The director shall approve, approve with conditions, or disapprove temporary use permit applications, and impose conditions necessary to ensure compatibility with surrounding uses, to preserve the public convenience, health, interest, safety or welfare, and necessary to make the findings required by Section
21.48.080 (Findings and decision) of this chapter.
(Ord. 1308 § 5, 2000)
The following minor and limited duration temporary uses are exempt from the requirement for a temporary use permit. Uses that do not fall within the categories defined below shall comply with Section
21.48.050 (Allowed temporary uses) of this chapter.
(1) Construction Yards—On-Site.
(A) On-site contractors' construction yard(s), in conjunction with an
approved construction project on the same site;
(B) One adult caretaker may be present during nonconstruction hours;
(C) 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.
(2) Emergency Facilities. Emergency public health and safety needs/land
use activities.
(3) Estate, Garage or Yard Sale Events. Estate, garage or yard sale events
with no more than four events within a twelve-month period, and for
no longer than three consecutive days for each event.
(4) Employee Events. Businesses that host an outdoor group activity that
is not open to the public, e.g., annual/semi-annual outdoor lunches
or meetings, for staff members already located on site and on-site
parking is provided for all attendees.
(Ord. 1308 § 5, 2000; Ord. 1544 § 4, 2019)
The following temporary uses may be allowed, subject to the
issuance of a temporary use permit by the director. Uses that do not
fall within the categories defined below shall comply with the use
and development regulations and entitlement review provisions that
otherwise apply to the property.
(1) Car Washes.
(A) Car washes, not more than twelve days each twelve-month period for
each location;
(B) 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.
(2) Construction Yards—Off-Site.
(A) Off-site contractors' construction yards, in conjunction with an
approved construction project;
(B) One adult caretaker may be present during nonconstruction hours;
(C) 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.
(3) Events.
(A) Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses,
concerts, fairs, farmer's markets, festivals, flea markets, food events,
outdoor entertainment/sporting events, rodeos, rummage sales, second
hand sales and swap meets for eighteen consecutive days or less, or
six two-day weekends, within a twelve-month period;
(B) Outdoor meetings and group activities within the parking areas for
seven consecutive days or less, within a twelve-month period;
(C) Church sales, bazaars, dinners, parties or other outdoor events on
church owned property other than the uses identified in paragraphs
(1)(A) and (B) of this section shall not be limited to the number
of occasions or the duration of each.
(4) On-Location Filming Activities.
(A) The temporary use of a specified and director and fire chief-approved
on-location site for the filming of commercials, movie(s), videos,
etc.
(B) The director shall make an additional finding: The approval would
not result in a frequency of uses likely to create incompatibility
between the temporary filming activity and the surrounding neighborhood.
(5) Outdoor Displays/Sales. The temporary outdoor display/sales of merchandise
(e.g., sidewalk sales) shall be allowed only if the merchandise regularly
sold on the premises and located immediately adjacent to the structure
for a period of eighteen consecutive days or less, within a twelve-month
period.
(6) Outdoor Sales of Flowers and Produce.
(A) The temporary outdoor sales of items (e.g., flowers, fruits, vegetables,
etc.) which shall be allowed only if the property is engaged in agricultural
production for the duration of the temporary use;
(B) The sales stand shall be temporary and located a minimum of seventy-five
feet from any existing structure used for residential purposes, if
not owned by the applicant for the temporary use permit;
(C) The maximum duration shall not exceed ninety consecutive days, within
a twelve-month period, if located on a parcel(s) not engaged in agricultural
production.
(7) Seasonal Sales Lots. Seasonal sales activities (e.g., Halloween,
Thanksgiving, Christmas, etc.) including temporary residence/security
trailers, on non-residential properties, for forty-five days or less,
within a twelve-month period.
(8) Temporary Model Homes. 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.
The application may be approved for a maximum time period of twelve
months.
(9) Temporary Structures. A temporary classroom, office or similar portable
structure, including a manufactured or mobile unit, may be approved,
for a maximum time period of twelve months, as an accessory use or
as the first phase of a development project, in the commercial and
industrial zoning districts.
(10) Temporary Work Trailers.
(A) A trailer or mobile home may be used as a temporary work site for
employees of a business:
(i)
During construction or remodeling of a permanent commercial
or manufacturing structure, when a valid Building Permit is in force;
or
(ii)
Upon demonstration by the applicant that the temporary work
site is a short-term necessity, while a permanent work site is being
obtained.
(B) A permit for temporary work trailer(s) may be granted for up to twelve
months.
(11) Similar Temporary Uses. Similar temporary uses which, in the opinion
of the director, are compatible with the zoning district and surrounding
land uses and necessary due to unusual or unique circumstances beyond
the control of the applicant.
(12) Minor Temporary Uses. Minor temporary uses for non-profit entities
that draw less than two hundred people during a four-hour period,
do not provide any amplified music, and can accommodate on-site parking
for all attendees.
(Ord. 1308 § 5, 2000; Ord. 1544 § 5, 2019)
A temporary use permit may be approved, modified, conditioned or disapproved by the director. The director may defer action and refer the application to the commission. The director, or the commission on appeal or referral, may approve, modify, or conditionally approve a temporary use permit application, only for the duration(s) identified in Section
21.48.050 (Allowed temporary uses) of this chapter, 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 actions, goals, objectives and policies of the general plan
and any applicable specific plan, and the applicable provisions of
the this code and this title;
(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;
(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 title;
(4) The temporary use would be compatible with adjoining properties and
the surrounding neighborhood, and would not alter the integrity of
the applicable zoning district in which it is to be located; and
(5) The proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA) and the city's
environmental review procedures.
(Ord. 1308 § 5, 2000)
In approving a temporary use permit, the director may impose
conditions (e.g., buffers, eliminating the saturation of an area with
like uses, hours of operation, landscaping and maintenance, lighting,
off-site improvements, parking, property maintenance, signs, surfacing,
time limits, traffic circulation, etc.) deemed reasonable and necessary
to:
(1) Compliance with Chapter. Ensure compliance with the general purpose
of this chapter, the actions, goals, objectives and policies of the
general plan and any applicable specific plan;
(2) Compliance with Findings. Ensure that the approval would be in compliance with the findings required by Section
21.48.080 (Findings and decision) of this chapter;
(3) Protect Interests. Protect the best interests of the surrounding
property or neighborhood; and
(4) Acknowledgment.
(A) Ensure that the applicant acknowledges receipt, full understanding,
and agreement with all of the conditions before issuance of the temporary
use permit,
(B) By signing the written acknowledgment, the applicant acknowledges
acceptance of the benefits of the temporary use permit and agrees
to waive any right to later challenge any condition(s) imposed as
unfair, unnecessary, or unreasonable.
(Ord. 1308 § 5, 2000)
It is unlawful for any owner, operator, tenant or other person
in control of property within the city for which the requirements
set forth in this chapter apply, to operate or maintain any activities
for which a temporary use permit is required without a temporary use
permit or to fail to comply with each condition of said temporary
use permit or to otherwise fail to comply with the provisions of this
chapter.
(Ord. 1358 § 15, 2004)