Chapter 17.105 — TEMPORARY USE AND TEMPORARY EVENTS PERMITS

The City Council hereby determines that temporary events and temporary use permits provide a process for administrative review for short-term activities that may not meet the normal development or use standards of the applicable zoning district but may be acceptable because of their temporary nature. The intent of these regulations is to ensure that the temporary event or temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community. The City Council has enacted the following provisions to regulate and control, in a content-neutral manner, temporary uses that are conducted in the City.

(Ord. 247, 1/15/2025)

Except as otherwise provided in this Title, the temporary uses listed in this section shall require the issuance of a temporary use permit (TUP) from the Community Development Director prior to establishment of the use. The Community Development Director may impose conditions on the approval of a temporary use.

(Ord. 247, 1/15/2025)

• A. Exempt Temporary Uses. The following temporary uses are exempt from the permit requirements of this section, provided they comply with the development standards listed below.

  1. Emergency Facilities. Temporary facilities to accommodate emergency public health and safety needs and activities.

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

  3. Miscellaneous. Activities conducted on public property or within the public right-of-way that are approved by the City or as otherwise required by the Wildomar Municipal Code.

• B. Temporary Use Permit Required. The following temporary uses and activities may be allowed, subject to the issuance of a temporary use permit. A complete application for a temporary use shall be submitted to the Planning Department at least 60 days prior to the scheduled use and include a minor or major development review application accompanied by the required filing fee outlined in Chapter 3.44 of the WMC. The application package shall also include a site plan exhibit and a signed letter from the property owner authorizing said temporary use.

  1. Construction Office. A temporary construction office used during the construction of a main building or buildings on the same site as part of a development project.

  2. Model Homes. A model home or model home complex may be authorized before the completion of subdivision improvements.

  3. Temporary Real Estate Offices, Including Sales Trailers and Related Facilities. May be established within the area of an approved residential subdivision project, solely for the first sale of homes. In addition, conditions of approval regulating the hours of operation, landscaping, or other aspects as deemed necessary may be imposed as part of the temporary use permit.

  4. Seasonal Sales Lots. Temporary seasonal sales activities (e.g., Christmas trees, pumpkin sales, and other similar outdoor sales) may be permitted in any commercial or industrial zoning district, or on any religious facility or school site that abuts a collector or arterial roadway as designated in the Wildomar General Plan. Seasonal sales may be permitted in any nonresidential zoning district upon issuance of a temporary use permit. The term of permit shall not exceed 60 calendar days per calendar year.

ilar outdoor sales) may be permitted in any commercial or industrial zoning district, or on any religious facility or school site that abuts a collector or arterial roadway as designated in the Wildomar General Plan. Seasonal sales may be permitted in any nonresidential zoning district upon issuance of a temporary use permit. The term of permit shall not exceed 60 calendar days per calendar year.

5. Craft-Vendor Fair/Open-Air Market. An outdoor or indoor temporary use located on private or public (City) property, except vacant and/or unimproved land where non-agricultural products are sold, including, but not limited to, arts, crafts, candy, soaps, balms, cosmetics, ceramics, bread, cheese, clothing, and handmade crafts (such as seasonal goods, ornaments, hand-dipped or rolled candles, etc.) and similar items and products for sale to the general public. Items such as meat, poultry, fish, etc., and similar foods will be allowed only to the extent there is proper refrigeration and Riverside County Health Department approval, as applicable. Craft-Vendor fair/open-air markets shall be allowed no more than six times per calendar year between the hours of 8:00 a.m. to 8:00 p.m. (Sunday through Thursday) and 8:00 a.m. to 10:00 p.m. (Friday through Saturday). Any event exceeding six times per calendar year shall require approval of a conditional use permit by the Planning Commission.

6. Farmers Market (Certified). An outdoor market on public (City) or private property where farmers and other producers of agricultural and related foodstuffs and products are sold, including non-agricultural products. A certified farmers' market is subject to the provisions of Food & Agriculture Code Sections 47000 et seq. Farmers' markets shall be allowed no

more than six times per calendar year between the hours of 8:00 a.m. to 8:00 p.m. (Sunday through Thursday) and 8:00 a.m. to 10:00 p.m. (Friday through Saturday). Any event exceeding six times per calendar year shall require approval of a conditional use permit by the Planning Commission.

7. Temporary dwellings, including mobilehomes, when a primary dwelling is being constructed or remodeled may be permitted, provided a valid building permit has been issued. The temporary dwelling shall be limited to a maximum of one year and then must be removed from the premises. Recreational vehicles are prohibited as a temporary dwelling.

8. Temporary Outdoor Parking Lot Dining.

   • a. Temporary parking lot dining that utilizes required parking spaces for outdoor dining for its customers shall be temporary in nature, shall not increase the general intensity of the restaurant use, shall facilitate safe business operations, and shall not exceed a period of time equal to 12 months.

• i. If the business owner would like to convert the temporary outdoor parking lot dining area to a permanent feature, then the business owner shall, with the written authorization of the property owner, submit a substantial conformance application at least six months before expiration of the temporary use. The substantial conformance application will be subject to the same safety features listed below, including the required parking analysis.

  - ii. If the number of parking spaces is reduced below the minimum required for the site, the Community Development Director may require bicycle rack parking in accordance with the provisions of Section **17.155.060** (Bicycle Parking Facilities). 
  

  • b. Temporary parking lot dining must include safety improvements to protect customers, including, but not limited to, raised platforms (equal to height of adjacent walkway to meet ADA requirements), bollards placed 36 inches on center, K-rails around the perimeter of the parking spaces used for outdoor dining or other similar safety barriers.

  • c. The Community Development Director may require a parking analysis based on existing site conditions as part of the substantial conformance review.

  • d. The applicant shall first receive written approval from the property owner prior to submitting a temporary use permit application and shall include the letter in the application package.

  • e. The parking lot dining area shall not encroach into any drive aisles or fire lane.

  • f. The applicant shall be responsible for obtaining the proper state A.B.C. license approval if alcohol is served in the outdoor dining area. Said state A.B.C. approval shall be submitted with the application package.

  • g. The restaurant owner shall agree to indemnify the City and sign the indemnity clause on the temporary use permit application.

9. Temporary Use of Land.

   • a. The Community Development Director may approve, conditionally approve, or deny the temporary use of land in any zone classification, when such temporary use is in conjunction with the repair or construction of streets, highways, or public utilities, for a period of time not to exceed six months.

   • b. The Planning Commission may approve, conditionally approve, or deny the temporary use of land in any zone classification, when such temporary use is in conjunction with the repair or construction of streets, highways, or public utilities, for a period of time that exceeds six months.

     • c. In both cases, an encroachment permit may be needed from the Public Works Department prior the use of the land.
   10. When a temporary use is not specifically listed in this section, the Community Development Director shall determine whether the proposed use is similar in nature to listed use(s) and shall establish the term and make necessary findings and conditions for the particular use.

• C. Findings for Temporary Uses. A temporary use permit shall meet all the findings below. If the Director does not make all of these findings, the temporary use permit shall be denied.

1. The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.

   2. The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

   3. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Title.

• D. Conditions. In approving a temporary use permit, the Director may impose such applicable conditions to ensure the protection of the public health, safety, and general welfare. Such conditions may include, but not be limited to, the following:

  1. Measure to minimize impact on adjacent uses, such as buffers, hours of operation, lighting requirements, and/or parking measures.

  2. Property maintenance requirements to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use.

  3. Appropriate performance guarantees/security may be required before initiation of the use to ensure proper cleanup after the use is finished.

  4. Other conditions of approval deemed reasonable and necessary to ensure that the approval would be in compliance with the findings above.

• E. Revocation. A temporary use permit may be revoked pursuant to and in accordance with Section 17.125.150 (Revocation of Variance and Permits).

• (Ord. 247, 1/15/2025)

Notwithstanding any other provision of this chapter to the contrary, a "major event" shall only be held indoors in an established facility as defined in this chapter. A "minor event" may be held indoors in an established facility or outdoors. All major and minor temporary events shall comply with the following use regulations.

• A. Temporary Event Permit Application. A complete application for a major or minor temporary event shall be submitted to the Community Development Director, or designee, at least 60 days prior to the scheduled event, or as otherwise approved by the City Manager, or designee. The application shall include a minor or major development review accompanied by the required filing fee. The application package shall also include a signed letter from the underlying property owner authorizing said event on the property in question. If the event is held within a multitenant commercial center, the application package shall also include a signed letter from each business owner that may be affected by the event.

• B. Use Time Limitation. A major or minor temporary event shall be allowed no more than six times per calendar year subject to the requirements specified in subsection C below. Any event exceeding six times per calendar year shall require approval of a conditional use permit by the Planning Commission.

• C. Requirements for Approval. The Community Development Director shall approve a major or minor temporary event provided all of the following requirements are complied with.

  1. The use limitation discussed in subsection B of this section has not been exceeded by the same applicant.

  2. There is no pending code enforcement action on the property underlying the proposed event location.

  3. A noise and lighting mitigation plan shall be approved by the Planning Department for events held at night.

  4. An access and parking plan has been approved by the Public Works Director.

  5. A fire protection plan has been approved by the Fire Department, if applicable. 6. A security operations plan has been approved by the Police Department, if applicable.

  6. If food is prepared and served as part of the event, the applicant shall obtain a permit from Riverside County Environmental Health Department. A copy of the approved permit shall be submitted with the application package.

  7. If alcohol is proposed for sale for on-site consumption, the applicant shall obtain the appropriate license from the State Department of Alcohol Beverage Control (ABC). A copy of the approved license shall be submitted with the application package.

  8. The event shall not block, restrict, or impair any of the following:

     • a. The public's view of another business or activity on the property where said event is being held.

     • b. The public's view of business signage for adjacent tenants in the commercial center where said event is being held.

     • c. The view or visibility of the operator of any motor vehicle.

     • d. The movement of any pedestrian or motor vehicle on the public right-of-way.

• e. The points of ingress and egress to the commercial site where the event is being held.

  10. No signage may be located in the public right-of-way without the approval of an encroachment permit made by the City Engineer.

  11. Any signage/banners proposed to be used for the event shall comply with the regulations outlined in Chapter 17.180 (Signs).

  12. Temporary tents or shade structures/easy-ups are permitted to be used to shade vendors and their products.

• D. Hours of Operation. A major or minor temporary event shall be permitted only between the hours of 8:00 a.m. to 8:00 p.m. (Sunday through Thursday) and 8:00 a.m. to 10:00 p.m. (Friday through Saturday). Any event outside of these hours shall be approved by the City Council prior to the temporary event application submittal to the Planning Department.

• E. Bond and Insurance. The Community Development Director may require an applicant for a major and/or minor event to post a bond, or to otherwise financially secure that the event location is restored to its original condition and that the City is fully reimbursed for any

unanticipated law enforcement or emergency medical expenses. The Community Development Director shall determine the amount of the bond or other security and the applicant shall post it with the Chief Building Official. The Community Development Director may also require an applicant for a major and/or minor event to obtain indemnity or liability insurance naming the City as the insured if the event is held on public property.

• F. Advertising/Ticket Sales. No person shall advertise, sell, or furnish tickets for a minor event until a permit has been obtained for the event in accordance with this chapter.

• G. Revocation. A minor event permit may be revoked pursuant to and in accordance with Section 17.125.150 (Revocation of Variances and Permits).

• (Ord. 247, 1/15/2025)