Mendocino County Municipal Code Ch. 20.708 Temporary Use Regulations

The purpose of this Chapter is to establish standards and conditions for regulating temporary uses and temporary outdoor gatherings.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

The following temporary uses and associated development may be permitted as specified by these regulations:

(A) Entertainment Events or Religious Assembly. The temporary gathering of people for a circus, carnival, concert, other musical performance, theatrical performance, lecture, art show, antique show, car show, or religious purposes.

(B) Construction Support. Temporary buildings and structures, without a permanent foundation, supporting permitted residential development and/or major construction.

(C) Uses in New Subdivisions. Temporary uses in new major or parcel subdivisions which support the sale of dwellings and lots within the same subdivision.

(D) Use of a Trailer Coach. Temporary use of a trailer coach for purposes authorized pursuant to Section 20.708.030.

(E) Family Care Unit. The temporary use of a building, structure, or trailer coach to provide housing for:

(a) Not more than two (2) adult persons who are sixty (60) years of age or older, or

(b) An immediate family member or members who requires daily supervision and care, or

(c) A person or persons providing necessary daily supervision and care for the person or persons residing in the main residence.

(F) Film Production. The temporary use of a building, structure or property for the purposes of film production. If film production activities constitute development as defined by Section 20.608.023(E), a Coastal Development Permit shall be required.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) Temporary uses shall be subject to all regulations that apply to any use located in the same Zoning District, except as otherwise provided by these regulations. All temporary uses shall comply with Mendocino Town Zoning Code Chapter 20.760.

(B) Temporary uses shall not create noise impacts to surrounding uses that exceed noise standards set out in the County's General Plan Development Element, Table 3-J, Exterior Noise Level Standards (Levels not to be Exceeded More than thirty (30) Minutes in an Hour) and Table 3-L, Maximum Acceptable Interior Noise Levels Created by Exterior Noise Sources.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) Purpose and Authority. The purpose of this Section is to identify the standards the Department of Planning and Building Services, under the direction of the Director, will use in determining whether a temporary event is excluded from coastal development permit requirements.

(B) Procedure. The organizer of a temporary event shall contact the Department of Planning and Building Services to allow the Director or his/her designee to review the project and determine if a coastal development permit is necessary, pursuant to the following regulations.

(C) Criteria for Requiring a Coastal Development Permit. Except as described below, temporary events are excluded from coastal development permit requirements. The Director may determine that a temporary event is subject to coastal development permit review if the Director determines that unique or changing circumstances exist relative to a particular temporary event that have the potential for significant adverse impacts on coastal resources and/or on public access to and along the shoreline, any beach, or the coastal bluff top area in public ownership seaward of Heeser Drive, Heeser Street, Main Street, or the Highway 1 right-of-way. Such circumstances consist of the following:

(1) The event, either individually or together with other temporary events scheduled before or after the particular event, precludes the general public from use of a public recreational area, including, but not limited to, coastal waters, a beach, path, trail, upland recreational support facility, Mendocino Headlands State Park, for a significant period of time or during a peak use period of the public recreational area.

(2) The event and its associated activities or access requirements may potentially have, either directly or indirectly, a significant adverse impact on environmentally sensitive habitat areas, rare or endangered species, significant public scenic resources, or other protected coastal resources, as defined in Subsection (D).

(3) The event would restrict public use of parking areas to the extent that it would significantly impact public recreation areas or public access to coastal waters, along the shoreline, a beach, path, trail, upland recreational support facility, or Mendocino Headlands State Park.

(4) The event has previously required a coastal development permit to avoid, otherwise mitigate, or monitor associated potentially significant impacts to coastal resources and/or public access to coastal waters, along the shoreline, a beach, path, trail, upland recreational support facility, or Mendocino Headlands State Park.

(D) Definitions. For purposes of this Section, the following definitions shall apply.

(1) "Temporary event(s)" means an activity or use that constitutes development as defined in Section 20.608.023 of the Mendocino Town Zoning Code; and is an activity or function of limited duration; and involves the placement of non-permanent structures; and/or involves exclusive use of a sandy beach, parkland, filled tidelands, coastal waters, street, road, highway, or parking area which is otherwise open and available for general public use;

(2) "Limited duration" means a period of time which does not exceed a two (2) week period on a continual basis, or twenty (20) days on an annual basis.

(3) "Non-permanent structures" include, but are not limited to, bleachers, perimeter fencing, vendor tents/canopies, judging stands, trailers, portable toilets, sound/video equipment, stages, or platforms, which do not involve any grading or landform alteration, or a permanent foundation.

(4) "Exclusive use" means a use that precludes use in the area of the event for public recreation, including, but not limited to public access to any beach, coastal bluff top, path, trail, steps, accessway, or access to coastal waters, other than for or through the event itself.

(5) "Coastal resources" include, but are not limited to, public access opportunities, visitor and recreational facilities, water-oriented activities, marine resources, biological resources, environmentally sensitive habitat areas, agricultural lands, and archaeological or paleontological resources.

(6) "Sandy beach area" includes publicly owned and privately owned sandy areas fronting on coastal waters, regardless of the existence of potential prescriptive rights or a public trust interest.

(E) Outdoor festivals are also regulated by Chapter 20.716 and by Chapter 6.16 of the Mendocino County Code.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.708.020 to read as set out herein. Previously § 20.708.020 was titled "Entertainment Events, Religious Assembly, Other Large Public Gatherings or Other Temporary Events."

The temporary occupancy of buildings during the course of construction may be permitted upon the issuance of a Coastal Development Administrative Permit pursuant to Chapter 20.720.

(A) Major Construction. Temporary buildings, in any zoning district, during permitted construction phase for the housing of tools, equipment, and supervisory offices provided such temporary buildings are located within or adjacent to the development or construction site to which they are incidental.

(B) Minor Construction. Temporary use and occupancy of an existing dwelling while constructing a new residence.

(C) Termination. All temporary uses permitted by this Section shall be terminated not later than twenty-four (24) months after issuance of building permits therefor, unless a written request for extension of time has been submitted to and approved by the Director prior to the expiration of said twenty-four (24) months. All temporary uses and related improvements other than model homes shall be completely removed from the premises and all model homes shall be restored to a condition suitable for sale for residential occupancy, including reconversion of any garage to a condition suitable for the storage of private vehicles or the provision by other means of required off-street parking spaces.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

The temporary use of a trailer coach for the following purposes may be permitted upon issuance of a Coastal Development Administrative Permit (Chapter 20.720):

(A) Real Estate Office. A temporary real estate office, when the trailer coach is located on a lot or parcel of land adjacent to the development to which such real estate office is incidental.

(B) Mobile Financial Business Office. A temporary self-propelled, self-contained mobile financial business office.

(C) Occupancy While Constructing a Dwelling. The installation, use, and occupancy of a trailer coach as a temporary dwelling by the owner of a lot or contiguous lot on which a dwelling is under construction, and for which a building permit has been issued. Such administrative permit may be issued for the period required to complete construction of the approved development, but not to exceed two (2) years, unless the permit is renewed prior to the end of that two (2) year period.

(D) Temporary Caretaker Housing. The installation, use, and occupancy of a trailer coach as a temporary dwelling by a caretaker in association with a park, recreational facility, or similar use which is under private ownership but open for public use.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

The temporary use of a building, structure, or trailer coach, not to exceed one thousand (1,000) square feet in size, shall be allowed upon issuance of a Coastal Development Standard Permit, to provide housing for:

(a) Not more than two (2) adult persons who are sixty (60) years of age or older, or

(b) An immediate family member or members who requires daily supervision and care, or

(c) A person or persons providing necessary daily supervision and care for the person or persons residing in the main residence subject to the following provisions:

(A) Standard Permit. The temporary unit shall require:

(1) Issuance of a Coastal Development Standard Permit, and

(2) Annual renewal of such permit.

(B) Statement. Prior to the granting of the permit or yearly renewal:

(1) A statement must be submitted by the owner of the property and signed under penalty of perjury that the use of the "family care unit" is to provide housing for:

(a) Not more than two (2) adult persons who are sixty (60) years of age or older, or

(b) An immediate family member or members who require(s) daily supervision and care, or

(c) A person or persons providing necessary daily supervision and care for the person or persons residing in the main residence, and

(d) That the family-care unit will not be used as a vacation home rental.

(C) Termination. Should the use or necessity of the temporary family care unit cease, it must be removed from the premises or converted to an accessory structure as provided in Chapter 20.704. Should the occupants of the family care unit or the main residence move to another off-site residence, the permit for the family care unit shall become null and void.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Upon the review and approval of a site plan by the Director, for a major subdivision or parcel subdivision for which a final map has been recorded, or in conjunction with approval of a multiple-dwelling development, and pursuant to the provisions of this Section, temporary uses as specified herein may be established solely for the marketing of dwellings and/or lots in that development.

(A) Permitted Uses. The following temporary uses may be permitted in conformance with the following standards:

(1) Model homes in a number not to exceed that necessary to provide one (1) example of each dwelling type being offered in the residential development. Reversed floor plans and exterior facade variations will not be considered as separate dwelling types. Each model home shall be erected on an individual site which conforms to a lot shown on the recorded map; meet all setback requirements of the applicable zone; and qualify in all respects for sale and residential occupancy upon termination of its use as a model home.

(2) Real estate sales office facilities for the purpose of prompting the sale or rental of dwellings, lots, and/or mobile home spaces, which are located only within the same residential development or subdivision.

(3) Off-street parking facilities.

(B) Site Plan Review Criteria. No use authorized by this section shall be located, installed, or operated in a manner that will have a significant adverse effect on the use and enjoyment of any real property on which an occupied dwelling is located, or may be located during the duration of such authorized use.

(C) Site Plan Content. The site plan shall contain such maps and drawings as are necessary to show the location of the above temporary uses and their relation to off-street parking, vehicular and pedestrian access, and the surrounding area.

(D) Building Permits. Prior to the issuance of a building permit for any temporary use permitted pursuant to Subsection (A), the following conditions shall be met:

(1) A parcel or final map has been recorded for the parcel subdivision or major subdivision.

(2) The site plan must be submitted to and approved by the Director.

(3) Necessary sanitary facilities must be provided, as required by the Director of Public Health.

(E) Termination. All temporary uses permitted by this Section shall be terminated not later than twenty-four (24) months after issuance of building permits therefor, unless a written request for extension of time has been submitted to and approved by the Director prior to the expiration of said twenty-four (24) months. All temporary uses and related improvements other than model homes shall be completely removed from the premises and all model homes shall be restored to a condition suitable for sale for residential occupancy, including reconversion of any garage to a condition suitable for the storage of private vehicles or the provision by other means of required off-street parking spaces.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)