SEC. 205.5. TEMPORARY USES: INTERIM ACTIVITIES ON DEVELOPMENT SITES.

(a) Upon the satisfaction of the requirements in this Section 205.5, an Interim Activity, as defined below, may be authorized as a temporary use on a legal lot that is subject to a Development Project, in any district other than a Residential District, for an initial period not to exceed 36 months (“Initial Period”).

(b) Definitions. For purposes of this Section 205.5, the following definitions shall apply:

“Development Project” means a project for which a development application and any associated fees have been submitted and accepted to obtain all required land use entitlements and permits, including any environmental review, for a project that proposes to demolish an existing structure or work that is tantamount to demolition, as defined in Section 317, or a project that proposes sufficient changes to the site such that the Director determines Interim Activities are appropriate.

“Interim Activity” means any Arts Activities Use; any Entertainment, General Use; and/or any Use Principally Permitted in the subject zoning district. For sites where the Development Project will construct Affordable Housing Project(s) as defined in Section 315, Interim Activity shall include any Private Parking Garage, Public Parking Garage, Private Parking Lot, Public Parking Lot, Vehicle Storage Garage, and Vehicle Storage Lot.

(c) Application. The property owner or the property owner’s authorized agent (“Applicant”) shall submit an application for temporary use to the Planning Department, on a form prepared by the Planning Department. The application shall be accompanied by the applicable fees pursuant to Planning Code Section 350 and shall include an affidavit signed by the Applicant and, as applicable, each tenant occupying any portion of the eligible site for the Interim Activity, or each tenant’s authorized agent, acknowledging that the use of the eligible site for the Interim Activity is temporary and subject to the time limits set forth in this Section 205.5 and acknowledging that the Applicant has to pay any outstanding fees, invoices, or penalties owed to City agencies, and is in compliance with all requirements of the Municipal Code, including any requirements to file Updates to Institutional Master Plans and abate any Code or Building Code violations. The Applicant shall not be required to pay additional fees set forth in Article 4 of the Planning Code as a prerequisite to obtaining temporary use authorization pursuant to this Section 205.5.

(d) New, Additional, or Modified Temporary Uses. New, additional, or modified temporary uses that were not previously approved by the Planning Director shall be reviewed through the filing of a new application and submittal of a new application fee.

(e) New Tenants. Additional or different tenants (each a “New Tenant”) may commence occupancy within and use of the eligible site in question without additional applications or fees, provided that each New Tenant submits a completed affidavit to the Department attesting to the truthfulness and correctness of the previously submitted application and declaring that the New Tenant will not discontinue, add to, or modify the approved Interim Activity.

(f) Fenestration, Transparency, and Visibility Requirements. Construction proposed in connection with the Interim Activity shall not cause noncompliance or exacerbate existing noncompliance with respect to fenestration, transparency, or any other visibility requirement of Section 145.1 of this Code. Further, no film, adhesive, blinds, or other treatment may be applied to any existing fenestration.

(g) Extension of Initial Period. Upon the Planning Director’s or the Director’s designee’s determination that permits for the Development Project are being and have been diligently pursued, and that the Interim Activity has been consistent with public convenience, necessity, or the general welfare of the City, the Planning Director is authorized to permit the Interim Activity to exceed the Initial Period unless or until the applicant either withdraws the application for the Development Project, the entitlement for the Development Project expires, or construction of the Development Project commences.

(Added by Ord. 35-20, File No. 190355, App. 3/6/2020, Eff. 4/6/2020; amended by Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 116-25, File No. 250540, App. 7/17/2025, Eff. 8/17/2025)

AMENDMENT HISTORY

Division (b), “Interim Activity” amended; Ord. 136-21, Eff. 9/4/2021. Divisions (a)-(c), (e) amended; former divisions (f), (h), and (j) deleted; former divisions (g) and (i) amended as (f) and (g); Ord. 116-25, Eff. 8/17/2025.