18.16.245 Temporary Uses.
A. Purpose. Standards for temporary uses allow the short-term placement (generally six (6) months or less) of activities on privately owned property with appropriate regulations so that such activities will be compatible with surrounding areas.
B. Applicability. A temporary use may be conducted in any zoning district, subject to review and approval of an administrative use permit by the Zoning Administrator. Temporary uses shall be operated in compliance with other applicable regulations under the Larkspur Municipal Code (i.e., noise control regulations, business licenses, health and sanitation standards), and may be subject to additional permits, other City department approvals, licenses and inspections as required by applicable laws and regulations. Temporary uses shall include the following:
1. Outdoor seasonal product sales, including Christmas tree lots, and pumpkin sale lots, for periods not exceeding forty-five (45) consecutive calendar days.
2. Trailers/mobile homes that provide residences for security personnel associated with any construction site or outdoor seasonal product sales.
3. Trailers/mobile homes that provide offices for the following temporary uses:
a. Temporary seasonal businesses, such as carnivals or Christmas tree sales.
b. Business offices or sales facilities, where construction of a permanent facility is being diligently completed.
c. Construction offices where construction is being diligently completed.
d. Real estate offices on site of a proposed subdivision until such time as the notice of completion is filed with the building inspection division.
e. Public utilities that are required to maintain a place of business at a location at which no permanent structure suitable for the purpose is available.
4. Fairs, festivals, concerts, farmers’ markets, swap meets or other special events when not held within premises designed to accommodate such events, such as auditoriums, stadiums or other public assembly facilities.
5. Similar temporary uses which, in the opinion of the Community Development Director, are compatible with the district and surrounding land uses.
C. Exemptions. The following uses are exempt from a use permit:
1. Events that occur in theaters, meeting halls, or other permanent public assembly facilities, and that are consistent with the intended use of the structure.
2. Carnivals, fairs, bazaars, or other similar special events held on school premises or at religious institutions not more than four (4) times per year.
3. Civic events as permitted under Larkspur Municipal Code Section 18.16.240.
D. Findings. In approving the application for an administrative permit for a temporary use, the Community Development Director or Zoning Administrator may impose conditions that are deemed necessary to ensure the operation will be in accordance with the required findings provided in this subsection, and with the standards provided in subsection (E) of this section. The Zoning Administrator shall approve an application on the basis of the following findings:
1. The operation of the requested use at the location proposed, and within the time period specified, will not be detrimental to the health, safety, morals, comfort, convenience or general welfare of persons residing or working in the neighborhood of such proposed use, nor be injurious to property or improvements in the neighborhood.
2. The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site.
3. The proposed site is adequately served by streets having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably generate.
4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on site or at alternate locations acceptable to the Community Development Director or Zoning Administrator.
E. Standards. The applicant shall provide information to show that the following standards have been satisfactorily addressed:
1. Temporary Parking Facilities. Appropriate traffic control measures and adequate temporary parking facilities, including vehicular ingress and egress, shall be provided to the satisfaction of the City Traffic Engineer and the Police Department.
2. Nuisance Factors. Measures to control or mitigate potential nuisance factors such as noise, glare, or heat shall be provided to the satisfaction of the Planning Department.
3. Site Issues. The placement, height and size of temporary buildings, structures and equipment shall be reviewed by the Planning Department for consistency with base district regulations and other zoning ordinance requirements.
4. Sanitary/Medical Facilities. Sanitary and medical facilities shall be provided to the satisfaction of the County Health Department.
5. Trash/Litter Control. Adequate measures shall be taken for the collection, storage and removal of garbage, litter or debris from the site to the satisfaction of the Planning Department.
6. Signs. Any proposed signage for the temporary use shall comply with Larkspur Municipal Code Chapter 18.60, Signs, to the satisfaction of the Planning Department.
7. Hours of Operation. The use shall be limited in terms of operating hours and days to ensure compatibility with surrounding uses and neighborhood to the satisfaction of the Planning Department.
8. Performance Bonds. If deemed necessary by the Community Development Director or Zoning Administrator, a performance bond or other security deposit shall be submitted to the City Finance Department to assure that any temporary facilities are removed from the site within a reasonable time frame following the event and that the property is cleaned up and restored to its former condition.
9. Public Safety. Security and public safety measures shall be provided, including traffic control measures, if needed, to the satisfaction of the Police Department.
10. Compliance with Other Laws. Approval of the requested temporary use permit is contingent upon compliance with applicable provisions of other laws. Any event that includes the preparation, sale or serving of food shall comply with Marin County Health Department standards and permit requirements. Any event including the serving or sale of alcoholic beverages shall comply with the requirements of the State Alcoholic Beverage Control Agency (ABC).
11. Other. Other conditions may be required as needed to ensure the proposed temporary use is managed and operated in an orderly and efficient manner and in accordance with the intent and purpose of this section. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 953 § 1(18), 2007)