Division 8 — TEMPORARY USES

The temporary use permit is established because certain temporary activities may be appropriate at specific locations, but would be inappropriate on a permanent basis. The intent of the temporary use permit is to provide for such temporary activities. It is further the intent to avoid incompatibility between such temporary uses and the surrounding area by regulating such short term land use activities to prevent or mitigate adverse effects associated with or resulting from such temporary uses. The maximum period for any temporary use permit shall be one (1) year, unless otherwise indicated in section 9678.1.

(Ord. No. 07-343, § 1, 2-28-2007)

The following uses require a temporary use permit:

A.

Temporary structures such as model homes, real estate sales offices, construction trailers and mobile homes used as residence during construction. These structures are allowed up to one (1) year during the construction of a project when a valid building permit is in force.

B.

Seasonal sales lots such as Christmas tree and pumpkin lots are allowed for up to three (3) months.

C.

Non-profit or community special events such as carnivals, fairs and festivals and other similar events conducted by or for a recognized nonprofit or charitable community group not over seventy-two (72) consecutive hours.

D.

Outdoor sales and special events by existing businesses in the city including parking lot sales. Only merchandise customarily sold on the premises by an existing established business shall be displayed and sold. Such events shall not exceed six (6) calendar days or two (2) events per calendar year.

E.

Storage of materials incidental to the carrying on of a City of Agoura Hills public works project.

F.

Motion picture filming not exceeding seven (7) consecutive days.

G.

Temporary parking on undeveloped adjacent lots.

H.

Recreational, cultural or civic uses that are community service oriented and benefit the community as a whole may be permitted for periods longer than one (1) year subject to approval of the planning commission.

I.

Other temporary uses, which in the opinion of the director, are compatible with the intent and purpose of this chapter.

(Ord. No. 142, § 8, 12-9-87; Ord. No. 217, § 1, 8-26-92; Ord. No. 07-343, § 1, 2-28-2007)

Applications for a temporary use permit shall conform to the following:

A.

Application—Filing. Any person desiring a temporary use permit may file an application with the director, except that no application shall be filed or accepted if final action has been taken within six (6) months prior thereto by either the director or the planning commission to deny an application for the same or substantially the same permit.

B.

Application—Contents. An application for a temporary use permit shall include the following information and documents:

1.

The name and address of the applicant and the operator of the temporary use, if different, and if any persons designated by the applicant as his agents for service of process;

2.

The name and address of all persons owning a possessory interest in any or all of the property to be used for the temporary use;

3.

Evidence that the applicant of a temporary use permit:

a.

Is the owner of the lot or parcel of land involved; or

b.

Has written permission of the owner or owners to make such application;

4.

The location of the subject property (address or vicinity);

5.

The legal description of the subject property involved;

6.

The legal name of the organization that is conducting or sponsoring such temporary use and such other material as may be necessary to determine eligibility to file;

7.

The precise nature of the temporary use requested;

8.

A site plan of the proposed temporary use drawn to a scale satisfactory to, and in the number of copies prescribed by the director, indicating:

a.

The area and dimensions of the proposed temporary use site;

b.

The location, area and hours of operation for each activity associated with the temporary use permit;

c.

The locations and dimensions of all existing and proposed temporary buildings and structures including roads, streets, highways, parking and loading facilities, and signs, on the site where the temporary use is requested;

d.

The location of all existing roads intended to provide access to major or secondary highways and parkways;

9.

The operating practices proposed to be used by the operator to mitigate noise, dust, contaminants, garbage, and vibration associated with and as a result of the proposed temporary use;

Evidence that other permits and approvals required in compliance with the provisions of other applicable ordinances have been applied for or secured;

11.

Such other information as the director may require. The director may waive the filing of one (1) or more of the above items where unnecessary to process the application of a temporary use permit.

C.

Additional information. In addition to the information required in the application, the applicant for a temporary use permit shall substantiate to the satisfaction of the director the following facts:

1.

That the operation of the requested use at the location proposed, and within the time period specified, will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare;

2.

That the proposed site is adequate in size and shape to accommodate such temporary use without material detriment to the use, enjoyment or valuation of the property of other persons located in the vicinity of the site;

3.

That the proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use will or could reasonably generate.

D.

Fees required. When a temporary use permit application is filed, it shall be accompanied by the filing fee as required by city council resolution.

E.

Directors findings and determination. The director shall not approve an application for a temporary use permit unless the director finds that the information set forth above is true. In addition, the director shall also find:

1.

That adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at acceptable alternative locations.

2.

That approval of a temporary use permit will not result in the use of a lot or parcel of land for a cumulative time period in excess of the maximum time period such temporary use may be authorized during any twelve-month period. The director shall deny an application for a temporary use permit where the information submitted by the applicant or otherwise obtained fails to substantiate such findings.

F.

Conditions of issuance.

1.

In approving an application for a temporary use permit, the director may impose such conditions as he deems necessary to insure that the permit will be in accord with the findings required by this section. These conditions may involve any pertinent factors affecting the operation of such temporary event or use including, but not limited to:

a.

Requirement of temporary parking facilities including vehicular access and egress;

b.

Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, garbage and heat;

c.

Regulation of temporary buildings, structures and facilities including placement, height and size, limitations on commercial rides or other equipment permitted, the location of open spaces including buffer areas and other yards, and signs;

d.

Regulation of operating hours and days including limitations on the duration of such temporary use to a shorter time period than the maximum period authorized;

e.

Requirement of a performance bond or other surety to assure that any temporary facilities or structures used for such proposed temporary use will be removed from the site within forty-eight (48) hours following such event and the property will be restored to its original and neat condition. The director may designate a different time period and/or require cleanup of additional surrounding property at his discretion;

f.

Requirement of a site plan indicating all details and data as prescribed in this article;

g.

Requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of other ordinances and other public agency requirements;

h.

Such other conditions as will ensure that the operation of the proposed temporary use will be an orderly and efficient manner and in accord with the intent and purposes of this article.

2.

In addition to such other conditions as the director may impose, it shall also be deemed a condition of every temporary use permit, that such approval shall not authorize the construction, establishment, alteration or enlargement of any permanent building, structure or facility.

G.

Parking facilities; conditions.

1.

In the granting of a temporary use permit, the director may authorize the temporary use of parking and related facilities established to serve permanent uses as follows, provided that such temporary usage is specifically authorized by the permit:

a.

Joint usage of required automobile parking facilities established to serve a permanent use, provided owner or occupant of the permanent use or his authorized legal representative submits written consent, and it is determined by the director that such joint utilization will not have a substantially detrimental effect on the surrounding area;

b.

Temporary occupation by a temporary use of a portion of parking facilities or structures established to serve a permanent use provided the owner or occupant of such use or his authorized legal representative submits written consent, and it is determined that such joint utilization will not have a substantially detrimental effect on the surrounding area.

2.

The temporary reduction in required parking for such permanent use shall not be construed to require a variance with respect to the parking requirements of this article.

H.

Appeals. An applicant or any interested person may file and appeal of the director's decision with the planning commission within ten (10) calendar days of the rendering of such decision.

I.

Revocation. A temporary use permit may be revoked pursuant to section 9679.

(Ord. No. 07-343, § 1, 2-28-2007)