This chapter provides a process for reviewing proposed temporary uses conducted on privately owned property outside of a private structure (e.g., carnivals, car washes, outside displays/sales, etc.) to ensure that:
A. 
Basic public convenience, health, interest, safety, or community welfare standards are maintained and protected from adverse impacts;
B. 
The integrity of the applicable zone is preserved;
C. 
The compatibility between the temporary land use and the surrounding neighborhood is maintained; and
D. 
Suitable temporary uses are approved with the minimum necessary conditions or limitations consistent with the temporary nature of the use.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)
A. 
Minor Short-Term Activities. A Temporary Use Permit allows short-term activities that might not meet the development or use standards of the applicable zone but may otherwise be acceptable because of their temporary nature.
B. 
Categories of Uses. The following three categories of temporary uses identify the level of permit required based on the proposed duration, size, and type of use:
1. 
Exempt temporary uses are identified in Section 17.46.030 (Exempt Temporary Uses);
2. 
Uses requiring Temporary Use Permits for one-day events are identified in Section 17.46.040 (Allowed Temporary Uses). One-day events are defined to be "special events." The City may establish a distinct application fee for Temporary Use Permits issued for special events.
3. 
Uses requiring Temporary Use Permits for multi-day events are identified in Section 17.46.040 (Allowed Temporary Uses).
C. 
Temporary Use Permit Required. Allowed temporary land uses shall not be established, operated, or conducted in any manner without the approval and maintenance of a valid Temporary Use Permit.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)
The following temporary uses are exempt from the requirement for a Temporary Use Permit.
A. 
Construction Yards—On-Site. On-site contractors' construction yard(s) in conjunction with an approved construction project on the same site, subject to the following operational provisions.
1. 
Security personnel may be present at any time.
2. 
The construction yard shall be removed immediately upon completion of the construction project or the expiration of the companion building permit authorizing the construction project.
3. 
An event conducted entirely inside of a building if no special parking arrangements are required and all activities will adhere to all noise standards in Chapter 17.20 (Noise) and other performance standards specified in Chapter 17.24 (Performance Standards).
B. 
Emergency Facilities. Emergency public health and safety needs/land use activities.
C. 
Estate Sales. Estate, garage, or yard sale events on a single residential property or group of residential properties shall be limited to no more than three events within a 12-month period and for no more than three consecutive days for each event.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019; Ord. 21-02 § 21, 2021)
The following temporary uses may be allowed, subject to the issuance of a Temporary Use Permit by the Director and subject to the following operational standards and any additional standards that may be stated in the applicable Temporary Use Permit. Other temporary uses which, in the opinion of the Director, are similar in nature to those described here, may be permitted.
A. 
Car Washes.
1. 
Any one permitted car wash activity shall be limited to six totals days within any one 12-month period.
2. 
Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.
3. 
All permitted car washes shall comply with water quality and runoff control requirements specified by the Development Services Department.
B. 
Construction Yards—Off-Site.
1. 
Off-site contractor construction yards shall only be permitted in conjunction with an approved construction project.
2. 
Security personnel may be present at any time.
3. 
The permit shall expire and the construction yard shall be removed immediately upon completion of the construction project or the expiration of the companion building permit authorizing the construction project.
C. 
Filming Activities.
1. 
The temporary use of a specified site or group of sites for outdoor activities of filmmaking on private property shall require review by the Fire Department and shall be subject to the issuance of any other required City, County, or State permits or authorizations (such as health permits for food service).
2. 
In lieu of the Temporary Use Permit application, the applicant shall complete the Special Filming application form provided by the Development Services Department and shall adhere to the specific requirements set forth in that application and any additional conditions imposed.
D. 
Outdoor Events. Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, farmer's markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, swap meets, rummage sales, second-hand sales, and the like shall be limited in duration to six consecutive days or fewer, or three two-day weekends, within a 12-month period.
E. 
Outdoor Meetings. Outdoor meetings within parking areas shall be limited to seven consecutive days or fewer within a 12-month period. The applicant shall be required to demonstrate that adequate parking will be available for both the outdoor meeting event and the use which the parking area serves.
F. 
Parking Lot Sales.
1. 
The temporary outdoor display/sales of merchandise in private parking lots shall be allowed only if the merchandise is regularly sold on the premises.
2. 
The duration of such sales shall be limited to either one 18-day event or two nine-day events within a 12-month period.
3. 
The applicant shall be required to demonstrate that adequate parking will be available for both the outdoor sales event and the use which the parking area serves.
G. 
Seasonal Sales Lots.
1. 
Seasonal holiday sales activities (e.g., Halloween, Thanksgiving, Christmas, etc.) may include the use of a temporary residence/security trailer.
2. 
All such events shall be conducted only on nonresidential properties.
3. 
The duration of the event shall be limited to 45 days or fewer within a 12-month period.
H. 
Temporary Model Homes.
1. 
Temporary model homes and related facilities (e.g., parking lots) may be established within the area of an approved residential subdivision project, solely for the first sale of homes.
2. 
The application may be approved for a maximum time period of 12 months; extensions of time of up to 12 additional months may be granted as long as homes are still being constructed.
I. 
Temporary Structures. In the commercial and industrial districts, a temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved for a maximum 12-month period as an accessory use or as the first phase of a development project.
J. 
Temporary On-Site Work Trailers.
1. 
A trailer, modular structure, or mobile home may be used as a temporary work site for employees of a business:
a. 
During construction or remodeling of a permanent commercial or manufacturing structure, when a valid building permit is in force; or
b. 
Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.
2. 
A permit for temporary work trailer(s) may be granted for up to 12 months. The permit may be extended up to a second 12-month period upon demonstration by the applicant that additional time is required due to construction delays.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019; Ord. 21-02 § 21, 2021)
A. 
Application Filing. An application for a Temporary Use Permit shall be filed in the following manner:
1. 
For events proposed within nonresidential zones, including mixed-use zones: At least 15 days before the date that the proposed use is scheduled to take place.
2. 
For events proposed within residential zones: At least 30 days before the date that the proposed use is scheduled to take place.
B. 
Review. The Development Services Director shall review the application for compliance with the provisions of this chapter for the specific proposed temporary use. The Director may impose conditions (e.g., buffers, hours of operation, lighting, parking, property maintenance, signs, traffic circulation, removal upon cessation, etc.) deemed reasonable and necessary to:
1. 
Ensure compliance with the general purpose of this chapter;
2. 
Ensure that the approval would be in compliance with the findings required by Section 17.46.060 (Findings and Decision; Acknowledgement by Applicant); and
3. 
Protect the best interests of the surrounding property or neighborhood.
C. 
Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.46.060 (Findings and Decision—Acknowledgement by Applicant).
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)
A. 
Findings. A Temporary Use Permit may be approved, modified, conditioned, or denied by the Director. The Director, or the Commission on appeal, may approve, modify, or conditionally approve a Temporary Use Permit application only for a time period no greater than the duration identified in Section 17.46.040 (Allowed Temporary Uses), above, and only if the following findings of fact can be made in a positive manner:
1. 
The temporary use would be located, operated, and maintained in compliance with the applicable provisions of the Municipal Code and this Zoning Code;
2. 
The location, operation, or maintenance of the temporary use would not be detrimental to the public convenience, health, interest, safety, or welfare of persons residing or working in the surrounding neighborhood or business district;
3. 
Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Code;
4. 
The temporary use would be compatible with adjoining properties and the surrounding neighborhood and would not alter the integrity of the zone in which it is to be located;
5. 
The applicant has provided evidence that the applicant's liability insurance names or will name the City as additional insured; and
6. 
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).
B. 
Acknowledgment.
1. 
The applicant shall sign an approved Temporary Use Permit acknowledging receipt, full understanding, and agreement with the conditions.
2. 
By signing the written acknowledgment, the applicant acknowledges acceptance of the benefits of the Temporary Use Permit and agrees to waive a right to later challenge a condition(s) imposed as unfair, unnecessary, or unreasonable.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)
A. 
Each site occupied by a temporary use shall be cleaned of debris, litter, temporary structures, or other evidence of the temporary use within three days after the termination of the use, expiration of the Temporary Use Permit, and/or revocation of the Temporary Use Permit, whichever comes first, and shall thereafter be used in compliance with the provisions of this Zoning Code.
B. 
A bond or other security approved by the Director may be required before initiation of the use to ensure cleanup and restoration after the use is finished.
C. 
The Director or designee shall have the responsibility to verify that the cleanup and restoration has been completed in a satisfactory manner.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)