The purpose of this chapter is to establish development standards
for temporary activities and land uses to ensure the overall health,
safety, and general welfare of the community is maintained.
(Ord. No. 1000 § 4, 2022)
Uses of property (including land, buildings, and structures) and activities that are temporary in nature shall comply with the permit requirements described below. The process for application for and review and issuance of a temporary use permit shall be as described in section
17.16.070 (Temporary Use Permit).
A. Temporary
use permit required. The following temporary activities and uses may
be allowed, subject to the issuance of a temporary use permit prior
to the commencement of the activity or use and subject to the requirements
within this chapter.
1. Festivals and other special events. This use class consists of the
temporary operation of a commercial event for entertainment, including:
a. Carnivals, circuses, rodeos, fairs, and festivals.
c. Concerts and live outdoor entertainment.
d. Certified farmers' markets, as defined in chapter
17.140 (Universal Definitions).
e. Swap meets, flea markets, art, cultural, and educational exhibits
and displays.
f. Parades, assemblies, fundraisers, and parties.
g. Outdoor sporting events, marathons, mobile, and non-stationary activities.
h. Other similar events designed to attract large crowds, and which
are held on private or public property.
2. Seasonal sales. This use class consists of seasonal operation of
a sales activity (e.g., Halloween, Christmas) on nonresidential properties,
including:
a. Seasonal sale of agricultural products raised on premises.
b. Christmas tree, pumpkin, and other holiday-themed product sales lots.
c. Other similar seasonal sales activities designed to attract large
crowds, and which are held on private or public property.
3. Uses related to a business. This use class consists of any event,
promotion, or sale sponsored by a business or organization that is
held outside the confines of the building on private or public property,
including:
a. Parking lot, sidewalk, or other outdoor promotional sale of merchandise.
b. Temporary or mobile food vehicle (e.g., food trucks, grocery trucks).
c. Temporary entertainment events.
4. Temporary uses concurrent with a construction project or change of
use on site. This use class consists of uses that are required for
the duration of a construction project, including:
a. Temporary office modules (for tenant operations).
b. Temporary construction yards, storage, and staging areas (off site).
c. Temporary sales office (on site and off site).
d. Temporary living quarters on active construction sites.
5. Master temporary use permits for events occurring on more than one
occasion.
6. Other temporary activities that the planning director determines
are similar in nature and intensity to those identified above.
B. Temporary
uses exempt from permit requirements. The following temporary activities
and uses are allowed by right and expressly exempt from the requirement
of first obtaining a temporary use permit, provided they conform applicable
development standards. Uses that fall outside of the categories defined
shall be required to obtain a temporary use permit.
1. Bingo games conducted by an eligible organization as described in and subject to all regulations in chapter
5.08 (Bingo).
2. Car washes of a temporary nature (e.g., school fundraisers).
3. Construction yards, storage sheds, and construction offices (on site)
in conjunction with an approved construction project where the yard
and/or shed are located on the same site as the approved project.
4. Emergency public health and safety facilities established by a public
agency.
5. Entertainment and assembly events held within auditoriums, stadiums,
or other public assembly facilities, provided the proposed use is
consistent with the intended use of the facility.
6. Entertainment and assembly events as part of an allowed permanent
use (e.g., gathering at an assembly use).
7. Events held exclusively on city property (city hall, city facilities,
parks, etc.), not including events held exclusively in the public
right-of-way (street, sidewalk, parkway, etc.), e.g., marathons.
8. Events held exclusively on school grounds, and which are in conjunction
with a public school use.
9. Garage and yard sales held on private property and when occurring
no more than four days per calendar year.
10. Nonincorporated children's stands, such as a lemonade stand.
11. Parades and assemblies where the size of crowd does not exceed 75
people. City sponsored parades and assemblies are also exempt.
12. Private weddings, parties, or festivities conducted on private residential
property that comply with all city regulations and performance standards
that apply to, for example, parking, noise, and lighting, and are
not part of a business or charge a rental or entrance fee. Shall include
block parties involving a temporary street or lane closure provided
a street closure permit has been issued by the city engineer.
13. Storage containers and dumpsters not associated with an approved
construction project when:
a. Located on residential property, and not in the public right-of-way
(street, sidewalk, parkway, etc.), for a maximum period of five days.
b. Located on nonresidential property for any length of time and provided
they are screened from public view.
14. Temporary land uses in a zone that allows that land use by right
on a permanent basis.
(Ord. No. 1000 § 4, 2022)
Standards for height, off-street parking, setbacks, and other
structure and property development standards that apply to the category
of use, or the zone of the subject parcel shall apply to all temporary
activities occurring on it. The following requirements shall also
apply to all temporary activities:
1. Standards
for height, off-street parking, setbacks, and other structure and
property development standard that apply to the category of use, or
the zone of the subject parcel shall apply to all temporary activities.
2. Sales
or distribution of food items to the general public are subject to
San Bernardino County Department of Public Health review and approvals.
3. Sales
or distribution of alcohol to the general public are subject to Department
of Alcoholic Beverage Control (ABC) review and approvals.
4. Adequate
provisions for traffic circulation, parking, and pedestrian safety
shall be provided to the satisfaction of the planning director and
the city engineer. Proof of adequate parking may be required at the
discretion of the planning director.
5. All
participating vendors shall obtain a City of Rancho Cucamonga business
license.
6. Applicants
shall provide a written authorization from the property owner allowing
for the temporary use or activity to occur on site.
(Ord. No. 1000 § 4, 2022)
The following standards shall apply to the specific temporary
uses described below:
A. Festivals
and other special events.
1. Carnivals, circuses, rodeos, fairs, and festivals.
a. All such uses shall be limited to not more than 15 days, or more
than three consecutive weekends, of operation in any 180-day period.
To exceed this time limitation shall require the review and approval
of a conditional use permit.
b. All such activities shall have a minimum setback of 100 feet from
any residential use as measured from the property line. This requirement
may be waived by the planning director if no adverse impacts, including,
but not limited to, noise, traffic, odor, glare, and/or trash would
result.
c. Restroom and trash facilities shall be made available during the
operational hours of the event.
d. A security plan shall be provided to ensure the event will not present
a hazard to attendees and residents in proximity to the event.
e. Noise attenuation shall be provided to the satisfaction of the planning
director.
2. Haunted houses.
a. The operator shall obtain all necessary construction and use permits
from the city and fire district prior to commencing the construction
of a haunted house facility and shall obtain an operating permit from
the fire district prior to commencing operations or opening to the
public.
b. Haunted houses located in residential zones shall be limited to the
day of Halloween (October 31st) and the Saturday night during the
week preceding Halloween. All haunted house activities shall cease
after 10:00 p.m.
c. Haunted houses located in residential zones shall not impose fees,
collect donations, or require any incentives as condition for entry
into the haunted house. Sale of merchandise, food or drinks is prohibited
during the operation of a haunted house.
d. Commercial haunted houses shall provide restroom and trash facilities
during the operational hours of the event.
e. Commercial haunted houses shall provide a security plan to ensure
the event will not present a hazard to attendees and residents in
proximity to the event.
f. Noise attenuation shall be provided to the satisfaction of the planning
director.
3. Concerts and live outdoor entertainment.
a. All such uses shall be limited to not more than five days, or more
than two consecutive weekends, of operation in any 180-day period.
To exceed this time limitation shall require the review and approval
of a conditional use permit.
b. All such activities shall have a minimum distance from any residential
area. This requirement will be determined by the planning director
on a site-by-site basis.
c. Restroom and trash facilities shall be made available during the
operational hours of the event.
d. A security plan shall be provided to ensure the event shall not present
a hazard to attendees and residents in proximity to the event.
e. Noise attenuation shall be provided to the satisfaction of the planning
director.
4. Certified farmers' markets.
a. Such use is allowed in the High Density Residential (H) zone and
all form-based zones. Such use may be permitted in residential zones
if owned by a government agency or nonprofit entity.
b. Such use shall be limited to not more than 110 days in a calendar year. To exceed this time limitation shall require the review and approval of a minor development review as prescribed in section
17.06.020 (Rules of Interpretation).
c. All activities shall have a minimum setback of 100 feet from any
residential area. This requirement may be waived by the planning director
if in his or her opinion no adverse impact would result.
d. Seventy-five percent of the total farmers market sales area must
be for the sale of farm products such as fruits, vegetables, nuts,
herbs, eggs, honey, livestock food products (meat, milk, cheese, etc.),
or flowers and value-added farm products such as baked goods, jams,
and jellies. The sale of ancillary products may occur but may not
exceed 25 percent of the total sales area.
e. Farmers' markets shall be certified and comply with the requirement
of chapter 10.5, Direct Marketing Requirements, of Division 17 of
the Food and Agriculture Code.
f. All farmers' markets shall have a market manager authorized to direct
the operations of all vendors participating in the market on site
during hours of operation.
g. Farmers' market managers shall obtain and have on site all operating
and health permits during hours of operation.
h. Operating rules, hours of operation, and maintenance and security
requirements shall be submitted for review to the satisfaction of
the planning director.
i. Farmers markets shall provide for composting, recycling, and waste
removal in accordance with all applicable city codes.
5. Swap meets, flea markets, art, cultural, and educational exhibits
and displays.
a. All such uses shall not exceed 30 days of operation or exhibition
per calendar year. Swap meets may be allowed additional days of operation
at the discretion of the planning director.
b. The hours of operations for a swap meet and/or flea market shall
be limited to between the hours of 7:00 a.m. to 6:00 p.m.
c. The operator of a swap meet and/or flea market shall post the local
regulations relative to swap meets in a conspicuous place on the premises
where the swap meet is conducted.
d. The owner or operator of the swap meet and/or flea market shall maintain
a record of all sellers at the swap meet on each date the swap meet
was open for business and shall provide the list on record for inspection
upon demand by the city business license officer.
e. The sale of automobiles or automobile parts is prohibited.
6. Parades, assemblies, fundraisers, and parties.
a. Noise levels shall not exceed the established noise standards for the underlying noise zone per chapter
17.66 (Performance Standards).
b. All proceeds derived from a fundraiser event from the sales of any
food, drinks or merchandise shall be for the benefit of a government,
nonprofit organization, or individual.
c. Parades and assemblies, over 75 people, are specific event types subject to the city's standards for such uses established in chapter
8.44.
7. Outdoor sporting events, marathons, mobile, and nonstationary activities.
a. Restroom and trash facilities shall be made available during the
operational hours of the event.
b. A security plan shall be provided to ensure the event shall not present
a hazard to attendees and residents in proximity to the event.
B. Seasonal
sales.
1. Seasonal sale of agricultural products raised on premises.
a. Sales are limited to periods of 90 days in a calendar year and when
parking and access is provided to the satisfaction of the planning
director.
b. Sales of nonagricultural and/or noncottage food products are prohibited.
Sales of cottage food shall comply with all applicable licensing and
permitting requirements per the San Bernardino County Department of
Public Health.
c. A minimum of ten off-street parking spaces shall be provided with provisions for controlled ingress and egress. All parking spaces shall be consistent with the city's parking standards in chapter
17.64.
d. The hours of operations shall be limited to between the hours of
7:00 a.m. to 6:00 p.m.
2. Christmas tree, pumpkin, and other holiday-themed product sales lots.
a. All such uses shall be limited to 30 days of operation per calendar
year.
b. All lighting shall be directed away from and shielded from adjacent
residential areas.
c. All activities not involving the sale of holiday-related products
are subject to review by the planning director. In the event where
the nature of the holiday-related product is contested, the planning
director shall have the final determination.
C. Uses
related to a business.
1. Parking lot, sidewalk, or other outdoor promotional sale of merchandise.
a. Parking lot and sidewalk sales may be permitted on private property
in the commercial/retail areas of the city, including retail/wholesale
businesses located in industrial areas, in connection with current
on-site businesses.
b. Each sale is limited to a maximum of 19 days per calendar year, unless
authorized by a conditional use permit.
c. No sale for any single business or any other businesses located on
the same lot or parcel, or within a shopping center, shall be permitted
within 30 days of another sale.
d. The activity shall not present a hazard to pedestrians or encroach
on a required building exit or emergency vehicle/fire access lanes.
e. Safe vehicle ingress and egress shall be provided at all times.
f. Adequate parking shall be provided and maintained during the course
of the activity for both the business of the applicant and all other
businesses on the same lot or parcel or within the same shopping center.
2. Temporary entertainment events.
a. All temporary entertainments events shall be limited to a maximum
of three contiguous calendar days per year, and such events shall
be limited to a total of 12 days per calendar year, on the same property.
b. The applicant for each entertainment event must obtain the written
authorization of the property owner where the event is being held.
c. Noise levels shall not exceed the established noise standards for the underlying noise zone per chapter
17.66 (Performance Standards).
d. A security plan shall be provided to ensure the event shall not present
a hazard to attendees and residents in proximity to the event.
e. Events that negatively impact the public and/or neighborhood such
as through noise or traffic impacts may be denied subsequent temporary
entertainment permits.
f. Entertainment uses shall also be exempt from the requirements of
this section.
3. Temporary office modules.
a. A temporary office module may be approved for a limited time period
not exceeding six months. Extensions may be granted at the discretion
of the planning director. Temporary office modules submitted in conjunction
with a master plan for development of permanent buildings may initially
be approved for a longer period at the discretion of the planning
director.
b. All temporary office modules shall be removed upon completion of
the construction permit for which this use has been approved, or the
expiration of the time for which the approval has been granted.
c. The design of the office modules shall have a look of permanence.
This shall include such actions as screening temporary foundations,
screening utility equipment, and using overhangs, walkways, and stepped
roofs to mitigate the temporary appearance.
d. The approval of temporary office modules may require necessary street
improvements, grading, drainage facilities, and landscaping.
e. Temporary office modules shall comply with all applicable fire and
building codes.
f. A statement from the owner of the property indicating that the temporary
office module shall be removed at the end of the designated period
shall be provided. The statement shall include an acknowledgement
that failure to remove the office module or failure to apply for an
extension by the expiration date will result in a halt to further
construction or inspection activity on the project site, and enforcement
action to ensure restoration of any structures.
4. Temporary construction yards, storage and staging areas (off site).
a. All construction yards, staging areas, and storage shall be maintained
in conjunction with construction activities. All equipment and storage
shall be removed upon final inspection approval or occupancy for which
a permanent use has been approved, or the expiration of the time for
which the approval has been granted.
b. Failure to remove all construction yards, staging areas, and storage
by the expiration date will result in a halt in further construction
or inspection activity on the project site, and enforcement action
to ensure restoration of any structures.
5. Temporary sales office.
a. Sales offices may be located inside a dwelling unit of a new subdivision
or within a trailer, modular or similar temporary structure located
within a recently recorded tract. If the sales office is not located
within the subdivision, the sales office shall be located in a model
home or other permanent structures.
b. Approval shall be for a two-year period, at which time the sales
office use shall be terminated, and the dwelling unit restored back
to its original condition. If the sales office is in a trailer, the
trailer shall be removed. Extensions may be granted at the discretion
of the planning director.
c. A cash deposit, letter of credit, or any security determined satisfactory
to the city shall be submitted to the city, in an amount to be set
by city council resolution, to ensure the restoration or removal of
the structure.
d. Failure to terminate sales office and restore structure or failure
to apply for an extension on or before the expiration date will result
in forfeiture of the cash deposit, a halt in further construction
or inspection activity on the project site, and enforcement action
to ensure restoration of structure.
e. The hours of operation of an off-site sales office shall be limited
to between the hours of 10:00 a.m. to 6:00 p.m.
f. All model home lots shall be fully landscaped including, but not
limited to, a permanent, underground irrigation system, specimen size
trees, and the use of shrubbery, ground cover, and lawn in combination
to produce a pleasing and aesthetic environment compatible with the
surrounding established neighborhood.
g. The individual elements of the model homes sales office (e.g., lighting,
signing, fencing, hours of operation) should be designed in a collective,
coordinated manner to ensure a safe, secure, and aesthetic environment,
sensitive to and compatible with the surrounding development.
h. All fences proposed in conjunction with the model homes and sales
office shall be located outside of the public right-of-way, except
where approved by the planning director for security.
i. Flags, pennants, or other on-site advertising shall be regulated
pursuant to the sign regulations. A sign permit application shall
be submitted for review by the planning department prior to installation.
j. Street improvements and temporary parking at a rate of two spaces
per model shall be completed to the satisfaction of the planning director
prior to commencement of sales activities or the display of model
homes. All temporary parking spaces shall be off-street.
k. On-street parking may be permitted subject to the following conditions:
i. The model homes, sales office, and on-street parking shall be secured
with a decorative fence and gate across the street that is kept locked
during non-operating business hours.
ii. The sales office, models, and on-street parking spaces has been coordinated
with construction phasing such that there are no resident homeowners
living in homes located adjacent to the gated, secured area of the
street.
l. An area for overflow parking shall be provided off-street to the
satisfaction of the planning director. Said parking area shall be
located adjacent to the model home sales office, outside secured area,
appropriately signed, and provided with a drive approach constructed
to city standards.
m. Temporary landscaping, including minimum 36-inch box trees, shall
be provided within the on-street parking area (cul-de-sac). Temporary
landscaping shall also be provided within a planter area surrounding
the overflow parking area.
6. Temporary living quarters on active construction sites.
a. The planning director may approve a temporary living quarters for
security personnel or temporary residence of the subject property
owner in conjunction with a development project.
b. Installation of a temporary living quarter may occur only after a
valid building permit has been issued.
c. Temporary living quarters shall not exceed a maximum gross square
footage of 650 square feet in size (tongue not included).
d. The temporary living quarter must meet all requirements and regulations
of the San Bernardino County Department of Public Health and the city
building and safety department.
e. Any permit issued pursuant to this section in conjunction with a
construction project shall become invalid upon cancellation or completion
of the building permit for which this use has been approved, or the
expiration of the time for which the approval has been granted. At
that time, trailers shall be removed from the site.
f. A cash deposit, letter of credit, or any security determined satisfactory
to the city shall be submitted to the city, in an amount to be set
by city council resolution, to ensure removal of the structure temporary
living quarter.
g. Failure to terminate the temporary living quarter or failure to apply
for an extension on or before the expiration date will result in forfeiture
of the cash deposit and enforcement action to ensure removal of the
temporary living quarter.
D. Master
temporary use permits.
1. Individual events requiring a temporary use permit and occurring
multiple times in a calendar year may be authorized to combine all
permits under a master temporary use permit.
2. All events are subject to specific requirements associated with their
event class as established in this section.
3. The master temporary use permit shall be active for a 12-month period
from the date of permit issuance.
4. A plan specifying the specific days and times in which the activity
will take place shall be submitted with the application. Additional
permits may be required for activities falling outside of the times
specified.
5. Event occurrences under a master temporary use permit shall be identical
in operating characteristics. In the event where the operating characteristics
are in question, the planning director shall have the final determination.
(Ord. No. 1000 § 4, 2022)