The purpose of this chapter is to allow for short-term activities that would be compatible with adjacent and surrounding uses when conducted in compliance with this chapter.
(Ord. 24-13, 10/1/2024)
For purposes of this chapter, a temporary (short-term) land use activity is defined as a land use that is interim, non-permanent, and/or seasonal in nature, and generally not conducted for more than 30 consecutive days in duration.
A. 
Temporary use. A temporary use permit allows short-term activities that might not meet the normal development or use standards of the applicable zone, but may otherwise be acceptable because of their temporary nature, that is located on private (nongovernmental) property.
B. 
Special event. A special event permit allows for short-term activities that might not meet the normal development or use standards of the applicable zone that are located on public, or governmentally owned property (i.e., within a City park, street, etc.).
(Ord. 24-13, 10/1/2024)
A. 
Temporary use permit required. Temporary land uses shall not be established, operated, or conducted in any manner without the approval and maintenance of a valid temporary use permit approved in compliance with this chapter.
1. 
Categories of land uses. The following two categories of temporary land uses identify the level of permit required, if any, based on the proposed duration, size, and type of use:
a. 
Exempt temporary uses. Exempt temporary uses are identified in Section 17.640.040 (Exempt Temporary Uses), below; and
b. 
Temporary uses requiring a temporary use permit. Temporary uses requiring a temporary use permit are identified in Section 17.640.050 (Allowed Temporary Uses), below.
B. 
Special events permit required. Special event land uses shall not be established, operated, or conducted in any manner without the approval and maintenance of a valid special event permit approved in compliance with this chapter and Chapter 5.58 (Special Events).
(Ord. 24-13, 10/1/2024)
The following minor and limited duration temporary uses are exempt from the requirement for a temporary use permit. Uses that do not fall within the categories defined below shall comply with 17.640.050 (Allowed Temporary Uses), below.
A. 
Construction yards — on-site.
1. 
On-site contractors' construction yard(s), in conjunction with an approved construction project on the same parcel.
2. 
One adult caretaker may be present during nonconstruction hours.
3. 
The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit, authorizing the construction project, whichever first occurs.
B. 
Emergency facilities. Emergency public health and safety needs/land use activities, as determined by the Council.
C. 
Publicly-owned property. Events that are to be conducted on publicly owned property and are sponsored by educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with Section 501(c) of the Federal Internal Revenue Code.
(Ord. 24-13, 10/1/2024)
The following temporary uses are allowed, subject to the issuance of a temporary use permit, and only when conducted in compliance with Section 17.640.090 (Conditions of Approval), below.
A. 
Car washes. Car washes, limited to one event each month for each sponsoring organization, not exceeding three days 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 Section 501(c) of the Federal Internal Revenue Code.
B. 
Contractors' construction yards – off-site. The permit may be effective for up to 12 months, or the expiration of the companion building permit, authorizing the construction project, whichever first occurs.
C. 
Events.
1. 
Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, farmer's markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second-hand sales, and swap meets for 14 consecutive days or less, or six two-day weekends, within a 12-month period.
2. 
Outdoor display and sale events conducted by a retail business holding a valid business license may be allowed a maximum of three outdoor sale events (excluding City sponsored activities [e.g., Cinco De Mayo or Potato Festival]) each calendar year in compliance with the standards identified in Section 17.430.240 (Outdoor Displays and Sales). For purposes of this subsection an outdoor sale event shall be no longer than four consecutive days in duration.
3. 
Outdoor gatherings/meetings and group activities for seven consecutive days or less, within a twelve-month period.
4. 
Outdoor vehicle sales events conducted by established vehicle sales facilities for 30 consecutive days or less, within a twelve-month period.
5. 
Seasonal sales (i.e., Halloween pumpkin sales and Christmas tree sale lots) only by businesses holding a valid business license; provided, the activity may only be held from October 1 through October 31, of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 26, of the same year for Christmas tree sales.
D. 
On-location filming. The temporary use of a specified and approved on-location site for occasional commercial filming [e.g., commercials, movie(s), videos, etc.] on location in compliance with Government Code Section 65850.1. 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.
E. 
Storage during construction. Storage of equipment during construction activities for up to 12 months, or the expiration of the companion building permit, authorizing the construction project, whichever first occurs;
F. 
Temporary sales trailers.
1. 
A trailer may be used for temporary sales activities (e.g., model home sales, etc.).
2. 
A permit for temporary sales trailer(s) may be approved for up to 12 months.
G. 
Temporary structures. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 12 months, as an accessory use or as the first phase of a development project, in the commercial and industrial zones.
H. 
Temporary work trailers.
1. 
A trailer or mobile home may be used as a temporary work site for employees of a business:
a. 
During construction or remodeling of a permanent commercial, industrial, or mixed-use structure, when a valid building permit is in force; or
b. 
Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.
2. 
A permit for temporary work trailer(s) may be approved for up to 12 months.
I. 
Other similar temporary uses. Similar temporary uses that, in the opinion of the Director, are compatible with the subject zone and surrounding land uses.
(Ord. 24-13, 10/1/2024)
A. 
Temporary use permits.
1. 
Filing. An application for a temporary use permit shall be filed with the Department in the following manner:
a. 
An application for a temporary use permit shall be filed and processed in compliance with Chapter 17.600 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for temporary use permit applications, together with the required fee in compliance with the City's Planning Fee Schedule.
b. 
The application shall be filed with the Department at least 30 days before the date that the proposed temporary use is scheduled to take place.
2. 
Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.640.080 (Findings and Decision), below.
3. 
Project review procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this chapter.
4. 
Public hearing not required. A public hearing shall not be required for the Director's decision on a temporary use permit application.
B. 
Special event permits.
1. 
Filing. An application for a special event permit shall be filed with the Department in the following manner:
a. 
An application for a special event permit shall be filed and processed in compliance with Chapter 17.600 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for special event permit applications, together with the required fee in compliance with the City's Planning Fee Schedule.
b. 
The application shall be filed with the Department at least 60 days before the date that the proposed special event is scheduled to take place.
2. 
Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.640.080 (Findings and Decision), below.
3. 
Project review procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this chapter.
4. 
Public hearing not required. A public hearing shall not be required for the Director's decision on a temporary use permit application.
5. 
Insurance. The Director may require the host organization or event organizer to provide one or more of the following insurance along with an additional insured endorsement naming the City of San Jacinto, its officers, employees and agents' as additional insured:
a. 
General liability insurance certificate providing evidence of general liability insurance coverage in the minimum amount of $1,000,000 combined single limit, $2,000,000 aggregate.
b. 
$1,000,000 Auto Liability if the event includes any moving vehicles including golf carts.
c. 
$1,000,000 liquor liability if the event is selling alcohol.
d. 
$1,000,000 liquor host if the event is distributing alcohol at no charge.
e. 
All vendors participating in the event and service providers must provide insurance as well as all contracted services for the event (i.e., security services, rentals, traffic management, etc). This document must be submitted no later than 15 days prior to the event start date.
6. 
Additional documents and requirements. The Director may require the host organization or event organizer to provide any of the following:
a. 
A security plan setting forth the proposed security measures to be taken to protect the health, safety and welfare of the participants, spectators, bystanders and passersby. This plan may be reviewed by the San Jacinto Sherriff Department who may require alterations to the plan. Security measures may include but are not limited to the hiring of a private security or San Jacinto Sherriff Officers at the expense of the event organizer.
b. 
A copy of the host organization or event organizer determination letter, as issued by the Internal Revenue Service of the United States or State of California, if the application is made on behalf of any organization representing itself as a tax-exempt, non-profit and/or charitable organization.
c. 
A refundable cleaning deposit. Applicant agrees to pay any clean-up costs, in excess of the deposit, incurred by the City as a result of additional clean-up required to return the event location and surrounding area to its previous condition.
d. 
Notification of all residents and businesses that will be affected by street/sidewalk closures and/or amplified sound. Notification also includes the posting of official temporary "No Parking" signs on streets involved in closures for the event as required by the Director.
e. 
A refundable event deposit. The deposit shall cover the anticipated cost to the City to provide support for the event, including, but not limited to, street closure, overtime, Sherriff Personnel, etc. as determined by the Director. The applicant shall be responsible for any costs, in excess of the deposit, incurred by the City as a result of the event.
C. 
Building permits. All structures erected, constructed, placed or utilized in conjunction with a temporary use permit or special event permit shall be subject to the permit requirements of the California Building and Fire Codes.
(Ord. 24-13, 10/1/2024)
The Director may approve a temporary use permit, or special event permit for a temporary use that would be operated in compliance with Section 17.640.090 (Conditions of Approval) below; or the Director may defer action and refer the application to the Commission for review and final decision.
(Ord. 24-13, 10/1/2024)
A. 
Director's review. The Director shall review applications and approve, approve with conditions, or deny the temporary use permit or special event permit.
B. 
Required findings. The Director (or the Commission on a referral) may deny a temporary use permit or special event application, if it first makes any of the following findings:
1. 
The operation of the requested temporary use at the location proposed and within the time period specified will jeopardize, endanger, or otherwise constitute a menace to the public convenience, health, safety, or general welfare;
2. 
The proposed parcel is not adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the parcel;
3. 
The proposed parcel is not adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate;
4. 
Adequate temporary parking to accommodate vehicular traffic to be generated by the temporary use will not be available either on-site or at alternate locations acceptable to the Director; and
5. 
The applicant does not agree, in writing, to comply with any and all of the conditions imposed by the review authority in the approval of the temporary use permit or special event permit.
(Ord. 24-13, 10/1/2024)
A. 
May impose conditions. In approving a temporary use permit or special event permit application, the Director (or the Commission on a referral) may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Section 17.640.080 (Findings and Decision), above.
B. 
Appropriate conditions. The conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include the following:
1. 
Fixed period of time. Unless otherwise stated in the permit, a provision for a fixed period of time not to exceed 30 days for a temporary use not occupying a structure, including promotional activities, or 12 months for all other temporary uses or structures, or for a shorter period of time as determined appropriate by the Director, unless granted an extension of time in compliance with Section 17.640.100 (Extensions for Temporary Use Permitsand Special Event Permits), below;
2. 
Operating hours and days. Regulation of operating hours and days, including limitation of the duration of the temporary use, as identified in Subsection B.1, above;
3. 
Temporary pedestrian and vehicular circulation. Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation, if applicable;
4. 
Regulation of nuisance factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, trash, and vibration;
5. 
Regulation of temporary structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;
6. 
Sanitary and medical facilities. Provision for sanitary and medical facilities, as appropriate;
7. 
Waste collection, recycling, and/or disposal. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal;
8. 
Police/security and safety measures. Provision for police/security and safety measures, as appropriate;
9. 
Signs. Regulation of signs;
10. 
Performance bond or other security. Submission of a performance bond or other security measures, in compliance with Section 17.660.070 (Performance Guarantees) and satisfactory to the Director, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition, or better, as determined by the Director;
11. 
Compliance with applicable provisions. A requirement that the approval of the requested temporary use permit or special event permit is contingent upon compliance with applicable provisions of the Municipal Code and the successful approval of any/all required permits from any other department or governing agency; and
12. 
Other conditions. Other conditions that 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. 24-13, 10/1/2024)
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 Development Code.
(Ord. 24-13, 10/1/2024)
The procedures and requirements in Chapter 17.660 (Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Administration) shall apply following the decision on a temporary use permit application.
(Ord. 24-13, 10/1/2024)