§ 33-1533 - (T) Retail vending machines. — Escondido Zoning Code

(2) The director of community development is authorized to permit additional retail items to be displayed outdoors if it can be determined that the use is consistent with the purpose of this article.
- (3) All outdoor displays shall be subject to the issuance of an outdoor display permit. Prior to the issuance of an outdoor display permit, an application shall be submitted and approved by the planning department. Outdoor display permits shall be valid for a maximum of one year from the date of issuance; provided, that the permit shall be extended automatically for an additional year unless written notice of termination is given to the permittee no less than 30 days prior to the expiration of the permit.
(b) Temporary outdoor sales. All retail items proposed for temporary outdoor sales will be reviewed for consistency with the purpose of this article on a case-by-case basis through the temporary use permit process as discussed in section 33-1536.
- (1) Merchandise displayed or sold must be customarily sold on the premises. All such sales shall be conducted by a business located on and conducting business within a building on the property upon which the temporary use is proposed.
- (2) All temporary outdoor sales shall be subject to the issuance of a temporary use permit. A temporary use permit can be issued for multiple events on the same site for the length of time specified under section 33-1534(c)(1) and shall be valid for no longer than one year from the date of issuance; provided, that the permit shall be extended automatically for an additional year unless written notice of termination is given to the permittee no less than 30 days prior to the expiration of the permit.
(c) Temporary uses as permitted and regulated by this article.
- (1) The following some short-term activities and events can be approved with a temporary use permit.
  - (A) Amusement, entertainment or recreation activities or events, often upon payment of a fee, or nonprofit or government entity-sponsored, including concerts, carnivals, attractions, circuses, fairs, festivals, and amusement rides.
  - (B) Animal displays.
  - (C) Historical re-enactments.
  - (D) Special temporary seasonal sales such as Christmas trees, wreaths, pumpkin retail sales or similar sales are limited to the period of time around the holiday.
  - (E) Temporary health care structures.
  - (F) Temporary modular school classrooms.
  - (G) Temporary structures and tents for social or religious groups for services.
- (2) Some short-term activities and events can be approved through the issuance of a special temporary use permit or agreement, as provided herein.
  - (A) Community gardens with an agricultural operations permit.

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City of Escondido, CA § 33-1533

ZONING

§ 33-1533

(B) Donation bins through an administrative permit, subject to section 33-694.
(C) Off-site staging areas or off-site storage yards with a city agreement.
(D) Real estate model homes and/or sales offices with a model home permit/ agreement.
- (E) Roadside sales of agricultural products with an agricultural operations permit, subject to section 33-1534(e).
- (F) Special events on public property as defined by Article 4 of Chapter 16 with a special event permit.
(3) Some short-term activities and events can be authorized without additional or special zoning clearances (i.e. otherwise exempt from needing a temporary use permit or special temporary use permit or agreement).
- (A) Activities of an organization which is receiving governmental grant funds to be used for public or community purposes when holding an event less than three days in duration for the purpose of raising funds to supplement the governmental grant funds and to support the public or community purpose for which the grant funds were received.
- (B) City, state, federal, school district, community college district or other public agencies' event when conducted wholly on that agency's public property or with the consent of another public property owner and which will not require public road closures or significantly impact on traffic on adjacent public streets.
- (C) Garage or yard sales conducted at the same residential location more than four times per year, subject to section 16-116 of Article 2 in Chapter 16 of the Municipal Code.
- (D) Groundbreaking, ribbon-cutting, or similar initiation event for an active or completed construction project for not more than one day conducted wholly on the same site as the project.
- (E) Homeowners association events for not more than one day conducted wholly in common areas within the boundaries of the association and which do not impact public streets or other public facilities.
- (F) On-site staging of construction equipment or trailers necessary for a specific aspect of a construction project. On-site storage yards shall screen storage of construction equipment, vehicles, and/or excavated materials to the extent practicable for the duration of the construction project, not to exceed 15 calendar days before project commencement and 15 days after task completion. A copy of the active construction permit, or permit number, is required.
- (G) Outdoor fire sales (duration not to exceed three calendar days) for a business with an active business license, for the site where the fire occurred.
- (H) Portable on-site storage and cargo containers, subject to Article 36.
- (I) Temporary dumpsters for the sole purpose of collecting and removing refuse or excavated material generated from the same property of the dumpster location,

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City of Escondido, CA

ESCONDIDO CODE

§ 33-1533

§ 33-1534

associated with an active grading or building permit. A copy of the active construction permit, or current permit number, is required.

(4) Other temporary uses that are not specifically listed in the zoning code. The director of community development at his/her discretion may determine whether such use should be authorized and regulated by this section. This determination shall be based on the similarities and differences with those listed uses and an assessment of the proposed temporary use's compatibility with the zoning district and the surrounding land uses. Those uses and activities which do not fit within the criteria for a temporary use permit shall be addressed through a plot plan, minor conditional use permit, or other type of permit identified by the Zoning Code; or be expressively prohibited as an authorized land use activity.
- (5) Approval of any type of permit addressed within this article that authorizes a temporary use for a specific time period does not waive the permit holder from obtaining other city, state, or federal permits or licenses, which may also be required as determined by the appropriate regulatory agency.
(Ord. No. 2020-07, § 6, 5-6-20)