§ 22.50

The following temporary uses are exempt from the requirement for a temporary use permit. Uses that do not fall within the categories defined below shall comply with section 22.50.030 (Allowed temporary uses).

(1)

Car washes. Car washes, limited to two days each month for each sponsoring organization. Sponsorship shall be limited to educational, fraternal, religious or service organizations directly engaged in civic or charitable efforts, on nonresidential properties.

(2)

Construction yards. On-site contractors' construction yards, in conjunction with an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit, authorizing the construction project.

(3)

Emergency facilities. Emergency public health and safety needs/land use activities.

(4)

Public property. Events that are to be conducted on public property, and which are approved by the council (e.g., annual civic events, educational demonstrations, etc.).

(5)

Similar temporary uses. Other temporary uses which, in the opinion of the director, are similar to those identified in this section.

(Ord. No. 02(1998), § 2, 11-3-98)

A use or activity that would require a conditional use permit under this title if established as a permanent use is not eligible for a temporary use permit and is not permitted as a temporary use under this chapter. The following temporary uses may be allowed subject to issuance of a temporary use permit by the director:

(1)

Car washes. Car washes, more than two days each month for each sponsoring organization. Sponsorship shall be limited to educational, fraternal, religious or service organizations directly engaged in civic or charitable efforts.

(2)

Construction yards. Off-site contractors' construction yards, in conjunction with an approved construction project. The permit shall expire upon completion of the construction project, or the expiration of the companion building permit, authorizing the construction project.

(3)

Events. Arts and crafts exhibits, carnivals, concerts, fairs, farmer's markets, festivals, food events, sidewalk sales, outdoor entertainment/sporting events and rodeos for a maximum of ten consecutive days, or six weekends, within a 12-month period.

(4)

Helipads. The temporary establishment and use of a helipad for up to three days.

(5)

Movie on-location filming activities. The temporary use of a specified and approved on-location site for the filming of movie(s). The director shall find that the approval will not result in a frequency of use likely to create incompatibility between the temporary filming activity and the surrounding area.

(6)

Outside displays/sales. The temporary outdoor display/sales of new merchandise (except as provided below) by an adjoining business or in connection with an event permitted by paragraph (c) of this section, in compliance with section 22.42.080 (outdoor display and sales). The display and/or sale of used merchandise or goods is prohibited except for a business located in the city that as part of the ordinary business operation sells used merchandise or goods.

(7)

Residence. A mobile home as a temporary residence of the property owner when a valid building permit for a new single-family dwelling is in force. The permit may be approved for up to one year, or upon expiration of the building permit, whichever occurs first.

(8)

Seasonal sales lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas) including temporary residence/security trailers, on nonresidential properties, for up to 30 days.

(9)

Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sale of homes. An application for a temporary real estate office may be approved for a maximum time period of one year from the date of approval.

(10)

Temporary structures. A temporary classroom, office or similar structure, including a manufactured or mobile unit, may be approved, for a maximum time period of one year from the date of approval, as an accessory use or as the first phase of a development project. An additional time period may be authorized with minor conditional use permit approval, in compliance with chapter 22.56 (Minor Conditional Use Permits).

(11)

Temporary work trailers. A trailer or mobile home used as a temporary work site for employees of a business:

a.

During construction or remodeling of a permanent commercial or manufacturing structure, when a valid building permit is in force; or

b.

Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.

A permit for temporary trailer(s) may be granted for up to one year.

(12)

Similar temporary uses. Other temporary uses which, in the opinion of the director, are similar and compatible with the zoning district and surrounding land uses.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 05(2002), §§ 1—3, 4-2-02)

Sec. 22.50.040. - Application filing, processing, and review.

An application for a temporary use permit shall be filed in compliance with chapter 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings required by section 22.50.060 (Action by the director), below. An application for a temporary use permit shall be made on a form prescribed by the director and filed with the department. The application shall be accompanied by the following:

(1)

Illustrations. Sketches or drawings, dimensioned and to scale, of sufficient size and clarity to show the following: size and location of the property, location of the adjacent street(s), location and approximate size of all structures on the site, signs, location and number of off-street parking spaces and drive aisles, location of entrances and exits and temporary fences or structures (e.g., canopies, lights, tents, trailers, etc.) to be installed as part of the temporary use; and

(2)

Statement of operations. A letter describing the hours of operation, days that the temporary use will be on the site, number of people staffing the use during operation, anticipated number of people using the facility during operation, and other information about the operation of the use that pertains to the impact of the use on the community or on adjacent uses.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.50.050. - Development standards.

Standards for setbacks, heights, floor areas, off-street parking, landscaping areas, and other structure and property development standards that apply to the category of use or the zoning district of the subject site shall be used as a guide for determining the appropriate development standards for temporary uses. However, the director may authorize an adjustment from the specific requirements as deemed necessary or appropriate.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.50.060. - Action by the director.

A temporary use permit may be approved, modified, conditioned, or disapproved by the director, without the requirement for a noticed public hearing. The director shall not approve, modified, or conditionally approved a temporary use permit application, for up to one year, unless all of the following findings can be made:

(1)

The establishment, maintenance or operation of the temporary use will not be detrimental to the public health, safety or welfare of persons residing or working in the neighborhood of the proposed use;

(2)

Approved measures for removal of the use and site restoration have been required to ensure that no changes to the site will limit the range of possible future land uses otherwise allowed by this Development Code; and

(3)

The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2005), § B, 3-15-05)

Sec. 22.50.070. - Post approval procedures.

(a)

General procedures. Procedures relating to appeals, performance guarantee, and revocation as identified in article V (Development Code Administration), in addition to those identified in chapter 22.66 (Permit Implementation and Time Extensions), shall apply following the approval of a temporary use permit application.

(b)

Condition of the site following temporary use. Each site occupied by a temporary use shall be cleaned of debris, litter, or other evidence of the temporary use on completion or removal of the use, and shall thereafter be used in compliance with the provisions of this Development Code. A bond may be required before initiation of the use to ensure cleanup after the use is finished.

(Ord. No. 02(1998), § 2, 11-3-98)

CHAPTER 22.52. - MINOR VARIANCES