Chapter 8.108
TEMPORARY USE PERMIT

8.108.010 Purpose.

The purpose of this Chapter is to establish a procedure for approving minor temporary land uses that meet established development review standards and are acceptable because of their temporary nature. The permitted minor temporary land uses are those specified in Section 8.108.020 and other temporary land uses determined to be similar by the Director of Community Development. Rev. Ord. 21-10 (November 2010); Ord. 20-06 (November 2006); Ord. 17-99 (June 1999)

8.108.020 Uses Permitted with a Temporary Use Permit.

All Temporary Use Permits must conform to the following standards to be approved. No Temporary Use Permit may be renewed unless otherwise indicated by this Chapter.

A.    Arts and Crafts Fair. A temporary event offering for sale goods and merchandise which are handmade or hand-crafted items for sale by the original artist. Fairs may only be conducted when sponsored by a Dublin-based place of worship, school, neighborhood group, or nonprofit, nonrestrictive civic or service organization. Each individual Arts and Crafts Fair shall be limited to a maximum of 3 consecutive days, and no business may participate in more than 6 events during a one-year period, subject to standards established by the Director of Community Development.

B.    Automobile Dealership Promotional Tent Sales. A temporary event promoting auto sales. A Promotional Tent Sale shall be permitted subject to the following conditions:

1.    The duration of Automobile Dealership Promotional Tent Sales for any one dealership shall be limited to a maximum of 70 days per calendar year.

2.    Any single Promotional Tent Sale shall last no longer than 30 days.

3.    The total square footage of all temporary tents utilized during an Automobile Dealership Promotional Tent Sale at an auto dealership site at any one time shall be no more than 2,000 square feet.

4.    The location of temporary tents shall be subject to review and approval by the Planning Division, Building Division, Public Works Department, and Fire Prevention Bureau.

5.    No advertising or logos are permitted on any temporary tent canopy.

6.    No items shall be attached to any temporary tent.

7.    Promotional Tent Sales shall be subject to standards established by the Director of Community Development.

C.    Automobile/Vehicle Storage Lots. An Automobile/Vehicle Storage Lot (as defined in Section 8.08.020, Definitions) may be permitted as a temporary land use in C-2, General Commercial zoning districts or comparable PD, Planned Development Zoning Districts, for a period not to exceed six consecutive months. The Director of Community Development or his/her designee may allow for one three-month extension upon written request, submitted at least 14 calendar days prior to the expiration of the permit. The written request must include a reason for the extension other than to simply continue the use. Once a permit has expired, it shall not be renewed. A minimum waiting period of one (1) continuous year between permits is required. The storage of vehicles shall be limited to those vehicles belonging to an established Dublin-based business. The storage lot shall not be open to the public nor shall any sales transactions take place at the approved storage lot location. A maximum of one temporary use permit shall be granted per location. For the purposes of this subdivision, "location" shall refer to an address, a parcel, or a shopping center, whichever is larger, as determined by the Director of Community Development. A temporary use permit shall be denied if it is determined that the Automobile/Vehicle Storage Lot would eliminate parking required for another use pursuant to Chapter 8.76 of this Code. In no case shall an Automobile/Vehicle Storage Lot be established within 100 feet of a heavily traveled roadway. Whether a roadway is heavily traveled shall be determined by the Director of Community Development. The establishment and operation of the use must comply with all standards developed by the Director of Community Development.

D.    Carnival. An event intended to serve a public need by providing a community service or special entertainment event for the Dublin community which is normally only provided as a temporary and/or seasonal activity. Each individual carnival event shall be limited to a maximum of 5 consecutive days, including setup and breakdown, and no business or sponsor may participate in more than 2 events during a one-year period, subject to standards established by the Director of Community Development.

E.    Christmas Tree Sales Lot. A Christmas Tree Sales Lot is permitted for a maximum of 60 days subject to standards established by the Director of Community Development.

F.    Construction-Related Temporary Uses. The following types of construction-related temporary uses may be permitted with approval of a Temporary Use Permit:

1.    Temporary Construction Trailer. A Temporary Construction Trailer located on a development site and utilized during construction may be permitted subject to standards established by the Director of Community Development, on the same premises.

2.    Temporary Storage Container. This use includes metal shipping containers used for the storage of materials. A temporary storage container associated with construction that meets all of the following conditions:

a.    Temporary storage container in conjunction with remodeling or reconstruction work at a project site with an active building permit and shall be located on the project site. For construction on a single parcel (not part of a larger development project), a Temporary Use Permit can be issued for a maximum of 90 days, with the option to renew at the Applicant’s request if the project still has a valid building permit and substantial progress is being made towards completion of the project. The Applicant may request a 90-day extension but must provide proof of recent building inspections or other demonstration of progress.

b.    Container must be located on private property, and may not be located in the public right-of-way.

c.    Container must be located on a paved surface.

d.    Container may be located in the rear yard.

e.    No more than one container per residential parcel is permitted.

f.    Construction-Related Temporary Storage Containers shall be subject to standards established by the Director of Community Development.

3.    Construction Equipment Storage Yard. A construction equipment storage yard includes both storage containers and construction equipment associated with construction on a commercial, industrial, or residential project site subject to the standards established by the Director of Community Development, on the same premises. A construction equipment storage yard shall be located on the project site.

G.    Farmers Market. An event offering for sale produce, food items, and related goods and merchandise by certified growers authorized to sell directly to consumers. Each individual Farmers Market shall be limited to one day per week subject to standards established by the Director of Community Development.

H.    Festival/Street Fair. Each individual Festival, Neighborhood/Place of Worship/School Festival, and Street Fair of a not-for-profit nature shall be limited to a maximum of 2 consecutive days and shall not occur in the same location more than 2 times a year, subject to standards established by the Director of Community Development.

I.    Newspaper Recycling Bin. A single Newspaper Recycling Bin used for the deposit and collection of newspapers by the general public may be permitted for a period not to exceed one year subject to standards established by the Director of Community Development, if sponsored by a Dublin-based bona-fide church, school, neighborhood group, or by a Dublin-based nonprofit, nonrestrictive civic or service organization if it is located on the site of a lawfully existing principal use. This permit may be renewed by means of another Temporary Use Permit.

J.    Office Trailer - Commercial. Occupancy of a commercial office trailer during the period of construction or remodeling of a permanent commercial or industrial structure(s), for which a valid building permit is in force, in any Commercial or Industrial zoning district subject to standards established by the Director of Community Development.

K.    Other Temporary Uses. A temporary land use that is not otherwise defined in this section, nor determined by the Community Development Director to be similar to any of the specific uses contained in this section, may be approved as a temporary use of land subject to the following conditions:

1.    The use is temporary in nature and would not exceed 30 calendar days.

2.    The use was not established by means of a Temporary Use Permit within the last six (6) months.

3.    The hours of operation are between: 9am and 9pm Monday through Friday; 9am and 11pm Saturday; and 9am and 6pm Sunday. Event set-up may begin no earlier than 8am. Loudspeakers or amplified music shall be limited to between 10am and 9pm Monday through Saturday.

4.    The use would be compatible with the surrounding area and the Zoning District in which it is located.

5.    The use complies with the standard conditions established by the Community Development Director.

L.    Outdoor Event by an Established Business. An Outdoor Event shall be limited to a maximum of 4 consecutive days, with a maximum of 2 such events during a calendar year. Outdoor Events are distinguishable from Outdoor Sales by Established Businesses in that Outdoor Events do not involve the commercial sale of merchandise, but are promotional in nature or for charitable or fundraising purposes. Examples of Outdoor Events by an Established Business include car shows hosted by non-auto-oriented businesses or similar events.

M.    Outdoor Sales by an Established Business. Each individual Outdoor Sale by an Established Business shall be limited to a maximum of 4 consecutive days, with a maximum of 6 such events during a calendar year. A minimum waiting period of 3 consecutive calendar days between Temporary Use Permits is required. Each outdoor Sales event by an established business shall be subject to standards established by the Director of Community Development. Parking lot sales shall not utilize more than 10% of the required parking for the business.

N.    Outdoor Skating Rink. An outdoor skating rink may be permitted subject to the following conditions:

1.    Maximum of 60 operational days per calendar year plus one week for setup and one week for removal.

2.    Outdoor skating rink shall not utilize more than 10% of the required parking for the business where the outdoor skating rink is located.

3.    Outdoor skating rinks shall be subject to standards established by the Director of Community Development.

O.    Pumpkin Sales Lot. A Pumpkin Sales lot is permitted for a maximum of 60 days subject to standards established by the Director of Community Development.

P.    Similar Uses. A use that is, in the determination of the Community Development Director, similar to any of the specific uses contained in Section 8.108.020, temporary in nature, and is compatible with the surrounding area and the Zoning District in which the use is located. Such similar uses shall also be subject to any provisions applicable to the specific use contained in Section 8.108.020.

Q.    Storage Container (Nonresidential). This use includes metal shipping containers used for the storage of materials, and does not include containers associated with construction or located in a Residential Zoning District. The permit may be for one container per business or parcel for no more than one year subject to standards established by the Director of Community Development and may be renewed by means of another Temporary Use Permit. Letters must be submitted certifying that the Alameda County Department of Environmental Health, the Alameda County Fire Department and appropriate City Departments have given approval of the materials stored and the methods used before the permit will be issued.

R.    Storage Container (Residential). This use includes metal shipping containers used for the storage of materials, and does not include containers associated with construction. A Temporary Storage Container may be permitted for a maximum time period of 30 days per calendar year if used for the purposes of storing materials relating to home improvement projects that do not require a building permit. This Temporary Use Permit is subject to the following conditions:

1.    Container must be located on private property, and may not be located in the public right-of-way.

2.    Container must be located on a paved surface.

3.    Container may be located in the rear yard.

4.    No more than one container per residential parcel is permitted.

5.    Construction-Related Temporary Storage Containers shall be subject to standards established by the Director of Community Development.

S.    Temporary Mobile Home/Manufactured Home. Occupancy of a Mobile Home/Manufactured Home during the period of construction of permanent living quarters for which a valid building permit is in force, on the same premises, subject to standards established by the Director of Community Development in any Agriculture or Residential zoning district.

T.    Tract and Sales Office/Model Home Complex. This use includes tract and sales offices and model home complexes within approved developments, and accessory signs, landscaping, and parking facilities. This temporary use is in effect during the period of construction and original sale of the buildings or lots in a new development subject to standards established by the Director of Community Development. Rev. Ord. 12-11 (October 2011); Ord. 21-10 (November 2010); Ord. 20-06 (November 2006); Ord. 16-04 (April 2004); Ord. 16-02 (October 2002); Ord. 17-99 (June 1999)

8.108.022 Type of Temporary Use Permits: Major and Minor.

A.    Major Temporary Use Permit. Any Applicant seeking a Temporary Use Permit for any temporary use listed in Section 8.108.020 that, due to its size, location, or hours of operation, requires City of Dublin Staff to be on site during the event or duration of the temporary use, to monitor the event in some way, or to conduct inspections not covered through another permit shall be required to obtain a Major Temporary Use Permit. Examples of temporary uses requiring a Major Temporary Use Permit include an event which draws so many participants that lanes of traffic are closed and safety personnel are required to be on hand to direct traffic into parking areas.

B.    Minor Temporary Use Permit. All other types of Temporary Uses listed in Section 8.108.020 shall be required to obtain a Minor Temporary Use Permit. Rev. Ord. 21-10 (November 2010)

8.108.024 Minor Use Permit.

A Minor Use Permit may be applied for to deviate from a standard for any temporary land use contained in Section 8.108.020. Ord. 12-11 (October 2011)

8.108.030 Application.

The Applicant shall submit a complete application pursuant to Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee, written description of the proposed temporary use with hours and duration of operation, the written authorization by the property owner, and a diagram of the proposed temporary use (including pedestrian and automobile circulation) and other information as may be required by the Director of Community Development. The Director of Community Development will determine whether the Temporary Use Permit is major or minor for the purposes of fee payment. Rev. Ord. 21-10 (November 2010)

8.108.040 Approval.

The Director of Community Development or his/her designee may approve a Temporary Use Permit upon finding that the project meets all standards established by the Director of Community Development for that permit, including but not limited to compliance with applicable requirements of the State of California, review and approval by City Departments, compliance with other local codes and ordinances, and meets the requirements of this Title on forms approved by the Director of Community Development. Rev. Ord. 21-10 (November 2010)

8.108.050 Expiration of Temporary Use Permit.

A Temporary Use Permit shall expire upon the date shown on the stamped approved diagram and/or written statement accompanying the application. Rev. Ord. 21-10 (November 2010)