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;
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;
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;
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;
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)