San Fernando Municipal Code Div. 5 Temporary Use Permit and Special Event Permit

The intent and purpose of this division is to establish a process for reviewing proposed temporary uses and special events to ensure that basic health, safety, and community welfare standards are met, while approving suitable temporary uses and special events, with the minimum necessary conditions or limitations consistent with the temporary nature of the activity. A temporary use permit and special event permit allows for short-term activities that might not meet the normal development or use standards of the applicable zoning district but are considered acceptable due to their temporary nature.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Permit requirement. A temporary use permit or special event permit approved by the applicable review authority shall be required for all uses identified in this division and shall be issued before the commencement of the activity.

(b) Exempt activities. The following temporary uses are exempt from requiring a temporary use permit or special event permit and other city approval. Uses other than the following shall comply with this division.

(1) On-site contractor's construction yards, in conjunction with an approved construction project. The activity shall cease upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project.

(2) Promotional activities related to the primary product lines of a retail business, and similar activities (e.g., book readings and signings at bookstores, opening receptions at art galleries).

(3) Emergency public health and safety activities.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The following temporary uses and special events may be allowed, subject to a temporary use permit or special event permit by the applicable review authority. Uses other than the following shall comply with the use and development regulations and permit requirements that otherwise apply to the property, except uses that are exempt from the provisions of this division in compliance with section 106-848 (Applicability).

(1) Temporary use permit:

a. Storage. Enclosed temporary storage, unrelated to a construction project, or exceeding 180 days, but in no case exceeding a maximum of one year. See division 19 of article IV (Temporary Storage Containers) for specific standards.

b. Temporary entertainment and exhibit uses. Indoor or outdoor temporary entertainment and exhibit uses related or not related to the primary use of the property and compatible with the zoning district of the site and surrounding land uses. These temporary uses may include, but are not limited to, art exhibits and installations, museums, live or motion picture theatres, and interactive or immersive attractions, and may be permitted for more than 12 days but not more than six consecutive months.

c. Temporary outdoor sales. Temporary outdoor sale of merchandise, in any commercial, industrial, or SP-5 zoning district, in compliance with the following provisions:

1. There shall be no more than four sales in any calendar year.

2. Each sale shall be limited to three consecutive days.

3. The merchandise displayed shall be that customarily sold on the site.

4. The site utilized for a permanently established business holding a valid business license certificate as required.

d. Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sales of homes. A permit for a temporary real estate office may be approved for a maximum of one year.

e. Temporary structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 18 months from the date of approval, as an accessory use or as the first phase of a development project.

f. Temporary work trailers. A trailer or mobile home as a temporary work site for employees of a business may be allowed during construction or remodeling of a permanent commercial or manufacturing structure, when a valid building permit is in force. The permit for a temporary work trailer may be granted for up to one year.

g. Seasonal sales. The annual sales of holiday related items such as Christmas Trees, pumpkin lots/patches and similar items may be permitted in accordance with the following standards:

1. Time period. Seasonal sales, including Christmas Tree and pumpkin lots, associated with holidays are allowed up to a month preceding and one week following the holiday.

2. Goods, signs, and temporary structures. All items for sale, as well as signs and temporary structures, shall be removed within five days after the end of sales, and the appearance of the site shall be returned to its original state.

3. Parking. The director may require a shake-off area or alternative design to ensure that dirt is not deposited onto public streets.

h. Temporary use of unattended collection boxes. A collection box is permitted as a temporary accessory to a principal permitted use with approval of site plan review by the community development director pursuant to division 6 of article V of this chapter and subject to the following:

1. Definition. For the purpose of this section, "collection box" means an unattended canister, receptacle, or similar device, used for soliciting and collecting donations of salvageable goods and movable property, but not money or evidences of debt. This term does not include a recyclables container regulated by chapter 70 of this Code.

2. Prohibition. No person, individual, firm, corporation, partnership, association, club, society, or other entity shall engage in any of the following without a permit in accordance with this section: (i) place, install, or maintain on any real property a collection box held out to the public for donations; (ii) extract any item from a collection box; or (iii) allow, aid, abet, or suffer any such action.

3. Application.

i. Any requirement to show particular information on the site plan may be waived as the director deems appropriate.

ii. The application shall include:

A. The signed and notarized written consent to the application by the owner of the subject parcel of land;

B. Contact information for the person responsible for the ongoing maintenance of the collection box; and

C. Other information deemed appropriate by the director.

iii. A permit may be issued only to a nonprofit entity that is eligible to solicit donations of salvageable personal property pursuant to Welfare and Institutions Code § 148.3.

4. Duration.

i. Written approval of a collection box under this section shall be considered a temporary permit and shall be valid for a period not longer than 24 months as set forth in the permit, unless otherwise provided by this section. The permit shall terminate earlier than the expiration stated therein if: (1) the permit is revoked on the grounds of non-compliance with the permit or other law; or (2) the collection box is abandoned for 30 days after the mailing date of the city's written notification to the permit holder of the abandonment.

ii. The permit holder and the owner, tenant, and person or entity in control of the parcel of land on which the collection box is placed shall be jointly and severally liable for costs incurred in removing an unpermitted or abandoned collection box. The director may require a cash bond or other guarantee of removal of the temporary use upon expiration of the permit.

5. Zones. Collection boxes are prohibited in the city's residential zones, except on properties with any of the following land uses approved by conditional use permit: churches, temples or other places of religious worship or similar places of assembly, schools, nursery schools, hospitals, sanitariums, large community care facilities, museums, and libraries. This division shall prevail over the restriction against temporary structures at places of religious worship. The director may issue a temporary permit pursuant to this section for a period longer than 24 months if the applicant demonstrates that the collection box is customarily incidental to the principal use in accordance with the city zoning ordinance.

6. Location. No collection box shall be placed:

i. Within 500 feet of another collection box or a salvage and recycling business, or within 30 feet of the property line of any adjacent residentially zoned parcel. The director shall have discretion to waive or modify these distance restrictions if justified by the following: (i) the collection box is customarily incidental to the principal use; (ii) it will cause no significant adverse effect on adjacent property; and (iii) the public necessity, convenience, general welfare or good zoning practice.

ii. Within a yard setback.

iii. Within a required off-street parking space.

7. Conditions of approval. Approvals shall be limited to one collection box per property. The director may impose conditions on a collection box permit to ensure compatibility with surrounding uses and to preserve the public health, safety, and welfare, including, without limitation, aesthetics and periodic review of compliance with this section.

8. Maintenance. The collection box shall have a firmly closing lid. The permit holder and the parcel owner shall be responsible to:

i. Maintain the premises in a clean, sanitary condition at all times, free from discarded items, garbage, and other waste.

ii. Regularly empty contents to ensure the collection box does not exceed its capacity.

iii. Remove any graffiti or material placed outside of the collection box within 24 hours.

9. Size. The collection box shall not exceed six cubic yards in volume or six feet in height.

i. Other temporary uses. The director of recreation and community services shall have the discretion to determine the required permit type for temporary and special uses not listed in this division.

(2) Special event permit:

a. Carnivals, fairs, and festival events. Carnivals, fairs, and festival events are subject to the following standards:

1. Location. Carnivals, fairs, and festival events are limited to areas within commercial or employment districts, or on property owned by a school or church.

2. Time limit. When abutting or adjacent to a Residential District or a street that serves a Residential District the hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.

3. Lighting. Lighting shall be hooded and directed away from residential uses.

b. Special events and sales. Other short term special events may be permitted in accordance with the following standards:

1. Location. Events are limited to non-residential districts.

2. Number of events. No more than six events at one site shall be allowed within any 12-month period. Events shall not last more than five days per event and there shall be a minimum of 14 days between events.

3. Products. The outdoor display area shall be directly related to a business occupying a primary structure on the same site.

4. Existing parking. The available parking shall not be reduced to less than 90 percent of the minimum number of spaces required by this chapter.

c. Indoor events. All event centers, as defined and permitted by this chapter, shall comply with the following standards, in addition to those identified in section 106-853 and section 106-852 (Conditions of Approval).

1. Conformance with all applicable Building and Fire Code requirements for assembly uses including, but not limited to, egress, seismic retrofitting, and restrooms.

2. Provision of off-street parking in accordance with article III, division 3, subdivision II (Off-Street Parking and Loading).

3. Conformance with the following public health, safety, and welfare standards:

i. When abutting residential uses or zoning, delivery and retrieval of event materials/props and set-up and take-down operations and activities shall occur only between the hours of 8:00 a.m. to 8:00 p.m. Monday through Friday and 9:00 a.m. to 8:00 p.m. Saturday and Sunday.

ii. Event staff shall monitor vehicle parking and retrieval to ensure there is no excessive noise before, during, or after events.

iii. Event staff shall instruct event attendees to remain respectful of nearby residential areas and signage shall be clearly and conspicuously posted and maintained in parking areas with the following wording: "Event Guests and Event Staff, please remain respectful of nearby residential and commercial neighbors and refrain from making loud noises, playing music at high volumes, and accelerating vehicle engines. Thank you for your cooperation."

iv. Event staff shall utilize at least one three-yard plastic recycle bin, one three-yard plastic refuse bin, and one green waste bin sized to public works environmental programs and operation division standard, which must be located and filled within the interior of the event center building. After each event, all bins must be located on the outside of the event center building for city trash pick-up operations.

v. All events and event-related activities shall occur within the interior of the event center building. No event-related activities or storage of event materials/props shall be permitted exterior of the event center building.

d. Outdoor events. The following outdoor events may be allowed:

1. Entertainment and assembly events. Outdoor entertainment and assembly events, including concerts, fairs, farmers' markets, festivals, flea markets, food events, fund-raisers, live entertainment, parades, outdoor sporting events, public relations activities, rummage sales, secondhand sales, swap meets, and other similar events designed to attract large crowds, and which are held on private or public property, for up to six days per calendar year or as determined appropriate by the director of recreation and community services.

e. Other special events. The director of recreation and community services shall have the discretion to determine the required permit for temporary and special uses not listed in this division.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Director review. The director shall be responsible for the review and approval of all permits for temporary uses not reviewed by the recreation and community services committee on permits and licenses.

(b) Committee on permits and licenses. The recreation and community services department oversees the committee responsible for the review and approval of all permits for special events, unless reviewed by the director.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

An application for a temporary use permit or special event permit shall be filed with the applicable authority and processed as follows.

(1) Application contents. The application shall be made on forms made by the community development department and shall be accompanied by the information identified in any applicable city handouts and permit applications.

(2) Time for filing. A temporary use or special event permit application shall be filed as follows:

a. Temporary use permit. A temporary use permit application shall be filed at least 14 days in advance of the proposed commencement of the use.

b. Special event permit. A special event permit application shall be filed with the recreation and community services department at least seven days in advance of a proposed minor event, and 14 days in advance of a proposed major event. The director or committee shall determine whether a proposed special event or temporary event is minor or major, based on the characteristics of, and activities associated with, the event, and the likely impacts on the surrounding community.

c. Additional permits required. Temporary uses and special events may be subject to additional permits and other city approvals, licenses, and inspections required by applicable laws or regulations.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The review authority may impose reasonable and necessary specific design, locational, and operational conditions in approving temporary use permit or special event permit as follows:

(1) The use or event is limited to a duration that is no more than the maximum allowed duration, as determined appropriate by the review authority.

(2) The site is physically adequate for the type, density, and intensity of use being proposed, including provision of services (e.g., sanitation and water), public access, and the absence of physical constraints.

(3) The design, location, size, and operating characteristics of the proposed use are compatible with the existing land uses on-site and in the vicinity of the subject property.

(4) The temporary use or activity will be removed and the site restored as necessary to ensure that no changes to the site will limit the range of possible future land uses otherwise allowed by this chapter.

(5) The use or event will comply with all applicable provision of local, state and federal laws or regulations.

(6) Any other pertinent factors affecting the operation of the temporary use or special event will be addressed, including the following, to ensure the orderly and efficient operation of the proposed use or event, in compliance with the intent and purpose of this division:

a. Conditions may require the provision of:

1. Sanitary and medical facilities.

2. Security and safety measures.

3. Solid waste collection and disposal.

b. Conditions may regulate:

1. Nuisance factors, including the prevention of glare or direct illumination of adjacent properties, dirt, dust, gasses, heat, noise, odors, smoke, or vibrations.

2. Operating hours and days, including limitation of the duration of the use or event to a shorter time period than that requested.

3. Temporary signs.

4. Temporary structures and facilities, including height, placement, and size, and the location of equipment and open spaces, including buffer areas and other yards.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) General standards. Standards for floor areas, heights, landscaping areas, off-street parking, setbacks, and other structure and property development standards, which apply to the category of use or the zoning district of the subject parcel, shall be used as a guide for determining the appropriate development standards for temporary uses and special events. However, the review authority may authorize an adjustment from the specific requirements as deemed necessary and appropriate.

(b) Standards for specific temporary activities. Specific temporary land use activities shall comply with the development standards identified in article III (General Regulations), as applicable to the use, in addition to those identified in section 106-849 and section 106-852 (Conditions of approval).

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The approval or denial of a temporary use permit or special event permit may be appealed in compliance with division 2 of article V. The procedures of section 106-809 (Summary of planning permits and actions) shall apply to the approval of the permit.

(1) Condition of the site following a temporary use or special event. Each site occupied by a temporary use or special event shall be cleaned of debris, litter or any other evidence of the temporary activity, on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this chapter.

(2) Revocation. A temporary use or special event permit may be revoked or modified, with only a 24-hour notice, in compliance with division 2 of article V (Hearing and Appeals).

(3) Extension of the permit. The director may extend the operational length of a temporary use or special event if the delay is beyond the control of, and was not the result of actions by, the permittee.

(4) Expiration of permit. A temporary use permit or special event permit shall be considered to have expired when the approved use has ceased or been suspended.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)