§ 30.73.020. When a Temporary Use Permit is Required.

A.

A Temporary Use Permit is required for any temporary use on private property that is proposed in a location where the use would not otherwise be allowed by the applicable zoning.

1.

A Minor Temporary Use Permit is required for the following activities:

a.

Off-Site construction parking and material storage associated with an approved permit for a development project.

b.

Outdoor retail sales related to holiday and seasonal activities held within a parking lot or off-site.

c.

The provision of up to ten off-street parking spaces for an off-site special event.

d.

A special event or other type of public assembly and entertainment activity of a temporary nature with 50 or fewer participants.

e.

A special event or other type of public assembly and entertainment activity of a temporary nature with more than 50 participants held in areas designated for quasi-public use on property subject to the Del Mar Specific Plan or Del Mar Hotel Specific Plan.

2.

A Major Temporary Use Permit is required for the following activities:

a.

The provision of 11 or more off-street parking spaces for an off-site special event.

b.

A special event or other type of public assembly and entertainment activity of a temporary nature with more than 50 participants.

c.

Any other temporary use as determined by the Director of Planning and Community Development that does not meet the criteria for administrative approval as a minor temporary use.

3.

A Temporary Use Permit may be requested via the Minor or Major permit approval process, as applicable, to allow for a recurring temporary use event to occur multiple times at a specified location within a one-year period.

4.

The maximum duration of time for each individual temporary use event shall be limited as appropriate to the type of activity and context of the location to ensure the use authorized by the permit remains temporary in nature.

B.

For the purpose of this Chapter, a "special event" shall mean public assembly and entertainment of a temporary nature for activities such as concerts, street fairs, festivals, sports, cultural, philanthropic and/or educational events; and other commercial events deemed similar by the decision maker.

C.

A Temporary Use Permit shall not be required for noncommercial events in a residential zone as customarily incidental and subordinate to the use and enjoyment of a home consistent with what is allowed as an accessory use in a residential zone, including "large assemblage" of more than 50 people on private property in a residential zone pursuant to an Operations Permit obtained in accordance with Chapter 6.52.

D.

Applications filed pursuant to this Chapter may also be subject to approval of other permit types in addition to the Temporary Use Permit.

1.

A Coastal Development Permit shall be obtained for uses that involve coastal development or potential impacts to coastal resources or public access pursuant to Chapter 30.75 (Coastal Development Permits) and that do not qualify for a permit exemption in accordance with Section 30.75.200.

2.

An Operations Permit shall be obtained for those uses that are subject to Title 6 (Operations Permits), including an Operations Permit for use of a public facility pursuant to Chapter 6.48 (Operations Permit: Commercial Use of Public Property).

3.

An Encroachment Permit shall be obtained for approval to encroach upon or use the public right-of-way pursuant to Chapter 23.28 (Encroachment Permits).

4.

An Administrative Sign Review Permit shall be obtained for any proposed temporary signage pursuant to Chapter 23.09 (Administrative Sign Review).

5.

An Electrical Permit shall be obtained if required pursuant to the California Building Code.

6.

A Temporary Food Facility Sponsor Permit shall be obtained from the County of San Diego Department of Environmental Health for any public event where food or consumable products will be sold, served, or given away to the public.

7.

If alcohol will be served at the event, then the applicant shall obtain the appropriate license from the State of California Department of Alcohol Beverage Control.

(Ord. No. 926 , § 6, 1-3-2017; Ord. No. 933 , § 1, 10-16-2017)