The purpose of this chapter is to allow for short-term activities
that would be compatible with adjacent and surrounding uses when in
compliance with this chapter.
(Ord. 777 § 1 (Exh. A),
2002)
The following temporary uses are allowed, subject to the issuance
of a temporary use permit:
A. Within
commercial zoning districts, temporary outdoor merchandise display
and sales events, limited to four separate events during each calendar
year, not exceeding ten days for each separate event, plus an additional
four separate events associated with any weekend during each calendar
year which shall not exceed three days for each such event, may be
permitted, provided that each event is separated by at least fifteen
days and offers only merchandise customarily sold on the premises
by a permanently established business. During the 2013 calendar year,
such events shall be exempt from the payment of a temporary use permit
application fee;
B. Halloween
pumpkin sales and Christmas tree sale lots by businesses holding a
valid business license; provided, the activity may only be held from
October 1st through October 31st, of the same year for the Halloween
pumpkin sales, and from the day after Thanksgiving through December
25th, of the same year for Christmas tree sales;
C. On-
and off-site contractor's construction yard. The permit may be effective
for up to twelve months, or at the discretion of the director, may
remain effective in conjunction with a building permit to which the
temporary use is related. Said temporary use trailer or building shall
be removed prior to expiration of the companion building permit, or
prior to final inspection whichever occurs first;
D. Car
washes, limited to one event each month for each sponsoring organization,
not exceeding one day in length. 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;
E. The
temporary use of a specified and approved on-location site for the
filming of commercials, movie(s), videos, etc. The director shall
find that the approval would not result in a frequency of use likely
to create incompatibility between the temporary filming activity and
the surrounding areas;
F. Emergency
public health and safety needs/land use activities; and
G. Similar
temporary uses which, in the opinion of the director, are compatible
with the subject zoning district and surrounding land uses.
(Ord. 777 § 1 (Exh. A),
2002; Ord. 1003 § 1, 2010; Ord. 1032 § 2, 2011; Ord. 1042 § 1, 2012; Ord. 1054 § 1, 2013)
The application shall be filed with the department in compliance with Chapter
17.36 (Application Filing, Processing, and Fees). 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.
(Ord. 777 § 1 (Exh. A),
2002)
The director shall review all applications and shall record
the decision in writing with the findings on which the decision is
based. The temporary use permit application shall be approved, with
or without conditions, only if all of the following findings are made:
A. The
design and layout of the proposed temporary use would:
1. Be
consistent with the actions, goals, objectives, and policies of the
general plan and the development and design standards/guidelines of
the subject zoning district;
2. Not
interfere with the use and enjoyment of neighboring existing or future
developments, and would not create traffic or pedestrian hazards;
and
3. Provide
a desirable environment for its occupants and visiting public as well
as its neighbors through good/proper aesthetic use of materials, texture,
and color, and would be aesthetically appealing and retain an appropriate
level of maintenance.
B. The
proposed temporary use would not:
1. Be
detrimental to the public convenience, health, interest, safety, or
welfare, or materially injurious to the properties or improvements
in the immediate vicinity; or
2. Interfere
with the use or enjoyment of property in the surrounding neighborhood.
C. The
proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA).
(Ord. 777 § 1 (Exh. A),
2002)
In approving an application for a temporary use permit, the director shall impose conditions which are deemed reasonable and essential to ensure that the permit would be in full compliance with the findings required by Section
17.46.040 (Findings and decisions). These conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include the following:
A. Unless
otherwise stated in the permit, a provision for a fixed period of
time not to exceed ninety days for a temporary use not occupying a
structure, including promotional activities, or twelve months for
all other temporary uses or structures, or for a charter period of
time as determined appropriate by the director;
B. Provision
for adequate temporary pedestrian and vehicular circulation, parking
facilities (including vehicular ingress and egress), and public transportation,
if applicable;
C. Regulation
of nuisance factors including prevention of glare or direct illumination
on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke,
trash, and vibration;
D. Regulation
of temporary structures and facilities, including placement, height
and size, location of equipment and open spaces, including buffer
areas and other yards;
E. Provision
for sanitary and medical facilities, as appropriate;
F. Provision
for solid, hazardous, and toxic waste collection, recycling, and/or
disposal;
G. Provision
for police/security and safety measures, as appropriate;
I. Regulation
of operating hours and days, including limitation of the duration
of the temporary use;
J. Submission
of a performance bond or other security measures, satisfactory to
the director, to ensure that any temporary facilities or structures
used would be removed from the site within a reasonable time following
the event and that the property would be restored to its former condition,
or better as determined by the director;
K. A requirement
that the approval of the requested temporary use permit is contingent
upon compliance with applicable provisions of the Municipal Code and
the successful granting of any/all required permits from any other
department or governing agency; and
L. Other
conditions which would ensure the operation of the proposed temporary
use in an orderly and efficient manner, and in full compliance with
the purpose of this chapter.
(Ord. 777 § 1 (Exh. A),
2002)
Each site occupied by a temporary use shall be cleaned of debris,
litter, or any other evidence of the temporary use upon completion
or removal of the use, and shall continue to be used in compliance
with this title.
(Ord. 777 § 1 (Exh. A),
2002)
The director may revoke or modify a temporary use permit in compliance with Chapter
17.78 (Revocations and Modifications) with only a twenty-four-hour notice.
(Ord. 777 § 1 (Exh. A),
2002)
All applications shall be subject to the applicable provisions
of this title, including the procedures identified in the following
chapters and sections:
17.76 Appeals
17.36 Application Filing, Processing, and Fees
17.68.080 Changes to an Approved Project
17.78 Revocations and Modifications
17.68.070 Time Extensions.
(Ord. 777 § 1 (Exh. A),
2002)