ORDINANCE NO.926
AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF
DEL MAR, CALIFORNIA, AMENDING CHAPTER 6.52
RELATED TO OPERATIONS PERMIT: LARGE
ASSEMBLAGE BY REVISING SECTIONS 6.52.010, 6,52.020,
6.52.030 AND 6.52.040 AND BY ADDING CHAPTER 30.73
RELATED TO TEMPORARY USE PERMITS BY ADDING
SECTtONS 30.73.010, 30.73.020, 30.73.030, 30.73.040,
30.73.050, and 30.73.060.
The City Council of the City of Del Mar, California, does ordain as follows:
SECTION ONE
That Section 6.52.010 of the Municipal Code be revised to read as follows:
6.52.0I0 Purpose
The purpose of Chapter 6.52 is to establ-ish a process to
accommodate requests for approval of "Large Assemblage" on public
property and on private property located in a residential zone
where without conditions of approval, the evenL may have the
potential to adversely impact the public health, safety, and
general wel-f are.
SECTION TWO
That Section 6.52.020 of the Municipal Code be revised to read as follows
6.52.020
A
When
an Operations Permit is
Regu ired
for Large
Assembl-aqe
An Operations Permit shal-l be required for Large
Assemblage on public property or Large Assemblage on a
privat.e property located in a residential zone, unless
otherwise exempted per Section 6.52.020 (C) . Where
required, it shall- be unlawful for any person to conduct,
manage, participate in, advertise or sponsor any large
event without first having obtained an Operations Permit
for Large Assemblage.
Page 1 of 13
B
For t.he purpose of Chapter 6.52, "Large Assemblage" shall
mean any large event to which members of the public are
invited or admitted for a charge or free of cost and
which is attended or expected to be attended by more than
50 persons.
C
The
following shall be exempt from an Operations permit
for Large Assemblage:
1
An event which is held in a permanent facility for
which a use permit has been issued pursuant to the
appropriate sections of t.his Code for the operation
of an amusement park, open air theater, racetrack,
commercial sport or recreational
enterprise,
ci-rcus, carnival , or f airground ; or
2
An event which is held on property owned by or under
the control of a public agency and which is held
pursuanL to a permit, license, or lease approved by
the governing board of said public agency, which
permit,
Iicense,
ot lease
aut.horization for said event.
3
contains
specific
A special event or other type of temporary public
assembly and entertainment activity with more than
50 participants on private property that is subject
to a Temporary Use Permit pursuanL to Sect,ion
30.73.020.
4
Where it is demonstrated to the satisfaction of t.he
City Manager that the event is not like1y to:
a.
Disrupt the normal- f low of vehicul-ar or
pedestrian traffic; or
b.
Cause unreasonable noise, light,
or other
disturbance; or
Expose property or persons to the risk of
physical damage.
SECTION THREE
That Section 6.52.030 of the Municipal Code be revised to read as follows
6.52.030 How to Apply for an Operations Permit for
Page 2 of 13
L arqe Assemblaqe
An application for an Operations Permit for Large Assemblage shall
be filed with the City Manager at least 14 business days prior to
the proposed date for the Large AssembJ-age.
SECTION FOUR
That Section 6.52.040 of the Municipal Code be revised to read as follows:
6.52.040 Decision Process for
an
Ope rations
Permit for
Large
Assemblage
A
B
A decision shall be made by t.he City Manager on an
application for an operaLions Permit for Large Assemblage
that is required in accordance with Section 6.52-020.
the City
Based upon the nature of t.he proposed activity,
Manager shaIl impose such conditi-ons as are reasonably
necessary to protect the public health, safeLy, and
welfare, and minimize disturbances to surrounding
properties.
SECTION FIVE:
That Section 30.73.010 of the Municipal Code be added to read as
follows:
30.73.010 Purpose
A "temporary use" shall mean any activíty or land use of a
temporary naLure that extends beyond what is expressly allowed by
the applicable base zorle in terms of use and development standards.
The purpose of this Chapter is to establish a process to
accommodate reasonable requests for approval of temporary uses for
a limit.ed period of time in locations where the proposed use may be
desirabl-e and appropriat.e due to t.he limited and short-term nature
of the activity, and where the use would noL otherwise be al-lowed
within the applicabte zorre. The intent is to consider such requests
on an individual basis to ensure that they will not be detrimentalto the pubtic health, safety, and general welfare; to surrounding
properties; or to the community as a whole '
SECTION SIX
That Section 30.73.020 of the Municipal Code be added to read
follows: 30.73
as
o2o When a Temporarv Use Permit is
Required
Page 3 of 13
A
A Temporary Use Permit is required for any temporary use
on private property that. is proposed in a l-ocation where
the use would not otherwise be all-owed by the applicable
zoning.
1
A Minor Temporary Use Permit is required for the
following activities:
a
Off-Sit.e consLruction parking and mat.erialstorage associated with an approved permit for
a development project.
b
Outdoor retail sales related to holiday and
seasonal activities held within a parking l-ot
or off-site.
C
¿
The provision of up to 10 off-street
spaces for an off-site special event.
parking
d
A special event or other type of public
assembly and entertainment activiLy
of a
temporary naLure with 50 or fewer participants.
ê
A special evenL 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
PIan or Del Mar Hotel Specific PIan.
A Major Temporary
fol-l-owing activities
Use
Permit is required for the
:
a
The provision of 11 or more off-street
spaces for an off-site special event..
b
A special event or oLher type of public
assembly and entertainment activity of
a t,emporary nature with more than 50
participants.
parking
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.
Page 4 of 13
3
4
B
C
D
A Temporary Use Permit may be requested via the
Minor or Major permit approval process/ as
applicabl-e, to allow for a recurring temporary use
event to occur multiple times at a specified
location within a one year Period.
The maximum duration of time for each individual
temporary use event shall- be limited as appropriat.e to
the type of activity and context of the location to
enslire t.he use authorized by the permit rema j-ns
temporary in nature.
For the purpose of DMMC Chapter 30.73, a special event shal-l
mean pubJ-ic assembly and entertainment of a temporary nature
such as concerts, street fairs, festivals,
for activities
sports, cultural, philanthropì-c and/ot educational events; and
other commercial events deemed simil-ar by the decision maker.
A Temporary Use Permit shal-l- not be required for noncommercial
events in a residential- zorLe as customarily incidental and
subordinate to the use and enjoyment of a home consistent with
what is al-l-owed aS an accessory use in a residential zorre I
including "large assemblage" of more than 50 people on private
property in a res j-dential- zone pursuant to an Operations
Permit obtained in accordance with Chapter 6.52.
Applications filed pursuant to thís Chapter may also be
subject to approval of oLher permit types in addition to the
Temporary Use Permit.
1
A Coastal Devel-opment Permit shall be obtained for
those uses that invol-ve coastalto DMMC Chapter 30.75
(Coastal- Development Permits) and that do not
qualify for a permit exemption in accordance with
Section 30.75 .200.
Z
An Operations Permit shal1 be obtained for those
uses that. are subject to DMMC Titte 6 (Operations
Permits), including an Operatíons Permit. for use of
pursuant to DMMC Chapter 6.48
a public facility
(Operations Permit: Commercial Use of Public
Property)
.
3
An Encroachment Permit shall be obtained for
approval to encroach upon or use t.he public right of
Page 5 of 13
way pursuant to
Permits)
4
DMMC
Chapter 23.28 (Encroachment
.
An Administratíve Sign Review Permit shal_l_ be
obtained for any proposed temporary signage pursuant
Lo DMMC Chapter 23.09 (Administ.rative Sign Review)
.
5
An El-ectrical Permit shalt be obtained if
pursuant to the California Building Code.
6
A Temporary Food Facility Sponsor Permit shal_I 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 alvay to the publíc.
7
required
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.
SECTION SEVEN
That Section 30.73.030 of the Municipal Code be added to read as
follows:
30.73.030 How to Appf
for a Temporary
Use
Permit
A. An application for a Temporary Use permit, Minor or Major,
must be submitted in a form prescribed
Director
of Planning and community Deveropment and
accompanied by the following:
1
An application fee, as set
2
The applicant. name(s), including organization(s) and
Council.
f
shal-1
be
ort.h by resol-ution of the City
principals wíthin the organization applying for the Temporary
Use Permit and written authorization by the property ovüner.
3
4
The proposed dates, hours, and total_ t.ime duration
for the temporary use event.
A detailed description of the temporary use event
including:
Page 6 of 13
a
b.
A site plan showing the property and location where the
evenL will be held.
An estimate of the number of persons who will
attend.
A list of all vendors who are anticipated to operate at
the event.
d
A
The proposed parking and traffic
anticipated guests and vendors.
conLrol plan
for
The details of any arrangemenLs for private security
personnel, as applicable.
f
The details of any live music or amplified sound planned
for the event.
The business license number (or vendor business Iicense
exemplion request) for any vendors that. wilt be a part of the
temporary use event.
5
Any additional information as may be required by the
Director of Planning and Community Development to help the
decision maker eval-uate the request for a proposed temporary
use event in accordance wit.h DMMC Sect ion 3 0 . 73 . 04 0 .
6
B
In addition to the information required by section
30.73.030(A), ãñ application for a Major Temporary Use Permit
shall- provide information as necessary to meet the public
notice requiremenL in accordance with DMMC Section 30.73.050.
SECTION EIGHT
That Section 30.73.040 of the Municipal Code be added to read as follows
30.73.040 Decision Process for Temporary Use Permits and
Findinqs for Approval
A
A decision on an application for a Minor Temporary Use
permit shall_ be made by the Director of Planning and
Community Development in accordance with DMMC Section
30.73.040(C). The decision may be appealed to the City
Council within five working days from the date the
required public notice is posted in accordance with
Section 30.13.050 (A) .
Page 7 of 13
B
A decision on an application for a Major Temporary Use
Permit shalI be made by the Cit.y Council- in accordance
with DMMC Section 30.073.040 (C)
.
(,
A Temporary Use Permit, Mj_nor or Major, ffiây be approved
or conditionally approved onJ_y if the decision maker
makes al-l of the f ol-lowing Findings f or Approval_:
l_
That the proposed site is adequate to accommodate
the anticipated number of guests and vendors for the
temporary use;
2.
That operation of the temporary use for a limited
period of time consistent with the permit condit.ions
wilI not be detrimental_ to the public health,
safety, and welfare and will not adversely affect
the surrounding neighborhood; and
That in consideration of the past and present use of the
site, granting of the Temporary Use permit would. not
authorize a permanent use to occur in confl_ict with t.he
allowed uses of the applicabl-e zone.
4
D
That operation of the temporary use would not adversely
affect the community plan.
The decision maker may impose conditions of approval on
the Temporary use Permit as deemed necessary to protect the
public health, safety, and welfare and to ensure compliance
wit.h the findings supporting such approval. conditions of
approval may include, but are not. limited to:
1
Referral to Design Review Board;
2
Hours of operaLion;
3
Permit duration and expiration;
4
Requirement for adequate temporary off-street
parking
facil-ities, including safe vehicular ingress and. egress;
5
Regulation of signs and advertising;
^
Regulation of the use of live music or
or sound system;
l
Regulation of lighting,
noise,
vibraLions, and other nuisances,.
Page 8 of 13
9âs,
a
public-address
smoke, fumes,
I
Requirement for restrooms;
9
Requirement f or security personnel,'
10
Regulation of temporary or permanent site improvemenLs;
11
insurance and a "Hold Harmless"
Requirement for Iiability
agreement to proLect t.he City;
3.
Requirement of bonds or other guarantees for cleanup
and removal of structures or equipment to return the
site to its state prior to t.he temporary use within
a specified time period;
12. Requirement of bonds or other guarantees for cfeanup and
removaf of structures or equipment. Lo return the site to
its sLate prior to the Lemporary use within a specified
time period,' and
Any
other conditions as deemed necessary to protect the
13.
pubtic healt.h, safeLy, and welfare and minimize
detrimental effects to surrounding properties.
E. Performance Standards
this section shall at
standards:
1
2
3
4
5
The temporary uses all-owed pursuant to
comply with the following
a minimum
required permiLs,
The applicant shall- obt.ain aIl
including those referenced in Section 30.73.020 (D) as
applicable.
All- lighting shall- be direct.ed and shielded a\^lay
adjacent residential areas.
f rom
The temporary use shal-l- be designed to accommodate safe
pedestrian passage.
The temporary use shall comply with
requirement of t.he Fire Department.
any applicable
Prior to operation, the City shatl conducL an inspection
of the premise for compl j-ance with any applicable code
requirements.
Page 9 of 13
Upon termination of the temporary use or expiration of
the Temporary Use Permit, whichever occurs first,
the
6
property owner and/or applicant are required to remove
all temporary sLructures including fencing, Lemporary
restrooms, and signage.
The appJ-icant shall return the site to its state prior to
the temporary use, including the replacement or repair of
any damaged landscaping or site improvements. Once an
inspection of the premise has been completed by the City
to verify compliance, âtry bonds andfor deposits that. were
7
collected will be returned.
F
The Director of Planning and Community Development
approve a request for renewaf of a Temporary Use
Permit in accordance wit.h Section 30.73 .040 (A) .
may
SECTION NINE
That Section 30.73.050 of the Municipal Code be added to read as
follows: 30. 73 . 050
A
B
Publ-ic Notice Requirement
Upon approval of a Mi-nor Temporary Use Permit by t.he
Director of Planning and Community Development, a notice
shall be posted at City Hal-I and at the site of the
temporary use for at least five working days to advise
the public that the Director's approval may be appealed
in accordance with DMMC Section 30.73.040(A) .
The applicant for a Major Temporary Use Permit shall
provide notice for a Major Temporary Use Permit as
f oIl-ows
:
1
Notice of application shall be posted at City Hal-l
and at t.he site of the temporary use (using a
notification card provided by the City) within one
working day of applicat.ion submit.tal to notify the
public that an application for a Major Temporary Use
Permit. was received;
z
Notice of the City Council hearing shall
at least l-0 days prior to the hearing to
ident.ified on County Tax Assessors' rolls
Page 10 of 13
be mailed
al-l- otvners
as owners
of real property within 300 feet of the location of
the proposed temporary use; and
3
Notice of the City Council hearing shall be
publíshed at least 10 days prior to the hearing in
newspaper of general circulation within the City.
a
C. The required contents for the Notice of City Council hearing
shall- contain t.he date, Place, and time set for the
hearing and the following:
1_.
z
3
4
The number assigned to the application;
Applicant and property owner name/'
A description of the proposed temporary use and its
focation; and
An explanation that the City Council may approve or
condít.ionatly approve the Temporary Use Permit
application after making all- of the findings for
approval pursuant to DMMC Section 30.73.040(C)
.
SECT¡ON TEN
That new Section 30.73.060 of the Municipal Code be added to read as
follows:
30.73.060 Expiration of a
A
Tempor
tJSE PETMIT
The decision maker may set an expiration date for each
Temporary Use Permit in accordance with DMMC 30.73.040
(D) .
The Temporary Use Permit sha1l expire and become
nul-l- and void on t.he expiration date specif ied in the
permit, or if no expiration date is specified, the permit
shall expire 30 calendar days after the final date
authorized for the event to occur in accordance with the
Temporary Use Permit.
B
If exceptional circumstances exist, such as a change in
the evenL dates due to inclement weaLher, additional time
may be granted by the Director of Planning and communit.y
Development to extend the Temporary Use Permit expiration
if Lhere is no change in circumsLances that would
findings for
the initial
otherwise rend.er invalid
approval made pursuant to Section 30.73.040(C)
.
Page11of13
SECTION ELEVEN
The City Council finds that approval of this ordinance is exempt from the California
Environmental Quality Act (CEOA) pursuant to Section 15061(bX3) (General Rule) because
CEQA applies only to projects which have the potential for causing a significant effect on the
environment and the proposed regulations, in and of themselves, will not result in any
physical development or significant effect on the environment. Under the Ordinance, all TUP
applications will require discretionary approval and will be subject to future CEQA review at
the project level.
SECTION TWELVE
That the Temporary Use Permit process adopted herein is not intended as a means for an
applicant to circumvent applicable zoning regulations with regards to short term rental of a
dwelling unit.
SECTION THIRTEEN
This Ordinance was introduced on December 19,2016
SECTION FOURTEEN
The City Clerk is directed to prepare and have published a summary of this Ordinance no less
than five days prior to the consideration of its adoption and again within 15 days following
adoption indicating votes cast.
SECTION FIFTEEN
lf any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any
reason, held invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance.
SECTION SIXTEEN
Upon adoption, the ordinance will be submitted to the California Coastal Commission for
certification as a Local Coastal Program Amendment. The Ordinance will take effect and be in
force on the date that the California Coastal Commission takes action to unconditionally certify
the Local Coastal Program Amendment.
Page 12 of 13
pASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the
3rd day of January,2017.
RRY SIN
City of Del Mar
ayor
APPROVED AS TO FORM:
E. Devaney, City
Attorney City of Del Mar
ATTEST AND CERTI FICATION
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
l, ASHLEY JONES, Administrative Services Director/City Clerk of the City of Del Mar,
California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of
Ordinance No. 926, which has been published pursuant to law, and adopted by the
City Council of the City of Del Mar, California, at a Regular Meeting held the 3rd day of
January, 2017, by the following vote:
AYES
NOES:
ABSENT:
ABSTAIN
Mayor Sinnott, Deputy Mayor Worden, Council Members Druker, Haviland, and
Parks
None
None
None
Ashley Jones
Administrative Services Directo r/City Clerk
City of Del Mar
Page 13 of 13