Irvine Municipal Code Ch. 2-27 Seasonal Use Permit

The seasonal use permit procedure provides seasonal business operators a process to operate in the City of Irvine while establishing standards to safeguard the aesthetic quality and the health, safety, and welfare of the community. Uses which may operate with a seasonal use permit include, but are not limited to: Christmas tree lots, pumpkin patches, fruit and vegetable stands not located on agricultural land, and other similar uses which operate at limited times of the year. These seasonal uses shall be permitted in all zoning districts except industrial districts. The requirements of a seasonal use permit do not apply to agricultural uses such as Christmas tree farms and produce (e.g., fruits and vegetables) stands located on agricultural land. Such uses are considered agriculture (see definition of "agricultural use").

(Code 1976, § V.E-219.1; Ord. No. 94-7, § 3, 6-14-94)

No person or organization shall conduct, maintain, or advertise a seasonal use or permit its premises to be used for any seasonal use without first obtaining a seasonal use permit as provided in this chapter.

(Code 1976, § V.E-219.2; Ord. No. 94-7, § 3, 6-14-94)

A. Applications for a seasonal use permit shall be obtained from the Community Development Department. The applicant shall submit the application to the Community Development Department with any required building, electrical, and/or plumbing permit applications. The seasonal use permit application shall be filed not less than 10 days prior to the proposed opening of the seasonal use.

B. Permit application. The application for a seasonal use permit shall provide the following information and items when submitted:

1. The name, address, and telephone number of the applicant/organization and an alternative contact person.

2. The name, address, and telephone number of the person who will be present and in charge of the lot, patch or stand.

3. A detailed description of the proposed seasonal use.

4. The proposed starting and ending date and estimated hours of operation of the seasonal use.

5. A site plan or drawing depicting the location of the seasonal use, including its boundaries, location of the structures, the parking area, temporary sanitary facilities, lighting, etc.

6. The type and the number of structures, tents, etc., which will be used on-site.

7. The text, size, shape, material, and location of signs to be placed on-site. See sign ordinance for requirements.

8. Permit exceptions. Manufactured structure permits are not required for seasonal uses that propose manufactured structures on-site during the period in which the seasonal use permit is in effect.

9. Security for cleanup. The applicant shall submit an agreement on a form provided by the City and signed by the applicant stating that, during the operation of the seasonal use and within 48 hours after the conclusion of the seasonal use, the applicant will clean and restore to its original condition the property and the public right-of-way fronting the property upon which the seasonal use is to occur. Such agreement shall be secured by a $500 surety in a form acceptable to the Director of Community Development. The surety shall be refundable on compliance with the provisions and requirements of this chapter, including, but not limited to, the removal of trash and debris, structures/tents, signs, fencing, and cleanup of the site and public right-of-way.

(Code 1976, § V.E-219.3; Ord. No. 94-7, § 3, 6-14-94)

A. Parking.

1. Christmas tree lots, pumpkin patches, and similar uses shall provide one space per 500 square feet of sales/display area, plus one space per employee.

2. Fruit and vegetable stands and similar uses shall provide one space per 200 square feet of display/stall space and customer circulation area, plus one space per employee.

B. Business permit. The applicant shall secure a City of Irvine business permit prior to operating the seasonal business.

C. Displays and products. All outdoor displays and products must relate to the primary seasonal product available for purchase.

(Code 1976, § V.E-219.4; Ord. No. 94-7, § 3, 6-14-94)

A. Within 10 business days following the receipt of the completed application, the Director of Community Development shall approve, conditionally approve or deny the seasonal use permit based upon the findings contained in Section 2-27-7.

B. The Director of Community Development may impose such terms, conditions and restrictions upon the operation or conduct of the seasonal use as may be deemed necessary or expedient to ensure that the findings in Section 2-27-7 can be made.

C. Upon the decision with respect to the application, the Director of Community Development shall mail to the applicant, by certified mail, notice as to whether the permit has been granted or denied. The notice shall inform the applicant of the right to appeal the decision of the Director of Community Development pursuant to Section 2-27-8 below. Additionally, if the Director of Community Development should deny the application, the notice shall specify those reasons why the permit has been denied.

D. The approved seasonal use permit and all related business permits must be posted on the premises in a conspicuous place.

(Code 1976, § V.E-219.5; Ord. No. 94-7, § 3, 6-14-94)

A. The seasonal use complies with all the applicable development standards of the Irvine zoning ordinance.

B. Adequate traffic circulation, off-street parking, and pedestrian safety will be maintained during the operation of the seasonal use.

(Code 1976, § V.E-219.6; Ord. No. 94-7, § 3, 6-14-94)

The decision of the Director of Community Development with respect to the seasonal use permit shall be final unless appealed. Please refer to Chapter 2-5 (Appeal Procedure) for the process for appeal.

(Code 1976, § V.E-219.7; Ord. No. 94-7, § 3, 6-14-94)

A. Christmas tree lots may be approved and commence operation on November 15 for a period not to exceed 45 calendar days.

B. Pumpkin patches may be approved and commence operation on October 1 for a period not to exceed 31 days.

C. Fruit and vegetable stands may be approved and commence operation for a period not to exceed 120 days.

D. The Director of Community Development may extend these time limits to accommodate consecutive seasons (i.e., pumpkin patches and Christmas tree sales) up to a maximum of six months.

(Code 1976, § V.E-219.8; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 97-05, 5-13-97)

The applicant shall pay all required fees as determined by resolution of the City Council.

(Code 1976, § V.E-219.9; Ord. No. 94-7, § 3, 6-14-94)

The recipient of an approved seasonal use permit from the previous year (same person/organization, same use, and at the same location) shall submit a written request to the Director of Community Development for a seasonal use permit renewal per the following criteria:

A. Complete a new seasonal use permit application and attach a copy of the previous year's approved application.

B. The renewal fee, as determined by City Council resolution, shall be paid at the time of submittal.

C. The Director of Community Development shall have five business days to complete the review of the application.

D. Except as otherwise provided in this chapter, renewal applications shall be subject to the approval process contained in Section 2-27-5.

(Code 1976, § V.E-219.10; Ord. No. 94-7, § 3, 6-14-94)

A. No permit issued under provisions of this chapter shall be transferable or movable to another location or another permittee.

B. Any seasonal use permit granted or issued pursuant to the provisions of this chapter may be revoked per Chapter 2-10 (Enforcement and Revocation Procedures).

(Code 1976, § V.E-219.11; Ord. No. 94-7, § 3, 6-14-94)