National City Municipal Code Ch. 15.60 Temporary Use Permits

A. Certain temporary uses, structures or activities that benefit the public at large are often found to be necessary for limited periods of time, but the installation or performance of which, if permitted on a long-term basis, may not be in keeping with the intent and purpose of the zoning, building, fire and other applicable codes. Therefore, the city council adopts this chapter as a vehicle for regulating those certain temporary activities that benefit the public at large without the strict application of municipal code regulations regarding noise, streets and traffic, and land use. Accordingly, temporary use permits shall be authorized pursuant to the procedures in this chapter as an administrative process to provide for the orderly and effective management and regulation of those special events, specialized structures or special activities.

B. The issuance of a temporary use permit (sometimes hereafter "permit") in conformity with the procedures outlined in this chapter constitutes authorization for the permittee and its agents, officers and employees to depart from the strict requirements of this code, so long as the conditions of the permit are observed. Except as allowed by permit issued pursuant to this chapter, no person may otherwise violate or contravene the provisions and requirements of this code.

C. Definitions. As used in this chapter:

"Congested traffic area" includes the following streets: National City Boulevard from the northern city limits to the southern city limits; Highland Avenue from Division Street to 30th Street; Eighth Street from Harbor Drive to Paradise Valley Road; and Plaza Boulevard from National City Boulevard to Palm Avenue.

"Demonstration" means any gathering or procession of persons which does not include animals, motorized equipment or vehicles, upon public streets, sidewalks or public property for the purpose of first amendment expressive activity. The terms "parade" and "demonstration" within this chapter are mutually exclusive.

"Expressive activity" means and includes all conduct whose sole or principal object is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinions, views or ideas. It is conduct characterized as speech which is protected by the First Amendment to the United States Constitution, and includes public oratory and the distribution of literature.

"Parade" means any march, procession or assembly, the conduct of which does not or would not comply with normal and usual traffic regulation or controls, and which does or will consist of any number of persons, animals or vehicles, or any combination thereof, upon any public street, sidewalk or alley.

"Special event" means any organized activity conducted for a common or collective purpose, use or benefit which involves the utilization of, or has an impact upon, public property or facilities and the need for providing municipal and public safety services in response to the event. The term "special event," when used within this chapter, also includes a "special use," unless the context requires otherwise.

"Special use" means the erection of a structure, or a particularized utilization of or activity on public or private property, which, as proposed, does not or would not comply with the provisions of building, plumbing, mechanical or electrical codes adopted in Title 15, or the land use restrictions in Title 18.

D. Examples of special events include, but are not limited to, public concerts, parades, demonstrations, circuses, fairs, festivals, community events, mass participation sports (marathons, bicycle races and tours), block parties, motion picture filming and the like. Additional lists of special events may be further delineated by city council policy adopted by resolution.

(Ord. 2154 § 2 (part), 1999: Ord. 1987 § 3 (part), 1989)

A. The city manager, through the building official, shall be responsible for the administration and enforcement of this chapter and shall report violations to the city attorney.

B. The building official shall coordinate the permit application with other departments or agencies having requirements and conditions related to the use for which the temporary use permit is sought.

C. The building official shall process all applications, maintain records of temporary use permits issued, and prescribe any additional procedures necessary to implement and conform to the regulations in this chapter.

D. No special use shall be permitted to operate or be occupied until all departmental or other agency inspections and requirements are fully completed and approved.

(Ord. 2154 § 2 (part), 1999: Ord. 1987 § 3 (part), 1989)

Uses authorized by this chapter are divided into three separate classes, each having a separate administrative process and requirements. The classification of an activity into a particular use class shall be set forth in council policy adopted by resolution.

A. Class A use: requires city council approval;

B. Class B use: issued and approved by building official;

C. Class C use: subject only to business license regulations.

(Ord. 2154 § 2 (part), 1999: Ord. 1987 § 3 (part), 1989)

A. Applications for Class A and B temporary use permits shall be filed with the building and safety department the following specified minimum number of calendar or working days prior to the activity:

1. Class A use (except for parades and photography/motion picture permits): fifteen working days;

2. Parades requiring a Class A use permit: ten calendar days;

3. Class B use permit: fifteen working days (except photography/motion picture permits);

4. Photography/motion picture applications requiring Class A permits: ten working days; Class B permits: two working days.

B. The building official shall initiate action for the review of a fully completed application for a temporary use permit within eight calendar days of its receipt. Except for delays necessitated for reviews by other departments or agencies, which reviews shall be expeditiously taken, the building official shall issue or deny a Class B permit no later than ten calendar days following, based upon substantial compliance with the conditions and standards established by Section 15.60.030(D) and (E). Unless mutually agreed otherwise, the failure of the building official to issue the permit within the timelines specified shall constitute denial of a Class B permit. The building officer shall expeditiously process and shall forward any fully completed application for a Class A permit, together with all staff recommendations, to the city council for its action at the next regularly scheduled city council meeting following submittal in sufficient time prior to the event.

C. Any specific period of time shall be extended by any delay of the applicant in providing required information necessary for processing the permit application.

D. Permit—Issuance—Hearing Request. The city council shall review an application for a Class A temporary use permit at its next regularly scheduled session (normally once a week) following the completion of reviews by all affected city departments, and, unless deferred to a later date at the applicant's request, may approve, approve with modifications or disapprove issuance of the permit, based upon substantial compliance with the conditions and standards established by Section 15.60.030(D) and (E). The decision of the city council shall be final as to all issues involved.

(Ord. 2154 § 2 (part), 1999: Ord. 1987 § 3 (part), 1989)

A. The applicant shall submit the following processing and use fees with the completed application:

1. Class A and Class B uses: as established in the city fee schedule;

2. Class C use: subject only to the business tax license fee administered at the finance department.

B. All fees paid to the city for processing permits are nonrefundable.

C. Waiver of fees for a Class A or B use may be requested at the time the application is submitted. The city council retains the sole authority to waive fees when it finds that a waiver qualifies under the city council policy for waiver of fees.

(Ord. 2154 § 2 (part), 1999: Ord. 2018 § 24, 1991; Ord. 1987 § 3 (part), 1989)

A. Submittals of site development standards, site plan reviews, environmental impact reviews and public works improvements, any of which are otherwise required for building permits, are not required to be submitted under this chapter as a condition to the issuance of a temporary use permit. The procedures established in this chapter constitute an exemption from those requirements.

B. The building official may require evidence that all other related or applicable permits and approvals, such as fire prevention, health and sanitation, building, police, animal regulation, and business licensing, have been obtained as a condition for issuance of any temporary use permit.

C. The building official may require submittal of an engineering design for any temporary buildings, and professional certifications regarding the structure and the mechanical, electrical and other equipment and devices associated with the use which demonstrate substantial conformance with applicable codes, as a condition of the application process.

D. The applicant is responsible for obtaining approval to sell or serve alcoholic beverages from the California Alcohol Beverage Control (ABC) Department, 1350 Front Street, Room 5056, San Diego, California, (619) 237-7241. The city reserves the right to disapprove the sale or service of alcoholic beverages, notwithstanding approval by the ABC, as a condition to the issuance of the temporary use permit.

E. The city council or the building official, as applicable, may attach appropriate conditions and limitations to the issuance of a temporary use permit that are necessary to protect public health, safety and welfare. Such conditions may include but not be limited to:

1. Hours of use;

2. Noise mitigation and placement of, or restrictions upon, amplified sound;

3. Security;

4. Trash collection and disposal;

5. Occupancy loading of structures;

6. Lighting;

7. Sanitary facilities and sanitation;

8. Traffic control;

9. Dust control;

10. Insurance;

11. Notification to surrounding residents;

12. Other related concerns;

13. If a parade, the following:

a. Starting time,

b. The minimum speed,

c. The maximum speed,

d. The maximum interval of space to be maintained between the units of the parade,

e. The portions of the street to be traversed that may be occupied by the parade,

f. The maximum length of the parade in miles or fractions thereof.

F. The failure to address or comply with any requirements and conditions as specified in subsection (E) of this section, or the reasonable and probable potential for or occurrence of the conditions listed below, shall be grounds for denial of the application or the revocation of an issued permit and related enforcement under this chapter:

1. Demonstrated inability or unwillingness by the applicant to comply with the conditions of an issued permit or any previously issued permit for a similar event, either in this jurisdiction or elsewhere;

2. Inadequate security personnel or measures;

3. Inadequate first-aid, safety, health or sanitation measures;

4. Inadequate off-site parking or alternate transportation to minimize adverse effects on traffic circulation and parking in the vicinity of the event;

5. Clear and present likelihood or imminent possibility of an occurrence of violent disorderly conduct likely to endanger public health or safety or result in significant property damage;

6. Unreasonable interference with another previously permitted event;

7. Excessive diversion of police personnel which will or does interfere with the provision of normal services to the remainder of the city;

8. If for a parade to be conducted within the congested traffic area that any of the following will occur:

a. The parade will interrupt the safe and orderly movement of other traffic along and across its route;

b. The conduct of the parade will require the diversion of so great a number of police officers of the city to properly police the line of movement and the areas contiguous thereto as to prevent or interfere with the provision of normal police services to the remainder of the city;

c. The conduct of the parade will require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed line of march and areas contiguous thereto;

d. The concentration of persons, animals and vehicles at assembly points of the parade will unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas;

e. The conduct of the parade will unduly interfere with the movement of firefighting equipment en route to a fire;

f. The conduct of the parade is reasonably likely to cause injury to persons or property; or

g. The parade will not disband from its point of termination expeditiously.

G. No permit shall be issued nor application be approved which implies that the city is a sponsor or cosponsor of the event unless expressly authorized by the city council or city manager, as applicable.

(Ord. 2154 § 2 (part), 1999: Ord. 1987 § 3 (part), 1989)

A. No temporary use permit is valid until endorsed by the building official. Permits requiring city council review and approval shall not be endorsed by the building official until the city council approval is completed.

B. If an appeal on a permit denial or a condition of issuance is taken to the city council, no endorsement shall be made on the permit by the building official until the day following approval action by the city council.

C. Permit Granted—Officials Notified. Immediately upon the granting of a permit by the city council, the building official shall send a copy thereof to the following as applicable:

1. Chief of police;

2. Fire chief;

3. City engineer;

4. Director of public works;

5. General manager or responsible head of each public transportation utility whose regular vehicle routes are affected by the route of any proposed parade or other special event.

(Ord. 2154 § 2 (part), 1999: Ord. 1987 § 3 (part), 1989)

A. Temporary use permits shall be valid only for the maximum durations specified as follows:

Class A Uses: ten days or as limited by the city council;

Class B Uses: times specified on schedule;

Class C Uses: times specified on business license.

B. The city council has the authority to limit or extend the duration of any Class A, B or C use or activity at the request of the applicant.

C. Temporary use permits which are not exercised within the duration specified or are withdrawn by the applicant shall automatically become void.

(Ord. 2154 § 2 (part), 1999: Ord. 1987 § 3 (part), 1989)

A. An applicant may appeal the action of denial or the imposition of conditions by the building official or any city department by filing a written letter of appeal to the city council with the city clerk within ten calendar days of the date of the building official's action stating the reasons therefor. The city clerk shall docket the appeal upon the agenda of the next regularly scheduled council meeting (normally once a week)

B. Upon the filing of an appeal, action on the permit shall be withheld until the city council hearing and decision is rendered. The city council shall have the final authority to approve, conditionally approve or deny the temporary use application.

C. The city council, on its own motion, may move to modify or rescind a previously granted approval of any temporary use application, and, except for emergency situations, the applicant shall first have the opportunity to show cause to the city council before the approval may be rescinded or modified. In an emergency situation, the city council may suspend or rescind a previously approved permit without prior notification.

(Ord. 2154 § 2 (part), 1999: Ord. 1987 § 3 (part), 1989)

A. The building official, upon finding that the conditions specified in Section 15.60.030 exist, that the conditions of any issued permit are being violated, or that extra events or activities beyond those authorized in the permit are being planned or are occurring, may revoke the permit and order the immediate suspension of the activity. Upon the issuance of the order of revocation, all activity shall cease. Any continuation of the activity thereafter is unlawful.

B. Upon finding imminent and hazardous threats to public safety, health or welfare caused by any activity covered by the permit, the building official, with police assistance, shall take reasonable steps to physically prevent public access to the site of any use or activity and eliminate the hazards.

(Ord. 2154 § 2 (part), 1999: Ord. 1987 § 2 (part), 1989)

A. A revoked permit shall not be reinstated. Unless appealed, a new temporary use permit application for the same activity must be made and may not be approved until the causes leading to the prior revocation have been corrected.

B. Appeals from permit revocations may be made in accordance with Section 15.60.045. The filing of an appeal from a revocation or suspension of an activity covered under the temporary use permit does not permit the activity to continue pending the hearing and decision by the city council. All activity must cease until such time as the appeal is decided in the appellant's favor.

(Ord. 2154 § 2 (part), 1999: Ord. 1987 § 2 (part), 1989)

A. Pursuant to council policy adopted by resolution, applicants for temporary use permits may be charged cost recovery fees established in the city fee schedule to recapture the city's actual costs for furnishing public services, personnel or equipment for a special event, including salaries and overhead. Fees for police services shall not be charged solely for the protection of the participants or bystanders in parades or demonstrations or other special events determined to be expressive activity, but cost recovery fees may be charged for providing traffic control and other related safety equipment and services for special event activity on the public streets.

B. Revenue Sharing. The city reserves the right to require promoters of special events conducted on public property or streets and for which an admission fee is charged to pay a designated percentage of the gross receipts to the city as a condition of the issuance of the permit. Separate regulations shall be as prescribed by council policy, or as negotiated by the city manager with council approval.

(Ord. 2154 § 2 (part), 1999)

To minimize the risk of loss to the city or impacted residents as a result of the conduct of an event pursuant to this chapter, the risk manager may require an applicant to execute an indemnification agreement in a form approved by the city attorney, and to provide proof of insurance and a surety bond or deposit in the amount and form approved by the risk manager. Any requirement to provide insurance specified under this chapter does not constitute the discharge of a duty owed by the city, and inures only to the benefit of the city and not to or for the benefit of any private individual or group. The following standards shall apply to the requirement to provide insurance under this chapter:

A. Vehicle Insurance. Vehicle insurance meeting the minimum standards specified in the vehicle code shall be provided whenever an event involves the use of vehicles on public streets or public property.

B. Comprehensive General Liability Insurance. Proof of comprehensive general liability insurance in the minimum amount of one million dollars combined single limits, together with any special endorsements required by the nature of the event or equipment—such as workers compensation for employees or products liability endorsements for food or beverage sales—shall be provided, except as follows:

1. Expressive activity protected under the first amendment which does not involve animals, structural construction, pyrotechnics or mechanical equipment (other than sound equipment), and for which no fee is charged or donation exacted as a condition of admittance or participation, is exempted;

2. For all other events, upon a determination by the risk manager that a greater or lesser amount of insurance for personal injury or property damage is necessary or permissible, according to generally accepted, objective risk management principles applicable to the nature of the event or the equipment to be employed.

C. Indemnification Agreement. The risk manager shall require an applicant exempted from the insurance requirements of subsection (B) of this section to execute an indemnification and hold harmless agreement with the city, and may require other applicants to do the same when appropriate to the nature of the event.

D. Security for Damages or Surety Bonds. The city council or the building official may require a security deposit to be posted, either in cash, negotiable instrument or surety bond issued by a licensed surety, to cover actual or reasonably anticipated damage to public property in an amount not to exceed twenty-five thousand dollars.

(Ord. 2154 § 2 (part), 1999)

A. Violations of any of the provisions of this chapter are punishable as misdemeanors and carry the penalties prescribed in Chapter 1.20 of this code.

B. Except as provided in this chapter it is unlawful and a misdemeanor: (1) to conduct a special event without a temporary use permit; (2) to interfere with or join a special event for which a temporary use permit has been issued without the authorization of the permittee; or (3) to continue to participate in or conduct a special event after the temporary use permit has been revoked or suspended.

(Ord. 2154 § 2 (part), 1999: Ord. 1987 § 2 (part), 1989)

Demonstrations do not require a permit, but it shall be the obligation of the organizer to notify the chief of police at least twenty-four hours in advance of any scheduled demonstration. Demonstrations are required to observe all laws regulating public health and safety, the failure of which may subject the assemblage to be declared an unlawful assembly and the participants to be subject to dispersal and arrest as provided by law.

(Ord. 2154 § 2 (part), 1999)