Chapter 17.64
TEMPORARY USES
Sections:
17.64.020 Permit requirements and exemptions.
17.64.030 General development standards for temporary uses.
17.64.040 Standards for specific temporary uses.
17.64.010 Purpose.
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. 2015-002 § 3 (Exh. 1)(part), 2015)
17.64.020 Permit requirements and exemptions.
A. 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 17.18.060, Temporary use permit.
B. 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 section:
1. Construction yards, storage sheds, and construction offices (off site) in conjunction with an approved construction project, where the yard is located on a site different from the site of the approved construction project.
2. Entertainment and assembly events, including carnivals, circuses, concerts, fairs, festivals, food events, fundraisers, haunted houses, outdoor entertainment/sporting events, and similar events designed to attract large crowds and that are held either on private or public property when not otherwise part of or consistent with a permitted use and consistent with Chapter 9.24, Special Event Permits.
3. Farmers markets, as defined in this title, held on public or private property.
4. Swap meets, including flea markets, rummage sales, and similar events held on public or private property.
5. Seasonal sales (e.g., Halloween, Christmas), including temporary residence/security trailers.
6. Temporary sales offices.
7. Fruit and vegetable stands (related to on-site business).
8. Food truck festivals.
9. Outdoor display of merchandise as accessory to current on-site business.
10. Parking lot and sidewalk sales.
11. Other temporary activities that the zoning administrator determines are similar in nature and intensity to those identified above.
C. 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 to the listed development standards. Uses that fall outside of the categories defined shall be required to obtain a temporary use permit.
1. Car washes of a temporary nature (e.g., school fundraisers).
2. 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.
3. Emergency public health and safety facilities established by a public agency.
4. 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 if a valid entertainment permit is on file.
5. Entertainment and assembly events as part of an allowed permanent use (e.g., gathering at an assembly use) if a valid entertainment permit is on file.
6. Events held exclusively on city property.
7. Events held exclusively on school grounds and which are in conjunction with a public school use.
8. Garage and yard sales held on private property and when occurring no more than four days per calendar year.
9. Storage containers not in conjunction with an approved construction project when:
a. Located on residential property for periods less than seventy-two hours.
b. Located on nonresidential property for any length of time and are screened from public view wherever feasible. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.64.030 General development standards for temporary uses.
Standards for height, 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 shall apply to all temporary activities. Certain exceptions may be considered by the zoning administrator if determined by the zoning administrator that meeting certain development standards is infeasible. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.64.040 Standards for specific temporary uses.
The following standards shall apply to the specific temporary uses described below.
A. Temporary Office Modules. Temporary office modules shall be permitted subject to the issuance of a temporary use permit and the following standards shall apply:
1. A master plan for development of permanent buildings shall be submitted in conjunction with such request.
2. The design of the office modules shall have a look of permanence, as much as practicable. This shall include such actions as screening temporary foundations, screening utility equipment, and using overhangs, walkways, and stepped roofs to mitigate the temporary appearance.
3. The approval of temporary office modules shall require necessary street improvements, grading, drainage facilities, and landscaping.
B. Temporary Outdoor Displays and Sales of Merchandise. The following temporary uses shall be permitted subject to the issuance of a temporary use permit and the following limitations:
1. Fruit and vegetable stands (related to on-site business).
2. Outdoor display of merchandise as accessory to current on-site business.
3. Outdoor recreation uses.
4. Parking lot and sidewalk sales (see subsection C of this section).
5. Vending machines selling healthy snacks. None for cell phones or other electronic devices.
6. Other activities and uses similar to those above as determined by the zoning administrator.
C. Parking Lot and Sidewalk Sales. 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, subject to the approval of a temporary use permit as provided in Section 17.18.060, Temporary use permit, and the following criteria:
1. Each sale is limited to a minimum of three consecutive days, with a maximum of nineteen days per calendar year.
2. 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 thirty days of another sale.
3. The applicant for such sale must obtain the written authorization of the property owner.
4. The activity shall not present a hazard to pedestrians or encroach on a required building exit or emergency vehicle/fire access lanes.
5. Safe vehicle ingress and egress shall be provided at all times.
6. 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.
D. Mobile Hot Food Truck Events. Mobile hot food truck events may be permitted on private property in the commercial/retail areas of the city, including retail/wholesale businesses located in industrial areas, subject to the approval of a temporary use permit. Temporary use permit shall be subject to the following criteria:
1. Each property or contiguous retail center is limited to a maximum of twelve event days per calendar year.
2. No hot food truck event shall be permitted within thirty days of another hot food truck event on the same property or contiguous retail center.
3. The applicant for each hot food truck event must obtain the written authorization of the property owner.
4. The event shall not present a hazard to pedestrians or encroach on a required building exit.
5. Safe vehicle ingress and egress shall be provided at all times.
6. Adequate parking shall be provided and maintained during the course of the event for both the event and all other businesses on the same property of contiguous retail center.
7. Health department permit required.
E. Outdoor Art and Craft Shows and Exhibits. These events shall not exceed fifteen days of operation or exhibition within any ninety-day period.
F. Seasonal Retail Sale of Agricultural Products Raised on the Premises. The sales are limited to periods of ninety days in a calendar year and when parking and access is provided to the satisfaction of the zoning administrator. A minimum of ten off-street parking spaces shall be provided with provisions for controlled ingress and egress.
G. Farmers Markets. Permitted subject to the approval of a temporary use permit as provided in Section 17.18.060, Temporary use permit, and the following criteria:
1. Such use shall be limited to not more than one hundred twenty days in a calendar year.
2. Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the zoning administrator.
3. A minimum of 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 twenty-five percent of the total sales area.
4. 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.
5. Farmers market managers shall obtain and have on site all operating and health permits during hours of operation.
6. Operating rules, hours of operation, and maintenance and security requirements shall be submitted for review to the satisfaction of the zoning administrator.
7. Farmers markets shall provide for composting, recycling, and waste removal in accordance with all applicable city codes.
H. Christmas Tree or Pumpkin Sales Lots.
1. All such uses shall be limited to thirty days of operation per calendar year.
2. All lighting shall be directed away from and shielded from adjacent residential areas.
3. Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the zoning administrator.
I. Circuses, Carnivals, Rodeos, Pony Riding (or Similar).
1. All such uses shall be limited to not more than fifteen days, or more than three weekends, of operation in any one-hundred-eighty-day period. To exceed this time limitation shall require the review and approval of a conditional use permit.
2. All such activities shall have a minimum setback of one hundred feet from any residential area. This requirement may be waived by the zoning administrator if no adverse impact would result.
3. Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the zoning administrator.
4. Restrooms shall be provided.
5. Security personnel shall be provided.
6. Special, designated parking accommodations for amusement enterprise workers and support vehicles shall be provided.
7. Noise attenuation for generators and carnival rides shall be provided to the satisfaction of the zoning administrator.
J. Model Homes. Model homes may be used as offices solely for the first sale of homes within a recorded tract subject to the following conditions:
1. The sales office may be located in a garage, trailer, or dwelling.
2. Approval shall be for a two-year period, at which time the sales office use shall be terminated and the structure restored back to its original condition. Extensions may be granted by the zoning administrator in one-year increments up to a maximum of four years or until ninety percent of the development is sold, whichever is less.
3. A cash deposit, letter of credit, or any security determined satisfactory to the city shall be submitted, in an amount to be set by city council resolution, to ensure the restoration or removal of the structure.
4. The sales office is to be used only for transactions involving the sale, rent, or lease of lots and/or structures within the tract in which the sales office is located, contiguous tracts, or a planned community. However, the planning commission may consider off-site model homes sales offices subject to the granting of a conditional use permit (see subsection K of this section).
5 Failure to terminate the sales office and restore the 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.
6. Street improvements and temporary parking at a rate of two spaces per model shall be completed to the satisfaction of the zoning administrator prior to commencement of sales activities or the display of model homes. The parking spaces may be off-street or on-street if not adjacent to occupied homes.
7. The model homes, sales office, and on-street parking shall be secured with a decorative fence and gate along the street front entrance that is kept locked during non-operating business hours.
8. 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 zoning administrator for security.
9. Flags, pennants, or other on-site advertising may be permitted as part of the temporary use permit.
K. Off-Site Model Homes. Off-site model home sales offices may only be permitted subject to the granting of a conditional use permit and in conformance with the following criteria:
1. A sales office within the model home complex may only be located within the dwelling itself, or within the garage. Trailers, modulars, or any similar temporary structure shall not be permitted.
2. Cash deposit, the amount to be determined by the zoning administrator, will be required upon issuance of the conditional use permit to ensure restoration of the model home sales office to its intended ultimate configuration.
3. Off-street or other parking within a paved lot or by some other means acceptable to the zoning administrator shall be provided at the ratio of two spaces for every model home and shall be located within the limits of the model home sales office. The provision of off-street parking is a necessary prerequisite for the granting of this permit, and its development shall be completed prior to the commencement of activities of display of model homes.
4. The hours of operation that the model home sales office may be open to the public for business shall be limited to between the hours of ten a.m. to six p.m.
5. All fences proposed in conjunction with the model home sales office shall be located outside of the public right-of-way.
6. Proposed, adequate on-site lighting shall be provided to ensure a safe and secure environment, while at the same time being designed and placed in such a manner as to prevent stray light or glare from becoming a nuisance factor for adjacent properties. The lighting design employed shall be of a low-level type of system (e.g., Malibu-style lighting). A detailed lighting plan shall be submitted for the review and approval of the zoning administrator prior to the commencement of activities or display of model homes.
7. The approval of this permit shall be for a one-year period, at which time the model home/sales office use shall be terminated and the structure(s) restored back to its (their) original condition. Time extensions may be granted by the planning commission up to a maximum of one year, or until ninety percent of the development is sold, whichever is less.
8. 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.
9. The individual elements of the model homes sales office (e.g., lighting, signing, fencing, hours of operation) shall be designed in a collective, coordinated manner to ensure a safe, secure, and aesthetic environment, sensitive to and compatible with the surrounding development.
10. The maximum time period for an off-site model home sales office is two years.
L. Trailer Coaches or Mobile Homes on Active Construction Sites. These are permitted as temporary living quarters for security personnel or a temporary residence of the subject property owner, subject to the following restrictions:
1. The zoning administrator may approve a temporary trailer for the duration of the construction project or for a specified period, but in no event for more than two years. If exceptional circumstances exist, a one-year extension may be granted; provided, that the building permit for the first permanent dwelling or structure on the same site has also been extended.
2. Installation of trailer coaches may occur only after a valid building permit has been issued.
3. Trailer coaches permitted pursuant to this section shall not exceed a maximum gross square footage of six hundred fifty square feet in size (tongue not included).
4. The trailer coach must have a valid California vehicle license and shall provide evidence of California Division of Housing approval as prescribed in the Health and Safety Code of the state of California. A recreational vehicle being defined as a motor home, travel trailer, truck camper, or camping trailer, with or without motor power, shall not be permitted pursuant to this section.
5. 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. (Ord. 2020-002 § 27, 2020; Ord. 2015-002 § 3 (Exh. 1)(part), 2015)