§ 19.124

For purposes of this Chapter, a temporary (short-term) land use activity is defined as a land use that is interim, non-permanent, and/or seasonal in nature, and lasting from one to 30 days, and generally not more than 30 consecutive days in duration.

A.

Short-term activities. A Temporary Use Permit allows short-term activities that might not meet the normal development or use standards of the applicable zone, but may otherwise be acceptable because of their temporary nature.

B.

Categories of land uses. The following two categories of temporary land uses identify the level of permit required, if any, based on the proposed duration, size, and type of use:

1.

Exempt temporary uses. Exempt temporary uses are identified in Section 19.124.040 (Exempt Temporary Uses), below; and

2.

Allowed temporary uses and special events. Non-exempt temporary uses, including special events, shall require a Temporary Use Permit and are identified in Section 19.124.050 (Allowed Temporary Uses), below.

The following minor and limited duration 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 19.124.050 (Allowed Temporary Uses), below.

A.

Construction sites—On-site.

1.

On-site contractors' construction/storage uses, in conjunction with an approved construction project on the same parcel.

2.

One adult caretaker may be present during non-construction hours.

3.

The construction and/or storage use shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

B.

Emergency facilities. Emergency public health and safety needs/land use activities, as determined by the Director.

C.

Garage and yard sales. Garage and yard sales (i.e., personal property sales) conducted on residentially zoned property which shall be allowed only in compliance with Municipal Code Chapter 5.29 (Garage and Yard Sales).

D.

Publicly owned property. Events that are to be conducted on publicly owned property, are subject to the approval of the Director, and are sponsored by educational, fraternal, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.

The following temporary uses are allowed on private property, subject to the issuance of a Temporary Use Permit, and only when conducted in compliance with Section 19.124.090 (Conditions of Approval), below.

A.

Contractors' construction sites—Off-site. The temporary use of a site for an off-site contractor's construction, staging, or storage area(s). The permit may be effective for up to 180 days and extended in 180-day increments, with Director approval, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

B.

Special events.

1.

Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, farmer's markets, festivals, flea markets, food markets/events, outdoor entertainment/sporting events, rodeos, rummage sales (not garage or yard sales), and swap meets limited to 14 consecutive days or less, or six two-day weekends, within a 12-month period. When an annual plan is submitted to and approved by the Director, the frequency and duration of these special events may be extended.

Outdoor display and sale events conducted by a retail business, including auto dealerships, holding a valid Business License, issued in compliance with Municipal Code Section 5.04.020 (License Required), may be allowed a maximum of six outdoor sale events (excluding City-sponsored activities). For purposes of this Subsection, an outdoor sale event shall be no longer than seven consecutive days in duration. When an annual plan is submitted to and approved by the Director, the frequency and duration of these special events may be extended.

3.

Outdoor meetings and group activities/assemblies for seven consecutive days or less, within a 12-month period.

4.

Seasonal sales (i.e., Halloween pumpkin sales and Christmas tree sale lots), issued in compliance with Municipal Code Section 5.04.020 (License Required); provided, the activity may only be held from October 1st through October 31[st ] of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 26[th ] , of the same year for Christmas tree sales.

5.

Athletic events, parades, and public assemblies, occurring on or within the public rights-of-way or other publicly owned property.

6.

Car washes, limited to one event each month for each site, not exceeding three days in length, and prohibited within the residential zones of the City. Sponsorship shall be limited to charitable, educational, fraternal, religious, schools, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.

C.

Temporary residential real estate sales offices. One temporary real estate office may be located in any approved residential subdivision located within any residential zone in the City.

1.

The office shall be used only for the sale of residential property located within the subdivision in which the office is located.

2.

The temporary real estate office shall be removed at the end of two years following the date of the recording of the Final Map of the subject subdivision in which the office is located.

3.

If any parcels within the subdivision have not been sold at the end of the original two-year period, the Director may approve extensions for the continuation of the real estate office on a month-to-month basis.

D.

Temporary structures. A temporary classroom, office, or similar portable structure, including a

manufactured or mobile unit, may be approved, for a maximum time period of 12 months, as an accessory use or as the first phase of a development project, on sites located within the commercial, industrial, mixed-use, and research and development zones of the City.

E.

Temporary work trailers.

1.

A trailer or mobile home may be used as a temporary work site for employees of a business:

a.

During construction or remodeling of a permanent commercial, industrial, mixed-use, or research and development 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.

2.

A permit for temporary work trailer(s) may be approved for up to 12 months.

F.

Other similar temporary uses. Similar temporary uses that, in the opinion of the Director, are compatible with the subject zone and surrounding land uses.

19.124.060 - Application filing, processing, and review.

A.

Filing. An application for a Temporary Use Permit shall be filed with the Department in the following manner:

1.

An application for a Temporary Use Permit shall be filed and processed in compliance with Chapter 19.112 (Application Processing Procedures). The application shall include the information and materials specified in the Department handout for Temporary Use Permit applications, together with the required fee in compliance with the Planning Fee Schedule.

2.

The application shall be filed with the Department at least 30 days before the date that the proposed temporary use is scheduled to take place.

B.

Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 19.124.080 (Findings and Decision), below.

C.

Project review procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Chapter.

D.

Public hearing not required. A public hearing shall not be required for the Director's decision on a Temporary Use Permit application.

The Director may approve a Temporary Use Permit for a temporary use that would be operated in compliance with Section 19.124.090 (Conditions of Approval) below; or the Director may deny the application or defer action and refer the application to the Commission for review and final decision.

A.

Director's review. The Director shall review the application and shall record the decision in writing with the findings on which the decision is based.

B.

Required findings. The Director (or the Commission on a referral) may approve a Temporary Use Permit application, with or without conditions, only after first making all of the following findings:

1.

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

2.

The operation of the requested temporary use will not be detrimental to adjoining properties through the creation of excessive dust, light, noise, odor, or other objectionable characteristics;

3.

The proposed parcel is adequate in size and shape to accommodate the temporary use without detriment to the enjoyment of other properties located adjacent to and in the vicinity of the subject parcel;

4.

The proposed parcel is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate;

5.

Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the Director; and

6.

The applicant agrees in writing to comply with any and all of the conditions imposed by the review authority in the approval of the Temporary Use Permit.

19.124.090 - Conditions of approval.

A.

May impose conditions. In approving a Temporary Use Permit application, the Director (or the Commission on a referral) may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Section 19.124.080 (Findings and Decision), above.

B.

Appropriate conditions. These conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include the following:

1.

Fixed period of time;

2.

Operating hours and days;

3.

Temporary pedestrian and vehicular circulation;

4.

Regulation of nuisance factors;

Regulation of temporary structures;

6.

Litter, sanitary, and medical facilities;

7.

Waste collection, recycling, and/or disposal;

8.

Police/security and safety measures;

9.

Signs;

10.

Performance bond or other security;

11.

Limitations on alcoholic beverage sales;

12.

Compliance with applicable provisions; and

13.

Other conditions.

Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall continue to be used in compliance with this Development Code.

The procedures and requirements in Chapter 19.130 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 8 (Development Code Administration) shall apply following the decision on a Temporary Use Permit application.

Chapter 19.126 - VARIANCES AND ADMINISTRATIVE VARIANCES

Sections:

19.126.010 - Purpose.

A.

The purpose of this chapter is to ensure that:

1.

Variances and Administrative Variances are only approved when, because of special circumstances applicable to the property, the strict application of this Development Code denies the owner of the property privileges enjoyed by other property located nearby and in an identical zone;

2.

Specific findings are required and associated conditions are applied that would work together to guarantee that the Variance or Administrative Variance shall not constitute an approval of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zone in which the subject property is located; and

3.

The difference between a Variance and an Administrative Variance is that the Administrative Variance must specify the "...the kinds of variances which may be granted ... and the extent of variation which the ... adjustment may allow..." in compliance with Government Code Section 65901.

B.

Limitations.

1.

This chapter does not grant: the power to approve Variances and Administrative Variances does not extend to allowable land uses.

2.

Flexibility in allowable land uses is provided in Chapter 19.114 (Conditional Use Permits and Minor Use Permits).