Menifee Zoning Code Ch. 9.105 Temporary Use Permit

Contents:

9.105.010 Purpose

9.105.020 Applicability

9.105.030 Application and Required Fees

9.105.040 Approving Authority

9.105.050 Public Hearing and Notice

9.105.060 Conditions of Approval

9.105.070 Findings for Approval

9.105.080 Notice of Decision

9.105.090 Effective Date

9.105.100 Appeals

9.105.110 Expiration

9.105.120 Extension of Time

9.105.130 Modifications

9.105.140 Transferability

9.105.150 Standards of Approval – General

9.105.160 Standards of Approval – Standards by Activity/Use

Temporary use permits provide a process for review of short-term activities that may not meet the normal development or use standards of the applicable zone but may be acceptable because of their temporary nature. The intent of these regulations is to establish a process for the review of temporary uses and to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community.

1. Temporary Use Permit Required. A Temporary Use Permit is required prior to establishment of any temporary use as identified in Chapter 9.105 (Temporary Uses) or as otherwise required by this Title.

2. Level of Temporary Use Permit Required. The following applicability thresholds shall be used to determine if the proposed project shall require a Minor Temporary Use Permit or a Major Temporary Use Permit.

3. Minor Temporary Use Permit. A Minor Temporary Use Permit shall be required for temporary uses meeting all the following criteria:

4. The temporary use does not impact surrounding properties, as determined by the Director. Examples include, but are not limited to the following:

5. Weekend promotional events consisting of outdoor display and sales of merchandise within commercial land use districts, including sidewalk sales;

6. Flower sales (non-mobile), vendor stands (non-mobile), seasonal sales of agricultural products for limited periods of time, which, at no time, may be conducted in the public right-of-way;

7. Special lighting exhibits including spotlights, and specifically including holiday lighting displays;

8. Veterinary vaccination clinics on developed sites that are not in conjunction with a veterinary facility (i.e., pet store, groomer);

9. Garage or yard sales conducted at the same residential location more than four times per year;

10. Car shows;

11. Private events including weddings, picnics or block parties to which 100 people are invited and/or which would not require public road closures or significantly impact traffic on adjacent public roadways;

12. Live entertainment at a restaurant or bar no more than four times per year.

13. The temporary use is exempt from CEQA.

14. Major Temporary Use Permit. A Major Temporary Use Permit shall be required for temporary uses meeting any of the following criteria:

15. The temporary use does impact surrounding properties, as determined by the Director. Examples include, but are not limited to the following:

16. Outdoor temporary swap meets or auctions;

17. Christmas tree sales lots and associated jolly jumps, food sales and on-site banners and other signage;

18. Pumpkin sales lots and associated jolly jumps, food sales and site banners and other signage;

19. Farmer’s markets held on one day per week in the same location for a total period of time not exceeding one year

20. Private events including weddings, picnics or block parties to which more than 100 people are invited and/or which would require public road closures or significantly impact traffic on adjacent public roadways;

21. Special outdoor events, when not held within premises designed to accommodate the events, including carnivals, circuses, fairs, parades, rodeos, and large athletic, religious, or entertainment events.

22. The temporary use is not exempt from CEQA.

23. Exempt Uses. The following uses are exempt from the requirements of this chapter:

24. Temporary construction office trailers in all zones under the following conditions:

25. The construction office trailer is associated with an active, approved construction project.

26. The construction office trailer is located within the boundaries of the project site.

27. The construction office trailer is not in an environmentally sensitive area.

If any of the above conditions cannot be met, a Major Temporary Use Permit shall be required, subject to the Community Development Director’s discretion.

2. Going out of business sales with no additional merchandise and normal promotional activities conducted within the approved display area for the business.

3. Commercial filming regulated by other provisions of this Municipal Code.

4. City, state, federal, school district, community college district or other public agencies’ event when conducted wholly on that agency’s public property or with the consent of another public property owner and which will not require public road closures or significantly impact traffic on adjacent public streets.

5. Homeowners’ association events conducted wholly in common areas within the boundaries of the association and which do not impact public streets or other public facilities.

6. Small scale events (art shows, holiday events), sponsored and sanctioned by the Master Property Association or Property Manager for Regional Shopping Centers which are 20 acres or larger located within the CR - Commercial Retail or EDC - Economic Development Corridor zones, shall be exempt from the TUP process provided the entire event occurs on managed or owned properties and are not anticipated to impact parking, circulation/access, surrounding properties or generate significant traffic.

7. Temporary emergency facilities to accommodate emergency public health and safety needs and activities.

8. Yards and sheds for the storage of materials and equipment used as part of a construction project, provided a valid building permit has been issued and the materials and equipment are stored on the same site as the construction activity.

9. Mobile food truck operations at construction sites that are actively under construction pursuant to a valid building permit or grading permit where the mobile food truck does not vend to the general public during the stop.

10. Other Temporary Uses. For temporary uses that are not identified in this Title, the Community Development Director, at his or her discretion, may determine whether the use should be classified as a minor temporary use or a major temporary use. This determination shall be based upon the similarities and differences with temporary uses and related standards of this Chapter and consideration of the proposed temporary use’s compatibility with the applicable zone and surrounding land uses. Those temporary uses which do not fit within the criteria for minor temporary or major temporary uses shall be addressed through a Plot Plan, Conditional Use Permit or other type of permit or approval identified in this Title, as determined by the Director. A temporary use which will exceed the length of one calendar year (even when sporadic) requires other types of land use approvals as determined by the Community Development Director.

(2022-351, 09/21/2022; 2025-417, 07/16/2025)

Effective on: 8/16/2025

1. Application Filing and Processing. Applications for a Minor Temporary Use Permit or a Major Temporary Use Permit shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).
2. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).
3. Timing of Application. An application for a Minor Temporary Use Permit or a Major Temporary Use Permit should be submitted at least 60 days in advance of the first date of the proposed use. The applicant is responsible for submitting an application in a manner which allows sufficient time for processing, including noticing (if necessary) and appeal time.

Applications for a Minor Temporary Use Permit or a Major Temporary Use Permit shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, conditionally approve, or deny applications for a Minor Temporary Use Permit or a Major Temporary Use Permit.

No public hearing is required prior to action on an application for a Minor Temporary Use Permit or a Major Temporary Use Permit.

In approving an application for a Minor Temporary Use Permit or an application for a Major Temporary Use Permit, the approving authority may impose conditions of approval to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. Conditions may include, but shall not be limited to:

1. Requirements for special setbacks, buffers, or temporary fences, walls and/or screening.
2. Regulation of vehicular ingress, egress, and traffic circulation.
3. Regulation of hours of operation or other characteristics of operation.
4. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, din, odors, vapors and heat.
5. Regulation of temporary structures and facilities.
6. Provision for restroom and related sanitary facilities as well as medical facilities and emergency medical services.
7. Provision for solid, hazardous and toxic waste collection and disposal.
8. Requirements for security.
9. Requirements for special parking or traffic control measures.
10. Other conditions as may be deemed necessary to make the findings required by this chapter.

Prior to approving an application for a Minor Temporary Use Permit or an application for a Major Temporary Use Permit, the approving authority shall make all the following findings:

1. The proposed temporary use is compatible with the zone, nature, character and use of the surrounding area.
2. The temporary use will not adversely affect the adjacent uses or structures.
3. The temporary use is consistent with the applicable development and operational standards and other provisions of this Title.
4. The nature of the temporary use is not detrimental to the public health, safety or welfare of the community.

Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The notice shall include:

1. The application request as acted upon by the Director.
2. The action taken by the Director.
3. Findings as listed for the permit.
4. The deadlines, criteria and fees for filing an appeal.

Minor Temporary Use Permits and Major Temporary Use Permits shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Minor Temporary Use Permits and Major Temporary Use Permits are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals).

Approved Minor Temporary Use Permits and approved Major Temporary Use Permits do not expire.

No extensions of time are permitted for an approved Minor Temporary Use Permit or an approved Major Temporary Use Permit.

Modifications to an approved Minor Temporary Use Permit or an approved Major Temporary Use Permit shall be processed as a new application.

Minor Temporary Use Permits and Major Temporary Use Permits are not transferrable to another property or business operator without approval of a new application and approval of a new business license.

The following standards shall apply to all temporary activities and uses, where applicable:

1. The applicable permit(s) shall be posted on the premises where the event is conducted, and/or a copy of the permit must be in the possession of the person responsible for the event at all times while it is occurring.
2. Any temporary facilities or structures used will be removed from the site within a reasonable time following the event and the property will be restored to no worse than its former condition. Submission of a performance bond or other surety devices may be required at this discretion of the City.
3. The permittee will reimburse the City for the actual cost of repair or replacement (including labor and overhead) if city property is damaged or destroyed as a result of the temporary use. The City may require a deposit therefor if the damage reasonably may be anticipated, as determined by the City.
4. Deposit for traffic control and/or clean up fees are required unless already provided with an encroachment permit.
5. The permittee and/or property owner shall provide enter into an indemnification and hold harmless agreement for use of City property.

The following standards shall apply to the specified temporary activity or use:

1. Weekend promotional events consisting of outdoor display and sales of merchandise within commercial land use districts, including sidewalk sales, that exceed existing land use restrictions shall comply with the following provisions:

2. Merchandise displayed or sold must be customarily sold on the premises by a permanently established business.

3. The maximum number of consecutive days for any one event shall not exceed nine calendar days.

4. Setup and takedown of canopies, lighting, fencing, merchandise and/or items for the event shall not be counted toward the allowable event days per event, except that setup shall not exceed 36 hours and takedown shall not exceed 36 hours unless otherwise authorized by the Community Development Director.

5. Outdoor temporary swap meets or auctions shall be limited to no more often than twice per calendar year on the same property and shall not exceed three consecutive days per event.

6. Christmas tree sales shall only be held from November 1 through December 31.

7. Pumpkin sales shall only be held from September 15 through November 2.

8. Vendor stands (non-mobile) shall be limited to the seasonal sale of agricultural products, and shall not be located in the public right-of-way, and signage shall not exceed the standards of the zone in which the stand is located.

9. Farmers markets shall be limited to one day per week in the same location for a total period of time not exceeding one calendar year.

10. Mobile food trucks shall comply with the following provisions:

11. General Standards.

12. Maintain a valid business tax certificate from the City of Menifee to operate within the City.

13. Maintain a valid County Health permit and operate in conformance with all applicable health standards.

14. Post, in public view and without obstruction, on both the front right windshield and the back left bumper of the mobile food truck, the following items:

15. The County of Riverside Department of Environmental Health permit certification stickers.

16. A notice with at least 3-inch font providing “To report a violation, call the City of Menifee Code Enforcement at 951-246-6214."

17. Sell only food and beverage items regulated under the California Retail Food Code (California Health and Safety Code Division 104, Part 7, Section 113700 et. seq., as it currently exists or as may be amended).

18. No verbal solicitation of business from pedestrians or persons in vehicles, and no sale to persons in vehicles.

19. No amplified sound or loudspeakers are allowed. The vendor and operation shall comply with the noise limits in Section 9.210.060 (Noise Control Regulations).

20. No lighting, except localized lighting that is used on or in the mobile food trucks for the purpose of inside food preparation and menu illumination are allowed.

21. No signs other than those exhibited on or in the mobile food truck are allowed.

22. No selling or serving alcohol.

23. Provide one trash receptacle and one recycling receptacle for use by patrons in a convenient location that does not impede pedestrian or vehicular traffic.

24. Collect and remove all litter or debris generated within a minimum 25-foot radius of the food truck.

25. Contain all associated equipment and operations within the mobile food truck, except for the trash and recycling receptacles required herein.

26. No furniture, umbrellas, generators, objects or structures outside of the vehicle are allowed.

27. No obstruction or interference with the free flow of pedestrian or vehicular traffic, including but not limited to access to or from any business, public building, or dwelling unit is allowed.

28. No restriction of visibility area sight distance at any driveway or intersection.

29. Mobile food trucks shall not encroach onto a public sidewalk with any part of the vehicle or any other equipment or furniture related to the operation of the business, except for required trash and recycling receptacles or any attached sign or awning. The operator shall provide an 8-foot vertical clearance for pedestrian access under any sign or awning.

30. Mobile food truck operators shall control smoke and odors caused by food preparation to avoid a public nuisance.

31. Mobile food trucks prohibited in the Public Right-of-Way. Mobile food truck operators are prohibited from operating in the public right-of-way, except as allowed with a temporary use permit pursuant to this chapter.

32. Mobile Food Trucks on Private Property. Property owners and food truck operators shall comply with all of the following:

33. Ensure that a mobile food truck operator operates only at the location designated on any permit, where applicable.

34. Ensure that a mobile food truck operator displays a copy of the approved mobile food truck permit in a prominent and visible place within each mobile food truck, together with a letter of permission from the property owner consenting to mobile food truck operations on the site in accordance with any approved development permit, where applicable.

35. Mobile food trucks shall operate as follows:

36. Within a paved, level parking area, unless otherwise approved surface by the City Engineer, where it can be demonstrated that any off-street parking spaces located in that area are not otherwise reserved, encumbered, or designated to satisfy the off-street parking requirement of a business or activity that is operating at the same time as the mobile food truck.

37. Operations shall not impede pedestrian or vehicular ingress or egress through the remainder of the parking area or adjacent public right-of-way.

(2022-351, 09/21/2022)

Effective on: 10/21/2022