Chapter 17.76 — TEMPORARY USE PERMITS

§ 17.76.010. Purpose. ¶

A temporary use permit provides a mechanism for administrative non-discretionary review and determination for proposed and qualifying short-term uses and activities to ensure that such activities are consistent with the objective standards of the General Plan and the provisions of this title.

(Ord. 17-04, 2017; Ord. 20-12 § 5, 2020Ord. 24-11, 12/3/2024)

§ 17.76.020. Temporary uses exempt from permit requirements. ¶

The following temporary activities and uses are allowed by right and expressly exempt from the requirement of first obtaining a temporary use permit, provided they conform to the City's development standards:

A. Construction yards, storage sheds, and construction offices (on site) in conjunction with an approved construction project where the yard, shed, and/or office are located on the same site as the approved project.
B. Emergency public health and safety facilities established by a public agency.
C. Entertainment and assembly events held within auditoriums, stadiums, or other public assembly facilities, provided the proposed use is consistent with the intended use of the facility.
D. Entertainment and assembly events as part of an allowed permanent use (e.g., race at a raceway).
E. Events held exclusively on City property and that are in conjunction with the City use.
F. Events held exclusively at a school site that are in conjunction with the school use.
G. Events held exclusively on religious institution or facility site and that are in conjunction with that religious institution or facility use.
H. Garage and yard sales held on private property.
I. Outdoor promotional events and seasonal sales related to an existing business with temporary outdoor display and sales of merchandise and seasonal sales in conjunction with an established commercial business that holds a valid business license and is in compliance with the development standards of this title.
J. Storage containers not in conjunction with an approved construction project when located in a residential zone district for periods less than 72 hours or when located in nonresidential zone district for periods less than 45 days.
K. Outdoor sales operating in front of an established commercial business by a bonified charity organization with a recognized as a 501(c)(3) organization by the Internal Revenue Service, i.e. eligible to receive tax-deductible contributions. (i.e. Girl Scout Cookie Sales).
L. Residential lemonade stands and the like, with gross sales less than $1,000 annually. (Ord. 17-04, 2017; Ord. 20-12 § 5, 2020Ord. 24-11, 12/3/2024)

§ 17.76.030. Temporary use permit required. ¶

The following temporary activities and uses may be allowed, subject to the issuance of a temporary use permit prior in accordance with this chapter and Chapter 17.70 :

A. Any use listed in Table 17.08.020 or Table 17.08.030 that is identified as a temporary use.
B. Construction yards, storage sheds, and construction offices (off site) in conjunction with an approved construction project, where the yard, shed, or office is located on a site different from the site of the approved construction project.
C. Entertainment and assembly events, including carnivals, circuses, concerts, fairs, festivals, food events, fundraisers, haunted houses, outdoor entertainment/sporting events, and similar events designed to attract large crowds and when not otherwise part of or consistent with a permitted use (e.g., race at a raceway).
D. Farmers markets.
E. Temporary sales, including swap meets, flea markets, rummage sales, and similar events in locations not specifically designed for such events.
F. Seasonal sales occurring outdoors when not related to an existing business.
G. Temporary sales offices.
H. Temporary land uses on unimproved or partially improved sites in a zoning district that allows that land use on a permanent basis.
I. Temporary community food banks.
J. Other temporary activities that the Community Development Director determines, when applying objective factors, are similar in nature and intensity to those identified above.
(Ord. 17-04, 2017; Ord. 20-12 § 5, 2020; Ord. 24-11, 12/3/2024)

§ 17.76.040. Development standards. ¶

Standards for height, off-street parking spaces, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject parcel shall apply to all temporary activities.

(Ord. 17-04, 2017; Ord. 20-12 § 5, 2020; Ord. 24-11, 12/3/2024)

§ 17.76.050. Temporary improvements on a site. ¶

A. Improvement to property at a level less than what is required by this title may be allowed to support temporary operations on the property yet still ensure public health, safety, and general welfare. This allowance shall not be used to circumvent or deviate from the requirements for public improvements required at the time of subdivision of property.
B. The allowance described in subsection A shall be conducted through the temporary use permit process. The permit shall clearly identify what improvements are to be completed and what requirements are being waived for a limited period of time, as well as the time period for which the permit is valid. A temporary use permit allowing improvements less than required shall only be approved if the improvements to be completed are those minimally necessary to ensure public health, safety, and welfare.
C. At the conclusion of the period authorized by the temporary use permit, either the property shall be brought into compliance with the requirements of this title or use of the property shall cease.
(Ord. 17-04, 2017; Ord. 20-12 § 5, 2020; Ord. 24-11, 12/3/2024)

§ 17.76.060. Findings. ¶

The reviewing authority shall make all of the following findings to approve or conditionally approve a temporary use permit:

A. The use is a temporary use and will be limited to the specific duration of time that is identified in the temporary use permit.
B. The use complies with the objective provisions of applicable statutes, ordinances, regulations, and other fixed standards, including, the City's General Plan, municipal code, and policies and improvement standards of the City and the state. The Community Development Director's exercise of such authority is ministerial and shall be limited to causing compliance with such statutes, ordinances, regulations, and other fixed standards. Should, however, the Community Development Director determine that substantial evidence illustrates that a proposed project will have a significant impact on the environment, the Community Developer Director will evaluate the project in accordance with the California Environmental Quality Act and shall possess discretionary authority to impose upon the project conditions and requirements mitigating the project's impacts to less-than-significant.
C. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this title.
D. The approval includes provisions to ensure that 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.
(Ord. 17-04, 2017; Ord. 20-12 § 5, 2020; Ord. 24-11, 12/3/2024)