A.
Process. This chapter is intended to provide a process for
reviewing proposed temporary activities (e.g., events and uses) to
ensure basic health, safety, and community welfare standards are met,
and approving suitable temporary activities with the minimum necessary
conditions or limitations consistent with the temporary nature of
the activity.
B.
Short-Term Activities. A temporary activity permit allows
short-term activities that might not meet the normal development or
use standards of the applicable zoning district, but may otherwise
be acceptable because of their temporary nature.
C.
Minimize Incompatibility. These activities should be regulated
to minimize the potential incompatibility of a temporary activity
and to limit its scope and duration to protect the public convenience,
health, interest, safety, and general welfare.
(Prior code § 16-570.010)
The Director is the Review Authority for temporary activity
permits, except as otherwise specified. The Director may:
A.
Decision. Review and approve, conditionally approve, or disapprove a temporary activity permit, subject to the appeal provisions of Chapter 16.100 (Appeals).
B.
Refer to Commission. Elect to defer action and refer the application
directly to the Commission in compliance with 16.88.050.C (Public
Hearing Review Procedure) so that the Commission is the Review Authority.
(Prior code § 16-570.020)
A.
Activities Exempt from Temporary Activity Permit. The following temporary activities are allowed and exempt from the requirement for a temporary activity permit. Temporary activities that do not fall within the categories defined below shall comply with subsection B of this section (Activities allowed with temporary activity permit).
1.
Agricultural Activities. The grazing of animals or the
production of a crop in conjunction with an agricultural activity.
2.
Boutique Sales. Boutique sales of products handmade
at the residence by the resident(s) which occur no more than four
days per calendar year.
3.
Car Washes. Car washes limited to 10 days per year for
an individual location and 10 days per year for each sponsoring organization.
Sponsorship shall be limited to educational, fraternal, religious,
or service organizations directly engaged in civic or charitable efforts,
and the car wash shall be located on nonresidential property.
4.
Construction Yards. An on-site contractors' construction
yard, in conjunction with an approved construction project, where
the yard would be located on the same site as the approved project.
5.
Emergency Facilities. Emergency public health and safety
needs/land use activities.
6.
Garage Sales on Private Property. Garage sales on private
property occurring no more than four days per calendar year.
7.
Model Homes and Temporary Tract Sales Offices. Temporary model homes and tract sales offices for a specific development project may be established, and kept until the project is sold out, within the area of an approved development project, solely for the sale of homes in that project and subject to a land development permit (Chapter 16.136).
8.
Outdoor Events and Seasonal Sales. Special events related
to an existing business with temporary outdoor display/sales of merchandise
and seasonal sales lots in conjunction with an established commercial
business which:
9.
Allowed Uses. Temporary land uses in a zoning district,
which allows that land use on a permanent basis in compliance with
the permitting requirements in Table 2-2 (Allowable Land Uses and
Permit Requirements).
10.
Signs for Subdivisions. Temporary signs advertising subdivisions and model homes, in compliance with Section 16.76.100(I)(1) (Subdivision signs) shall be allowed subject to a land development permit (Chapter 16.136).
11.
School Events. Events held exclusively on school grounds,
and which are in conjunction with the school use.
12.
Special Events Permit. Activities requiring a special events permits in compliance with Chapter 12.72 of the Municipal Code.
13.
Temporary Work Trailer(s). Trailer or mobilehome as
a temporary work site for employees of a business:
14.
Personal Celebrations. Noncommercial events at which people celebrate
personal occasions such as birthdays, weddings, anniversaries, graduations,
and similar events, provided:
15.
Community Gardens. The production of food in a form and scale that is appropriate for the urban context in compliance with Section 16.80.130 (Community gardens).
16.
Urban Agriculture Produce Stands. The production of food in a form and scale that is appropriate for the urban context, in compliance with Section 16.80.285 (Produce stands, Urban Agriculture).
17.
Other. Other temporary activities that the Director
deems to be a suitable activity that is in compliance with this chapter.
B.
Activities Allowed with a Temporary Activity Permit. The following
temporary activities may be allowed, subject to the issuance of a
temporary activity permit by the Director upon recommendation from
applicable City departments issued before the commencement of the
activity. Activities that do not fall within the categories defined
below shall comply with the use and development regulations and entitlement
review provisions that otherwise apply to the property.
1.
Auctions. Temporary auctions, for no more than two days per calendar year per site, for the sale of items (e.g., antiques, collectibles, household components, motor vehicles, etc.) from the home or business on the site of the auction and that have been authorized to be sold by the auctioneer. A longer time period may be authorized with the approval of an administrative use permit in compliance with Chapter 16.168 (Use Permits).
2.
Construction Yards. An off-site contractors' construction
yard, in conjunction with an approved construction project, where
the yard would be located on a site different from the site of the
approved project. The permit shall expire upon completion of the construction
project, or the expiration of the companion building permit authorizing
the construction project, whichever first occurs.
3.
Farmers' Markets. Farmers' markets for no more than
two consecutive days per week at the same location.
4.
Swap Meets and Sale of Used Materials. Swap meets, rummage
sales, secondhand sales, flea markets, or sale of used materials for
no more than two consecutive days per calendar year.
6.
Temporary Residence. A mobilehome used as a temporary
residence for the property owner when a valid building permit for
a new single-family dwelling is in force. The permit may be approved
for up to 12 months or expiration of the building permit, whichever
first occurs.
7.
Seasonal Sales Lots.
a.
Seasonal sales activities (e.g., Halloween, Christmas, etc.) including
temporary residence/security trailers, on nonresidential properties,
for up to 45 days. If the application is for more than one seasonal
sales activity, the temporary activity permit may be for up to 45
additional days for each additional activity to a maximum of 180 days.
b.
A permit shall not be required when the sales are in conjunction with an established commercial business holding a valid City business license in compliance with subsection (A)(10) of this section (Outdoor events and seasonal sales). Christmas tree lots and holiday sales facilities shall be in compliance with the standards in Section 16.80.110 (Christmas tree/holiday sales facilities).
8.
Storage. Enclosed temporary storage, unrelated to a construction project, including a cargo container, containerized storage unit, and sea-train, may be approved for a maximum time of 12 months from the date of approval. An initial time period of more than 12 months may be authorized with the approval of an Administrative Use Permit in compliance with Chapter 16.168 (Use Permits).
9.
Temporary Nonresidential Structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 12 months from the date of approval, as an accessory use or as the first phase of a development project. An initial time period of more than 12 months may be authorized with the approval of an Administrative Use Permit in compliance with Chapter 16.168 (Use Permits).
10.
Uses Allowed With a Discretionary Permit. A land use
which requires a discretionary permit may operate for 12 months or
less with a temporary activity permit.
11.
Similar Temporary Activities. Other temporary activities
which, in the opinion of the Director, are similar in nature and intensity
to those identified above.
(Prior code § 16-570.030; Ord. 023-07 C.S. §§ 117, 118; Ord. 001-08 C.S. §§ 27,
28; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2020-06-09-1501 C.S. § 31; Ord. 2020-09-15-1501 C.S. § 18)
A.
Application. An application for a temporary activity permit shall be filed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees) and shall be accompanied by the fee required by the Council's fee resolution.
B.
Review Time. To ensure that the required approvals are obtained
in sufficient time to initiate the activity, an application for a
temporary activity permit shall be made on a form prescribed by the
Director and filed with the Department at least 14 days before the
scheduled activity.
C.
Review Procedure.
1.
A temporary activity permit may be approved, modified, conditioned, or disapproved by the Director in compliance with the review without notice procedure (Section 16.88.050(A)); or
2.
The Director may defer action and refer the application directly to the Commission in compliance with Section 16.88.050(C) (Public hearing review procedure) for actions in which the Commission is the Review Authority.
D.
Noticing for a Temporary Activity Permit—Not Required. A public notice or hearing shall not be required for the Director's
action on a temporary activity permit.
E.
Additional Permits Required. Temporary activities may be subject
to additional permits and other City approvals, licenses, and inspections
required by applicable laws or regulations.
(Prior code § 16-570.040)
The Review Authority may approve, modify, condition, or disapprove
a temporary activity permit and shall only approve, with or without
conditions or modifications, the temporary activity permit if all
of the following findings of fact can be made. It is the responsibility
of the applicant to establish evidence in support of the required
findings.
A.
The
proposed temporary activity would be consistent with the general land
uses, objectives, policies, and programs of the General Plan and any
applicable specific plan, precise road plan, or master development
plan;
B.
The
establishment, maintenance, or operation of the proposed temporary
activity at the location proposed and within the time period(s) identified
would not endanger, jeopardize, or otherwise constitute a hazard to
the public convenience, health, interest, safety, or general welfare
of persons residing or working in the neighborhood of the proposed
activity;
C.
The
proposed site would be adequate in terms of location, shape, and size
to accommodate the temporary activity;
D.
The
proposed site would be adequately served by streets or highways having
sufficient width and improvements to accommodate the kind and quantity
of traffic that the temporary activity would reasonably generate;
E.
Adequate
temporary parking to accommodate vehicular traffic to be generated
by the temporary activity would be available either on-site or at
an alternate location(s) which is acceptable to the Director;
F.
The
design, location, size, and operating characteristics of the proposed
temporary activity would be compatible with the existing and future
land uses in the vicinity;
G.
Approved
measures for removal of the temporary activity and site restoration
have been required to ensure that no changes to the site would limit
the range of possible future land uses otherwise allowed by this Development
Code; and
H.
The
proposed permit would be in compliance with the provisions of the
California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
(Prior code § 16-570.050)
Standards for heights, landscaping areas, off-street parking,
setbacks, and other structure and property development standards that
apply to the category of use or the zoning district of the subject
parcel (Table 2-3, Zoning District Development Standards) shall be
used as a guide for determining the appropriate development standards
for temporary activities. However, the Review Authority may authorize
an adjustment from the specific requirements as deemed appropriate,
necessary, and reasonable.
(Prior code § 16-570.060)
In approving a temporary activity permit, the Review Authority may impose specific development conditions relating to both on- and off-site improvements, which are found to be reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 16.164.050 (Findings and decision), and to carry out the purpose and requirements of the respective zoning district. These conditions may involve any pertinent factors affecting the operation of the temporary activity, and may include the following:
A.
Parking Facilities. Provision of temporary parking facilities,
including vehicular access and egress.
B.
Regulation
of the following:
1.
Nuisance factors including the prevention of glare or direct illumination
of adjacent properties, dirt, dust, gasses, heat, noise, odors, smoke,
or vibrations;
2.
Operating hours and days, including limitation of the duration of
the temporary activity to a shorter time period than that requested;
3.
Signs; and
4.
Temporary structures and facilities, including height, placement,
and size, and the location of equipment and open spaces, including
buffer areas and other yards.
C.
Site Plan. Submission of a site plan indicating any information
required by this chapter;
D.
Identified Conditions. At the discretion of the Director,
the operators of certain temporary activities may be required to provide
the following:
1.
Sanitary and medical facilities;
2.
Security and safety measures;
3.
Solid waste collection and disposal including the following:
a.
Containers for recycling cans, glass, paper, and plastic generated
by the temporary activity,
b.
Information and guidance to ensure recycling of materials identified in subsection (D)(3)(a) of this section,
c.
Compliance with the City's solid waste recycling program, and
d.
Submission of a plan specifying efforts to reduce, reuse, or recycle
the waste generated by the temporary activity;
4.
Submission of a performance guarantee (e.g., bond or other surety devices), in compliance with Section 16.92.130 (Performance guarantee) to ensure that any temporary facilities or structures used for the proposed temporary activity would be removed from the site by a specified date and time identified in the approved permit and that the property would be restored to its former condition, or better if warranted.
E.
Compliance With Other Regulations. Requirement that the approval
of the temporary activity permit is contingent upon prior and continued
compliance with applicable provisions of other local, County, State,
or Federal laws or regulations.
F.
Other Conditions. Other conditions which would ensure the
operation of the proposed temporary activity in an orderly and efficient
manner in compliance with the intent and purpose of this chapter.
(Prior code § 16-570.070)
Unless otherwise stated below, the requirements for use of property, issuance of a business license or certificate of occupancy, and performance guarantees following approval of a temporary activity permit shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures may apply after approval of a temporary activity permit:
B.
Effective Date. A temporary activity permit shall be effective
on the date the temporary activity permit is issued;
C.
Changes to a Temporary Activity Permit. Changes to the project in compliance with Chapter 16.104 (Changes to an Approved Project);
D.
Expiration of Permit. A temporary activity permit shall be
considered to have expired if the activity for which the permit was
granted ceased or was suspended for at least seven days, unless otherwise
stated in the temporary activity permit;
E.
Expiration/Extension. Unless otherwise identified in the permit or by prior agreement with the Director, each approved permit shall expire if the approved activity has not been initiated within 30 days from the date on which the application was approved. Time extensions may be granted in compliance with Chapter 16.96 (Expirations and Extensions); there shall be no fee for the extension of temporary activity permits;
F.
Revocation/Modification. Revocation/modification in compliance with Chapter 16.108 (Revocations and Modifications); and
G.
Condition of the Site Following Temporary Activity. Each site occupied by a temporary activity shall be completely free of all evidence of the activity within seven days following the termination of the activity. Temporary activities that do not comply with this standard shall be subject to code enforcement action, in compliance with Chapter 16.224 (Enforcement).
(Prior code § 16-570.080)
