The temporary use permit is intended to allow for the short-term placement of activities, many of which would be prohibited as permanent placements, in temporary facilities, public or private buildings or open spaces, or outside of buildings. Activities involving any commercial component such as: admission fee, renting of facility, charging for valet parking or shuttle service and/or public advertising shall require a temporary use permit. Temporary use permits shall be limited to four events per parcel of land per calendar year in residential zoning districts, and six events per parcel of land per calendar year in all zoning districts, except residential. All activities shall be regulated so as to avoid incompatibility between such uses and surrounding areas.
(Prior code § 9490; Ord. 190 § 7, 1999)
Application for a temporary use permit shall be filed according to Sections 17.04.110 through 17.04.150.
(Prior code § 9491; Ord. 190 § 7, 1999)
Application for temporary use permit shall include the following:
A. 
Uniform application, signed by both applicant and landowner;
B. 
Filing fee;
C. 
Site plan (three copies) including the dimensions of the lot, location of all temporary structures, access onto the site, and parking areas;
D. 
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, etc., are going to be mitigated;
E. 
Agency approval sheet, signed by all agencies;
F. 
Proof of liability insurance for the subject property;
G. 
Indemnification/hold harmless agreement;
H. 
Public notice property owner and occupant mailing labels; provide three sets of labels for properties within a 500 foot radius of the subject property.
(Prior code § 9492; Ord. 190 § 7, 1999)
A temporary use permit may be issued by the planning director for the following uses:
A. 
Real estate sales offices within approved development projects;
B. 
Model homes and temporary tract sales offices for a project opened to the public for the first time;
C. 
Christmas tree and pumpkin sales lots; however, a permit shall not be required 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 to exceed 30 consecutive calendar days;
D. 
Circuses and carnivals;
E. 
Special events related to an existing business with temporary outdoor display/sales of merchandise in any commercial zone, provided there shall be no more than four displays/sales in any calendar year, and not more than two consecutive days, and that the displayed merchandise is customarily sold on the premises, and that such premises are utilized for a permanently established business;
F. 
Indoor and outdoor entertainment and assembly events, including, but not limited to, weddings, fund-raisers, retreats, fairs, 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 not associated with public cultural or recreational facilities;
G. 
Art, cultural, and educational exhibits and displays;
H. 
Swap meets for no more than two consecutive days;
I. 
Off-site contractors' construction yards;
J. 
Outdoor sporting events;
K. 
Similar temporary uses which, in the opinion of the director, are compatible with the zone and surrounding land uses;
L. 
Off-site surface parking on a vacant commercially zoned lot for the farmers market within 350 feet of the farmers market to replace required parking displaced by construction. The dates for this use shall not count against the maximum 60 calendar days within one calendar year for which a site can be used for temporary uses. This provision shall expire the earlier of the issuance of a certificate of occupancy for Santa Monica College or on January 1, 2024.
M. 
Temporary relocation of a permitted farmer's market to a publicly-owned park located within 350 feet of the permitted location so long as such use does not exceed one day per week. The dates for this use shall not count against the maximum 60 calendar days within one calendar year for which a site can be used for temporary uses, nor toward the six events per parcel limit. Any approvals for this use shall be good for six months. The application for a TUP is required to be filed with the planning department 16 days prior to the proposed use. Public notices shall be mailed not less than 14 days prior to the proposed use. The planning director shall render a decision 12 days prior to the proposed use. In addition to a TUP, a facilities use permit must be obtained prior to the relocation of the farmer's market. This provision shall expire the earlier of the issuance of a certificate of occupancy for Santa Monica College or on January 1, 2024.
(Prior code § 9493; Ord. 190 § 7, 1999; Ord. 456 § 4, 2019; Ord. 495 § 4, 2022; Ord. 505U § 2, 2022)
A temporary use permit approved by the planning director shall be required for all uses listed in this chapter, and shall be issued prior to commencement of the use. A public hearing shall not be required for the issuance of a temporary use permit; however, a five-day public notice of the proposed event shall be provided as follows:
A. 
Application for temporary use permit shall be filed with the planning department 35 days prior to the proposed use.
B. 
A notice shall be mailed, postage pre-paid, to any organization or homeowners associations that requests such notice in writing and to all property owners and tenants within a 500 foot radius of the subject property, and in no event less than 10 developed properties.
C. 
The public notice shall state the nature of the request, location and zoning designation of the property, name of the project proponent, and the time and place of the proposed temporary use.
D. 
Public notices shall be mailed not less than 32 days prior to the proposed event.
E. 
The planning director shall render a decision 24 days prior to the proposed use.
(Prior code § 9494; Ord. 190 § 7, 1999)
The director may approve a temporary use permit application; provided, that all of the following findings of fact are made:
A. 
That the operation of the requested use at the location proposed and within the time period specified is compatible with the surrounding neighborhood uses;
B. 
That the proposed site is adequate in size and shape to accommodate the temporary use;
C. 
That 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 use will or could reasonably generate;
D. 
That adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations acceptable to the planning director;
E. 
That the proposed use will not 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;
F. 
That the event shall not exceed a total of 14 consecutive calendar days and that the proposed site has not been used for temporary uses for more than 60 calendar days within any one calendar year; and
G. 
That no complaints have been filed against the current property owner with the Los Angeles County district attorney's office during the 24 months preceding the date of application submittal.
(Prior code § 9495; Ord. 190 § 7, 1999)
In approving an application for a temporary use permit, the director may impose such conditions as are deemed necessary to insure that the permit will be in accord with the findings required by Section 17.68.060. 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 planning director;
B. 
Regulation of nuisance factors such as, but not limited to, the prevention of glare or direct illumination of 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 cleanup;
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. 
Submission of a site plan indicating any information required by this chapter;
K. 
Requirement that the approval of the temporary use permit is contingent upon compliance with applicable provisions of other ordinances;
L. 
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. 
Applicants for special event permits shall:
1. 
Provide containers for recycling cans, glass, plastic and paper generated,
2. 
Provide information and guidance to assure recycling of materials listed above,
3. 
Comply with the city's solid waste recycling ordinance, and
4. 
Submit a plan indicating efforts to reduce, reuse or recycle waste generated;
N. 
The event shall not cause any noises, sounds or vibrations which are physically annoying to reasonable persons of ordinary sensitivity or which are so harsh or so prolonged or unnatural or unusual in their use, time or place as to occasion unnecessary discomfort to any persons within a 500 foot radius of the place from which such noises emanate or which interfere with the peace and comfort of residents, occupants or guests of the surrounding neighborhood, or the operators or customers in places of business in the vicinity;
O. 
The applicant shall demonstrate that the holding capacity of surrounding streets and intersections is sufficient to sustain the use without conflicting with established general plan goals and policies;
P. 
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;
Q. 
The temporary use shall conform to city planning department, building and safety department, public works department, Los Angeles County fire prevention bureau, Los Angeles County sheriff's department, Los Angeles County mountain and rural sanitation department programs, regulations and requirements;
R. 
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;
S. 
The applicant shall furnish insurance in the amount to be determined by the planning director, but in no event less than one million dollars ($1,000,000.00) to protect the city against claims of third persons for personal injury, wrongful death and property damage;
T. 
The applicant shall have a copy of the approved temporary use permit available on-site during the entire duration of the use.
(Prior code § 9496; Ord. 190 § 7, 1999)
A. 
The applicant may appeal the decision of the planning director to the planning commission within three calendar days of the decision date.
B. 
A temporary use permit may be revoked if the planning director finds that one or more of the following conditions exists:
1. 
Circumstances have been changed by the applicant to such a degree that one or more of the findings of fact contained in Section 17.68.060 can no longer be made in a positive manner.
2. 
The temporary use permit was obtained in a fraudulent manner.
3. 
One or more conditions of the temporary use permit have not been fulfilled.
(Prior code § 9497; Ord. 190 § 7, 1999)