The purpose of this Chapter is to establish regulations for uses of private property that are temporary in nature. These provisions place restrictions on location and duration, and create standards to minimize potential impacts of the temporary use on surrounding property and ensure the general health, safety, and welfare of persons residing within the community.
(Ord. 1501 § 1, 2011)
The regulations and standards contained in this Chapter shall apply to the establishment and operation of the following temporary uses within the City.
A. 
Expositions, concerts, carnivals, clinics, amusement rides, and flea markets may be conducted for a period not to exceed 10 days within a calendar year (either consecutive or intermittent).
B. 
Certified farmers' markets as defined by the California Department of Food and Agriculture.
C. 
Outdoor sales and display of goods, including promotional sales.
D. 
Seasonal sales (e.g., Christmas tree sales, pumpkin sales).
E. 
Temporary dwellings, including mobile homes, when a primary dwelling is being constructed or remodeled, provided a valid building permit has been issued for the primary dwelling.
F. 
Temporary sales and construction offices used for the sale of lots and/or homes as part of a new residential subdivision.
(Ord. 1501 § 1, 2011)
Temporary uses regulated by this Chapter shall only be permitted in accordance with Article II (Zoning Districts, Allowed Uses, and Development Standards) and subject to the special regulations outlined in Section 17.84.040 (Special Standards) of this Chapter and other relevant provisions of this Title. Except as otherwise provided in this Zoning Ordinance, the temporary uses listed in this Chapter shall require the issuance of a Temporary Use Permit from the designated Approving Authority prior to establishment of the use. The process for accepting, reviewing, and approving or denying a Temporary Use Permit shall be as described in Section 17.10.080 (Temporary Use Permit).
A. 
Option for Conditional Use Permit. Applicants seeking a Temporary Use Permit for a time period longer than otherwise allowed by this Chapter may submit for a Conditional Use Permit for said activity, provided that it complies with all other relevant development and operational standards (other than time duration) for the use as provided in this Chapter. Approval of the Conditional Use Permit shall be in accordance with Section 17.10.130 (Conditional Use Permit).
B. 
Temporary Uses Not Listed. When a temporary use is not specifically listed in this Chapter, the Community Development Director shall determine whether the proposed temporary use is similar in nature to permitted use(s) in Article II (Zoning Districts, Allowed Uses, and Development Standards) in accordance with Section 17.10.040 (Similar Use Determination).
(Ord. 1501 § 1, 2011)
These requirements are in addition to any other development standards and regulations contained elsewhere in this Zoning Ordinance and any other permits or certificates required by law.
A. 
General Development Standards. The designated Approving Authority may impose conditions on the approval of a temporary use consistent with the standards of Section 17.10.080 (Temporary Use Permit).
B. 
Expositions, Concerts, Carnivals, Clinics, Amusement Rides, and Flea Markets. All expositions, concerts, carnivals, clinics, amusement rides, and flea markets, which are to be conducted for a period not to exceed 10 days within a calendar year (either consecutive or intermittent), must be located in a district other than residential or shall be under the direction/supervision of a public agency or an organization, church, or school use in any district.
C. 
Certified Farmers' Markets. The following development standards shall apply to all certified farmers' markets:
1. 
The use must be located in a commercial Zoning District.
2. 
The farmer's market must qualify as a certified farmers' market, and all producers/vendors must qualify as certified producers as defined by the California Department of Food and Agriculture. Proof of certification shall be provided.
3. 
The market must be located outside of the required setbacks for the underlying Zoning District.
4. 
Conditions limiting length of the permit, days and hours of operation, and other factors as deemed appropriate by the Community Development Director.
D. 
Outdoor Sales and Display of Goods, Including Promotional Sales. The following development standards shall apply to all outdoor sales and display of goods, including promotional sales.
1. 
May be conducted as part of an otherwise lawfully permitted or allowed permanent commercial use, provided that all activities are conducted within the buildable portion of the lot.
2. 
Businesses shall be limited to 14 days within a given year.
3. 
Sales and displays may not occupy more than 10 percent of the parking area for that business and shall not substantially alter the existing circulation pattern of the site.
4. 
Temporary sales and displays shall not obstruct any existing disabled accessible parking space or paths of travel.
E. 
Seasonal Sales. The following development standards shall apply to all seasonal sales (e.g., Christmas tree sales, pumpkin sales):
1. 
The use must be located in a nonresidential Zoning District.
2. 
The term of the Temporary Use Permit shall not exceed 45 days per calendar year.
F. 
Temporary Dwellings. The following development standards shall apply to all temporary dwellings, including mobile homes, when a primary dwelling is being constructed or remodeled. In addition to these standards, see related regulations for recreational vehicles in Section 17.52.120 (Parking and Storage of Mobile Vehicles and Accessories on Post-July 19, 1978, Parcels) and Section 17.52.130 (Parking and Storage of Mobile Vehicles and Accessories on Pre-July 19, 1978, Parcels).
1. 
A valid building permit has been issued for the primary dwelling.
2. 
The use of the temporary dwelling shall be limited to a maximum of one year or 30 days from the issuance of the occupancy permit for the new home, except that all dwellings included in the definition of transitional housing shall be governed by the provisions of Chapter 17.76 (Emergency Shelters and Transitional Housing Facilities).
G. 
Temporary Sales Offices. The following development standards shall apply to all temporary sales offices used for the sale of lots and/or homes as part of a new residential subdivision: conditions limiting the days and hours of operation, landscaping, and other aspects of operation as deemed appropriate by the Community Development Director.
(Ord. 1501 § 1, 2011)
The following temporary uses are exempt from the permit requirements of this Chapter, provided that they comply with the development standards listed herein.
A. 
Garage sales are permitted on any parcel where the garage sale operator resides. Garage sales may not exceed 3 sales per calendar year and 2 consecutive days for each garage sale.
B. 
Fireworks stands, provided that the necessary permit(s) are obtained from the Fire Department and/or other regulatory agencies and a valid business license has been issued, consistent with the requirements of the Municipal Code.
(Ord. 1501 § 1, 2011)