Temporary Use Permit

A permit is required when you want to use private property for a short-term, temporary event.

A Temporary Use Permit (TUP) is for short-term activities that don't meet the typical standards of a use or development, but may be allowed because of the temporary nature. Special requirements or limitations may be approved depending on the nature of the event, but basic building code and life safety requirements must be met.

• Provide a completed Planning Permit Acknowledgement Form. 
• Provide a site/event layout plan.
• Provide any supplemental materials applicable to your event, as noted below under Requirements.
• Homeowners/Commercial Owners Association approval is required if the property is overseen by an HOA/COA and the scope of work is in the common area. Provide a letter of authorization, signed by the authorized HOA/COA representative, Board meeting minutes, or other document of approval produced by the HOA/COA.

Example events that require a Temporary Use Permit

• Craft and food fairs
• Ice skating rink
• Christmas tree or pumpkin patch sales lot
• Oktoberfest
• Labor Day Sale in parking lot
• Church or business BBQ in parking lot or fields
• Construction staging

Permit Required

A Temporary Use Permit from the Planning Division is required. Depending on the type of temporary structures proposed, a building permit may be required. 

Cost

Permit cost: $970, which includes a planning fee of $544 and a Fire Marshal inspection fee of $426. For nonprofit housing or meal programs, the permit fee is $73.

If a building permit is required, the fee is based on the scope of work.

Timeline

Typical Time to Receive Permit:  30 days

Process

1. Submit your application to the Planning Division online a minimum of 6 to 8 weeks prior to the event.
2. After your submission, City staff will contact you with instructions on making a fee payment.
3. City staff will review your application and identify if any additional information or corrections are necessary in 3 weeks. In order to authorize the permit, Staff is looking to ensure:
   • • The establishment, maintenance, or operation of the use will not be detrimental to the health, safety, or general welfare of persons residing or working near the proposed use or activity.
     • The use or activity will not be significantly detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the community.
     • The use or activity is consistent with the zoning district and General Plan, however variations from specific requirements may be determined appropriate considering the short-term duration.
4. You will need to reply to any staff corrections or requests for additional information and resubmit online. City staff may take up to 2 weeks to review resubmitted materials. 
5. Once all City departments have reviewed and approved the TUP application, you will be given an approved copy of the TUP. 
6. Once the TUP is issued, you will need to schedule any required inspections at least 48 hours prior to the desired inspection day/time and prior to the start of the event.

• For Building Inspections, call 650-903-6313.
• For Fire Marshal Inspections, call 650-903-6378.
• For Police Inspections, call 650-903-6344.
• For Planning Inspections, call 650-903-6306.

You must retain a hardcopy of the approved TUP onsite during the event should any City staff request to see it.

Requirements

Provide the following to ensure your application is complete on your first submission:

Overall Site Plan

The Overall Site Plan must include:

• Event Location: Show the location of where the proposed event/use is to occur on-site.
• Parking: Show all parking spaces to be affected by the event (including number of spaces). Accessible parking spaces and Fire Department vehicle access (including fire lanes) may not be obstructed by any temporary use, unless approved by the Building Division. If obstruction of accessible parking is proposed, show how the space(s) will be relocated to comply with Chapter 11B of the California Building Code.
• Street Closures: Show any streets that are proposed to be partially or fully closed to the public for the event, if applicable. If proposed, separate permits may be required for road closures with the Public Works Department and/or Police Department.

Event Layout Plan

Event Layout Plan must be dimensioned on 8.5” x 11” sheet(s) to include:

• Tents, Canopies, etc.: Show the dimensioned size and location of any proposed tent(s), canopies, temporary membrane structures, trailers, etc. Include the separation distances between the tent or canopy and any adjacent structures, property lines, parked vehicles, internal combustion engines, or other tents and canopies.

Supplemental Materials

Submit Supplemental Materials (if applicable):

• Fire-retardant tent certificate: Submit fire-retardant certificates for the tent sidewalls, curtains, and tops. Submit copies of fire-retardant treatment certificates for any decorations (including stage drops) and floor coverings (i.e., carpet, such as indoor/outdoor carpeting). The use of treated and untreated “turf”-type carpeting is prohibited.
• Liability insurance: Submit liability insurance information.
• Exiting: Show exit plan for indoor/outdoor enclosed or tented areas. Provide “as a reference” the approved construction plans showing the number and location of exits, exit widths, exit signs, aisle locations and widths, exit door(s), and maximum occupancy in compliance with Chapter 10, Means of Egress, of the California Building Code. If the applicant is unable to obtain the approved construction plans, a new exit plan may be provided. Contact the Building Division for specific requirements.
• Seating: Show seating plan/table arrangement for the event/use. Indicate the number of tables and chairs proposed and show how seating and tables will be arranged. Exit doors or exit openings must not be obstructed by tables, chairs, or displays. Demonstrate compliance with Chapter 11B of the California Building Code. In spaces used for assembly purposes with more than 200 seats, seats shall be fastened together in groups of not less than three (3).
• Restrooms: Show accessible restrooms. If temporary restrooms are proposed, specify the total number of proposed stalls/units, including the number of accessible stalls/units. Restrooms must comply with Chapter 11B of the California Building Code.
• Permanent Fire Protection Equipment: Show the location(s) of on-site fire protection equipment (i.e., hydrants, sprinkler connections, etc.).
• Heaters/Fire Extinguishers: Show the location(s) of all portable fire extinguishers and portable heater devices/appliances.
• Safety Precautions: Show the location(s) of all safety features proposed for the event, such as cones, barricades, etc.
• Smoking Signs: Show the location(s) of “NO SMOKING” signs.
• Generators: Show the location(s) of any diesel generators and required fire extinguishers. Include grounding details for all generators.
• Stage: Show the location and orientation of the stage if live and/or amplified music will occur. Include the type of power source for the amplification (i.e., generator, PG&E, etc.), and the path of travel required for the stage per Chapter 11B of the California Building Code.
• Cooking: Show the location and type of cooking equipment that will be used at the event. Include the location(s) of any propane tanks that will be used for cooking.
• Fire Access/Liaison: Show the location of staging areas for emergency responders. List the contact person that will be responsible for coordinating with on-site emergency personnel.

Additional Permits

Depending on your event, you may need additional permits for:

• Street closures, live performances, crowd control, traffic direction, medical tents. Contact the Police Department: 650-903-6344
• Amplified music. Contact the Community Services Department: 650-903-6446
• Serving Alcohol. Contact Alcohol Beverage Control.
• Food prepared onsite. Contact the Santa Clara County Health Department.
• Temporary stage. Contact the Building Division: 650-903-6313.