Chapter 16.40 — TEMPORARY USES AND STRUCTURES

Chapter 16.40 - TEMPORARY USES AND STRUCTURES

16.40.010 - General provisions.

A.

The uses described in this chapter shall be permitted in designated zoning districts, as outlined in Appendix A: Regulation of Uses by Zoning District, and subject to the issuance of a Temporary Use Permit. Chapter 16.80 of this Development Code contains provisions for the issuing of Temporary Use Permits.

B.

All temporary uses are subject to time limits.

C.

All temporary uses shall be subject to the following, where applicable:

1.

The valid Temporary Use Permit shall be prominently displayed in a manner to be visible at all times from the exterior of the permitted structure or vehicle associated with the use.

2.

Installation of a permitted temporary structure or vehicle shall comply with all requirements and regulations of the Municipal Code, Health Department, and applicable state and federal agencies.

D.

All temporary uses shall be subject to inspection and approval by the Building Official prior to issuance of a Temporary Use Permit.

E.

A plot plan shall be submitted to the City for any temporary use. This plot plan shall indicate at least the following:

1.

The boundaries of the site on which the temporary use is proposed;

2.

Proposed access, including the type and location of any proposed traffic control devices or persons;

3.

The location of all proposed uses, including all fences, structures, and vehicles to be used as part of the operation of the temporary use;

4.

The location and size of any proposed utility service;

5.

The method of providing toilet facilities, including the location and type of any portable toilets.

F.

All temporary uses shall be required to post a bond in an amount sufficient to restore the site of the temporary use to its pre-existing condition and to allow compliance with all applicable codes.

(Ord. 68 § 9.75.010, 1995)

Editor's note— Ord. No. 235, § 4, adopted March 9, 2010, repealed § 16.40.020, which pertained to Halloween pumpkins/Christmas tree sales facilities and derived from Ord. No. 68, § 9.75.020, 1995.

Temporary real estate offices, to be used solely for the first sale of homes or the first rental of apartments in projects of twenty (20) or more units within the same development, may be established within the area of an approved tentative tract subject to the provisions of this section.

A.

Permitted Structures and Facilities.

1.

Model homes in compliance with the zoning regulations applicable to the properties that are being sold;

2.

Temporary sales office buildings;

3.

Garages, attached and detached, in compliance with the zoning regulations applicable to the properties that are being sold;

4.

Accessory buildings and structures in compliance with the zoning regulations applicable to the properties that are being sold;

5.

Temporary and permanent fencing, walks, and structural amenities;

6.

Temporary vehicle parking and maneuvering areas to provide off-street parking as necessary for employees and guests;

7.

Temporary vehicle accessways;

8.

Streets and driveways which will be part a permanent of the residential project;

9.

Recreational facilities which will be a permanent part of the residential project;

10.

Temporary playgrounds, parks, and other recreational amenities, provided they are clearly identified as "Temporary Facilities for Display Only."

B.

Any approving action shall include those conditions and requirements deemed to be necessary or advisable to protect the public safety and the general welfare and adequate guarantees that the structures and facilities will be removed or made consistent with applicable zoning regulations within ninety (90) days after the expiration of the permit. In addition to those findings required for the approval of an application, any approving action for a temporary real estate office shall also include the following findings:

1.

That the access, parking, and circulation facilities will not result in excess traffic congestion or traffic safety hazards;

2.

That the operation of the real estate office and associated activities will not conflict with adjacent and nearby residential uses.

C.

Time Limitation. A Temporary Use Permit application for a temporary real estate office may be approved for a maximum time period of two years from the date of approval. At the end of the two year period, the use must either be terminated or the permit reapplied for.

(Ord. 68 § 9.75.030, 1995)

16.40.040 - Temporary construction office.

A temporary construction office, used during the construction of a main building or buildings on the same site, shall be permitted subject to the following conditions. A temporary construction office may not be used as a sales office.

A.

The temporary office may consist of a manufactured home, commercial coach, self-contained recreational vehicle, mobile office, or modular structure, provided the structure or vehicle is erected or installed in accordance with California Building Code requirements for temporary construction offices.

B.

A temporary construction office shall be removed or shall be converted to a permitted use prior to the issuance of a certificate of use and occupancy for the main building or buildings. If construction is phased over a length of time, the permit may provide that certificates of use and occupancy may be issued for completed buildings.

C.

Not later than the granting of certificates of occupancy for the last buildings in a tract or phase, the temporary construction offices shall be removed (or converted into permanent structures, where permitted).

D.

If no construction activity is anticipated to occur for a period of forty-five (45) days or more, the temporary office shall be removed and the site maintained in a clean and orderly condition. This provision specifically applies to construction offices associated with the development of homes within custom lot sales subdivisions.

(Ord. 68 § 9.75.040, 1995)

(Ord. No. 225, § 3A, 6-9-2009)

Editor's note— Ord. No. 235, § 4, adopted March 9, 2010, repealed §§ 16.40.050 and 16.40.060, which pertained to special outdoor events and inflatable/floating devices and derived from Ord. No. 68, §§ 9.75.050, 9.75.060, 1995.