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)
