Chapter 18.60
TEMPORARY USE AND TEMPORARY EVENT PERMITS FOR PRIVATE PROPERTY
Sections:
18.60.030 Allowed temporary uses and temporary events.
18.60.070 Director’s decision.
18.60.110 Revocation of permits.
18.60.130 Unlawful to use city name without authorization.
18.60.010 Intent and purpose.
A. The intent of this chapter is to provide a process for reviewing and acting upon proposed temporary uses and temporary events at specific locations that would otherwise be inappropriate as classified uses on a permanent basis. A temporary use permit or temporary event permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district, but may be considered acceptable because of the temporary nature. It is further the intent to avoid incompatibility between such temporary activities and the surrounding areas by regulating such activities so as to prevent or mitigate adverse effects associated with or resulting from such temporary uses.
B. Temporary use and temporary event permits are in addition to any other required city approvals, licenses, and inspections required by applicable laws or regulations. (Ord. 1865 § 1, 2024)
18.60.020 Definitions.
“Temporary activity” shall mean both “temporary uses” and “temporary events.”
“Temporary event” shall mean an event of a limited duration.
“Temporary use” shall mean the use of a property that is not meant to be permanent in nature, but may be approved for a period of up to one year. (Ord. 1865 § 1, 2024)
18.60.030 Allowed temporary uses and temporary events.
The temporary activities set forth in this chapter may be allowed, subject to the issuance of a temporary use or temporary event permit by the director. Conditions may be imposed on these permits to ensure compliance with the required findings set forth in Section 18.60.080. Uses other than the following shall comply with the use and development regulations and permit requirements that otherwise apply to the property. (Ord. 1865 § 1, 2024)
18.60.040 Temporary uses.
A. The following temporary uses may be allowed upon approval of a temporary use permit issued by the community development director:
1. Construction Yards. Off-site contractor construction yards including the storage of building materials, in conjunction with an approved construction project within the city limits. The permit shall expire upon completion of the construction project or the expiration of the companion building permit authorizing the construction project.
2. Residence. A mobile home as a temporary residence of the property owner when a valid building permit for a new single-family dwelling is in force. In addition, a mobile home may be used as a temporary residence of the property owner when a valid building permit has been issued for the remodel of a single-family dwelling and the building official has determined that the extent of such remodel would prevent the safe occupancy of the dwelling. The temporary use permit may be approved for up to one year, or upon expiration of the building permit, whichever occurs first.
3. Temporary Real Estate Sales Offices. A temporary real estate sales office may be established within the area of an approved development project or other location within one thousand two hundred fifty feet, solely for the first sale of homes. A permit for a temporary real estate office may be approved for up to one year.
4. Temporary Work Trailers. A trailer or mobile home as a temporary work site for employees of a business may be allowed:
a. During construction or remodeling of a permanent commercial or industrial structure, when a valid building permit is in force up to one year, or upon expiration of the building permit, whichever occurs first; or
b. For a temporary office occupied only by employees of a business or manufacturer conducting business on property not normally open to the general public for up to one year;
c. Upon demonstration by the applicant that this temporary work site is a short-term necessity while a permanent work site is being obtained for up to one year.
5. Similar Temporary Uses. Similar temporary uses that, in the opinion of the director, are compatible with the zoning district and surrounding land uses.
B. When a request for an extension of time within which to comply with any requirement or condition imposed pursuant to the provisions of this chapter is filed for approval, a fee in an amount established by city council resolution shall be paid for the purpose of defraying the costs incidental to the processing of such request. (Ord. 1865 § 1, 2024)
18.60.050 Temporary events.
A. Temporary Events. The following events may be allowed upon approval of a temporary event permit by the community development director and as summarized in Table 18.60-1 below:
1. Grand Opening. An event which involves activities outside of the normal business activities, to identify the opening of a new business, the change of ownership for an existing business, or the change of name for an existing business.
a. A grand opening event may last for up to four days.
b. No more than two grand openings shall be allowed per business address in a twelve-month period.
c. An event does not include minimal activities such as putting up a temporary banner or having a ribbon cutting ceremony.
2. Special Event. A temporary event for the use of a premise for an activity that is unrelated to or exceeds the scope of the business licensed and approved for such premises. Special events may be indoors or outdoors and include swap meets, fairs, festivals, flea markets, car shows, and auto dealer sales events. Special events shall be subject to the following:
a. A special event may last up to four days.
b. The applicant for the event shall be responsible for payment of all business license fees to the city in accordance with Title 5 and shall comply with the California Department of Tax and Fee Administration relating to operators of swap meets, flea markets, or special events.
c. No special event may include services of any type that requires a state license or certificate unless the person performing such services has a copy of the required license or certificate and a government issued identification on their person at all times services are being provided.
3. Outdoor Sales Events. Unless exempt pursuant to Section 18.60.100, temporary events related to an existing business with temporary outdoor sale of merchandise in any commercial or industrial zoning district, in compliance with the following provisions:
a. The merchandise displayed shall be that customarily sold at the business premises;
b. The site is used for a permanently established business holding a valid business tax certificate as required; and
c. Such events may take place four times in a twelve-month period for up to four days per event.
4. Farmer’s Markets. Both certified and noncertified farmer’s markets may be permitted in compliance with the following provisions:
a. The applicant for the event shall be responsible for payment of all business license fees to the city in accordance with Title 5 and shall comply with the California Department of Tax and Fee Administration relating to operators of swap meets, flea markets, or special events.
b. A certified farmer’s market shall be authorized by the County of Los Angeles Agricultural Commissioner and sponsored by a nonprofit organization or a local governmental entity. Certified farmer’s markets may operate twice a week throughout each calendar year.
c. A noncertified farmer’s market may operate four times a year for up to three days for each event.
5. Seasonal Sales Lots. Seasonal sales activities for pumpkin patches and Christmas tree lots, including temporary security trailers, on nonresidential properties, in compliance with the following:
a. Sales activity shall only take place between September 15th and December 31st.
b. The sales activity may be approved for a maximum of forty-five days.
c. An applicant may apply for a permit for both a pumpkin patch and a Christmas tree lot at the same time.
6. Food Distribution Events. Food distribution in compliance with the following:
a. The food distribution must take place in conjunction with a nonprofit organization;
b. The distribution shall be limited to walk-up events;
c. There must be adequate parking on site as determined by the community development director based on the time of the event, the location, and the number of people expected;
d. Food distribution events may operate twice a week throughout the calendar year.
7. Similar Temporary Events. Similar temporary events that, in the opinion of the director, are compatible with the zoning district and surrounding land uses.
|
Temporary Event Type |
Maximum Number of Days Per Event |
Maximum Number of Similar Events Per 12-Month Period |
|---|---|---|
|
Grand opening |
4 days |
2 per business address |
|
Special event |
4 days |
12 |
|
Outdoor sales events |
4 days per event – With a maximum of four outdoor sales event in a 12-month period |
4 |
|
Certified farmer’s market |
2 days a week, need not be consecutive |
No maximum |
|
Noncertified farmer’s market |
3 days |
4 |
|
Walk-up food distribution in conjunction with a nonprofit |
2 days a week, need not be consecutive |
No maximum |
|
Seasonal sales lots – Pumpkin patches and Christmas trees |
45 days each |
Limited to September 15th through December 31st of each calendar year |
B. Except for certified farmer’s markets and walk-up food distribution events in conjunction with a nonprofit, there may not be more than twelve temporary events of any combination that takes place at any single property address in a twelve-month period.
C. Alcohol sales and service may be allowed where the applicant has obtained the required permit from the Department of Alcoholic Beverage Control by the time of the event.
D. Food and drink sales and service may be allowed provided they are served in compliance with applicable laws, including required permits for sale or distribution of food and drinks. (Ord. 1865 § 1, 2024)
18.60.060 Application.
A. An application for both a temporary use permit or temporary event permit shall be filed by the owner, lessee or other person having the right to the possession of the land for which the permit is sought. At a minimum, the application for either of these permits shall contain the following information:
1. The name, address, phone number and e-mail address of the applicant;
2. Evidence in the form of an official or governmental agency issued document or identification card that the applicant is eighteen years of age or older or in instances involving alcohol sales twenty-one years of age or older;
3. Property owner authorization along with the name, residence address, email address, and telephone number of the property owner on whose property the temporary activity will take place;
4. The proposed dates of the temporary activity;
5. A plot plan drawn to scale and which designates all land uses on the property, the location of the proposed temporary activity/facility, utility connections, yards, off-street parking, and other information which the planning division may require; and
6. Any supplemental information deemed necessary by the director to determine whether the application should be granted, conditioned or denied.
B. Applications for temporary events shall include the following additional information:
1. A detailed description indicating all components of the temporary activity such as rides, entertainment, amplified music, canopies, tents, inflatable devices, jump tents, temporary banners, displays and sales, portable toilets;
2. A parking plan which may include off-site parking locations, shuttles, and valet parking;
3. Expected number of attendees;
4. The daily hours of the temporary activity;
5. Additional dates needed for set-up and tear down.
C. Filing Fees. The applicant shall pay a filing fee established by city council resolution to defray the costs incurred by the city in processing the temporary use permit application.
D. Indemnification. The applicant shall be required to sign an indemnification and/or hold harmless agreement with the city.
E. Timing of Application. Applications which are filed within the following time frames shall be acted upon by the director at least one day before the scheduled event.
1. Applications for temporary uses, filed a minimum of twenty-one business days before the desired start date.
2. Applications for temporary events filed a minimum of ten business days before the desired start date.
F. No application shall be accepted and processed unless all of the required information is provided and completed, as required by this chapter. (Ord. 1865 § 1, 2024)
18.60.070 Director’s decision.
A. The director shall review the application, consult with those departments of the city which might have an interest in or jurisdiction over some aspect of the proposed temporary use, and make any necessary investigation.
B. After review and consultation, the director shall approve, conditionally approve, or deny the application for the temporary use or temporary event permit.
C. In approving an application, the director may impose such conditions as deemed necessary to protect the public health, safety and welfare in order to make the required findings set forth in Section 18.60.080. Such conditions may involve any pertinent factors affecting the operation of such temporary activity. In addition to such other conditions as the director may impose, it shall also be deemed a condition of every temporary use or temporary event permit, whether such condition is set forth in the permit or not, that such approval shall not authorize the construction, establishment, alteration, moving onto, or enlargement of any permanent building, structure or facility.
1. Conditions may be imposed to require the provision of the following, which is not meant to be an all-inclusive list:
a. Sanitary and medical facilities;
b. Security and safety measures;
c. Solid waste collection and disposal.
2. Conditions may be imposed to regulate the following, which is not meant to be an all-inclusive list:
a. Nuisance factors;
b. Operating hours and days, including limitation of the duration of the use or event to a shorter time period than that requested;
c. Temporary signs;
d. Temporary structures and facilities, including height, placement, and size, and the location of equipment and open areas.
3. All permits shall be conditioned to provide that the site shall be cleaned of debris, litter, or any other evidence of the temporary activity upon completion or removal of the activity and to require that the temporary activity be removed and the site restored as necessary to ensure that no changes to the site will occur. (Ord. 1865 § 1, 2024)
18.60.080 Findings.
The following findings shall be made in order for the director to approve a temporary use or temporary event permit:
A. The proposed site is adequate in size and shape to accommodate such temporary activity without material detriment to the use, enjoyment or valuation of the property of other persons located in the vicinity of the site;
B. Sufficient off-street parking spaces, which may include off-site locations, shuttles, or valet parking, are provided;
C. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary activity will or could reasonably generate;
D. The proposed activity will not interfere with any other temporary activity for which a permit has already been approved or with the provision of city services in support of other scheduled activities;
E. The use or event will comply with all applicable provisions of local, state and federal laws and regulations;
F. The proposed activity will not be detrimental to the public peace, health, safety or welfare;
G. None of the grounds set forth in Section 18.60.090 exist. (Ord. 1865 § 1, 2024)
18.60.090 Grounds for denial.
An application shall be denied if any of the following grounds exist:
A. The information contained in the application or supplemental information requested from the applicant is found to be materially false, or such information is incomplete;
B. The applicant or the person or entity on whose behalf the application for the permit was made has failed to conduct a previously authorized activity in accordance with the law or the terms of the permit, or both;
C. The applicant or the person or entity on whose behalf the application for permit was made, has outstanding and unpaid debts to the city;
D. The applicant fails to complete the indemnification and hold harmless requirements as prescribed by this chapter; or
E. Where conditions of a previous temporary use or temporary event permit issued to the applicant were violated, or where any city ordinance, rule or regulation was violated within the past twenty-four months. (Ord. 1865 § 1, 2024)
18.60.100 Exemptions.
A. The following temporary activities shall be exempt from the provisions of this chapter:
1. Circuses and carnivals;
2. Fireworks stands;
3. Garage sales;
4. 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 building permit authorizing the construction project;
5. Promotional activities related to the primary product lines of a retail business, and similar activities (e.g., book readings and signings at book stores, opening receptions at art galleries); and
6. Any other use or event which requires a separate permit from the city.
B. This chapter shall also not apply to the outdoor display of merchandise located within ten feet of the main structure provided that the total display area is not located in any parking space, does not interfere with required pedestrian access, and does not create a public safety issue. (Ord. 1865 § 1, 2024)
18.60.110 Revocation of permits.
A. The director may revoke or suspend, in whole or in part, a temporary event or temporary use permit at any time if the director finds: (1) the activity constitutes a public nuisance or disturbs the peace; (2) the activity is injurious to the public peace, health, safety or welfare; (3) the activity is conducted contrary to the permit, permit conditions, any state or city law or rules and regulations adopted by the city council or the city manager, or director governing special events; (4) the applicant, or his or her agent(s) or representatives, has willfully made false or misleading statements in the application or any other document required pursuant to this chapter.
B. Revocation or suspension shall become effective immediately upon delivery of a written notice to the person in immediate charge of the activity or portion thereof affected by such act. The notice of such revocation or suspension shall specify the reasons therefor. The director may, for good cause, cancel and make null and void any revocation or suspension action, or written notice ordering the same, but in all cases he or she shall promptly take such steps as are necessary to inform appropriate city officials of the action taken, and of the reason or reasons therefor.
C. Upon revocation or suspension of a temporary use or temporary event permit, the permittee and any parties under the permittee’s control shall immediately cease operation of the activities subject to revocation or suspension. In the event that the permit is suspended, the permittee may resume operation once the suspension period has expired or canceled. (Ord. 1865 § 1, 2024)
18.60.120 Appeals.
A. Any person or body, public or private, may appeal the decision of the director to the city manager. Such appeal shall be filed with the planning division within ten days after the date of the decision of the director. Upon the receipt of such an appeal, the city manager or the city manager’s designee shall hold a hearing no later than the third business day after the filing of the appeal, and will render a written decision no later than the next business day after hearing the appeal. The city manager’s decision is final. The written decision of the city manager shall be served upon the applicant or permittee.
B. A fee shall be paid at the time of the filing of the notice of appeal. (Ord. 1865 § 1, 2024)
18.60.130 Unlawful to use city name without authorization.
It is unlawful for any applicant to use in the title of the event the words “The City of Gardena” or “City of Gardena” in a manner that can be reasonably interpreted to imply that the event is sponsored or endorsed by the city or to use the facsimile of the seal or logo of the city of Gardena without the city’s written authorization. (Ord. 1865 § 1, 2024)