Chapter 17.27
TEMPORARY USES

17.27.010 Purpose

The purpose of this Chapter is to regulate land use activities of a temporary nature so as to protect the public health, safety, and welfare. The intent of these regulations is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and land owners, and to minimize any adverse effects on surrounding properties and the environment.

17.27.020 General Provisions

A.    Temporary uses shall be established only in those zone districts where temporary uses are expressly permitted or conditionally permitted.

B.    A temporary use or structure (as defined in PMC 17.16.200) which does not have a valid and current temporary use permit as specified herein is hereby declared to be a public nuisance, subject to the enforcement provisions of the Municipal Code and other applicable laws.

C.    The reviewing authority may approve, conditionally approve or deny a permit for a temporary use, and may establish conditions and limitations, including but not limited to hours of operation, provision of parking areas, signing and lighting, traffic circulation and access, temporary or permanent site improvements, and other measures necessary to minimize potential effects on properties adjacent to and in the vicinity of the proposed temporary use.

D.    Unless otherwise specified in this Chapter, all sites utilized for temporary uses shall be cleaned of trash, debris and any temporary structures within five (5) days after the termination of such event.

E.    The City may require a cash deposit or other security as approved by the City Attorney to defray the costs of cleanup of a site by the City, in the event the applicant fails to leave the property in a presentable and satisfactory condition, or to guarantee removal and/or reconversion of any temporary use to a permanent use allowed in the subject zone district.

F.    A change in ownership or operator of a use or structure subject to a temporary use permit, as specified in this Chapter, or an approved change or modification to the structure or use allowed on a parcel subject to such a permit, shall not affect the time periods established by this Chapter which allow such temporary uses or structures.

17.27.030 Permits Required for Temporary Uses

Applications for temporary uses shall be filed with the Planning Department, along with the required fee, and shall be subject to the requirements and criteria specified herein and to any other additional conditions that the City determines to be reasonably necessary to ensure that the use will not be injurious to health, safety or welfare.

A.    Special Event Permit

A Special Event Permit shall be required for the following temporary uses:

1.    Parking lot and sidewalk sales, providing merchandise customarily sold on the premises, for businesses located within a commercially designated property, subject to the development standards and sign standards contained within the Zoning Ordinance and other applicable requirements. Such sales shall be limited to not more than ten (10) one (1) day events in any ninety (90) day period. (For events that are more than one (1) day a Temporary Use Permit will be required. Parking lot and sidewalk sales authorized by this Section shall not include the off-site sale of any vehicle or vessel, including but not limited to automobiles, recreational vehicles, trailers, campers, trucks, construction equipment, boats or other watercraft, or motorcycles or all-terrain vehicles. (Zoning Ordinance Amendment 03-02, adopted by City Council April 23, 2003; urgency ordinance adopted by City Council April 9, 2003.)

2.    Grand openings and anniversary events for businesses located within a commercially designated property, subject to the development standards and sign standards contained within the Zoning Ordinance and other applicable requirements. Such events shall be limited to one (1) day and be held no more than once annually. (For events that are more than one (1) day a Temporary Use Permit will be required.) (Zoning Ordinance Amendment 98-1, adopted by City Council March 10, 1999.)

3.    Outdoor art and craft shows and exhibits, limited to not more than ten (10) one (1) day shows or exhibits in any ninety (90) day period. (For events that are more than one (1) day a Temporary Use Permit will be required.) (Zoning Ordinance Amendment 98-1, adopted by City Council March 10, 1999.)

4.    Bazaars, pony rides, festivals and similar events, limited to not more than ten (10) one(1) day events in any ninety (90) day period. (For events that are more than one (1) day a Temporary Use Permit will be required.) (Zoning Ordinance Amendment 98-1, adopted by City Council March 10, 1999.)

5.    Mobile health services, including medical, dental or veterinary services, blood-mobiles or health fairs, limited to not more than ten (10) one (1) day events in any ninety (90) day period. Health fairs may include corporate massage pursuant to PMC 5.04.560 and 17.92.140. (For events that are more than one (1) day a Temporary Use Permit will be required.) (Zoning Ordinance Amendment 96-3, adopted by City Council January 8, 1997 and Zoning Ordinance Amendment 98-1, adopted by City Council March 10, 1999.)

6.    Parades, and other events conducted within the public right-of-way shall be subject to the provisions of Title 12 PMC.

B.    Temporary Use Permit

A Temporary Use Permit shall be required for the following temporary uses:

1.    Christmas tree lots, pumpkin lots, haunted houses and firework stands, subject to the following guidelines and conditions:

a.    Christmas tree sales, sale of pumpkins and operation of haunted houses shall be located on commercially zoned and designated property. Fireworks stands may be located on property within any zone designation provided: 1) such property is not residentially developed; 2) a stand must be located a minimum of 200 feet from any residential use; and 3) a stand may not be located within any area subject to a very high fire hazard severity zone designation as defined by PMC 8.04.203. (Zoning Ordinance Amendment 11-01, adopted by City Council March 2, 2011.)

b.    Christmas tree sales shall be limited to the period of time between December 1 and December 25, both dates inclusive. No structures, including but not limited to poles, fences, lights, spray booths, and sheds shall be erected or maintained on the site, and no Christmas trees shall be delivered to the site, sooner than November 21st or later than December 30th.

c.    Sales of pumpkins from pumpkin lots shall be limited to the period of time between October 15th and October 31st, both dates inclusive. No structure, including but not limited to poles, fences, lights, and sheds, shall be erected or maintained on the site, and no pumpkins shall be delivered to or left on the site, sooner than October 10th or later than November 1st.

d.    Operation of haunted houses shall be limited to the period of time between October 15th and November 1st, both dates inclusive. Haunted houses shall only be permitted in permanent buildings with appropriate occupancy rating, as determined by the Building and Safety Department. Any temporary interior modifications are subject to Building and Safety Department requirements.

e.    Firework stands (occupancy and/or sales) shall be limited to the period of time between noon on June 28 and noon on July 5. No structure, including but not limited to poles, fences, lights, and sheds, shall be erected or maintained on the site, and no fireworks shall be left on the site, after July 6. Fireworks stands shall be separated from adjacent fireworks stands and other structures as required by the Los Angeles County Fire Department. (Zoning Ordinance Amendment 11-01, adopted by City Council March 2, 2011.)

f.    All lighting shall be directed away from and shielded from adjacent properties and streets.

g.    Adequate provisions for traffic circulation, off-street parking, dust control and pedestrian safety shall be provided as approved by the Planning Director and City Traffic/Transportation Engineer.

h.    All requirements of the City shall be complied with throughout duration of the use.

2.    Circuses, carnivals, rodeos, concerts, shows or similar enterprises, and any of the uses permitted with a Special Event Permit that operate for more than one (1) day are subject to the following guidelines and conditions: (Zoning Ordinance Amendment 98-1, adopted by City Council March 10, 1999.)

a.    All such uses shall be located on commercially zoned and designated property. (Zoning Ordinance Amendment 98-1, adopted by City Council March 10, 1999.)

b.    Circuses, carnivals, rodeos, concerts, shows or similar enterprises, shall be limited to not more than fifteen (15) continuous days, or not more than three (3) weekends, of operation in any one hundred eighty (180) day period. Any request to exceed this time limitation shall require the review and approval of a Conditional Use Permit, pursuant to Chapter 17.22 PMC. (Zoning Ordinance Amendment 98-1, adopted by City Council March 10, 1999.)

c.    Any of the uses permitted with a Special Event Permit that operate for more than one (1) day shall be limited to not more than ten (10) days of operation in any ninety (90) day period. (Zoning Ordinance Amendment 98-1, adopted by City Council March 10, 1999.)

d.    All such activities shall have a minimum setback of one hundred (100) feet from any residential area. This requirement may be waived or modified by the Planning Director, if it is determined that no adverse impacts would result.

e.    Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided as approved by the Planning Director and City Traffic/Transportation Engineer.

f.    Sanitary facilities shall be provided, the number and location of which shall be approved by the City and other applicable agencies.

g.    Security personnel shall be provided as required by the Sheriff’s Department for circuses, carnivals, rodeos, concerts, shows or similar enterprises. (Zoning Ordinance Amendment 98-1, adopted by City Council March 10, 1999.)

h.    Circuses, carnivals, rodeos, concerts, shows or similar enterprises shall provide designated parking accommodations for workers and support vehicles. (Zoning Ordinance Amendment 98-1, adopted by City Council March 10, 1999.)

i.    Noise attenuation for generators and carnival rides shall be provided as approved by the Planning Director.

j.    All lighting shall be directed away from and shielded from adjacent properties and streets.

k.    Applicant shall obtain all applicable local, County or State permits. (Zoning Ordinance Amendment 98-1, adopted by City Council March 10, 1999.)

3.    Trailer coaches, motorhomes or manufactured homes, for use as temporary living quarters for security personnel, temporary residence of the subject property owner, or on active construction sites, where permitted by the zone. The following restrictions shall apply: (Zoning Ordinance Amendment 95-6 adopted by City Council April 10, 1996.)

a.    The Planning Director may approve a temporary vehicle for the duration of the construction project, or for a specified period, but in no event for more than three (3) years. If exceptional circumstances exist, a one (1) year extension may be granted. (Zoning Ordinance Amendment 95-6 adopted by City Council April 10, 1996.)

b.    Vehicles permitted pursuant to this Section shall not exceed a maximum gross square footage of six hundred fifty (650) square feet in size (tongue not included), and shall have a minimum of two hundred fifty (250) square feet for one (1) or two (2) persons, or a minimum of six hundred (600) square feet for occupancy by three or more persons. The unit must have a valid California vehicle license. Pickup campers shall not be permitted.

c.    The temporary vehicle installation must meet all applicable requirements of the Los Angeles County/Health Department and the City of Palmdale Department of Building and Safety.

d.    Any permit issued pursuant to this Section in conjunction with a construction project shall become invalid upon cancellation or completion of the building permit for which this use has been approved, or the expiration of the time for which the approval has been granted.

e.    The permitted vehicle shall be removed from the site within thirty (30) days of the expiration of the temporary use permit, the final clearance or the issuance of the Certificate of Occupancy, or the expiration of the building permit, whichever occurs first. A motor home, fifth-wheel trailer or other recreational vehicle permitted under this Section shall be disconnected from all utilities at the time of final clearance or issuance of the Certificate of Occupancy. (Zoning Ordinance Amendment 95-6 adopted by City Council April 10, 1996.)

f.    Any vehicle permitted under this Section shall be connected to approved sewage, electrical and water facilities at all times during which the vehicle is occupied on the site.

g.    A minimum lot size of 40,000 square feet shall be required where a vehicle is proposed to be used as a temporary residence during construction of an individual single family residence.

4.    Temporary office modules. The use of temporary structures, such as trailers or pre-fabricated structures for use as interim offices on active construction sites may be permitted in any zone which allows the use, subject to the following requirements:

a.    The Planning Director may approve a temporary office module for the duration of the construction project, or for a specified period of time. If exceptional circumstances exist, one or more one (1) year extension(s) of time may be granted, provided that building permit(s) for permanent dwelling(s) or structure(s) on the same site remain valid; that project construction is being pursued; and that the location of the temporary office does not interfere unreasonably with the project’s residents or users.

b.    Installation of such structures may occur only after a valid building permit has been issued by the City of Palmdale Department of Building and Safety.

c.    Vehicles or modular structures permitted pursuant to this Section shall not exceed a maximum gross square footage of six hundred fifty (650) square feet in size (tongue not included). Where applicable, a valid California vehicle license must be affixed to the vehicle.

d.    The temporary office module installation must meet all applicable requirements of the Los Angeles County/Health Department and the City Department of Building and Safety.

e.    Any permit issued pursuant to this Section in conjunction with a construction project shall become invalid upon cancellation or completion of the building permit for which this use has been approved, or the expiration of the time for which the approval has been granted.

f.    The permitted office module shall be removed from the site within sixty (60) days following the issuance of a final clearance, the issuance of the Certificate of Occupancy or, where such module is used for temporary sales, upon the occupancy of the permanent sales office.

g.    No recreational vehicles shall be used for this purpose.

5.    In-tract model home sales complexes. A model home sales complex may be constructed within a tract pursuant to the approval of a Temporary Use Permit. One model within such tract may be used as an office solely for the sale of homes within the tract and/or complex. All such complexes are subject to the following conditions:

a.    The sales office shall be located within a garage or the main structure of one of the dwelling units within the tract.

b.    Model home sales complex approvals shall be valid for an initial period of three (3) years, or as otherwise approved in the TUP. Upon expiration of the TUP, the sales office shall be terminated, the structure restored to a residential use and all appurtenant structures related to the model home complex removed. Extensions may be granted by the Planning Director in one (1) year increments or until all units are sold.

c.    A cash deposit, letter of credit, or other security approved by the City, if applicable, shall be submitted to the City of Palmdale, in an amount to be established by the Director of Building & Safety, to ensure the restoration of the sales office and the removal of parking facilities and other structures associated with the complex.

d.    The sales office is to be used only for transactions involving the sale, rent, or lease of lots and/or structures within the tract in which the sales office is located, contiguous tracts, or a planned community.

e.    Street improvements and temporary off-street parking at a rate of two (2) spaces per model, or a minimum of six (6) spaces, whichever is greater, shall be completed as approved by the City Engineer and Planning Director, prior to commencement of sales activities or the display of model homes.

f.    All fences proposed in conjunction with the model homes and sales office are to be located outside the public right-of-way, except as approved by the City Engineer. An encroachment permit will be required for any fence or structure proposed to be located within a public right-of-way.

g.    Flags, pennants, or other on-site and off-site advertising shall be permitted and regulated pursuant to the applicable sections of Chapter 17.88 PMC.

h.    All model home lots shall be fully landscaped, in conformance with Ordinance U-992, with at least one model utilizing xeriscape landscaping, to produce a pleasing aesthetic environment.

i.    Adequate on-site lighting shall be provided to ensure a safe and secure environment, while at the same time being designed and placed so as to prevent stray light or glare from becoming a nuisance factor for adjacent properties. The lighting design shall be submitted for review and approval of the Planning Department prior to the issuance of building permits on the subject site.

j.    Adequate paved access from a public right-of-way shall be provided to the model home complex and/or sales office.

k.    Failure to terminate the sales office, restore the structure, and remove parking facilities and associated structures or failure to apply for an extension on or before the expiration date, may result in forfeiture of the cash deposit, a halt in further construction or inspection activity on the project site, and enforcement action to ensure restoration of the model complex site to single family residences.

6.    Stockpiling, subject to the following guidelines and conditions:

a.    No stockpiling shall be permitted on undisturbed native desert vegetation without appropriate environmental review, pursuant to state law.

b.    Stockpiled material shall not exceed a height of three (3) feet, and should be evenly spread.

c.    Location of stockpiled material shall not adversely impact adjacent properties or uses through creation of windblown dust, visual appearance, or other creation of an attractive nuisance.

d.    During placement or removal of stockpiled material appropriate traffic control measures shall be taken, as determined by the City Traffic/Transportation Engineer. Truck access to the stockpiling area from the adjacent right-of-way shall be approved by the Traffic/Transportation Engineer.

e.    Dust control measures shall be taken during stockpiling or removal operations as deemed necessary by the Planning Director.

f.    Erosion control measures on stockpiled material shall be implemented as determined necessary by the City Landscape Architect.

g.    Stockpiled material shall not contain greenwaste, trash, composted material, sludge, or biosolid material in any combinations or quantities. (Zoning Ordinance Amendment 97-1, adopted by City Council August 13, 1997.)

7.    Temporary Sales of Alcoholic Beverages (Zoning Ordinance Amendment 04-01, adopted by City Council July 11, 2005.)

Any event sponsor or applicant that anticipates a temporary event with alcohol sales shall obtain a Temporary Use Permit. The application is to be filed with the Planning Department at least sixty (60) days in advance of the event.

The Event Sponsor is the entity determined by the City to be liable for protecting public health and safety of event participants (those who attend the event), of event operators (those who create and execute the event), and of all others affected by the actions of event participants and event operators.

a.    The Planning Director shall review and approve applications for a Temporary Use Permit.

b.    Conditions for a Temporary Use Permit

1.    The applicant shall obtain property owner’s authorization.

2.    The applicant shall obtain a Business License and any other permits applicable for the event.

3.    The applicant shall submit a site plan showing the event and areas that alcohol is to be sold.

4.    The applicant shall have control over points of access to the location where alcoholic beverages are dispensed and consumed.

5.    The applicant shall have control and containment of individuals who consume alcoholic beverages.

6.    Los Angeles Sheriff’s Department liaison shall determine the number of deputies required for security of the event based on the type and size of the event.

7.    All alcoholic beverage servers shall have in their possession proof of completing “Responsible Beverage Service” training from the Department of Alcoholic Beverage Control.

8.    A Temporary Alcoholic Beverage Control license is required for the duration of this event. A copy of the temporary license is to be submitted to the City of Palmdale Planning Department prior to the start of the event.

9.    The applicant shall specify the hours of operation of the event and the hours of sale of alcoholic beverages.

10.    The applicant shall provide liability insurance in the amount determined by the City Attorney based on the size and type of the event with an “Alcohol Endorsement” and naming the City of Palmdale as additionally insured.

11.    The applicant shall provide traffic and parking control as required to facilitate safe and orderly on-site and off-site traffic flow and circulation for the event including handicapped access and fire lanes. Obtain approval of the site plan from the Los Angeles County Fire Department. The approved site plan is to be submitted to the Planning Department along with the Temporary Use Permit application.

12.    The site shall be restored to the original condition. Site shall be free of debris, all trash receptacles removed, temporary fencing removed, and all disturbed asphalt shall be restored to the original condition. Disturbed landscape areas are also to be restored to the original condition. The applicant shall be financially responsible for any damage to the parking lot surface and landscape areas resulting from the event.

13.    All proposed signage is to be approved by the Planning Department and shall comply with Chapter 17.88 PMC, Signs.

14.    All tents and other temporary structures shall require Fire Department approval. Provide a copy of the signed plans to the Planning Department prior the event.

15.    The applicant is to comply with all Los Angeles County Fire Department requirements such as Fire lanes, access points, and may require on-site Los Angeles County Fire Department staff.

16.    All uses involving electricity require an electrical permit from the Building and Safety Department.

17.    The applicant shall provide sanitary facilities for the participants of the event.

18.    All unimproved parking areas and main walk areas shall be kept damp or shall be covered with a material to prevent dust.

19.    The site shall be kept free of debris and wind blown trash. The applicant shall provide adequate number of trash receptacles based on the size of the event.

20.    All temporary lighting shall be directed away from and shielded from adjacent parcels, streets, and public rights-of-way.

21.    If live entertainment is planned, noise generated from performances is to be directed away from residential uses and kept at an acceptable level.

22.    All food vendors are required to obtain a Los Angeles County Health Permit for the sale of food and drinks.

23.    A minimum deposit of five hundred ($500) or more as determined by the Planning Director is to be submitted to the Planning Department prior to the event to ensure timely compliance with Temporary Use Requirements.

24.    The applicant shall comply with all other Conditions of Approval for the Temporary Use Permit.

C.    Site Plan Review

The following temporary use may be permitted subject to Site Plan Review approval and approval of a Temporary Use Permit.

1.    Off-site model home sales complexes. A model homes sales complex, when not located within the subdivision in which the models are being constructed, is considered to be an off-site model home sales complex. Off-site model home sales complexes may be permitted where allowed by the zone and subject to Site Plan Review approval and a Temporary Use Permit by the Planning Director, pursuant to Chapter 17.21 PMC, and in conformance with the following criteria:

a.    The sales office associated with the model home complex may be located only within a dwelling unit itself, or within a garage. Trailers, modulars, manufactured units, or any similarly temporary structure shall not be permitted.

b.    All structures shall be constructed pursuant to the minimum requirements of the zone district in which they are located.

c.    A cash deposit, letter of credit, or other security approved by the City, if applicable, shall be submitted to the City of Palmdale, in an amount to be established by the Director of Building and Safety, to ensure the restoration of the sales office and the removal of parking facilities and other structures associated with the complex.

d.    Street improvements and temporary off-street parking at a rate of two (2) spaces per model, or a minimum of six (6) spaces, whichever is greater, shall be completed as approved by the City Engineer and Planning Director, prior to commencement of sales activities or the display of model homes.

e.    All fences proposed in conjunction with the model home sales office are to be located outside of the public right-of-way except as approved by the City Engineer pursuant to approval of an encroachment permit.

f.    Adequate on-site lighting shall be provided to ensure a safe and secure environment, while at the same time being designed and placed so as to prevent stray light or glare from becoming a nuisance factor for adjacent properties. The lighting design shall be submitted for review and approval of the Planning Department prior to the issuance of building permits on the subject site.

g.    Flags, pennants, or other on-site and off-site advertising shall be permitted and regulated pursuant to the applicable sections of Chapter 17.88 PMC.

h.    The approval of this permit shall be for an initial period of thirty-six (36) months, at which time the model home/sales office use shall be terminated. Time extensions may be granted by the Planning Director subject to the provisions contained in Chapter 17.21 PMC.

i.    Adequate paved access from a public right-of-way shall be provided to the model home complex and/or sales office.

j.    The structure shall meet all requirements of the City of Palmdale Department of Building and Safety, including but not limited to the installation of handicapped accessible restroom facilities, and adequate utility facilities.

k.    All model home lots shall be fully landscaped, in accordance with Ordinance U-992, with at least one model utilizing water efficient landscaping, to produce a pleasing and aesthetic environment.

l.    Failure to terminate the sales office, restore the structure, and remove parking facilities and associated structures or failure to apply for an extension on or before the expiration date may result in forfeiture of the cash deposit, a halt in further construction or inspection activity on the project site, and enforcement action to ensure restoration of the model complex site to single family residences.

D.    Temporary Vehicle Sales Permit. (Zoning Ordinance Amendment 03-02, adopted by City Council April 23, 2003; urgency ordinance adopted by City Council April 9, 2003.)

A Temporary Vehicle Sales Permit shall be required for any off site display and sales of three (3) or more vehicles or vessels, including but not limited to automobiles, light trucks, recreational vehicles, trailers, campers, commercial trucks, construction equipment, boats or other watercraft, motorcycles or all-terrain vehicles, or other similar forms of motorized vehicular transport. Off-site sales shall mean the display and sale of three (3) or more vehicles or vessels at a business location not open for the sales of said vehicles or vessels during regular business hours on a year-round basis.

1.    Permit Application and Issuance:

a.    A complete Temporary Vehicle Sales Permit Application must be filed at least 30 days prior to the date of the proposed event. Applications filed less than 30 days from the date of the proposed event, or incomplete applications, will not be accepted.

b.    Each application shall be submitted on the form provided by the City, and shall be accompanied by:

1.    The fee set forth in the City’s adopted Fee Resolution;

2.    Authorization from the underlying property owner; and,

3.    A site plan which shows all proposed activities including tents, shade structures, temporary fencing or barricades, generators, temporary power lines, temporary communication lines, air conditioning equipment, inflatable devises, spot lights, stages or entertainment areas, portable restrooms, trash receptacles, signage and banners, decorative lighting, food vending activities, locations for remote radio or television broadcast activities, portable lighting, and/or jump tents and other play equipment, shall be provided. If an activity is not shown and specifically approved on the site plan, it shall not be permitted. The site plan shall be adequately detailed to show all proposed activities, shall be fully dimensioned and shall be at a scale adequate to depict the proposed site and the scope of the event.

c.    Issuance of Temporary Vehicle Sales Permits shall be limited to a total of four (4) permits in the City as a whole for the period between July 1 and June 30 each year (permit period). One permit shall be issued each calendar quarter.

d.    Applications for Temporary Vehicle Sales Permits shall be accepted as follows:

1.    June 1 or the first business day thereafter for the event to be scheduled between July 1 and September 30.

2.    September 1 or the first business day thereafter for the event to be scheduled between October 1 and December 31.

3.    December 1 or the first business day thereafter for the event to be scheduled between January 1 and March 31.

4.    March 1 or the first business day thereafter for the event to be scheduled between April 1 and June 30.

Applications will not be accepted before 8:00 a.m. on the dates noted above. Only complete applications, hand delivered to the Planning Department, will be accepted. Applications will be processed in the order they are received.

e.    Each Temporary Vehicle Sales event shall be limited in duration to no more than consecutive three (3) days, not including set up and strike down times which shall be approved by the Director of Planning.

f.    There shall be a minimum of 30 days between each Temporary Vehicle Sales Event.

g.    The site for a Temporary Vehicle Sale shall be fully improved, and the subject property shall be located in Zone C-3, C-4, C-5, CD, M-1, M-2, M-4, PF, or OR, or be located within the Trade and Commerce Center Specific Plan or the Auto Center Specific Plan.

2.    Activities Prior to the Event

a.    Each participating auto dealer shall obtain a resale permit for the subject location from the State Board of Equalization (SBOE) for the duration of the sale. If a participating dealer does not have a current City business license, then a business license must also be obtained prior to the commencement of vehicle sales. Each participating auto dealer must obtain all other necessary state or local permits, including but not limited to permits issued by the Department of Motor Vehicles, and said permits are required to be available for inspection on-site for the duration of the event. The applicant shall be responsible for ensuring that each dealer possesses the required permits as set forth above.

b.    All other vendors or event participants, such as food vendors or entertainers, must possess or obtain all necessary state and local permits, including but not limited to a City business license, sellers permit, or health permit, and copies of said permits are required to be available for inspection on-site for the duration of the event. The applicant shall be responsible for ensuring that each event participant possesses the required permits as set forth above.

c.    A site inspection by City Staff to satisfactorily determine compliance with the approved site plan and conditions of approval is required prior to commencement of vehicle sales. The application fee shall include only one inspection. If additional inspections are required to demonstrate compliance, subsequent inspections shall be subject to the fees as set forth in the City’s fee resolution.

d.    No sales or on-site promotional activities are permitted prior to 10 a.m. the day of the event or to completion of a satisfactory site inspection, whichever occurs later.

e.    If a clean up deposit is required as a condition of approval of the event, said deposit shall be posted with the Planning Department prior to the commencement of event set up.

3.    Activities During the Event

During a Temporary Vehicle Sales Event, the subject property will be maintained free of trash and debris and in compliance with the approved site plan and conditions of approval. In addition, the following minimum standards shall apply:

a.    Any overhead communication wires shall be installed no less than 14 feet above the underlying grade, and shall be maintained at that height until they are removed. Any temporary power lines shall be extended to the site at ground level and shall be secured in such a manner through the use of temporary ramp covers and/or mat covers so as not to constitute a trip hazard.

b.    Any guy wire supports for tents shall be clearly marked or flagged so as to be visible to pedestrians and shall be surrounded by barricades to preclude pedestrian access.

c.    Signs for Temporary Vehicle Sales Events are regulated by Chapter 17.88 PMC. All temporary signs to be erected must be shown on the site plan and shall be specifically approved at the time of permit issuance. Any signs not approved prior to the event shall not be permitted.

d.    Any temporary lighting installed for the event shall be shielded, and shall be located in such a manner so as not to shine directly towards adjacent streets, drive aisles or residential uses. Illumination levels from the combination of any permanent lighting, and any temporary lighting structures shall not exceed the maximum average illumination permitted in PMC 17.86.030.

e.    No balloons, pennants or wind-activated devices shall be affixed to the vehicles.

f.    The maximum height of any temporary poles or structures erected for the event shall be 17 feet.

g.    Trash receptacles and restrooms, in adequate numbers as determined by the Planning Director, are required and must be maintained in a sanitary condition for the duration of the event. Trash receptacles shall be emptied as needed but in no case any less frequently than twice per day. Any blowing trash or debris emanating from the event shall be collected and removed as soon as possible. Temporary restrooms shall be serviced as necessary.

h.    At all times, surrounding drive aisles, sidewalks and pedestrian paths must be maintained free of obstructions, including but not limited to sales vehicles, temporary fencing, temporary structures and their supports, or any other activity or structure relating to the event. Within the event area, adequate separation between sales vehicles, temporary fencing, temporary structures and their supports, or any other activity or structure relating to the event shall be provided to ensure adequate pedestrian circulation within the event perimeter. Event design shall avoid creating dead-end drive aisles.

i.    No signs, promotional devices, fences, guy wires or any other feature relating to the event shall be attached or affixed to on-site landscaping or parking lot light fixtures.

4.    Activities Following the Event

All structures, fixtures, vehicles, and trash and debris shall be removed from the site and the surrounding area prior to the end of the approved strike-down period. Any damaged or broken curbs or asphalt shall be repaired, and any disturbed landscape areas shall be revegetated to their previous condition.

5.    Findings for Approval

In addition to the findings contained in PMC 17.27.060, the following findings are required for approval of a Temporary Vehicle Sales Permit:

a.    The pedestrian and vehicular access to the site will not be adversely affected by the location and/or design of barricades, fencing, vehicles, or structures erected for the event. In addition, the design of the event site demonstrates adequate pedestrian and vehicular access, including required handicapped access.

b.    The site for the proposed event is sufficiently large to accommodate: 1) the vehicle sales and accessory uses proposed in the application, 2) vehicle parking necessary for patrons of the event; and 3) all required vehicle parking and access for any permanent uses occupying the subject property.

c.    If the applicant has conducted previous off-site vehicle sales events, the applicant has conducted said event in compliance with the conditions of approval applied to the event, and has left the site in a clean condition, free of debris within the period of time given for strike down activities.

17.27.040 Application Procedure

Applications for any permits to establish temporary uses, as described in this Division, shall be filed with the Planning Department in a manner prescribed by the Planning Director, along with the required fee as established by resolution of the City Council.

17.27.050 Termination of Temporary Uses

A.    No operator of a temporary use shall continue operation of that use beyond the time periods allowed by this Division. If no maximum time period is specified in this Division for the operation of the use, the operator shall not continue operation beyond the period specified in the temporary use permit.

B.    If the Planning Department determines that a temporary use which is being operated pursuant to a Special Event Permit or a Temporary Use Permit is being conducted in violation of this Ordinance or the terms and conditions of such permit, the Planning Director shall provide notice and an opportunity for a hearing to the permit holder before making a decision to revoke or not revoke the permit. If the Planning Director determines, after reviewing the information and considering the information presented during the hearing that sufficient evidence exists of a violation, the Planning Director may revoke the permit or impose additional conditions to ensure compliance. The permittee may appeal the decision by filing an appeal as allowed and specified in PMC 17.20.110. Any suspected violation of a Conditional Use Permit with respect to a temporary use shall be regulated by Chapter 17.22 PMC, Conditional Use Permits.

17.27.060 Review Criteria

No Temporary Use shall be approved unless it can be determined that:

1.    The use will be compatible with adjacent uses and will not adversely affect the surrounding area by means of noise, odor, dust or other nuisances.

2.    Any increase in traffic resulting from the use will not adversely affect the surrounding area or City at large.

3.    The proposed use is permitted in the zone district and conforms with all applicable policies and ordinances of the City of Palmdale.