The purpose of this Chapter is to control and regulate temporary land use activities which may adversely affect public health, safety, and welfare. The intent is to ensure that temporary uses be compatible with surrounding land uses, protect the rights of adjacent residences and land owners, and minimize any adverse effects on surrounding properties and the environment. If the temporary use encroaches into the City rightof-way, a separate City encroachment permit will be required.
(Prior code § 19-16.10; Ord. 1386 § 6, 4/13/20)
Temporary Use Permit applications are considered for properties located within the T-C (Town Center), C-G (General Commercial) Zone, M-1 (Light Industrial) Zone, O-S (Open Space) Zone, and P (Public Uses) Zone. Temporary Use Permits cannot be granted to any other property located outside of the zoning designations except for nonprofit organizations such as religious institutions, fraternal organizations, and schools located within a residential district.
(Prior code § 19-16.10(a); Ord. 1217 § 20, 9/26/11; Ord. 1319 § 27, 10/10/16; Ord. 1386 § 7, 4/13/20)
An application for a Temporary Use Permit is required for the following activities and is subject to the conditions established herein and any other additional conditions as prescribed by the Director. Temporary signs are subject to the provisions contained in Chapter 17.68.
A. 
Parking Lot and Sidewalk Sales. Outdoor display and sales of merchandise in association with a parking lot or sidewalk sale are allowed for two events per calendar year, not exceeding four consecutive calendar days. Only merchandise customarily sold on the premises by a permanently established business can be displayed. In relation to sidewalk sales, a six-foot wide sidewalk clear span corridor is required to accommodate pedestrian circulation.
B. 
Civic Events (e.g., chili cook-offs, Founders Day celebrations, Octoberfest) are limited to not more than three consecutive calendar days.
C. 
Outdoor Art and Crafts Shows. Outdoor art and craft shows and exhibits, located on private parcels, are limited to not more than 15 calendar days of operation or exhibition in any 90-calendar-day period beginning from the issuance date of the Temporary Use Permit.
D. 
Christmas Tree or Pumpkin Sales Lots and Fireworks Stands. Christmas tree or pumpkin sales lots and fireworks stands are limited to 30 calendar days of operation per calendar year.
E. 
Circuses, Carnivals, Rodeos, Pony Rides, or Similar Traveling Amusements. Circuses, carnivals, rodeos, pony rides, or similar traveling amusement enterprises are subject to the following standards:
1. 
All such uses are limited to not more than 15 calendar days, or more than three weekends of operation in any 180-day period beginning from the issuance date of the Temporary Use Permit. To exceed this time limitation, Planning Commission approval is required.
2. 
All such activities must have a minimum separation of 100 feet from any residential district. This requirement may be waived by the Director if in his/her opinion no adverse impacts would result.
3. 
Special designated parking accommodations for amusement enterprise workers and support vehicles must be provided in a location to be approved by the Director.
4. 
Noise attenuation for generators and carnival rides must be provided to the satisfaction of the Director.
F. 
Contractors' Construction Yards. On-site contractors' construction yards in conjunction with an approved building permit.
G. 
Grand Openings and Under New Management. Grand openings and under new management are limited to a period not to exceed 30 calendar days from issuance of a Temporary Use Permit.
H. 
Going Out of Business. Going out of business temporary uses are limited to a period not to exceed 30 calendar days. A one-time 30-day extension to the original Temporary Use Permit may be granted by the Director.
I. 
Community Activities and Ceremonies. Temporary uses associated with community activities or ceremonies are limited to four events per year, not to exceed four calendar days per permit.
J. 
Vehicle Storage. Storage of new vehicles is subject to the following standards:
1. 
Storage must consist of new vehicles only.
2. 
Storage must be operated in conjunction with a permitted automobile dealership performing sales in the City.
3. 
Storage is limited to not more than 180 calendar days. A one-time extension of not more than 180 additional days to the original Temporary Use Permit may be granted by the Director for good cause shown. A time extension exceeding 180 days must be approved by the Planning Commission. A time extension must be filed at least 15 days before the expiration of the Temporary Use Permit.
4. 
Storage of vehicles must be screened from public view with a wall or fence at least six feet in height. The screening materials are subject to review and approval by the Director.
5. 
A designated area for the loading and unloading of vehicles must be provided on site. The location of the designated loading and unloading area is subject to review and approval by the Director.
6. 
Temporary storage of vehicles is exempt from the outside storage and off-street parking provisions pursuant to Chapter 17.88.
K. 
Similar Temporary Uses. Similar temporary uses which, in the opinion of the Director, are compatible with surrounding land uses.
(Prior code § 19-16.10(b); Ord. 1386 § 8, 4/13/20; Ord. 1404 § 6, 12/14/20)
A. 
An application for a Temporary Use Permit must be filed with the Director, or designee, at least 15 days before the temporary use is proposed to commence in a manner determined by the Director. All necessary filing fees must be submitted with the application. Except as otherwise provided by applicable law, all fees applicable to this chapter, excluding business license taxes and fees, will be established by City Council resolution. Such charges will be determined by the department and be based on the actual cost incurred by the City in providing services. Such service charges will include, without limitation, charges for labor, supervision, overhead, administration and the use of any and all City equipment, and supplies.
B. 
Findings. Before approving a Temporary Use Permit the Director must make the following findings:
1. 
That the proposed use is in accord with the goals, objectives and policies of the General Plan, and the purpose and intent of the land use and surrounding land uses in which the site is located;
2. 
That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety and welfare, or materially injurious to properties or improvements in the vicinity;
3. 
That the proposed use complies with each of the applicable provisions of the Municipal Code;
4. 
That the proposed use would not impair the integrity and character of the land use in which it is located;
5. 
That the type and intensity of the use is physically suitable for the subject site;
6. 
That the proposed use is compatible with existing and future land uses within the general area in which the proposed temporary use is to be located;
7. 
That the proposed use is compatible with the scale, mass, coverage and intensity with all adjacent land uses;
8. 
That there are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety;
9. 
That there will be adequate provisions for public access to serve the subject site;
10. 
That there will not be a harmful effect upon desirable neighborhood characteristics;
11. 
That there will not be significant harmful effects upon the environmental quality;
12. 
That any negative impacts of the proposed use are mitigated;
13. 
That the proposed location, size, design and operating characteristics of the proposed use would not be detrimental to the public interests, health, safety, convenience or welfare of the City.
(Prior code § 19-16.10(c) and (d); Ord. 1319 § 28, 10/10/16; Ord. 1336 § 19, 5/8/17; Ord. 1386 § 9, 4/13/20)
In approving an application for a Temporary Use Permit, the Director must impose conditions deemed necessary to ensure that the permit will be in accordance with the findings. These conditions may involve any pertinent factors affecting the operation of such temporary event or use, and may include, but not be limited to, the following:
A. 
Regulation of operating hours and days, including limitation of the duration of the temporary use;
B. 
Provisions for traffic circulation, parking, and pedestrian safety must be provided to the satisfaction of the Director;
C. 
Regulation of size, location and appearance of proposed signs;
D. 
Regulation of nuisance factors such as, but not limited to: noise, light, smoke, prevention of glare or direct illumination on adjacent properties, vibration, dust, dirt, odors, gases, liquid and solid waste, heat and cold, and trash;
E. 
Provision requiring adequate restroom facilities;
F. 
Regulation of temporary structures and facilities, including placement, height, size, location of equipment and open spaces, including buffer areas and parking lots;
G. 
Provision for sanitary and medical facilities;
H. 
Provision for solid, hazardous, and toxic waste collection and disposal;
I. 
Security personnel must be provided by the applicant, to the satisfaction of the Director;
J. 
Provision requiring that lighting be directed away from adjacent residential districts;
K. 
Submission of a performance bond or other surety device to ensure that any temporary facilities or structures used will be removed from the site within a time period set by the Director, and that the property will be restored to its former condition;
L. 
Submission of a dimensioned site plan indicating the size, location, and height of existing and proposed structures; amusement devices; parking stalls; ingress and egress points; buffers; circulation aisles; streets; property lines; and any other information required by this Section;
M. 
The applicant must provide the City with the names and addresses of all adjacent property owners;
N. 
Not more than 10% of the parking area may be used in conjunction with the Temporary Use Permit, unless it can be demonstrated that sufficient parking is provided for the uses on the property during peak demand hours, as determined by the Director in accordance with this Section. To exceed 10% of the parking area, the applicant must prepare and submit a Parking Assessment Report containing the following components:
1. 
An assessment of the existing use and proposed temporary use highest parking demand time periods;
2. 
An analysis of available parking on site during high parking demand time periods.
O. 
A requirement that approval of the Temporary Use Permit is contingent upon compliance with applicable provisions of this Code including, but not limited to, the approval of an encroachment permit by the Public Works Director;
P. 
Any other condition which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the provisions of this Section.
(Prior code § 19-16.10(e); Ord. 1386 § 10, 4/13/20)
A Temporary Use Permit may be revoked or modified by the Director if any of the following findings can be made:
A. 
That circumstances have changed so that one or more of the findings of facts contained in Section 17.76.040 can not be made;
B. 
That the Temporary Use Permit was obtained by misrepresentation or fraud;
C. 
That one or more of the conditions of the Temporary Use Permit have not been met;
D. 
That the use is in violation of any statute, ordinance, law or regulation of the City of Bellflower.
(Prior code § 19-16.10(f); Ord. 1386 § 11, 4/13/20)
Notwithstanding any provision of this Code to the contrary, in case of an emergency which renders the principal residence uninhabitable, the Director may approve the temporary use of a recreational vehicle by the residents as temporary living quarters. This permit can be granted up to three months, and extendable another three months up to a total of six months. In no other case may a recreational vehicle be used as temporary or accessory living quarters.
(Prior code § 19-16.1(a); Ord. 1386 § 12, 4/13/20)