Sec. 30-254. - Authority. — Fontana Zoning Code

The Director of Planning or designee is authorized to approve or deny temporary use applications, and to impose reasonable conditions upon such approval. Conditions may include, but shall not be limited to, requirements for buffers and/or barriers; requirements for vehicular ingress, egress, and onsite traffic circulation; regulation of hours or other characteristics of operation; establishment of development schedules or time limits for performance or completion.

(Ord. No. 1906, § 59, 10-25-22)

Sec. 30-255. - Application.

(a)

Applications for a temporary use permit shall be filed with the Planning Division upon such forms and accompanied by such data, information and fees as may be required by the Planning Division, to ensure a full presentation of the facts.

(b)

Applications for model home(s), new homes sales trailer(s), and/or construction trailer(s) may be combined with a design review application. Such temporary uses shall be limited to office uses for the sale of new homes, or for the construction of permanent structure(s) on the site where the trailer is located or within the tract if new homes are being constructed. Any trailer approved under a temporary use permit or design review shall be removed within 15 days following the close of escrow for the last home within the tract or when the applicant for the temporary use permit no longer offers homes for sale in the tract; or in the case of construction of a building on site, receipt of a certificate of occupancy; or written notice of removal by the Director of Community Development. The criteria outlined in Section 30-255.7 shall apply to the submission of a combined application.

Sec. 30-256. - Types of temporary use applications and conditions.

A temporary use permit shall be required for the following activities and shall be subject to conditions established herein and any other additional conditions as may be prescribed by the Director of Planning. All such uses shall be subject to the sign regulations within Chapter 3 and zoning regulations within Chapter 30 of the Municipal Code.

(1)

Outdoor display of merchandise/parking lot and private sidewalk sales for businesses located within a commercially designated property are limited to six display periods per calendar year. Industrial designated parcels used for wholesale/retail are permitted up to a total of six such outdoor displays per parcel per calendar year. The display periods may run consecutively or be distributed throughout the year. Each display period shall be a continuous period of days not to exceed seven days in length. The temporary use permit shall be subject to the following conditions:

a.

The display of merchandise outside of a building shall be permitted only during the hours of operation of the store. All goods and merchandise shall be placed inside of the building following the close of the day's business, except as otherwise approved in writing by the Director of Planning.

b.

No merchandise or goods shall be placed upon or permitted to project into any street, public sidewalk, or public right-of-way, nor restrict or interfere with handicapped parking or access to the commercial establishment(s) on site. The temporary use permit may allow the temporary occupation of on-site private sidewalks, parking stalls and drive aisles, however adequate drive aisles and on-site circulation shall be maintained at all times for safe and functional ingress and egress, handicapped access to handicapped parking spaces, and emergency equipment access. Tent sale area shall be physically delineated between pedestrian access and vehicular access ways.

c.

Tents, canopies, awnings, covers or other temporary covering devices may be approved by the Director of Planning on a case-by-case basis only in conjunction with the outdoor display of merchandise/parking lot or private sidewalk sales. If a tent, canopy, awning, or other temporary covering device is approved, prior to its use or installation the applicant shall obtain a permit for said device from the Building Official and/or Fire Marshal. Said device shall be constructed and installed to comply with all safety requirements.

d.

This section shall not be construed to permit the permanent or temporary storage of goods or equipment when otherwise prohibited by other provisions in this chapter.

(2)

Outdoor art and craft shows and exhibits subject to not more than 15 days of operation or exhibition in any 90-day period.

(3)

Seasonal retail sale of agricultural products limited to periods of 90 days in a calendar year and when parking and access is provided to the satisfaction of the Director of Planning.

• A minimum of ten on-site parking spaces shall be provided with provisions for controlled ingress and egress to the satisfaction of the Director of Planning.

(4)

Religious, patriotic, historic, or other similar displays or exhibits within yards, parking areas, or landscaped areas, subject to not more than 15 days of display in any 90-day period for each exhibit.

(5)

Christmas trees or pumpkin and fireworks, and seasonal sales lots subject to the following guidelines and conditions:

a.

All such uses shall be limited to 30 days of operation per calendar year.

b.

All lighting shall be directed away from and shielded from adjacent residential areas.

c.

Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the Director of Planning.

(6)

Circuses, carnivals, rodeos, pony riding, special event tents, or similar traveling amusement enterprises are subject to the following guidelines and conditions:

a.

All such uses shall be limited to not more than 15 days, or more than three weekends, of operation in any 180-day period. To exceed this time limitation shall require the review and approval of a conditional use permit as prescribed in Division 12 of this article herein.

b.

All such activities shall have a minimum setback of 100 feet from any residential area. This may be waived by the Director of Planning if no adverse impacts result.

c.

Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the Director of Planning.

Restrooms shall be provided onsite.

e.

Security personnel may be required. The Police Department shall determine the level and type of security required.

Special, designated parking accommodating for amusement enterprise workers and support vehicles shall be provided.

g.

Noise attenuation for generators and carnival rides shall be provided to the satisfaction of the Director of Planning.

h.

The applicant shall be required to submit plans for approval of tents and site plan by the Building Official and/or Fire Marshal 90 days prior to the special event being held. The tent must meet all Uniform Building Codes and applicable City codes.

i.

Approval from the Police Department (PD) is required; moreover, finger printing through PD may be necessary.

(7)

Model homes may be used as offices solely for the first sale of homes within a recorded tract subject to the following conditions:

The sales office may be located in a garage, trailer, or dwelling.

b.

Approval shall be for a two-year period; at which time the sales office use shall be terminated and the structure restored back to its original condition. Extensions may be granted by the Director of Planning in one-year increments up to a maximum of four years or until 90 percent of the development is sold; whichever is less.

c.

A cash deposit shall be submitted to the City of Fontana, in an amount to be set by Council resolution, to ensure the restoration of removal of the structure.

d.

The sales office is to be used only for transactions involving the sale, rent, or lease of lots and/or structures within the tract in which the sales office is located, contiguous tracts, or a planned community. Notwithstanding the above, the Director of Planning may consider off-site model home sales offices subject to the granting of a minor use permit per Division 13 of this article herein. Where a legal, previously approved minor use permit exists, the minor use permit may be revised to incorporate other recorded tracts as needed.

e.

Failure to terminate sales office and restore structure or failure to apply for an extension on or before the expiration date will result in forfeiture of the cash deposit, a halt in further construction or inspection activity on the project site, and enforcement action to ensure restoration of structure.

f.

Street improvements and temporary parking at a rate of two spaces per model shall be completed to the satisfaction of the City Engineer and Director of Planning prior to commencement of sales activities or the display of model homes. The parking spaces shall be located within an off-street facility, except on-street parking may be permitted subject to the following conditions:

1.

The sales office, models, and on-street parking spaces shall be located at the end of a cul-de-sac street and coordinated with construction phasing such that there are no resident homeowners living in homes located adjacent to the gated, secured area of the street.

2.

The parking stalls shall be adequately striped and shall conform to City standards.

3.

Parking shall be permitted only within and on the project site. Parking along adjacent or perimeter streets (public or private) shall not be used to satisfy the model home sale parking requirement.

4.

Temporary landscaping, including minimum 48-inch box trees, shall be provided within the on-street parking area.

g.

All fences proposed in conjunction with the model homes and sales office shall be located outside of the public right-of-way, except where approved by the Director of Planning and City Engineer for security.

h.

Use of signs shall require submission of a sign permit application for review and approval by the Director of Planning.

(8)

Trailer coaches or mobile homes on active construction sites for use as a construction office or temporary living quarters for security personnel. The following restrictions shall apply:

a.

The Director of Planning may approve a temporary trailer for the duration of the construction project or for a specified period, but in no event for more than two years. If exceptional circumstances exist, a one year extension may be granted, provided that the building permit for the first permanent dwelling or structure on the same site has also been extended.

b.

Installation of trailer coaches may occur only after a valid building permit has been issued by the Planning Department.

Trailer coaches permitted pursuant to this section shall not exceed a maximum gross square footage of 650 square feet in size.

d.

The trailer coach must have a valid California vehicle license and shall provide evidence of State Division of Housing approval as prescribed in the Health and Safety Code of the State of California. A recreational vehicle being defined as a motor home, travel trailer, truck camper or camping trailer, with or without motive power, shall not be permitted pursuant to this section.

e.

The temporary trailer coach installation must meet all requirements and regulations of the County Department of Environmental Health Services and the Planning Department.

f.

Any permit issued pursuant to this section in conjunction with a construction project shall become invalid upon cancellation or completion of the building permit for which this use has been approved, or the expiration of the time for which the approval has been granted.

(9)

Tent, canopies, awnings and easy-ups associated with any retail sales event are prohibited unless engineering plans signed by a certified engineer demonstrate the tent, canopy, awning or easy-up meets all Building and Safety Division requirements.

(10)

Temporary storage containers for seasonal sales may be approved from October 31, until January 31 and not to exceed 90 days. Approval of a site plan exhibit shall be approved demonstrating adequate parking is provided.

(11)

Food trucks in accordance with Section 30-256.1.

(12)

Farmers market. A farmers' market may be conducted on private property or in the public right-of-way when allowed in the Form-Based Code land use districts, provided it carried on in accordance with the following limitations, and provided an approved temporary use permit is granted:

a.

The operation of the farmers market shall be conducted by a for-profit or nonprofit organization or by a local governmental agency.

b.

An established set of operating rules addressing the governance structure of the market, hours of operation, and days of the week, maintenance, and security requirements shall be permitted and approved under the minor use permit application and site plan.

c.

A temporary use permit, a master site plan, as well as the signed set of conditions of approval, shall be posted in a conspicuous place at the market site.

d.

The organization responsible for governing or operating the farmers market shall obtain a business license and shall post the business license in a conspicuous place at the site.

e.

At least 51 percent of the vendors displaying inventory of the products sold in each farmers market are selling fresh fruits and vegetables.

f.

Fifteen percent or fewer vendors are nonfood vendors (i.e. handmade crafts, art exhibits, informational booths, etc.)

g.

All market signage shall be submitted and approved under the temporary use permit.

h.

The organization governing or operating the farmers market shall provide access to adequate sanitary facilities, including restrooms and/or portable sinks and toilets.

Operation of the farmers market shall not obstruct the safe flow of vehicular or pedestrian traffic on or around the market site.

j.

The sale of, or consumption of, alcohol beverages on the market site is prohibited.

k.

The sale of second-hand merchandise is prohibited.

l.

Portable shelters (e.g.: EZ Up Shelters) with an area no larger than ten feet by ten feet are allowed in designated market areas. Any shelter larger than ten feet by ten feet must be approved under the temporary use permit application.

m.

Animals, other than law enforcement dogs and assistance animals for the disabled are not allowed on the market site.

n.

A commercial cannabis business shall not be permitted pursuant to this section.

o.

The Director of Planning shall have the authority to determine other market activities, in addition to those specifically listed in this article, which may be permitted, or conditionally permitted.

(13)

Temporary commercial buildings on active construction sites in the case of the reconstruction or remodeling of an existing commercial business. The following restrictions shall apply:

a.

The Director of Planning may approve a temporary commercial building for the duration of the reconstruction or remodeling project or for up to a maximum period of one year. If the Director of Planning determines that extenuating circumstances have occurred during construction, a one-year extension may be granted.

b.

A maximum of one temporary commercial building may be approved to operate a maximum of one business on the site. The business must be appropriately licensed, operating in compliance with all City rules, regulations, and codes, and must have been in operation prior to the start of construction.

c.

Installation of the temporary building may occur only after a valid building permit has been issued by the Building and Safety Department.

d.

The temporary building installation must meet all requirements and regulations of the County Department of Environmental Health Services and all applicable City departments and other regulating agencies.

e.

Temporary buildings installed under the provisions of this section shall be removed from the site within 14 calendar days of the completion of, and issuance of the Certificate of Occupancy for, the commercial building on the site.

f.

The temporary building shall not be installed on required vehicle parking and loading spaces as determined by Article XI, On-Site Parking and Loading Regulations. Vehicle parking spaces provided on the subject site in excess of the requirements of Article XI may be considered for the installation of the temporary building.

g.

The temporary building shall not obstruct access and/or drive aisles on the subject site.

h.

Signage for the business on the site shall be reviewed and approved through the temporary use permit and/or design review sign process.

(14)

Other uses and activities that may be needed on a temporary basis or similar to subsections (1) through (13) above as deemed appropriate by the Director of Planning.

(Ord. No. 1961, § 4(Exh. A), 1-28-25; Ord. No. 1969, § 4(Exh. A), 5-27-25; Ord. No. 1973, § 4(Exh. A), 10-28-25)

Editor's note— Ord. No. 1973, § 4(Exh. A), adopted Oct. 28, 2025, set out provisions intended for use as § 30-256(12). For purposes of classification, and at the editor's discretion, these provisions have been included as § 30-256(13) and renumbered the former § 30-256(13) as § 30-256(14).

Sec. 30-256.1. - Food truck temporary use permit.

(a)

Permit required. Except as otherwise provided by the City Code or state or federal law, a temporary use permit and business license is required for all food trucks, as defined herein, that operate within city limits. A food truck that operates without the required permit is subject to closure at any time. It shall be the responsibility of the applicant and/or food truck vendor to have the permit approval letter and business license on-site at all times during operation in city limits.

(b)

Exemptions.

(1)

Properly licensed lunch trucks servicing employees of legally established industrial businesses and employees of active construction sites. A business license is required for lunch trucks prior to operation.

(2)

Food trucks hired to cater for one-day private parties held on private property. A business license is required for catering businesses prior to operation.

(c)

Time of application. An application for a food truck temporary use permit must be submitted to the Planning Department in a complete form at least 60 calendar days in advance of the anticipated commencement date of the operation.

(d)

Term of permit. Temporary use permits under this section shall automatically expire one year from the date of issuance unless an earlier expiration date is noted on the permit. Renewal applications must be submitted 30 calendar days prior to expiration of the permit.

(e)

Operational requirements. Food trucks operating under this section shall meet all the following requirements:

(1)

Shall operate on legally compliant properties with industrial land use designations only and shall have a solid paved parking area adequate to accommodate the food truck, customer parking and vehicle circulation.

(2)

Shall not permit parking on the street or in the public right-of-way.

(3)

Shall not operate within 50 feet of a fire hydrant.

(4)

Shall not operate within any public driveway, drive aisle, or vehicular entrance or exit.

(5)

Shall not vend on any public street, public right-of-way, or public park.

(6)

Shall not store, park or leave any equipment overnight on any public street, public right-of-way, or park.

(7)

Shall vend only between the hours of 10:00 a.m. and 9:00 p.m.

(8)

Shall not display or set up tables and chairs.

(9)

Shall provide a trash receptacle for customer use.

(10)

Shall ensure the area is free from trash and debris at all times.

(11)

Shall not allow any items relating to the operation of the business to be placed anywhere other than in, on, or under the food truck (except for trash receptacles).

(12)

Shall not solicit or conduct business with persons in or on motor vehicles.

(13)

Shall not sell anything other than that which they are licensed to vend.

(14)

Shall not utilize sound amplification equipment, music, or live entertainment.

(15)

Shall not utilize any form of directional signage.

(16)

Shall operate in compliance with the Americans with Disabilities Act (ADA).

(f)

Application requirements. All food truck vendors shall obtain a food truck temporary use permit. Application materials shall include:

(1)

Detailed site plan (exhibit of proposed location) including the number of existing on-site parking spaces, location of parking spaces designated for the food truck(s), location of food truck(s), and the location of trash receptacles.

(2)

Notarized affidavit from the property owner(s) acknowledging the applicant's request and granting the applicant permission to park and vend at the location. If more than one food truck is proposed to operate at the same site, each food truck vendor shall submit a separate application and will be subject to the standards referenced in Section 30-256.1.

(3)

Proof of legal vehicle registration.

(4)

Business description to include hours of operation, items to be sold, number of employees, description of food truck including photos, number of parking spaces existing on the proposed site.

(5)

A copy of the County of San Bernardino Environmental Health Services Health Permit.

(6)

Business license. Upon obtaining the food truck temporary use permit, the applicant shall obtain a business license.

(7)

Cleanup and waste disposal plan to the City of Fontana, Environmental Code Compliance Department with the following information:

Grey water disposal site.

Fats, oils, and grease (FOG) disposal container.

c.

Fats, oils, and grease (FOG) disposal site.

d.

Trailer washdown site.

e.

Trash, recycle, and organic receptacles.

f.

Rubber mat to be placed underneath serving area.

(g)

Suspension; recission.

(1)

A food truck temporary use permit issued under this article may be temporarily suspended or permanently rescinded, at the Director of Planning's discretion, for any of the following causes: fraud or misrepresentation in the course of vending, fraud or misrepresentation in the application for the permit, vending in violation of any one or more of the provisions of this article, vending in a manner that creates a public nuisance or constitutes a danger to the public, or failure to pay the applicable business license tax.

(2)

Notice of the suspension or rescission of a food truck permit issued under this chapter shall be mailed, postage prepaid, to the holder of the food truck vendor permit at his or her last known address and the property owners on whose property the truck has been operating.

(3)

No person whose food truck permit has been rescinded pursuant to this article shall be issued a food truck permit for a period of two years following the date that revocation becomes final.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-257. - Approval.

Upon receipt of a complete application for a temporary use permit, the project will be reviewed by planning staff for the Director of Planning's approval.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-258. - Appeal.

The decision of the Director of Planning shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 4, herein.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

DIVISION 19. - HOME OCCUPATION PERMIT AND COTTAGE FOOD OPERATION Subdivision I. - Home Occupation Permit