Chapter 19.70 — TEMPORARY USE PERMITS

(MC 1385 1/16/13; MC 1414 7/6/15)

The Temporary Use and Special Event Permits allow s for short-term activities which may be appropriate when regulated.

The following temporary uses may be permitted, subject to the issuance of a Temporary Use Permit:

1. Real estate offices and model homes within approved development projects;

2. On-site and off-site contractor’s construction yards in conjunction with an approved development project;

3. Trailer, coach or mobile home as a temporary residence of the property owner when a valid residential building permit is in force;

4. Repealed by Ordinance; (MC 1414 7/6/15)

5. Fireworks stands;

6. Emergency public health and safety needs;

7. Temporary vehicle sales and car shows held at San Manuel Park;

8. Repealed by Ordinance; (MC 1414 7/6/15)

9. Repealed by Ordinance; (MC 1414 7/6/15)

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10. Food carts, operated at fixed, pre-approved locations in the Main Street Overlay zone;

11. Food trucks on private property (limit of three trucks);

12. Group assemblies not subject to Section 19.70.025;

13. Similar temporary uses which, in the opinion of the Director are compatible with the zone and surrounding land uses, pursuant to Section 19.02.070 (3) (Similar Uses Permitted); and (MC 1393 12/2/13)

14. Beer, wine or alcohol on public property (ABC permits). (MC 1414 7/6/15)

The following temporary uses may be permitted, subject to the issuance of a Special Event Permit:

1. Group assemblies with more than 100 attendees and/or for a duration longer than three days (excluding set-up and break-down);

2. Circuses, rodeos, carnivals, film-making activities, parades, marches, and street closures; (MC 1414 7/6/15)

3. Fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities;

4. Pumpkin and Christmas tree sales lots; (MC 1414 7/6/15)

5. Fund-raising car washes; (MC 1414 7/6/15)

6. Produce stands in community gardens; (MC 1414 7/6/15)

7. Food truck events (more than three trucks);

8. Certified Farmers Markets; and

9. Beer, wine or alcohol on public or private property where no regular alcohol service is approved (ABC permits). (MC 1414 7/6/15)

10. Cannabis Special Events (items 1 – 9 shall not be applicable) (MC 1519 7/17/19)

The following uses are exempt from the provisions of this chapter:

1. Garage and yard sales, provided the sales only occur on parcels developed with a residential use, do not occur more than 12 times per year, for no more than three days per event, and only on the third weekend of the month, in compliance with Municipal Code Section 8.14.070. (MC 1393 12/2/13)

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2. Temporary outdoor displays and sales, pursuant to Chapter 5.22 of the Municipal Code.

3. City-sponsored uses and activities, or activities occurring on City-owned property, occurring at regular intervals (weekly, monthly, yearly, etc.). Other City permits (building permits, encroachment permits, etc.) may be required.

In addition to the foregoing, the following uses shall be exempt from any permit fees required to be paid for a permit under this Chapter:

• A. A student of a U.S. educational institution seeking a special event permit for film-making activities upon presentation of a signed letter on school letterhead from a school administrator or instructor stating that the applicant is currently enrolled in the institution and that the filming activities are for educational purposes and not intended for commercial release." (MC 1575 5/4/22)

1. Any use not allowed in the underlying zone.

2. Any food preparation activity, except for approved food carts, food trucks, or in conjunction as an accessory to an approved larger-scale temporary use or special event (i.e., food preparation as part of a carnival or company employee appreciation event).

3. Outdoor sale of goods not accessory to a primary retail use on the property or accessory to an event sponsored by an educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code (i.e., flower stands at a service station).

4. Car washes not sponsored by an educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code or by a bereaved family, and/or not located on the property controlled by the sponsoring entity, or on sites approved and developed as a commercial car wash.

5. Animal rides/petting zoos not in conjunction as an accessory to an approved larger-scale temporary use of special event (i.e., with a Christmas tree sales event or carnival).

6. Any other temporary use determined to be a nuisance or which does not comply with the requirements of this Development Code (i.e., located in a required parking space).

• A. Real Estate Office and Model Homes

  1. Accessory facility only. On-site temporary real estate offices or temporary model home complexes, may be established only within the boundaries of a residential subdivision for the limited purpose of conducting sales of parcels within the same subdivision. Off-site sales of parcels from any temporary office shall require a Conditional Use Permit.

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2. Allowed locations. In all residential zones and all mixed-use developments with a residential component.

3. Requirements. A temporary real estate sales office of model home complex established or maintained in compliance with this Subsection shall meet all of the following requirements:

  - **a.** An agreement and a cash deposit or surety bond in an amount sufficient to guarantee to the City the removal of the sales office or model home complex, or the restoration of the premises in conformity with the approved Development Permit and with the applicable provisions of this Development Code within 60 days after the last residence or parcel within the subdivision has been sold and escrow closed shall be required. 

  - **b.** Off-street parking shall be provided at the same ratio as required for offices in compliance with Chapter 19.24 (Off-Street Parking Standards). 

4. Duration. The temporary real estate sales office and temporary model home complex may be maintained until all of the on-site parcels in the subdivisions have been sold and the escrow closed.

• B. On-site and off-site Contractors’ Construction Yards – Shall be operated only in conjunction with an approved building permit. The construction yard shall be removed immediately upon completion of the construction project.

• C. Temporary Residence – Shall be limited to the property owner and only when a valid residential building permit is in force.

• D. Pumpkin and Christmas Tree Sale Lots

  1. Exemptions. A permit shall not be required when such sales are in conjunction with an established commercial business holding a valid business registration certificate.

  2. Duration. Pumpkin/Christmas tree sales shall only be held from October 1 through December 31.

  3. Vacant Lots . Applicants for Pumpkin/Christmas tree sales proposed on vacant lots shall provide adequate on-site parking spaces and access. A site plan shall be submitted to the Planning Division for review and approval and a $1,000 cash deposit shall be provided to ensure clean-up of the site.

• E. Fireworks Stands – Allowed with a Temporary Use Permit when in compliance with Chapter 8.60 of the Municipal Code.

• F. Temporary Vehicle Sales and Car Shows may be held in the San Manuel Park, subject to an approved Temporary Use Permit. These activities are limited to twice per calendar year for a maximum of seven days per event type.

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• G. Fund-Raising Car Washes

1. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code, or to bereaved families.

2. Fund-raising car washes shall occur no more than 12 days per calendar year per property.

3. Fund-raising car washes shall occur on the property controlled by the sponsoring entity, or on sites approved and developed as a commercial car wash.

4. Fund-Raising car washes shall be conducted in compliance with applicable stormwater regulations to minimize potential water quality impacts.

• H. Food Carts – Shall be operated only at fixed, pre-approved locations in the Main Street Overlay zone, at least 500 feet away from any restaurant and under current permits from the County Environmental Health Services Division.

• I. Food Trucks – Shall be limited to no more than three trucks at any one time, on the same property occupied by the business/establishment hosting the temporary event, for no more than three days per event, with no event occurring more than twice per year per location and under current permits from the County Environmental Health Services Division.

For the purposes of this Subsection, a shopping/business center shall count as a single host business/establishment. All other food truck events shall comply with Section 19.70.036 (Development and Operational Standards for Special Event Permits).

• J. Group Assembly – A Temporary Use Permit shall be required for a group assembly not to exceed 100 persons nor continue for a duration exceeding three days (excluding set-up and break-down). A Special Event Permit shall be required for all group assemblies exceeding these parameters, and for all circuses, rodeos, carnivals, fairs, festivals and concerts when not held within premises designed to accommodate such events, such as auditoriums, stadiums or other public assembly facilities. No permit is required for group assemblies that occur completely indoors and within premises designed to accommodate such events.

• A. Group assemblies over 100 attendees or for a duration longer than three days (excluding set-up and break-down), and for circuses, rodeos, carnivals, fairs, festivals, concerts and similar uses, a Special Event Permit shall be required unless the event occurs in a facility designed to accommodate such events. Events subject to a Special Event Permit shall occur no more than a maximum of 15 days per 180-day period per location.

• B. Food Truck Events – In addition to complying with all applicable San Bernardino food truck event requirements, a Special Event Permit shall be required for all proposed food truck events that do not meet the criteria stated in Section 19.70.035.I.

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1. Location. Food truck events may occur on any property improved with a non-residential land use up to two times per year per location for a maximum of three days per event. A Special Event Permit does not allow a food truck operator to roam the City streets. Food trucks operated in associated with an approved Special Event Permit must operate from the approved location per the permit only.

2. Vacant lots. Food truck events shall not occur on vacant lots or on unpaved surfaces.

• C. Certified Farmers Markets are allowed in the CG-1, CG-2, CG-3, CR-1, CR-2, CR-3, CCS-1, CCS-2, CCS-3, and CH zones subject to the following criteria: ( MC 1393 12/2/13)

  1. Such use shall be limited to not more than 120 days in a calendar year.

  2. Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the Community Development Director.

  3. Seventy-five percent (75%) of the total farmers market sales area must be for the sale of farm products such as fruits, vegetables, nuts, herbs, eggs, honey, livestock food products (meat, milk, cheese, etc.), or flowers and value added farm products such as baked goods, jams, and jellies.

  4. Farmers markets shall be certified and comply with the requirement of Chapter 10.5 Direct Marketing Requirements of Division 17 of the California Food and Agriculture Code.

  5. All farmers markets shall have a market manager authorized to direct the operations of all vendors participating in the market on site during hours of operation. Farmer’s market managers shall obtain and have on site all operating and health permits during hours of operation.

  6. Operating rules, hours of operation, and maintenance and security requirements shall be submitted for review to the satisfaction of the Community Development Director.

• D. Parades (MC 1414 7/6/15)

  1. Definition of parade. "Parade" means a march, procession or athletic event consisting of people, animals, vehicles, or any combination thereof, on any City street, sidewalk, alley or other public right-of-way, which interferes with the normal flow of pedestrian or vehicular traffic or does not comply with traffic laws or controls.

The definition of parade does not include the following:

• A. Funeral processions.

• B. Parades of forty or fewer pedestrians marching along a route which is restricted to sidewalks and crossing streets only at pedestrian crosswalks or street corners in accordance with traffic regulations and controls, provided that pedestrians participating in the parade shall cross streets in units of fifteen or fewer persons and allow vehicles to pass between such units.

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• C. Parades, athletic events or other special events occurring exclusively on City property for which another type of City permit is obtained. (Ord. 2069 8/01/55; MC 522 5/20/86)

2. It is unlawful for any person to conduct, manage or participate in any parade without a written permit first having been secured from the Community Development Director and the Chief of Police.

3. Interference with parade. It is unlawful for any person to knowingly join or participate in any parade in violation of any terms of the permit for the parade, join or participate in any permitted parade without the consent of the parade sponsor, or in any manner interfere with the progress or orderly conduct of the parade. (Ord. 2069 8/01/55; MC 369 5/22/84; MC 522 5/20/86)

4. Permit application procedure.

• A. Any person desiring to conduct a parade shall file a verified application for a permit at the office of the Community Development Department not less than ten working days nor more than six months before the date on which the parade is proposed to be conducted.

• B. If an application is filed after the filing deadline, the Community Development Director and the Chief of Police shall immediately investigate to determine if he or she has sufficient time to process the application, to investigate the effects of the parade on traffic and other conditions, and to obtain police services for the event. The applicant may demonstrate that the circumstances giving rise to the parade did not reasonable allow the participants to file for a permit within the time prescribed and that imposition of the time limitation would unreasonably restrict the right of free speech. If such a demonstration is made to the reasonable satisfaction of the Community Development Director and the Chief of Police, he or she shall issue a permit despite the lack of ten days' advance notice.

5. Contents of permit application.

• A. The application for a parade permit shall provide the following information:

  1. The name, address, and telephone number of the applicant, the sponsoring organization, the parade chairperson, and an alternate contact person. The Community Development Director and the Chief of Police may require a written authorization from an officer of the sponsoring organization.

  2. A statement of the nature or purpose of the event.

  3.

  • The date and the estimated starting and ending time of the parade.

4. The location of the proposed parade assembly area, disbanding area, and the route proposed for the parade.

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5. The type and estimated number of participants, vehicles, animals, and floats. Each float shall be described in terms of its width, height, power source, and speed. The number of participants in each marching unit shall be given and any sound amplifying equipment proposed for use shall be described.

  **6.** The training and instructions to be given to parade participants, the number and location of parade monitors to be employed or utilized and arrangements for parking which will be made. 

• B. If an application is filed after the filing deadline, the Community Development Director and the Chief of Police shall immediately investigate to determine if he or she has sufficient time to process the application, to investigate the effects of the parade on traffic and other conditions, and to obtain police services for the event. The applicant may demonstrate that the circumstances giving rise to the parade did not reasonably allow the participants to file for a permit within the time prescribed and that imposition of the time limitation would unreasonably restrict the right of free speech. If such a demonstration is made to the reasonable satisfaction of the Community Development Director and the Chief of Police, he or she shall issue a permit despite the lack of ten days advance notice.

6. Conditions to permit. As a condition to granting a parade permit, the Community Development Director and the Chief of Police may impose reasonable requirements concerning the time and place of the parade, the area and manner of assembling and disbanding the parade, the route and spacing of all units, the maximum length of the parade, the maximum and minimum speed, the stops permitted, accommodation of other traffic, the number and type of vehicles, levels of sound amplification and other requirements found necessary for the protection of persons and property and for control of traffic.

7. Issuance or denial of permit. In accordance with standards uniformly applied to similar conditions, the Community Development Director and the Chief of Police shall issue the permit conditioned upon the applicant's written agreement to comply with any terms of the permit, unless the permit is denied on any of the following grounds:

• A. An application received prior in time has been approved for the same time and place requested by the applicant or at a time and place so close as to cause undue traffic congestion or exceed the ability of the City to provide police and other services for both events.

• B. The time, route, or size of the event will substantially interrupt the safe and orderly movement of traffic in contiguous areas or will disrupt the use of streets at a time of usual traffic congestion.

• C. The concentration of persons, animals and vehicles for parade purposes will prevent proper police, fire, or ambulance service to contiguous areas.

• D. The parade is of a size or nature that requires a diversion of so great a number of police officers to police the line of march and contiguous areas that it will prevent reasonable police protection to the remainder of the City.

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• E. The location of the parade will substantially interfere with construction or maintenance work scheduled upon or along the City streets or will interfere with a previously granted encroachment permit.

• F. The time, route and size of the parade will unreasonably disrupt the movement of other traffic.

• G. Information contained in the application or any supplemental information furnished is found to be intentionally false in any material detail or the applicant fails to complete the application after having been notified of additional information that is required.

• H. The applicant fails or refuses to comply with any condition reasonably imposed on the granting of the permit in order to ensure the safety of event participants, members of the Police Department or the public, or to ensure the orderly flow of traffic, or to avoid the likelihood of harm to public or private property, provided that nothing in this section authorizes the Chief of Police to impose conditions which unreasonably interfere with the right of free speech. (MC 522 5/20/86)

8. Alternative to denial. When the grounds for denial of an application can be corrected by altering the date, time, duration, route, or location of the event, the Community Development Director and the Chief of Police shall, instead of denying the application, conditionally approve the application upon the applicant's acceptance of conditions of permit issuance. The conditions imposed shall provide only for such modifications of the applicant's proposal as are necessary to achieve compliance with Section 12.56.070.

9. Appeal.

• A. Any applicant aggrieved by the decision of the Community Development Director and the Chief of Police with reference to the issuance, conditional issuance or denial of a permit, may appeal to the Common Council in accordance with the provisions of Chapter 2.64.

• B. If there is insufficient time for a timely appeal to be heard by the Common Council prior to the date on which the event is scheduled, the applicant may, at his or her option, request an appeal before the city Manager. The City Manager, or his or her designee, shall hold a hearing no later than two business days after the filing of the appeal, and will render his or her decision no later than one business day after hearing the appeal. If the appeal is heard before the City Manager, the City Manager's decision shall be final. The City Manager may impose any conditions upon approval which the Chief of Police could have imposed.

10. Contents of Permit. In each permit, the community Development Director and the Chief of Police shall prescribe:

• A. The date, time, route or location;

• B. Conditions concerning time and place of assembly start, finish, and disbanding of the parade;

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• C. Conditions concerning accommodation of pedestrian or vehicular traffic, spectators, and the portion of streets to be traversed;

• D. Requirements for first aid or sanitary facilities;

• E. Requirements for use of event monitors and provision of notice of permit conditions to event participants;

  • F. Restrictions on the number and type of vehicles, animals, or structures in the parade and inspection of floats, structures, and decorated vehicles for fire safety.

  • G. Compliance with animal protection ordinances and laws;

  • H. Requirements for sanitary facilities, clean-up and restoration of City property;

  • I. Restrictions on use of amplified sound; and

  • J. Such other requirements as are found to be reasonably necessary for the protection of persons and property.

11. Revocation of Permit. Any permit for a parade issued pursuant to this Chapter may be summarily revoked by the City Manager or Mayor and Common Council at any time or by the Chief of Police on the date of the parade when by reason of a present or prospective disaster, riot, public calamity, or other emergency, it is determined that the safety of persons or property requires such revocation. When any permit is revoked pursuant to the provisions of this Chapter, the permit shall be reinstated as soon as the conditions constituting the emergency have abated. (MC 522 5/20/86)

12. Deposit – Barricades. The sponsor of an event desiring use of barricades shall be required to provide a deposit prior to the issuance of the parade permit. The deposit shall be in the amount established by resolution adopted by the Mayor and Common Council. (MC 522 5/20/86; MC 588 4/22/87)

13. Indemnification Agreement. Prior to the issuance of a parade permit, the permit applicant and authorized officer of the sponsoring organization, if any, must sign an agreement which shall provide that the permittee/sponsoring organization shall defend the City against, and indemnify and hold the City harmless from, any liability to any persons resulting from any damage or injury occurring in connection with the permitted event proximately caused by the actions of the permittee/sponsoring organization, its officers, employees or agents, or any person who was under the permittee's/sponsoring organization's control insofar as permitted by law. Persons who merely join in a parade are not considered by that reason alone to be "under the control" of the permittee sponsoring organization.

14. Insurance.

• A. The applicant/sponsor of a parade must possess or obtain public liability insurance to protect against the loss from liability imposed by law for damages on account of bodily injury and property damage arising from the parade. Such insurance shall

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name on the policy or by endorsement as additional insureds the City of San Bernardino, its officers, employees, and agents. Insurance coverage must be maintained for the duration of the event.

  - **B.** Coverage shall be comprehensive general liability insurance policy.  The minimum limits required shall be one million dollars for each occurrence of bodily injury and two hundred fifty thousand dollars for each occurrence of property damage.

• C. If food or non-alcoholic beverages are sold or served at the parade, the policy must also include an endorsement for products liability in an amount of not less than five hundred thousand dollars. If alcoholic beverages are sold or served at the parade, the policy must also include an endorsement for liquor liability in an amount of not less than five hundred thousand dollars.

  - **D.** A copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the Director of Human Resources not less than five days before the date of the parade unless said Director for good cause waives the filing deadline.  The parade permit shall not be issued by the Community Development Director and the Chief of Police until after the insurance policy or certificate of insurance along with necessary endorsements have been filed by the applicant/sponsor and approved by said Director. 
  
  - **E.** The insurance requirements of subsections A and B above shall be waived by the Chief of Police for parades if the following conditions are satisfied: 
  
     **1.** The applicant or an officer of the sponsoring organization signs a verified statement that he or she believes the parade's purpose is First Amendment expression, and that he or she has determined that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression, or that it has been impossible to obtain insurance coverage. The statement shall include the name and address of one insurance agent or other source of insurance coverage contacted to determine insurance premium rates for insurance coverage. **(MC 522  5/20/86;  MC 1027 9/9/98)** 
  

  15. Penalties. Any person violating any provision of this Chapter is guilty of an infraction, which upon conviction thereof, is punishable in accordance with the provisions of Section 1.12.010 of this Code. Criminal prosecution for a violation of this Chapter does not preclude the City from pursuing any available civil remedies arising from any activity regulated by this Chapter. (MC 522 5/20/86)

• E. Cannabis Special Events (MC 1519 7/17/19)

  1. The applicant shall submit a Special Event application form to the City of San Bernardino with all required supplemental information including:

  - **a)** A site plan detailing the layout of the event according to the submittal requirements checklist contained in the application.
  

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• b) A Certificate of Liability insurance in the amount of a minimum of $2,000,000, naming the City of San Bernardino as additional insured and in accordance with the submittal requirements checklist contained in the application.

• c) A copy of the organizer’s Cannabis Event Organizer License issued by the Bureau of Cannabis Control.

• d) An emergency response and evacuation plan.

• e) A traffic management plan that includes management of City sidewalks and public rights-of-way within a ¼ mile radius of the National Orange Show. The traffic management plan shall contain a parking plan, and a map of any off-site parking for the event that includes property owner authorization for any off-site parking and information detailing how attendees will get to the event site from the off-site parking area.

  • f) A waste management plan including a ¼ radius around the National Orange Show fairgrounds. The area included in the waste management plan shall be free of debris, litter, or any other evidence of the event within 24 hours of the end of the event.

2. The applicant shall obtain a Temporary Cannabis Event License through the California Department of Consumer Affairs, Bureau of Cannabis Control and comply with all regulations in Chapter 5 (Cannabis Events) of the California Code of Regulations, Title 16, Division 42.

3. The applicant shall pay all fees to ensure the City obtains full cost recovery for all staff, including Planning, Public Safety, Public Works and Legal Counsel.

4. The applicant shall make a payment of an event fee in the amount of $7.50 per ticket estimated to be sold, to be remitted to the City of San Bernardino 14 days prior to the event date. The fee shall be calculated by the estimated attendance number plus an additional 25% of the total. After the event, the applicant shall provide proof of final ticket sales and this fee will be adjusted accordingly.

5. The applicant shall notify property owners within a 500 foot radius of the event, by mail, 14 calendar days prior to said event, using for this purpose the last known name and address of such owners as shown upon the current tax assessor's records. Notice is deemed received two days after date of postmark. The list of property owners and tenant addresses shall be typed upon gummed labels, together with required postage. The list shall be prepared and certified by the applicant, or a title insurance company, civil engineer or surveyor licensed to practice in California. The notice shall state the nature of the event, location of the property (text or diagram), the date, time, and place of the scheduled event.

6. The applicant for a Cannabis Special Event must submit a separate event application to the San Bernardino County Fire Department for review. A Cannabis Special Event must comply with all San Bernardino County Fire Department regulations.

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7. The applicant must provide complete list of vendors with proof of licensure 14 days prior to the event date. All vendors must also obtain a Temporary Business License through the City of San Bernardino Finance Department, Business Registration Division.

8. A cannabis event shall not commence before 12:00 pm on any day, and shall not end later than 10:00 pm on any day. A cannabis event may not run for more than 4 consecutive days.

9. The applicant shall be responsible for reimbursement costs to the City of San Bernardino for “extraordinary law enforcement services” generated by the event. Extraordinary law enforcement services are those defined under the San Bernardino Municipal Code 8.82.

10. The use of A-frames, animated, moving, flashing, blinking, reflecting, revolving, or any similar signage is not permitted off-site. Signs/banners shall not be posted on the sidewalks, landscape areas, light poles, street signs, trees, etc. off-site. Banners may be attached to the fence.

11. The applicant must sign an acceptance of conditions agreement upon receipt of the permit approval letter.

12. No more than four Cannabis Special Events shall be permitted in any 12 month period, and no applicant may apply for more than one Cannabis Special Event permit in any 12 month period.

• A. General. A Temporary Use Permit or Special Event Permit shall be required prior to commencement of any use listed in Sections 19.70.020 and 19.70.025. A Temporary Use Permit or Special Event Permit may be approved, modified, conditioned, or denied by the Director, or the Director may refer such application to the Commission. Decisions of the Director may be appealed to the Commission pursuant to Chapter 19.52 (Hearings and Appeals).

All events associated with any Temporary Use Permit or Special Event Permit shall operate in compliance with all of the conditions associated with the Temporary Use Permit or Special Event Permit.

A copy of the approved Temporary Use Permit or Special Event Permit, along with the associated conditions, shall be in the possession of the person in charge during the event. Such copies shall immediately be presented to any City enforcement official upon request for examination.

Submittal Requirements (all applications).

1. A completed application form and Notarized property owner’s authorization shall be provided.

2. Flame resistance certificate and specifications for tents/canopies.

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3. List of all vendors and type of service provided.

4. All applicable fees, including any cleanup deposit, shall be provided.

B. Temporary Use Permit Applications.

1. Time to submit – A completed application form and fees shall be submitted no less than 10 working days from the date of the beginning of the proposed use (bereaved families submitting an application for a TUP, such as a fund-raising car wash, may submit an application at least five days in advance of the proposed event).

2. Review procedures – Upon receipt of a completed application and all related fees, the Community Development Department shall review and approve, modify, condition or deny the application. Note that review by outside agencies (i.e., the Fire Department or County Health Department) may be required.

C. Special Event Permit Applications.

1. Time to submit – A completed application form and fees shall be submitted no less than 30 working days from the date of the beginning of the proposed use. (MC 1414 7/6/15)

2. Review procedures – Upon receipt of a completed application and all related fees, the Community Development Department shall route the application to all applicable outside agencies responsible for reviewing the application (i.e., Police, Fire, County Health Department, etc.). Upon obtaining proof that all requirements of all outside reviewing agencies are met, the Community Department shall review and approve, modify, condition or deny the application.

and all related fees, the Community Development Department shall route the application to all applicable outside agencies responsible for reviewing the application (i.e., Police, Fire, County Health Department, etc.). Upon obtaining proof that all requirements of all outside reviewing agencies are met, the Community Department shall review and approve, modify, condition or deny the application.

3. If off-site parking is required, the applicant shall provide proof from the owners of the properties on which the parking will be provided that the parking spaces to be used are not required parking spaces, or that the parking spaces used in conjunction with the special event will not be used during normal business hours. Additionally, the applicant shall provide a plan for shuttles or other means to ensure the safe passage of event attendees between the off-site parking spaces and the event.

Standards for floor areas, heights, landscaping, parking, setbacks, and other structure and property development standards that apply to the category of use or the land use district of the subject site shall be used as a guide for determining the appropriate development standards for a temporary use. All activities shall be limited to their specified land use districts. A Temporary Use Permit or Special Event Permit may only be issued for activities allowed in the underlying land use district.

The Director may approve or conditionally approve a Temporary Use Permit or Special Event Permit application only when all the findings contained in Section 19.36.050 (Conditional Use Permits) are made.

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TEMPORARY USE PERMITS – 19.70

In approving an application for a Temporary Use Permit or Special Event Permit, the Director may impose conditions deemed necessary to ensure that the permit will be in accordance with the findings required by Section 19.36.050. These conditions may involve any pertinent factors affecting the operation of such temporary event, or use, and may include, but are not limited to:

1. Provision for a fixed period not to exceed 90 days for a temporary use not occupying a structure, including promotional activities, or 1 year for all other uses or structures, or for a shorter period of time as determined by the Director or as specified in this Chapter. Food carts and produce stands may be permitted for one year initially, and renewed annually, subject to verification of compliance with conditions of approval and County permit requirements, as applicable.

2. Provision for temporary parking facilities, including vehicular ingress and egress and any necessary shuttles or other means to ensure safe passage of event attendees from off-site parking areas to the event. The use of off-site private parking lots overflow parking may only occur if there is a demonstrated need for the additional parking and that the additional parking spaces are not required parking spaces, or the business(es) providing the parking will be closed when the parking spaces are to be used in conjunction with the temporary or special event;

3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination or drainage on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat;

4. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

5. Provision for sanitary and medical facilities, including toilet facilities;

6. Provision for solid, hazardous and toxic waste collection, including receptacles for trash and recyclables, and disposal;

7. Provision for security and safety measures, including fencing and lighting;

8. Standards for maintenance and upkeep, including irrigation and cutting of plant materials;

9. Regulation of signs;

10. Regulation of operating hours and days, including limitation of the duration of the temporary use, as outlined in Condition No. 1;

11. Submission of a performance bond or other surety devices, satisfactory to the City Engineer, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;

12. Submission of a site plan indicating any information required by this Chapter;

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June 2022

TEMPORARY USE PERMITS – 19.70

13. A requirement that the approval of the requested Temporary Use Permit or Special Event Permit is contingent upon compliance with applicable provisions of the Municipal Code; and

14. Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this Chapter.

Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of this Development Code. A bond or cash deposit for the amount of $1,000 shall be deposited with the City for operations that occur on vacant or undeveloped sites, to ensure cleanup after the activity is finished. A performance security may be required for other proposed temporary uses prior to the commencement of such activities to ensure cleanup after those activities.

A Temporary Use Permit or Special Event Permit may be revoked or modified by the Director if any one of the following findings can be made:

1. That circumstances have changed so that one or more of the findings of fact contained in Section 19.36.050 can no longer be made;

2. That the Temporary Use Permit or Special Event Permit was obtained by misrepresentation or fraud;

3. That one or more of the conditions of the Temporary Use Permit or Special Event Permit have not been met; and

4. That the use is in violation of any statute, ordinance, law, or regulation.

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June 2022

VARIANCES – 19.72