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.
b.
Haunted houses.
c.
Concerts and live outdoor entertainment.
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:
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:
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:
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:
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.
7.
Outdoor sporting events, marathons, mobile, and nonstationary activities.
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)