Chapter 18.94 — Temporary Use Permits

Sections:

18.94.010 – Purpose and Intent 18.94.020 – Definition 18.94.030 – Applicability 18.94.040 – Exempt Temporary Uses 18.94.050 – Allowed Temporary Uses 18.94.060 – Application Filing and Processing 18.94.070 – Director Review 18.94.080 – Findings and Decision 18.94.090 – Conditions of Approval 18.94.100 – Condition of Site Following Temporary Use

• 18.94.110 – Post Decision Procedures

The purpose of this chapter is to allow for short-term activities compatible with adjacent and surrounding uses when conducted in compliance with this chapter.

A temporary (short-term) land use activity is a land use that is interim, non-permanent, and/or seasonal in nature, and lasting a short period of time, generally not more than 30 consecutive days but in no event longer than 365 consecutive days.

• A. Short-Term Activities. A Temporary Use Permit allows short-term activities which 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 categories of temporary land uses identify the level of permit required, if any, based on the proposed duration, size, and type of use: exempt and allowed. Allowed uses are further differentiated by length of time the use is in operation.

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 provisions related to allowed temporary uses.

A. Construction Sites – On-Site.

1. On-site contractors' construction/storage uses, in conjunction with an approved construction project on the same parcel. One adult caretaker may be present during nonconstruction hours.

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2. 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. Publicly Owned Property. Events conducted on publicly owned property, subject to the approval of a Special Event Permit under the Municipal 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 the specified time limits and conditions of approval. No Temporary Use Permit shall be issued if another temporary use has occurred on the subject property within the previous 30 days (whether by the same applicant or otherwise).

• A. Contractors’ Construction Sites – Off-Site. 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. Allowed Temporary Uses

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, petting zoos, rodeos, rummage sales (not garage or yard sales), and swap meets limited to six consecutive days or less within any 30-day period, or six twoday 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.

2. Outdoor display and sale events conducted by a retail business, including auto dealerships, holding a valid business license, issued in compliance with Municipal Code Chapter 5.04 may be allowed a maximum of six outdoor sale events (excluding Citysponsored activities). 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. Seasonal sales (i.e., Halloween pumpkin sales and Christmas tree sale lots), issued in compliance with the provisions in Municipal Code Chapter 5.04; provided, the length of the activity may not exceed 45 days in any 365-day period (e.g. from October 1st through October 31st of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 26th of the same year for Christmas tree sales).

4. 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, educational, 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.

5. Temporary uses on the same lot shall be separated by at least 30 days. Additional time shall be added in between Temporary Use Permits at the discretion of the Director.

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• C. Temporary Residential Real Estate Sales Offices. One temporary real estate office may be located in any approved residential subdivision located within any residential or mixed use zone.

  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 no later than 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. Other Similar Temporary Uses. Similar temporary uses which, in the opinion of the Director, are compatible with the subject zone and surrounding land uses.

• 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 standard application processing procedures). It is the responsibility of the applicant to provide evidence to support the required findings

  2. The application shall be filed with the Department at least 45 days before the date that the proposed temporary use is scheduled to take place.

B. Types of Temporary Use Permits.

1. Minor Temporary Use Permit. Permit for use lasting from one to six days.

2. Administrative Temporary Use Permit. Permit for use lasting from seven to 30 days. The days maybe consecutive.

3. Major Temporary Use Permit. Permit for use lasting from 31 to 365 days. The days maybe consecutive.

• 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.

• A. Director Action. The Director may take action on a Temporary Use Permit for a temporary use operated in compliance with conditions of approval as follows:

  1. A Minor Temporary Use Permit may be approved administratively without notice or hearing.

  2. An Administrative Temporary Use Permit may be approved administratively by the Director, with notice provided to abutting property owners.

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3. A Major Temporary Use Permit may be approved after notice and hearing to adjacent property owners by the Director. The Director may defer action and refer the application to the Commission for review and final decision.

• B. Referral of Application. Each Temporary Use Permit application shall also be referred, as needed, to the Chief of Police, Fire Marshal, Building Official, Environmental Health Official, Public Works Director, or their designees, for their recommendations for approval, modification, conditions, or denial in compliance with their respective entitlements and regulations.

• A. Decision. 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. A Temporary Use Permit application may be approved, with or without conditions, only after all of the following findings are made:

  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.

• A. Applicable Standards . The standards for parking, automobile and delivery truck ingress and egress, structure setbacks, heights, landscaping requirements, and other structure and property development standards which apply to the category of use or the zone of the subject property shall be used as a guide for determining the appropriate development standards for temporary uses. The Temporary Use Permit may authorize variation from the specific requirements as may be appropriate, so long as variations do not negatively impact adjoining properties to an unacceptable level.

• B. May Impose Conditions. In approving a Temporary Use Permit application, the Review Authority may impose conditions deemed reasonable and necessary to ensure approval will comply with the required findings.

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• C. Appropriate Conditions. 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;

  5. 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.

• A. Removal of Evidence. Each site occupied by a temporary use shall be cleaned of all temporary structures, debris, litter, or any other evidence of the temporary use upon completion or removal of the use.

• B. Deposit Required. A security deposit shall be filed with the Director before initiation of any proposed temporary use for the purpose of defraying any cost of site clean-up by the City in the event the applicant fails to leave the property clean and free of debris associated with the approved temporary use. The amount of the security deposit shall be as specified in the Master Fee Schedule.

The procedures and requirements related to permit implementation and to appeals and revocation apply following the decision on a Temporary Use Permit application.

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