San Diego County Municipal Code Part Six Temporary Use Regulations

The provisions of Section 6100 through 6149, 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.

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. Civic, Fraternal or Religious Assembly. The temporary gathering by an organization listed in Section 1348 on public or private property that is not the regular gathering place for that organization.

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.

i. Use of Public School Sites. Temporary use of a public school site for certain specified purposes.

j. Certified Farmers’ Market. Temporary use of certain public or commercial property for a Certified Farmers’ Market.

k. Meteorological Testing (MET) Facility. Temporary use of a Meteorological Testing (MET) Facility permitted in accordance with Section 6123.

l. Temporary Outdoor Sales. Temporary outdoor sales, incidental to the existing commercial uses on a site, in certain commercial or industrial zones.

m. Commercial Filming. Temporary use of public or private property (not including public road rights-of-way) for commercial motion picture production, television production, still photography and related activities.

n. Mobile Butchering. Temporary use of commercial, industrial, agricultural or special purpose zoned private property for butchering of livestock on a limited basis.

o. Fishermen’s Market. Temporary use of certain public or commercial property for a Certified Fisherman’s Market.

p. Temporary Cannabis Event. An event of limited duration, and located in a specific area, which allows the on-site sale and/or consumption of cannabis at the event, in compliance with California Business and Professions Code Section 26200(e) and Section 21.2501 et seq. of the San Diego County Code of Regulatory Ordinances.

(Amended by Ord. No. 7693 (N.S.) adopted 11-29-89) (Amended by Ord. No. 9958 (N.S.) adopted 12-10-08) (Amended by Ord. No. 9971 (N.S.) adopted 02-25-09) (Amended by Ord. No. 10006 (N.S.) adopted 9-16-09) (Amended by Ord. No. 10035 (N.S.) adopted 1-27-10) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14) (Amended by Ord. No. 10463 (N.S.) adopted 4-14-17) (Amended by Ord. No. 11015 (N.S.) adopted 8-19-26)

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.

The temporary gathering of people for a circus, carnival, or other outdoor entertainment event may be permitted by the Sheriff pursuant to Title 2, Division 1, Chapter 8 and Chapter 24 of the County Code through the issuance of a license pursuant to the Uniform Licensing Procedure of the County Code and in compliance with the following provisions:

a. Location. A circus, carnival or other outdoor entertainment event may be permitted in any zone except zones subject to the RS, RD, RM, and RV Use Regulations. Notwithstanding this subsection, a circus, carnival or other public outdoor assembly event may be permitted in any zone, including the RS, RD, RM and RV Use Regulations on properties with a valid Major Use Permit subject to the requirements of this section.

b. Duration. The period of operation of the circus, carnival or other outdoor entertainment event shall not exceed five consecutive days, no more than six events per year on the same property. There shall be a minimum of 14 consecutive days between events. Events exceeding these limitations shall be considered Participant Sport and Recreation Use type.

c. Noticed Hearing Not Required. The Sheriff may issue a license pursuant to this section without notice or public hearing.

d. Community Events pursuant to Title 2, Division 1, Chapter 2 of the County Code shall be under the authority of the Department of Environmental Health. Community Events may be permitted in any zone except zones subject to the RS, RD, RM, and RV Use Regulations and are permitted on properties with a valid Major Use Permit subject to the Department of Environmental Health requirements. However, a temporary event or any aspect of an event that is specifically prohibited by the Use Permit conditions shall not be allowed by this Section.

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

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 a permit, license, or leave approved by the governing board of said public agency, which permit, license or lease contains specific authorization for said event. 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 3 consecutive days, and there shall be no more than six events per year.

(Amended by Ord. No. 6937 (N.S.) adopted 4-10-85) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

The temporary gathering by an organization listed in Section 1348 on public or private property that is not the regular gathering place for that organization may be permitted in compliance with the following provisions:

a. Location. An assembly may be permitted in any zone except zones subject to the RS, RD, RM, and RV Use Regulations.

b. Duration. The period of operation of the assembly shall not exceed 8 consecutive days. There shall be a minimum of 14 consecutive days between events.

c. Recurrence. Events recurring more than four times in a calendar year are not considered temporary.

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83) (Amended by Ord. No. 10006 (N.S.) adopted 9-16-09) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

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.

Any temporary use, not involving any significant investment in buildings, structures, or other improvements may be permitted through the issuance of a Major Use Permit on a lot or parcel of land provided the Director, Department of Public Works or the District Director of the California Department of Transportation has determined that said lot or parcel will be required in its entirety at some future date for a County Highway or a State Highway. Alternatively, a Major Use Permit may be granted for any use pursuant to a bonded agreement in an amount sufficient to ensure the removal of all buildings, structures, and other improvements within a specified time and/or under specified conditions when the decision-making body finds that such agreement will carry out the intent of this Ordinance and is enforceable by the County.

(Amended by Ord. No. 8506 (N.S.) adopted 3-1-95)

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 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 one 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 the 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.

NOTE: See Section 6268 (c.2. & e.) for related temporary on-site signage allowances and requirements, and County Code Section 86.701 et seq. for Water Conservation in Landscaping.

b. 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. Building Permits. Prior to the issuance of building permits for the temporary uses in "a" above, 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 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 said 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. Necessary sanitary facilities must be provided as required by the Director of Environmental Health.

4. The property owners shall execute and file with the County and 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 therefore, unless a written request for extension of time has been submitted to and approved by the Director prior to the expiration of said 30 months, and within 30 days of the expiration of said 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 County without further notice. Prior to the erection of any model home, the property owner shall post with the Director a bond in an amount satisfactory to the Director sufficient to defray any expense incurred by the County 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 said uses and improvements and site restoration. The bond shall be released to the property owner or person legally entitled thereto upon satisfactory removal or conversion of the concerned facilities.

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80) (Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 7110 (N.S.) adopted 4-2-86) (Amended by Ord. No. 8157 (N.S.) adopted 10-14-92) (Amended by Ord. No. 8581 (N.S.) adopted 9-20-95) (Amended by Ord. No. 8897 (N.S.) adopted 3-18-98) (Amended by Ord. No. 9690 (N.S.) adopted 12-15-04) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

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 carnival, circus, amusement center, 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 pursued.

4. Construction office on or adjacent to any site on which a building or construction project is being diligently pursued; 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. 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.

6. 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.

7. Business office associated with the production and distribution of agricultural or horticultural products grown on the premises in zones subject to the A70, A72, S90, and S92 Use Regulations upon issuance of an Administrative Permit for a period of not to exceed five years.

8. Government service uses in accordance with the provisions of Section 6120.

b. Residential Uses.

1. Dwelling to accommodate visiting relatives for a period not to exceed thirty (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. Dwelling on land owned by the applicant on which the applicant is diligently pursuing construction under a valid building permit for the first permanent dwelling provided that the trailer coach shall maintain all setbacks required for the main building except that the Director may waive meeting the rear yard setback otherwise required by this ordinance provided such waiver is necessary to prevent interference with construction activities and the trailer will be located no closer to the rear lot line than the required interior side yard setback. However, the Director may allow an ETOP (pursuant to subsection 7) converting to a temporary occupancy permit (TOP) to remain in its previously permitted location.

3. A dwelling for temporary health care on a lot where there is a permanent single family dwelling is permitted subject to the requirements set forth below. This trailer is exclusively for temporary occupancy by either: (a) providers of health care or administration of health services which are required by an occupant of the main dwelling, or (b) relatives of an occupant of the main dwelling who require health care directed by a health services provider.

The following are requirements for health care trailer approval:

a) The health care unit shall be a trailer or mobile home not exceeding 800 square feet measured from the interior surface of the exterior walls, with adequate facilities for living, sleeping, cooking, eating, and sanitation for one or more persons.

b) The trailer shall meet main building setbacks.

c) The trailer shall be connected to existing utility systems or required expansion of said systems on site whenever possible. Where there is no connection to public sewer, prior to the issuance of the building permit, a connection to an onsite wastewater treatment system (OWTS) shall be evaluated and meet the standards of the Local Agency Management Program.

d) Prior to issuance of a building permit for a health care trailer, 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 upon expiration of the permit. Initial permits and subsequent renewals shall be active for a time period determined appropriate by the licensed physician signing the Certificate of Need, with a minimum period of one year and a maximum period of five years.

e) When the health care need no longer exists, the unit shall be removed. Failure to comply is a violation of The Zoning Ordinance and may result in any or all remedies or penalties specified in the Enforcement Procedures commencing with Section 7700, including a $1,000 fine per day or six months jail sentence or both.

f) If the applicant complies with the terms of the temporary occupancy permit, then, upon removal of the trailer coach by the applicant, the full amount of any previously furnished deposit shall be refunded or security released.

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 pursued 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 an officially declared disaster or emergency relating to fire, wind, flood, earthquake or other similar circumstance. An emergency temporary occupancy permit (ETOP) for such a temporary dwelling shall expire at such time as a building permit for the repair or replacement of the principal dwelling has been issued (at which time the ETOP shall be converted to a temporary occupancy permit (TOP) pursuant to subsection b.2), or one year after the declaration date of the event causing the damage or destruction of the principal dwelling, whichever is earlier.

Prior to the expiration of the ETOP, the Director may grant one or more extensions of up to one year each upon making all of the following findings:

a) That the granting of the extension will not be detrimental to the public health, safety and welfare;

b) That there is a special circumstance or a hardship to the displaced residents;

c) That the special circumstance or hardship is not the result of the residents own actions.

c. Termination of Use.

1. When use of a trailer coach is related to a use authorized by a use permit or Administrative Permit, occupancy or use of the trailer coach shall terminate with the expiration, abandonment or revocation of the related use permit and thereafter said 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 said trailer coach shall be removed from subject property.

d. Compliance with County Code. The use and occupancy of any trailer coach shall comply with the provisions of Chapter 2, of Division 5, Title 5, of the County Code or Regulatory Ordinances relating to trailer coaches.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 5684 (N.S.) adopted 1-16-80) (Amended by Ord. No. 6082 (N.S.) adopted 6-10-81) (Amended by Ord. No. 6654 (N.S.) adopted 9-21-83) (Amended by Ord. No. 6761 (N.S.) adopted 4-25-84) (Amended by Ord. No. 6983 (N.S.) adopted 7-03-85) (Amended by Ord. No. 7109 (N.S.) adopted 4-02-86) (Amended by Ord. No. 7110 (N.S.) adopted 4-02-86) (Amended by Ord. No. 7220 (N.S.) adopted 10-22-86) (Amended by Ord. No. 7306 (N.S.) adopted 5-20-87) (Amended by Ord. No. 7468 (N.S.) adopted 5-04-88) (Amended by Ord. No. 7482 (N.S.) adopted 5-18-88) (Amended by Ord. No. 7640 (N.S.) adopted 7-03-89) (Amended by Ord. No. 8205 (N.S.) adopted 2-03-93) (Amended by Ord. No. 8555 (N.S.) adopted 7-14-95) (Amended by Ord. No. 8962 (N.S.) adopted 9-23-98) (Amended by Ord. No. 9690 (N.S.) adopted 12-15-04) (Amended by Ord. No. 10006 (N.S.) adopted 9-16-09) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12) (Amended by Ord. No. 10974 (N.S.) adopted 2-11-26)

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 an Administrative 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 C36, C37, C38 or C40 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 Administrative Permit for temporary government service uses may be issued unless notice has been given in accordance with the provisions of Section 7605b. and the findings made as set forth in Section 7358.

(Added by Ord. No. 7109 (N.S.) adopted 4-02-86)

Property owned by a public school district and designated by the district as a school site may, prior to construction of actual school facilities, be used on a temporary basis for park and playground purposes provided the following conditions are met:

a. Types of Uses. Uses shall be limited to athletic and recreational activities, particularly for children, whether or not such activities are organized.

b. Term of Allowed Temporary Use. The temporary use of a public school site shall not exceed four years unless a major use permit has been approved for such use. The four year period shall run continuously from the first commencement of use under this section.

c. Hours of Operation. Activities, including setup and preparation, shall not begin prior to 8:00 a.m. nor shall they continue later than 8:00 p.m. Monday through Saturday, and 9:00 a.m. till 6:00 p.m. on Sunday.

d. Parking. Adequate off-street parking and/or alternative means of transportation shall be provided, such that allowed activities do not result in a need for on-street parking.

e. Operation and Maintenance. The school district owning or controlling the site in question shall be responsible for operating and maintaining the site and its facilities so that there are no adverse impacts on the public health, safety or neighborhood character. The District shall keep the site clean and well maintained at all times.

f. Permanent Structures. No building permits shall be issued for permanent structures for the accommodation of any temporary uses, except for fences or restroom facilities that comply with the other requirements of this ordinance.

g. All activities at the site shall comply with the County Code of Regulatory Ordinances regarding Noise Control. No amplified sound shall be allowed.

h. District Rules. The public school district shall adopt policies, rules and regulations concerning use of this section, prior to permitting any use pursuant to this section.

(Added by Ord. No. 7693 (N.S.) adopted 11-29-89)

A Certified Farmers’ Market is allowed on a legal lot provided the following conditions are met:

a. Location. A Certified Farmers’ Market shall be located on public property, property owned by a school district which is developed with a school use, within the C31, C32, C34, C35, C36, C37, C40 or C42 use regulations, or within the S88 use regulations and designated commercial in the Specific Plan. A Certified Farmers’ Market shall not be located within a private road easement or on vacant or unimproved land.

b. Duration. A Certified Farmers’ Market shall not operate on more than two days per week.

c. Hours of Operation. No activities, including setup, preparation, sales and close up, shall begin before 6:30 a.m. or continue after than 10:00 p.m. on Monday through Saturday. On Sunday the applicable hours shall be 7:30 a.m. and 6:00 p.m. respectively.

d. The sales area shall not disrupt the flow of traffic onto and off of the site.

e. The market shall have a current Certified Farmers’ Market Certificate issued by the County Agricultural Commissioner and shall comply with all applicable laws, including the applicable provisions of the Food and Agricultural Code, the applicable regulations of the California Department of Food and Agriculture and the applicable ordinances of the County.

(Added by Ord. No. 9958 (N.S.) adopted 12-10-08) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

A Meteorological Testing (MET) Facility is permitted as a temporary use if the following requirements are met:

a. An Administrative Permit must be obtained in accordance with the Administrative Permit Procedure commencing at Section 7050 except as specified in subsection 6123.l below. The following findings must be made prior to approval of an Administrative Permit:

1. The location, size, design, and operating characteristics of the proposed use will be compatible with adjacent uses, residents, buildings, or structures, with consideration given to:

i. Harmony in scale, bulk, coverage and density;

ii. The availability of public facilities, services and utilities;

iii. The harmful effect, if any, upon desirable neighborhood character;

iv. The generation of traffic and the capacity and physical character of surrounding streets;

v. The suitability of the site for the type and intensity of use or development which is proposed; and to

vi. Any other relevant impact of the proposed use;

2. The impacts, as described in paragraph "a.1" of this section, and the location of the proposed use will be consistent with the San Diego County General Plan; and

3. The requirements of the California Environmental Quality Act have been complied with.

b. Location. A MET Facility is prohibited on property subject to the S81 Use Regulations.

c. Notification. Notice shall be provided pursuant to Section 7060c.

d. Setback. The MET Facility shall be set back from all property lines and roads by a minimum of the distance equal to the height of structure (tower, equipment, etc.) or the applicable setback requirements of the zone, whichever is greater. The setback requirements of the zone shall apply to all components of the MET Facility including, but not limited to, a tower, guy wires, guy wire anchors and any other related equipment.

e. Minimum Spacing. The MET Facility shall be located at least 500 feet from any other MET Facility.

f. Area of Disturbance. The MET Facility shall not disturb an area more than is necessary for the base of a tower, the guy wire anchors, other authorized equipment for the Facility and/or an access road. The equipment may include sonar equipment. The entire area of disturbance shall be clearly shown on the plans.

g. Size. The MET Facility may include one temporary structure other than a tower or a sonar equipment trailer. The temporary structure is limited to 120 square feet in size including fencing and noise attenuation walls and may be used to store equipment for the MET Facility.

h. Illumination. No exterior lights are allowed on a MET Facility except as required by the Director, the Federal Aviation Administration or other government agency.

i. Height. The MET Facility shall be less than 200 feet in height.

j. Duration. The MET Facility shall not operate for more than three years from the date of approval of the Administrative Permit unless the Director grants an extension. The Director may grant an extension of time upon the applicant submitting written justification for the continued use of the facility and filing for a modification of the Administrative Permit pursuant to Section 7072. A MET Facility approved by a Use Permit may operate for the time period specified in the Use Permit. The MET Facility shall be removed within 30 days of the expiration of the three-year period specified in the Administrative Permit or the time period specified in the Use Permit.

k. Security. The operator shall provide security in the form and amount determined by the Director to ensure removal of the MET Facility. The security shall be provided to PDS prior to building permit issuance. Once the MET Facility has been removed from the property pursuant to a demolition permit to the satisfaction of the Director, the security may be released to the operator of the MET Facility.

l. A MET Facility that complies with the height designator in the height schedule of the zone in which the facility is located, is allowed with a Zoning Verification Permit if the facility meets the requirements of subsections b, d, e, f, g, h, and k of this section. The MET Facility shall be removed within three years of the Zoning Verification Permit approval date.

m. A MET Facility shall comply with all applicable fire code requirements. If a provision of section 6123 is inconsistent with an applicable fire code requirement, the fire code requirement shall take precedence.

(Added by Ord. No. 9971 (N.S.) adopted 02-25-09) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12) (Amended by Ord. No. 10261 (N.S.) adopted 5-15-13) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

Temporary outdoor sales, incidental to the existing commercial uses on the site, may be allowed in compliance with all of the following provisions:

a. Seasonal sales of pumpkins or Christmas trees. The establishment of a temporary sales lot for the seasonal sale of pumpkins or Christmas trees associated with a recognized holiday is allowed subject to all of the following:

1. Location. The sales lot area shall be located on a paved site with an existing commercial or industrial development within the C34, C35, C36, C37, C40, C42, M52, M54, M58 Use Regulations, or in designated commercial developments in planned developments or specific plans, unless otherwise prohibited. Sales lots are not allowed on vacant properties.

2. Duration. The period of operation shall be between October 1 and October 31 for the sale of pumpkins and between Thanksgiving and December 26 for Christmas trees. The facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the sales event within 10 days after the required end of the sale.

3. Size. The sales lot area shall not exceed 10 percent of the parking area or 10,000 square feet, whichever is less and shall be located most distant from the existing commercial buildings on the property when feasible, to maintain customer parking closest to the buildings. No handicap accessible parking spaces shall be obstructed.

4. Fencing. Temporary fencing up to six feet in height around the sales lot area is allowed, providing the fencing location complies with the Section 6708.

5. Temporary Power. A permit for temporary power shall be obtained, as required by the Building Division, for sales lots requiring electrical service.

6. Lighting. All outdoor lighting, including temporary lighting, shall be in compliance with Section 6300 and with the Outdoor Lighting Regulations of the County Code.

7. Site Plan Modification, Minor Deviation or Site Plan Permit Exemption Not Required. For properties that are subject to Sections 5200, 5750, 5800 or 5900, a Site Plan Modification, Minor Deviation or a Site Plan permit exemption will not be required for temporary outdoor sales that comply with all provisions of this subsection.

8. Additional Limitations.

a) The seller shall obtain any required licenses or permits from the Sheriff pursuant to the Uniform Licensing Procedure of the County Code.

b) The sales lot area shall comply with the fire prevention standards as approved and enforced by the local Fire Protection District.

c) Temporary sanitation facilities shall be provided.

d) The temporary sales lot area shall not be used for the sale of any merchandise not directly associated with pumpkins or with Christmas trees and holiday decorations.

e) The sale of food and beverages is prohibited.

This subsection shall not authorize activities otherwise regulated pursuant to Section 6106.

b. Vehicles, Trailers or Boats. The establishment of a temporary sales lot for the sale of motorized vehicles (including new or used automobiles and recreational vehicles), trailers or boats is allowed, subject to all of the following:

1. Location. The sales lot may be located on any paved site with an existing commercial or industrial development within the C34, C35, C36, C37, C40, M54, M56 and M58 Use Regulations, or in designated commercial developments in planned developments or specific plans where Automotive and Equipment: Sales and Rentals, Light Equipment are a permitted use. Sales lots are not allowed on vacant properties.

2. Duration. The period of operation of the temporary outdoor sales shall not exceed three consecutive days every 3 months, not to exceed 12 days in a calendar year. Facilities for the temporary sale may be set up one day prior to, and taken down one day following, the three day sales period.

3. Size. The sales lot area shall occupy only the parking spaces that are in excess of the minimum number required for the existing uses on the property and shall be located most distant from the existing commercial buildings on the property, when feasible. No handicap accessible parking spaces shall be obstructed.

4. Temporary Power. A permit for temporary power shall be obtained, as required by the Building Division, for sales lots requiring electrical service.

5. Temporary Lighting. All outdoor lighting, including temporary lighting, shall be in compliance with Section 6300 and with the Outdoor Lighting Regulations of the County Code.

6. Site Plan Modification or Minor Deviation Required. For properties that are subject to the provisions of Section 7150, a Modification or Minor Deviation to an existing Site Plan will be required for temporary outdoor sales pursuant to this subsection, unless a Site Plan permit exemption is granted pursuant to Section 7156.

7. Additional Limitations.

a) The temporary outdoor sales event shall conform to all applicable provisions of state law, including all requirements of the Department of Motor Vehicles.

b) The sales lot area shall comply with the fire prevention standards as approved and enforced by the local Fire Protection District.

c) Temporary sanitation facilities shall be provided.

d) Sales of vehicle parts or accessories, food and beverages, or any other items are prohibited.

(Added by Ord. No. 10035 (N.S.) adopted 1-27-10) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

Temporary commercial motion picture production, television production (including commercials), still photography and related activities on public or private property (excluding public road rights- of-way), for occasional commercial filming on location, subject to the following:

a. All commercial filming activities shall be conducted under the auspices of the Chief Administrative Office. A Certificate of Insurance indemnifying the County of San Diego as an additional insured, shall be provided.

b. Prohibited activities:

i. Any filming activity that creates a substantial risk of injury to persons, damage to property or a significant degradation of the environment or that is contrary to the public health, safety or welfare, including but not limited to, disruption of emergency access to surrounding properties.

ii. Any filming activities that violate any applicable County codes including, but not limited to, the Grading Ordinance, Noise Ordinance or Resource Protection Ordinance.

c. Limitations. On properties where commercial filming activities are the principal use of the property or structures, the use shall not be considered temporary and shall be subject to all applicable provisions of the Zoning Code.

d. Exempted activities. The filming, videotaping or production of current news which includes reporters, photographers or cameramen employed by a newspaper, news service, broadcasting station or similar entity engaged in on-the-spot broadcasting of news events, or the filming or videotaping of motion pictures solely for private family use, shall be exempt from these provisions.

(Added by Ord. No. 10095 (N.S.) adopted 12-8-10) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

a. Location.

1. Mobile Commercial Butchering operations shall be located within commercial, industrial, agricultural or special purpose zones where either the Food and Beverage Retail Sales use type is allowed or where the Packing and Processing: Limited or General use types are allowed.

2. Mobile Custom Butchering operations shall be located on a property where the livestock was raised, or another nearby property under the same ownership, where the Packing and Processing: Limited or General use types are allowed.

b. Setback. The trailer or vehicle where the mobile butchering occurs shall be located outside the setback requirements of the zone or at least 25 feet from the nearest property line, whichever is greater.

c. Duration. Mobile butchering shall not operate on more than 6 times per year and not more than 3 consecutive days on the same property or property within 1 mile of another property used for mobile butchering by the same owner.

d. Hours of Operation. No activities, including setup, preparation, and slaughtering or butchering shall begin before 7 a.m. or continue later than 8:00 p.m. on Monday through Saturday. On Sunday the applicable hours shall be 9 a.m. and 6:00 p.m., respectively.

e. The Mobile Butchering operation shall be registered with the USDA and shall comply with all applicable federal and state laws and/or guidelines.

f. All remains (carcasses, blood, etc.) of animals slaughtered shall be disposed of off-site in compliance will all applicable state and local laws. No accumulation of animal matter in which fly larvae exist or any accumulation of filth or source of foulness hazardous to health or comfort of people is allowed.

(Added by Ord. No. 10463 (N.S.) adopted 4-14-17)

A Fishermen’s Market is allowed on a legal lot provided the following conditions are met:

a. Location. A Fishermen’s Market shall be located on public property, property owned by a school district which is developed with a school use, within the C31, C32, C34, C35, C36, C37, C40 or C42 use regulations, or within the S88 use regulations and designated commercial in the Specific Plan. A Fishermen’s Market shall not be located within a private road easement or on vacant or unimproved land.

b. Duration. A Fishermen’s Market shall not operate on more than two days per week.

c. Hours of Operation. No activities, including setup, preparation, sales and close up, shall begin before 6:30 a.m. or continue after than 10:00 p.m. on Monday through Saturday. On Sunday the applicable hours shall be 7:30 a.m. and 6:00 p.m. respectively.

d. The sales area shall not disrupt the flow of traffic onto and off of the site.

e. The market shall comply with all applicable laws, including the applicable provisions of the Food and Agricultural Code and the Health and Safety Code, and all applicable requirements of the Department of Environmental Health.

f. A Fishermen’s Market may operate at the same time and location as a Certified Farmers’ Market, provided each Market meets all applicable requirements of state codes and local ordinances.

(Added by Ord. No. 10463 (N.S.) adopted 4-14-17)

a. a. Temporary cannabis events shall comply with Title 2, Division 1, Chapter 25 of the San Diego County Code of Regulatory Ordinances and may be allowed subject to all application and license requirements in Section 21.2534 relating to Temporary Cannabis Events.

b. Location. Temporary cannabis events may be held on private property in C35, C36, C37, C38, C40, M50, M52, M54, M56, and M58 zones. Temporary cannabis events must be setback 600 feet from residential zones, and cannabis sensitive uses as defined in Section 6995.e.4.i. Temporary cannabis events shall not be allowed at a cannabis facility.

c. Duration. A temporary cannabis event license shall only be issued for up to four consecutive days, consisting of no more than two days of operation and two days for set-up and breakdown/cleanup. The hours of operation for the event shall be no earlier than 10 a.m. and no later than 10 p.m.

d. Allowed Number of Events. A maximum of six temporary cannabis events shall be allowed per calendar year on each legal lot that is approved to host a temporary cannabis event.

(Added by Ord. No. 11015 (N.S.) adopted 8-19-26)