A temporary use permit provides the mechanism through which the city can authorize, subject to specific standards, the temporary establishment of a use within a specific zoning district. For the purposes of CEQA compliance, temporary use permits are not normally discretionary permits but rather are permits subject to established city standards for unique site and use applications and therefore considered ministerial and not subject to CEQA review.
(Ord. 2011-02 §1; Ord. 2013-03 §1)
A. 
The following regulations shall be applied to the planning director's review and approval temporary uses. Uses subject to temporary approval by the planning director shall be permitted only in those zone districts where such uses are, or are similar to, uses specifically enumerated as a use subject to review and approval.
B. 
Unless Required Under Government Code Section 65905. No public hearing need be held on the issuance of a temporary permit; provided, however, that the planning director may require that the planning commission conduct a public hearing because of general public and/or neighborhood interest or concern over the use or activity that is proposed.
C. 
Temporary uses may be established subject to review and approval by the planning director, as set forth in this title, provided the planning director finds that the public necessity, convenience and welfare justify the approval and that the establishment, maintenance and operation of the proposed temporary use will not be detrimental to or endanger the public health, safety or general welfare.
(Ord. 2011-02 §1; Ord. 2013-03 §1)
A temporary use permit will be required for any of the uses enumerated in this chapter. The planning director may, from time to time, specify the form of the administrative use application and permit.
(Ord. 2011-02 §1; Ord. 2013-03 §1)
The following uses are eligible for a temporary use permit provided they meet the following criteria:
A. 
Carnivals, circuses, fairs, festivals, animal displays, amusement rides, flea markets, certified farmers markets, special events promoting local agricultural products, promotions, and similar public assemblies on private property, and other similar gatherings, may be permitted only in a nonresidential zoning district for a maximum five-consecutive-day period of time upon the approval of a temporary use permit application by the planning director.
B. 
Special temporary seasonal sales such as Christmas trees, fireworks, pumpkin retail sales or similar sales are limited to the period of time around the holiday as approved by the planning director. Operators must comply with all applicable city rules and regulations (see Chapter 8.30 for additional requirements for firework sales). Such sales lots shall be permitted only within commercial and industrial zoning districts and shall comply with the following requirements:
1. 
Such lots shall be restricted only to the sale of goods or merchandise associated with the seasonal event.
2. 
Such lots shall not be permitted to occupy any part of an off-street parking lot required to serve the permanent uses on the site unless it can be demonstrated that use of the required parking area will not materially diminish the functionality of the parking area and the temporary loss of such parking will not create congestion or use of public streets and rights-of-way to supplement required off-street parking to the satisfaction of the planning director.
3. 
Such lots shall be permitted to display signs only in accordance with the provisions of the city's sign ordinance.
C. 
Grand openings, and special events, such as parking lot sales, clearance sales or other special temporary uses, which in the opinion of the planning director are similar to the uses listed in this chapter and consistent with the use standards of the district within which the temporary use is proposed, shall comply with the following:
1. 
Such outdoor displays or sales or goods, merchandise or services shall be held no more than three times annually.
2. 
Each display or sale shall be limited to a maximum of five consecutive days.
3. 
All such sales shall be conducted by a business located on and conducting business within a building on the property upon which the temporary use is proposed.
D. 
Sale of produce on the parcel of land on which such produce is grown provided that the principal use of said parcel is agricultural.
E. 
Neighborhood or block parties, fairs or festivals organized, conducted and administered by neighborhood residents of the neighborhood within which the party, fair or festival is conducted.
F. 
Temporary land uses, sales offices and buildings shall meet the following criteria:
1. 
A temporary sales office, and/or construction offices, open to the general public, may be permitted by the planning director within a new residential subdivision for a maximum period of two years. An extension may be granted subject to planning commission review and approval.
2. 
Temporary commercial, industrial and administrative buildings may be permitted for a maximum two-year period of time, but only after approval of a conditional use permit application by the city planning commission. An extension may be granted subject to planning commission review and approval.
3. 
All temporary land uses, sales offices, construction offices and buildings shall be connected to water and sewer services as required by the building official, director of public works, fire chief and Stanislaus County health department.
G. 
Each temporary use shall:
1. 
Be described on the application and the permit therefor issued prior to the commencement of the activity. This permit shall be in addition to all other licenses, permits or approvals otherwise required by this title.
2. 
Provide off-street parking spaces in a number equivalent to the number of parking spaces required applicable city codes and standards.
3. 
All unimproved parking areas and main walk areas shall be kept damp or shall be covered with a material to prevent the raising of dust.
4. 
No display shall encroach on a public right-of-way.
5. 
All signs and structures shall conform to applicable city codes.
6. 
Sanitary facilities, either portable or permanent shall be made available to all employees, attendants and participants of the activity during the operational hours of the event.
7. 
All sites shall be completely cleaned of debris and temporary structures, including but not limited to: trash receptacle, signs, stands, poles, electric wiring or any other fixtures and appurtenances or equipment connected therewith within five days after the termination of the event.
8. 
A bond or cash deposit in the amount set forth in the city code shall be deposited with the city for activities that occur on vacant or undeveloped lots to assure adequate clean-up. Additional bonding for other issues of liability may be required by the city.
H. 
Prior Determinations for Temporary Use Permit Approval. The planning director shall only approve an application for a temporary use permit, if all of the following findings can be made:
1. 
The proposed temporary use will be compatible with adjacent uses and will not adversely affect the surrounding neighborhood by means of odor, noise, dust, or other nuisance.
2. 
The additional parking required by the temporary use will be provided pursuant to Chapter 17.54, Off-Street Parking Regulations.
3. 
Increased traffic caused by the temporary use will not adversely affect the surrounding neighborhood or city at large.
4. 
The proposed temporary use is consistent with all general plan, city, and municipal code regulations, including securing the required city of Waterford business license per Title 3 of this code, and for firework sales compliance with Chapter 8.30 of this code.
I. 
Conditions of Approval. The planning director may impose such conditions on a temporary use permit as is necessary to meet the purposes of this chapter and protect the public health, safety and welfare and adjacent uses. Conditions which may be imposed include, but are not limited to:
1. 
Setbacks and open space requirements;
2. 
Parking and circulation;
3. 
Fences, walls or other screening;
4. 
Signs;
5. 
Vehicular and pedestrian ingress and egress;
6. 
Property maintenance during the course of the activity;
7. 
Control of illumination, noise, odor, vibration or other nuisances;
8. 
Hours of operations.
J. 
Notice and Posting. A notice of proposed use shall be posted on the site where a temporary use permit is to be considered by the planning director at least ten days prior to the planning director's decision, and a notice shall be similarly published in a newspaper of general circulation ten days prior to the decision to approve.
K. 
Referral to the Planning Commission. The planning director may refer any temporary use permit application to the planning commission for review and approval.
L. 
Appeal of Temporary Use Permit Decision. Any person who is dissatisfied with the decision of the planning director may appeal that decision to the planning commission in accordance with the procedures in this title.
(Ord. 2011-02 §1; Ord. 2013-03 §1)