The provisions of this chapter, inclusive, shall be known as the "Temporary Use Regulations." The purpose of these regulations is to establish permitted temporary uses and standards and conditions for regulating same.
(Ord. 94-06)
For the purpose of this chapter the following definitions apply:
means a use that precludes use in the area of the event for public recreation, beach access or access to coastal waters other than for or through the event itself.
means a period of time which does not exceed a two week period on a continual basis, or does not exceed a consecutive four month period on an intermittent basis.
include, but are not limited to, bleachers, perimeter fencing, vendor tents/canopies, judging stands, trailers, portable toilets, sound/video equipment, stages, platforms, etc., which do not involve grading or landform alteration for installation.
includes publicly owned and privately owned sandy areas fronting on coastal waters, regardless of the existence of potential prescriptive rights or a public trust interest.
means an activity or use that constitutes development; and is an activity or function of limited duration; and involves the placement of non-permanent structures; and/or involves exclusive use of a sandy beach, parkland, filled tidelands, water, streets or parking area which is not otherwise open and available for general public use.
(Ord. 94-06)
The following temporary uses shall be permitted as specified by these regulations:
A.
Circus, Carnival, or Other Outdoor Entertainment Event. The temporary gathering of people for a circus, carnival, or other outdoor entertainment event.
B.
Antique or Art Show on Public Property. The temporary use of public property for antique or art shows.
C.
Religious Assembly. The temporary gathering of people for religious purposes.
D.
Construction Support. Temporary building and structures supporting residential development and major construction.
E.
Reversible Uses of Future Highway Rights-of-Way. Temporary uses on land required for a future county or state highway.
F.
Travel Trailer Park. The temporary operation of a travel trailer park.
G.
Uses in New Subdivisions. Temporary uses in new subdivisions and other residential developments which support the sale of dwellings and lots within the same subdivision or residential development.
H.
Use of Trailer Coach. Temporary use of a trailer coach for certain purposes.
(Ord. 94-06)
Temporary uses shall be subject to all regulations as would be applied to a permanent principal or accessory use located in the same zone, except as otherwise provided by these regulations.
(Ord. 94-06)
A.
The Director shall exempt from the coastal development permit requirements of this title all temporary uses which satisfy the definition of "temporary event(s)/use(s)" under this chapter, except those which meet all of the following requirements:
B.
The Director may also exempt from coastal development permit requirements, temporary events meeting all of the criteria of subsection A of this section when:
1.
The fee is for preferred seating only and more than 75% of the provided seating capacity is available free of charge for general public use; or
2.
The use is located on sandy beach in a remote location with minimal demand for public use, and there is no potential for adverse effect on sensitive coastal resources; or
3.
The use is less than one day in duration; or
4.
The use has previously received a coastal development permit and will be held in the same location, at a similar season, and for the same duration, with operating and environmental conditions substantially the same as those associated with the previously approved uses.
C.
The Director may determine that a temporary use shall be subject to coastal development permit issuance, even if the criteria for exemption under subsection A or B of this section are met, if the Director determines that unique or changing circumstances exist relative to a particular temporary use that have the potential for significant adverse impacts on coastal resources. Such circumstances may include the following:
1.
The event, either individually or together with temporary uses scheduled before or after the particular use, precludes the general public from use of a public recreational area for a significant period of time;
2.
The event and its associated activities or access requirements will either directly or indirectly impact environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, or other coastal resources;
3.
The event is scheduled between Memorial Day weekend and Labor Day and would restrict public use of roadways or parking areas or otherwise significantly impact public use or access to coastal waters;
4.
The event has historically required a coastal development permit to address and monitor associated impacts to coastal resources.
(Ord. 94-06)
Temporary gathering of people for a circus, carnival, or other outdoor entertainment event, including the temporary use of a trailer coach as a business office incidental to and located on the same site as the event, may be permitted pursuant to the Municipal Code.
A.
Location. A circus, carnival or other outdoor entertainment event may be permitted in any zone except residential zones.
B.
Duration. The period of operation of the circus, carnival or other outdoor entertainment event shall not exceed five days.
(Ord. 94-06; Ord. 2017-03)
The temporary gathering of people for an antique or art show and sales event may be permitted in compliance with the following provisions:
A.
Location. An antique or art show and sales event may be permitted in any zone provided such event is held on property owned by or under the control of a public agency and which is held pursuant to the Municipal Code. As used in this section, "public agency" includes counties, cities, municipal corporations, political subdivisions, public districts and other public agencies of the State of California.
B.
Duration. The period of operation of the antique or art show and sales event shall not exceed three days.
(Ord. 94-06)
The temporary gathering of people for religious purposes may be permitted in compliance with the following provisions:
A.
Location. A religious assembly may be permitted in any zone except zones subject to the residential zones use regulations.
B.
Duration. The period of operation of the religious assembly shall not exceed eight days.
(Ord. 94-06)
Temporary buildings for commerce or industry incidental to residential development, and temporary structures for the housing of tools, equipment, building assembly operations and supervisory offices in connection with major construction projects shall be permitted in any zone; provided such temporary buildings or structures are located within or adjacent to the development or construction site to which they are incidental.
The coastal development permit requirements of this title for temporary buildings or structures shall be satisfied by the coastal permits issued in conjunction with the approval of residential development or major construction project.
(Ord. 94-06; Ord. 2017-03)
Any temporary use, not involving any significant investment in buildings or structures, may be permitted through the issuance of a major use permit on a lot or parcel of land provided the Director of Public Works or the District Director of the California Department of Transportation has determined that the lot or parcel will be required in its entirety at some future date for a City street or a state highway.
Any such use is exempt from the coastal development permit requirements of this title if it meets the definition of a "temporary event/use" under this chapter, unless it meets the criteria in Section 30.46.035 of this chapter requiring such permit.
(Ord. 94-06; Ord. 2014-12; Ord. 2017-03)
The temporary operation of a travel trailer park may be permitted by the Director through the issuance of a minor use permit in compliance with the following provisions:
A.
Location. A travel trailer park may be permitted in any nonresidential zone.
B.
Duration. The period of operation of the travel trailer park shall not exceed 10 days.
C.
Noticed Hearing Not Required. The Director may issue a permit pursuant to this section with notice as provided by the design review regulations.
(Ord. 94-06)
Upon the review and approval of a site plan by the Director in accordance with design review procedures of this Code and the provisions of this section, certain temporary uses as specified herein may be established within a subdivision for which a final map has been recorded, or in a proposed subdivision for which a tentative map has been approved by the authorized approval authority or on appeal (see Chapter 1.12) to the City Council and a final map thereof filed for approval by the Director of Public Works; or in conjunction with an individual multiple dwelling or multiple dwelling complex; solely for the marketing of dwellings, and/or lots, in the same residential development.
A.
Permitted Uses. The following temporary uses may be permitted in conformance with the following standards:
1.
Model homes in a number not to exceed that necessary to provide on example of each dwelling type being offered in the residential development. Reversed floor plans and exterior facade variations will not be considered as separate dwelling types. Each model home shall be erected on an individual site which conforms to a lot shown on the recorded final map or on the final map filed for approval with Director of Public Works; meet all setback requirements of the applicable zone or, in the case of provisional reclassification, of the zone to which the property has been provisionally reclassified; and qualify in all respects for sale and residential occupancy upon termination of its use as a model home.
2.
Real estate sales office facilities for the purpose of promoting the sale or rental of dwellings and/or lots, which are located only within the same residential development or proposed subdivision. The foregoing provisions of this section notwithstanding, a temporary real estate sales office facility may be located adjacent to the residential development to which it is incidental in compliance with all other provisions of this section.
3.
Off-street parking facilities.
4.
Children's play areas, landscaping and landscape features such as walkways, pools, benches, walls, fencing, and similar appurtenant features of a noncommercial nature.
B.
Site Plan Review Criteria. No use authorized by this section will be located, installed or operated in a manner that will have an unnecessarily adverse effect on the use and enjoyment of any property on which an occupied dwelling is located, or may be located during the duration of such authorized use.
C.
Site Plan Content. The site plan shall contain such maps and drawings as are necessary to show the location of the above temporary uses and their relation to off-street parking, vehicular and pedestrian access, and the surrounding area.
D.
Building Permits. Prior to the issuance of building permits for the temporary uses in subsection A of this section, the following conditions shall be met:
1.
When the residential development for which such temporary uses are to be constructed would constitute a subdivision, a tentative subdivision map must be approved by the authorized agency, and the final map thereof recorded; or if a final map has not been recorded, a final map must be filed with the Director of Public Works for approval and approved by the Director as to conformance to the tentative subdivision map and mathematical accuracy.
2.
Appropriate zoning must be in effect for the property encompassed by the subdivision or proposed subdivision or other residential development, to accommodate the lot sizes shown on the final map and the proposed uses thereof; provided, however, that where subject property has been provisionally reclassified, lot sizes and proposed uses may conform to the zone to which such property has been provisionally reclassified.
3.
The site plan must be submitted to and approved by the Director.
4.
Necessary sanitary facilities must be provided as required by the County of San Diego's Director of Public Health.
5.
The property owners shall execute and file with the City an acknowledged agreement (notarized) assuming all risks inherent in construction prior to recordation of a final map and agreeing to abide by all conditions set forth in this section prior to the sale of any model home; further agreeing that all temporary uses permitted by this section shall be terminated not later than 30 months after issuance of building permits therefor, unless a written request for extension of time has been submitted to and approved by the Director prior to the expiration of the 30 months, and within 30 days of the expiration of the 30 months or extension thereof, all temporary uses and related improvements other than model homes, shall be completely removed from the premises and all model homes shall be restored to a condition suitable for sale for residential occupancy, including reconversion of any garage to a condition suitable for the storage of private vehicles or the provision by other means of required off-street parking spaces.
In the case where the final subdivision map has not been recorded, the property owner shall further agree that in the event of a final map which includes the property whereon uses authorized by this section are located is not recorded prior to expiration of the tentative map, all uses and related improvements, including model homes, shall be completely removed from the premises and the site restored to a clean and safe condition within 90 days from the date of expiration of the tentative map. Each agreement shall also contain a statement signed by the property owner agreeing that if all uses and related improvements are not removed as herein required, they may be removed or demolished, and the site restored by the City. Prior to the erection of any model home, the property owner shall post with the Director security in an amount satisfactory to the Director sufficient to defray any expense incurred by the City in either the restoration or conversion of the model homes to a condition suitable for sale for residential occupancy, or in the complete removal or demolition of the uses and improvements and site restoration. The security shall be released to the property owner or person legally entitled thereto upon satisfactory removal or conversion of the concerned facilities.
E.
Coastal Development Permit. Temporary uses in a new subdivision as provided in this section are not exempt from the coastal development permit requirements of this title. Coastal permit requirements shall be satisfied, either in conjunction with the issuance of a coastal development permit for the subdivision, or subsequently in a separate coastal permit processed pursuant to this title.
(Ord. 94-06; Ord. 2014-12; Ord. 2017-03)
The temporary use of a trailer coach for the following purposes may be permitted in compliance with the following conditions:
A.
Business Uses.
1.
Business office for a financial institution or public utility which is required, as a condition of a franchise granted by the United States, the state or a public agency, to maintain a place of business at a location at which no permanent structure suitable for the purpose is available.
2.
Business office incidental to and located on a site on which a temporary Christmas tree sales or similar temporary or seasonal business is being lawfully conducted.
3.
Business office or sales facility on or adjacent to a site on which construction of a permanent business office or sales facility for use of the permittee is being diligently prosecuted.
4.
Construction office on or adjacent to any site on which a building or construction project is being diligently prosecuted; or for temporary offices on a site used for a borrow pit, quarry, asphalt paving plant, concrete batch plant, or mining operation for which a major use permit has been granted.
5.
Mobilehome financial business office, self-propelled and self-contained upon issuance of a minor use permit by the Director. Such minor use permit may be issued for a period not to exceed five years when authorized by a regulatory agency of the United States or the State of California. The office shall not operate more than three days in any one week, shall not be stored on the subject property when not in use, and, when in use, may operate from an enclosed structure meeting the requirements of the City Building Code. A minor use permit may be issued for this use only in a zone in which a bank or other financial institution is a permitted use. A use permit granted pursuant to this section or its predecessor shall be deemed to be a minor use permit and may be modified or revoked pursuant to the administrative design review permit procedure.
6.
Political campaign office located on private property for a period not to exceed one year provided, however, such trailer shall be removed within 15 days following the next general election held after such trailer is sited.
7.
Real estate sales office when the trailer coach is located on a lot or parcel of land adjacent to or within a proposed subdivision for which a tentative map has been approved and a final map thereof submitted to the Department of Public Works for checking to which such real estate office is incidental. Such permit may be issued to expire six months after completion of all sales but not exceed a period of three years.
8.
Business office associated with the production and distribution of agricultural or horticultural products grown on the premises in all zones upon issuance of a minor use permit for a period of not to exceed five years.
9.
Government service uses in accordance with this chapter.
B.
Residential Uses.
1.
Dwelling to accommodate visiting relatives for a period not to exceed 30 calendar days in any calendar year on land owned or leased by the host and on which there is located a permanent dwelling occupied by the host.
2.
When there is no other habitable dwelling on the property on which the applicant is diligently pursuing construction of a permanent dwelling pursuant to procedures and timing for a building permit.
3.
A dwelling for temporary health care on a lot where there is a permanent single-family dwelling is permitted upon approval of a minor use permit. This trailer is exclusively for temporary occupancy by (a) providers of health services which are required by an occupant of the main dwelling; or (b) by a relative of an occupant of the main dwelling who requires physical care.
Health care trailers are only intended as temporary housing until a permanent housing arrangement can be provided such as a room addition or accessory apartment addition to the primary residence. The following are requirements for health care trailer approval:
a.
The health care unit shall be a single-wide trailer or mobilehome not exceeding 600 square feet.
b.
The lot area shall be a minimum of one-half acre (net).
c.
The trailer shall meet main building setbacks and shall be located no further than 50 feet from the primary residence onsite. The Director may approve a greater setback from the primary residence because of topography or other natural features, or existing leach lines.
d.
The trailer shall be connected to existing sanitation and electrical systems onsite.
e.
Prior to approval of a minor use permit a certificate of need signed by a physician licensed to practice medicine in the State of California shall be submitted to and approved by the Director. The certificate shall be renewed annually at the request of the Director upon presentation of doctor's signed certificate.
f.
Notice of health care trailer applications shall be given as provided in this Code.
g.
In order to insure removal of a health care trailer when the need no longer exists the applicant shall furnish security in the form and amount determined by the Director.
4.
Dwelling for security personnel on or adjacent to any site on which construction of a major residential, commercial, industrial or public works project is being diligently prosecuted and for which security personnel are employed.
5.
Dwelling for security personnel on any site on which construction of a residential, commercial, industrial or public works project has been completed and for which security personnel are employed pending construction of permanent dwelling facilities for such security personnel.
6.
Dwelling for security personnel on a site used for a borrow pit, quarry, asphalt paving plant, rock rushing plant, concrete batch plant, or mining operation for which a major use permit has been granted.
7.
Dwelling for displaced residents or security personnel on a site where the principal dwelling has been rendered unoccupiable by reason of disaster or accident such as fire, wind, flood, earthquake or other similar circumstance. Permits for such temporary dwellings shall expire at such time as the principal dwelling has been repaired or replaced, or upon expiration of the building permit. Permits for such temporary dwelling shall expire one year after the event causing the damage or destruction of the principal dwelling if no building permit has been issued for the repair or replacement of such principal dwelling.
C.
Termination of Use.
1.
When use of a trailer coach is related to a use authorized by a minor use permit, occupancy or use of the trailer coach shall terminate with the expiration, abandonment or revocation of the related use permit and thereafter the trailer coach shall be removed from subject property.
2.
When use of a trailer coach is related to the construction of a related permanent facility, occupancy or use of the trailer coach shall terminate upon completion of construction of the permanent facility and thereafter the trailer coach shall be removed from subject property.
D.
Compliance with Code. The use and occupancy of any trailer coach shall comply with the provisions of this Code.
E.
Coastal Development Permit. The temporary use of a trailer coach, for the purposes described in this section, is not exempt from the coastal development permit requirements of this title. The requirements shall be satisfied, either in conjunction with the issuance of a coastal development permit for the use which the temporary use of the trailer coach is proposed, or subsequently through a separate coastal permit processed pursuant to this title.
(Ord. 94-06; Ord. 2015-01; Ord. 2017-03)
The temporary use of buildings on private land to provide government service uses classified as major impact services and utilities may be permitted through the issuance of a minor use permit in compliance with the following provisions:
A.
Occupancy. The temporary occupancy of buildings for government service uses shall be by the United States, the state or other governmental agency which is otherwise exempt from regulation by the Zoning Ordinance when utilizing their own property.
B.
Location. Government service uses may be permitted in zones subject to the GC, LI or BP commercial use regulations.
C.
Duration. The period of operation of government service uses shall not exceed five years.
D.
Noticed Hearing and Findings Required. No minor use permit for temporary government service uses may be issued unless notice has been given in accordance with the provisions of this Code.
E.
Coastal Development Permit. The temporary use of buildings on private land to provide government service uses classified as major impact services and utilities are not exempt from the coastal development permit requirements of this title.
(Ord. 94-06)
The temporary sales of holiday season products, such as holiday trees, pumpkins, and closely related agricultural and floricultural products may be permitted in compliance with the following provisions:
A.
Location. A seasonal sales lot may be located on any property in a commercial or residential zone which abuts a street, other than a "local street," identified on the Circulation Element Map of the City of Encinitas pursuant to a site plan approved by the Planning and Building Director and a seasonal sales solicitation permit issued by the City Clerk.
B.
Duration. The period of operation of a seasonal sales lot shall not exceed 45 days prior to the holiday. The property shall be cleared and restored to its condition prior to the sales lot within three days after the holiday.
C.
Coastal Development Permit. The temporary sales of holiday products is exempt from coastal development permit requirements if it meets the definition of a "temporary event/use" under this chapter, unless it meets any of the criteria in Section 30.46.035 of this chapter requiring such permit.
D.
Seasonal sales lots shall be maintained and operated in a manner consistent with other sections of this Code, the City's adopted building code, the City's adopted fire code, the City's adopted electric code, and the regulations of the Department of Health Services for the County of San Diego.
F.
A temporary trailer or recreational vehicle may be allowed, for the duration of the seasonal use, on the lot as an on-site security or sales office with the appropriate building, fire and health permits.
(Ord. 98-11; Ord. 2003-08)