Monterey Park City Zoning Code
CHAPTER 21
28 TEMPORARY USES
§ 21.28.010 Generally.
Temporary use permits shall be required for all of the activities enumerated in Section 21.28.020 and all activities found similar or related thereto, except such activities sponsored by the City, or sponsored by a school district if conducted on the premises of such district. The activities, being temporary in nature, possess characteristics of such unique and special form as to make impractical their operation without specific approval, upon such conditions as may be deemed appropriate, in the manner hereinafter set forth in this chapter.
(Ord. 2097 § 3, 2013)
§ 21.28.020 Activities Designated-Permit Duration-Issuance.
(A)
No person shall sponsor, participate or engage in any of the following enumerated activities, without first obtaining a temporary use permit therefor, issued by the City Planner:
(1)
Circuses;
(2)
Carnivals;
(3)
Fairs;
(4)
Temporary outdoor exhibits of equipment, goods or services, excepting retail or wholesale sales permitted under other provisions of this code;
(5)
Aircraft and helicopter landings and demonstrations; parachutist demonstrations;
(6)
Outdoor public parades, marches, or similar demonstrations or gatherings of more than 25 people;
(7)
The indoor and outdoor sale of Christmas trees or pumpkins, except when such sales are in conjunction with an established commercial business, holding a valid City business license; provided such activity shall be permitted for a period not in excess of 30 consecutive calendar days;
(8)
Temporary outdoor display and sales of merchandise in any C Zone provided that:
(a)
There shall be no more than six such displays and sales in any calendar year,
(b)
Such sales shall be at least seven days apart and are not conducted for a period of more than four consecutive days,
(c)
Such merchandise is customarily sold on premises and such premises are utilized for a permanently established business;
(9)
Promotional sales, fundraising sales or events and promotional events, as defined in Chapter 21.04, conducted in the C or O-P Zones, which lot is utilized by an existing use authorized by the zoning regulations contained in this title, provided that:
(10)
Mobile food truck off-street venues.
(C)
No person shall engage or participate in any of the above-mentioned activities for a longer period of time than set forth above, without first obtaining a conditional use permit therefor.
(E)
The issuance of a temporary use permit, pursuant to this chapter, shall not be deemed a waiver of any requirement of any other provision of this code.
(F)
Any tent or membrane structure enclosing more than 400 square feet of area shall be first permitted by the Fire Department.
(Ord. 2097 § 3, 2013; Ord. 2146 § 6, 2018; Ord. 2228 § 5, 2023)
§ 21.28.025 Mobile Food Truck Off-Street Venues.
(A)
Purpose. This section ensures that off-street food truck venues are compatible with surrounding and adjacent uses and do not create an adverse impact on adjacent properties by reason of noise, parking and litter.
(B)
Applicability. All new off-street food truck venues must comply with all regulations within this code governing mobile food facilities and this section. Persons seeking a temporary use permit issued by this chapter must comply with this section. A "food truck" for purposes of this section constitutes a mobile food facility as defined in Chapter 6.05 of this code.
(C)
Minimum Parcel Size. Fifteen thousand square feet.
(D)
Maximum Number of Food Trucks. One food truck per 2,000 square feet of parcel area.
(E)
Days and Hours of Operation. No food truck venues can operate more than three days per week or before 8:00 a.m. or after 11:00 p.m., including set-up and clean-up. The days and hours of operation of individual food truck venues within these limitations will be determined on a case-by-case basis, subject to the City Planner's approval or Planning Commission approval on appeal.
(F)
Seating Area. A maximum 200 square foot seating area may be provided. Any seating areas must be removed before closure of the food truck venue for the day.
(G)
Parking. A minimum of two off-street parking spaces per food truck is required. A minimum of 10 bicycle parking spaces must also be provided. Barricades must be placed to prevent vehicles from entering the food truck vending and seating area. The off-street parking layout, bicycle parking and placement of the barricades are subject to the approval of the City Planner and Police Chief.
(H)
Refuse and Recycling. In addition to other requirements of this code, solid waste and recycling containers must be provided on-site during all hours of food truck operations. The refuse and recycling plan must be approved by the Public Works Director, or designee. All solid waste generated by the food truck operations must be picked up within a minimum of a 300 foot radius of the site before closure of the food truck venue.
(I)
Food Truck Venue Operations. The operation must be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking, odor or other actions. The permittee must control noisy patrons on-site and those leaving the premises. Amplified music and loudspeakers are prohibited.
(J)
Health Permit. Each food truck must be properly licensed by the Los Angeles County Department of Public Health as provided by this code.
(K)
Maximum Term. Unless extended by the City Council resolution, the term of any permit authorized by this section for food truck venues may not exceed three years.
(L)
Structures. Structures requiring a building permit are prohibited.
(Ord. 2146 § 7, 2018)
§ 21.28.030 Fees-Exemptions.
(A)
A written application for a temporary permit shall be filed with the City Planner containing the following information:
(1)
Name of applicant (including the names and addresses of all principals, partners or officers);
(2)
Proposed location;
(3)
Nature of activity;
(4)
Duration of activity;
(5)
Number of estimated attendees;
(6)
Description of any equipment to be used;
(7)
A plot plan showing locations of equipment, displays, activity areas, loading and parking;
(8)
Such other information as the City Planner deems appropriate.
(B)
A filing and investigation fee in the amount set by resolution of the City Council shall be required with each such application. The City Planner shall exempt an applicant from payment of such fee:
(1)
If the applicant, other than a bank or insurance company, is exempt from the payment for business license taxes purposes; or
(2)
If the applicant is an organization which:
(a)
Has had its principal office, place of worship or headquarters, within the City, for a period of not less than one year; and
(b)
Is organized and operated for charitable, religious or civic purposes; and
(c)
If as a result of its local character, it is determined that a full investigation is not required for purposes of this chapter.
(Ord. 2097 § 3, 2013)
§ 21.28.040 Conditions May Be Imposed.
(A)
The City Planner shall, upon proper application, issue a temporary permit if he or she determines that the proposed activity can, and will, be conducted in a manner compatible with the preservation of the public peace, safety, health and general welfare, and will not be injurious or detrimental to property located in the immediate vicinity of the proposed location for the activity.
(B)
The City Planner shall have the power to impose reasonable conditions upon the issuance of such permits to insure the preservation of the public peace, safety, health and general welfare and to insure that the activity will not be injurious or detrimental to property located in the immediate vicinity of the proposed location for the activity.
(Ord. 2097 § 3, 2013)
§ 21.28.050 Administrative Enforcement by Chief of Police.
The City Planner shall notify and discuss with the Chief of Police or his/her appointed designee the facts together with all pertinent information pertaining to the temporary use permit prior and after issuance. The Chief of Police shall have the responsibility of administrative enforcement. Where the Chief of Police determines that other permits, licenses or fees are required by law, the Chief of Police shall notify the respective City department or other agency having jurisdiction thereof, then he or she shall suspend the permit until all such other licenses, permits or fees are obtained.
The Chief of Police shall inspect the activities, for which temporary use permits have been issued, at appropriate times during the duration of such permit. The Chief of Police shall maintain suitable records on all enforcement matters herein and all matters related thereto, that may be pertinent to the use, activities, or the public welfare.
(Ord. 2097 § 3, 2013)
§ 21.28.060 Permit-Denial.
The City Planner shall refuse to issue a permit if the activity would not be compatible with the preservation of the public peace, safety or general welfare, or if the same would be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity. The City Planner shall give written notice to the applicant of the fact of such denial.
(Ord. 2097 § 3, 2013)
§ 21.28.070 Permit-Suspension.
(A)
The Chief of Police shall have the power to suspend, and shall suspend, any temporary use permit if he or she finds that the permittee has:
(1)
Violated any condition imposed upon the permit; or
(2)
Violated any provision of law; or
(3)
Is, by the actual conduct of the activity, threatening the preservation of the public peace, safety or general welfare, or unreasonably interfering with the use and enjoyment of other property in the immediate vicinity of the activity.
(B)
The Chief of Police shall give the permittee written notice of such suspension. Immediately upon the giving of such notice of the order of suspension, all activities under such permit shall forthwith cease.
(Ord. 2097 § 3, 2013)