information on how noise, garbage, sanitation, dust, and other impacts shall be mitigated as applicable;
F.
Agency approval sheet, signed by all agencies (as applicable);
G.
Filing fee;
H.
A completed property owner affidavit; and
I.
Such other information as may be required by the community development director.
(Ord. 408 § 4, 2012)
§ 11.46.070 Temporary use limitations.
All temporary uses shall have limitations on their use and the accessories associated with their activities. The following list is not all-inclusive and additional limitations may be applied at the discretion of the community development director.
A.
Canopies/Tents. Canopies/tents shall not be located within any public right-of-way.
B.
Banners.
1.
The maximum number shall be one banner per street frontage.
2.
The maximum area for each banner shall not exceed 24 square feet.
3.
The vertical dimension of a banner shall not exceed six feet and shall not be located more than eight feet above the ground, unless the banner is mounted to the face of the building.
C.
Food Services. Food services are allowed subject to all rules and regulations of the Los Angeles County Health Department.
D.
View Obstructions. Activities shall not substantially block, restrict or impair any of the following:
(Ord. 408 § 4, 2012)
§ 11.46.080 Findings.
The community development director may approve a temporary use permit application provided that all of the following findings of fact are made:
A.
The proposed site is adequate in size and shape to accommodate the temporary use;
B.
Adequate parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations acceptable to the community development director;
C.
The proposed use will not unreasonably jeopardize the public peace, safety or general welfare, or be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity.
(Ord. 408 § 4, 2012)
§ 11.46.090 Conditions of approval.
In approving an application for a temporary use permit, the community development director may impose such conditions as are deemed necessary to insure that the permit will be in accord with the findings required by Section 11.46.080. These conditions may involve any pertinent factors affecting the operation of the temporary use, and may include, but are not limited to, the following:
A.
Provision of adequate temporary off-street parking facilities, including vehicular access and egress as defined by the community development director;
B.
Regulation of nuisance factors such as, but not limited to, the prevention of glare or direct illumination onto adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gasses and heat;
C.
Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;
D.
Provision of sanitary and medical facilities;
E.
Provision of solid waste collection and disposal;
F.
Provision of security and safety measures;
G.
Regulation of signs;
H.
Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested, and limiting the hours for event set-up, break-down, and clean-up;
I.
Submission of a performance bond or other surety devices to ensure that any temporary facilities or structures used for such proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;
J.
Requirement that the approval of the temporary use permit is contingent upon compliance with applicable provisions of other ordinances or other agencies (e.g., Fire Department);
K.
Such other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accord with the intent and purpose of this chapter;
M.
Submission of additional services bond for the purpose of protecting, assisting and regulating the proposed event. The cost of providing such additional services shall be paid in advance to the city by the applicant;
N.
The applicant shall defend, indemnify, and hold harmless the city and its officers, agents, and employees from any claim, action or proceeding against the city or its officers, agents, or employees to attack, set aside, void, or annul approval of this permit;
O.
The applicant shall have a copy of the approved temporary use permit available on-site during the entire duration of the use;
P.
The temporary use shall conform to the city's community development department, building and safety division, public works department, Los Angeles County fire department, Los Angeles County sheriff's department, and the Los Angeles County environmental health department programs, regulations and requirements.
(Ord. 408 § 4, 2012)
§ 11.46.100 Appeals.
Appeals of temporary use permits shall be made directly to the city manager. Only parties receiving notice of the temporary use permit determination, including the applicant, may appeal the determination; and appeals must be made in writing within seven calendar days of the determination. Notice of such appeal must be filed in the office of the city clerk together with any required fees and shall be accompanied by a written statement setting forth the reasons for the appeal. Appeals of the city manager's determination may be made to the city council in the same manner and time as to the city manager.
(Ord. 408 § 4, 2012)
§ 11.46.110 Revocation.
A temporary use permit may be immediately revoked if the community development director finds that one or more of the following conditions exists:
A.
Circumstances have been changed by the applicant to such a degree that one or more of the findings of fact contained in Section 11.46.080 can no longer be made in a positive manner;
B.
The temporary use permit was obtained in a false, misleading or fraudulent manner;
C.
One or more conditions of the temporary use permit have not been fulfilled;
D.
The permittee, as determined by the community development director, or designee, is in violation of any law, or the activity endangers the public health, safety, or general welfare;
E.
The community development director determines that the use is, or has become, a nuisance.
(Ord. 408 § 4, 2012)
§ 11.46.120 Expiration.
Temporary use permits shall expire at the end of their approval period. No temporary use permit shall exceed a one-year approval period. Recurring temporary uses must be reapplied for each year.
(Ord. 408 § 4, 2012)