Portola Municipal Code Ch. 17.73 Temporary Uses

This chapter establishes the standards for which an administrative permit may be approved for a temporary use, and the limitations that may be placed on such use.

(Ord. 289 § 2 (Exh. A (part)), 2002)

The following temporary uses are permitted on a parcel without issuance of any permit:

1. Construction trailer for an approved project.

2. A model home complex within an approved subdivision for sale of residential units within that same subdivision, provided the complex complies with the standards as identified in Section 17.73.050.

(Ord. 289 § 2 (Exh. A (part)), 2002)

The following temporary uses shall be permitted upon compliance with the conditions set forth in this section, through the issuance of an administrative permit:

A. Residential Temporary Uses.

1. A temporary sales office or trailer within an approved subdivision for sale of residential units within that same subdivision. The temporary sales office may be operated with or without a model home complex.

2. A recreational vehicle, trailer, coach, or mobile home as a temporary residence of the property owner when a valid residential building permit is in force. The permit may be granted for up to one hundred eighty days, or upon expiration of the building permit, whichever occurs first. Under no circumstance will the temporary residential use of a recreational vehicle, trailer, coach, or mobile home be permitted on a developed or undeveloped residential lot without the issuance of a building permit for construction of a residential structure, except as permitted by this chapter.

3. Garage sales are permitted in residential districts so long as they meet the following requirements:

a. A no-fee permit has been obtained at City Hall, upon furnishing by the applicant of the information required for the permit.

b. Each household shall be allowed only three garage sales per year, per residential address.

c. The garage sale shall not exceed three consecutive days, and shall be held at least four days apart.

d. All merchandise admitted to the garage sale shall be arranged so that fire, sheriff, and other officials may have access for inspection at all time during the time of operation.

e. The permit must be displayed on the site and shall be able to be easily viewed from the street.

f. Enforcement of this provision shall be performed by the director of public works or his or her designee.

4. A recreational vehicle, trailer, coach, or mobile home may be used as a temporary residence to accommodate visitors for a period of time not to exceed fourteen days on a continual basis during any calendar year or thirty days on an intermittent basis during any calendar year on land owned or leased by the host and on which there is located a permanent dwelling occupied by the host. The property owner or host must obtain an administrative permit prior to occupancy of the recreational vehicle, trailer, coach, or mobile home.

B. Nonresidential Temporary Uses.

1. Fairs, festivals, circuses, rodeos, carnivals, and concerts when not held on premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities.

2. Weekend fundraising events conducted at locations that can accommodate the event in compliance with all provisions of this title. Such events shall not be conducted on more than two weekends per month at any one location and may include but are not limited to, car washes and pancake breakfasts. An administrative permit, with no public hearing or notice required, shall be obtained for events that extend longer than a weekend (Saturday and Sunday) except for long weekends that include a Friday and/or Monday due to a holiday.

3. Outdoor promotional display, sales, and events in conjunction with an established commercial business within a commercial zoning districts, limited to three events per calendar year. An event is from five p.m. on a Friday to eight a.m. on the following Monday and includes only merchandise customarily sold on the premises by a permanently established business. The duration of the event may be extended to incorporate holidays that create longer weekends.

4. Temporary outdoor fundraising activities associated with a non-profit organization may be conducted for periods not exceeding ten consecutive days. Not more than five events shall be conducted on one site in a calendar year.

5. Christmas tree sale lots, provided such activity shall be only held from November 1st through January 5th of each year.

6. Pumpkin sales lots, provided such activity shall be only held from October 1st through November 5th of each year

7. Enclosed storage containers (e.g., cargo containers, seatrains, shipping containers, etc.) for temporary on-site storage associated with a permitted use. The enclosed storage containers may not be located on-site for more than seventy-five days.

C. Industrial Temporary Uses. In addition to those uses permitted in association with non-residential uses, the following use is permitted in industrial zone districts:

1. Temporary office buildings, provided that the temporary office space is not used for a period exceeding twelve months, unless otherwise approved by an administrative permit.

D. Temporary Uses in all Districts.

1. On- and off-site contractors' construction yards in conjunction with an approved development project. Any off-site location shall be approved by the planning commission.

2. Watchman's or caretaker's trailer associated with other approved temporary uses or during construction of a project.

3. Similar temporary uses which, in the opinion of the director are compatible with the zoning district and surrounding land uses.

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

In approving an administrative permit, the director may impose conditions deemed necessary to ensure that the temporary use or development will be compatible with the zone district and surrounding uses. These conditions may involve any pertinent factors affecting the operation of such temporary use or development, and may include but are not limited to:

A. Requirements for improved parking facilities, including vehicular ingress and egress;

B. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat;

C. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

D. Provision for sanitary and medical facilities;

E. Provision for solid, hazardous and toxic waste collection and disposal;

F. Provision for security and safety measures;

G. Regulation of signs;

H. Submission of a performance bond or other surety devices, satisfactory to the city attorney, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;

I. A requirement that approval of the administrative permit is contingent upon compliance with applicable provisions of this code; and

J. Any other conditions which will ensure the operation of the proposed temporary use, will protect public health and safety and in accordance with the intent and purpose of this title.

(Ord. 289 § 2 (Exh. A (part)), 2002)

In addition to the conditions specified in Section 17.73.040, the following conditions shall be applied to a model home complex:

A. The location and number of lots used for the complex shall be identified on a composite subdivision map;

B. Improved street access (including utilities, curb, gutter, sidewalks and street identification signs) to the complex shall be complete prior to issuance of a temporary final for model homes;

C. Water service adequate for fire suppression shall be provided as required by the fire department;

D. A paved off-street parking lot including two spaces per model home unit, handicapped parking consistent with Title 24 of the Uniform Building Code, and landscaping shall be provided. On-street parking may be utilized where it is demonstrated that two spaces per model home can be accommodated immediately in front of the model home complex, no parking spaces will be located in front of an occupied residence, and handicapped accessibility to the sales office, consistent with Title 24 of the Uniform Building Code, can be maintained;

E. Individual utility connections to each model home unit shall be provided;

F. The model home sales office, any arbor not meeting standard setback requirements, and any off-street parking shall be converted back to residential use and/or removed prior to the issuance of the final occupancy permit or within fourteen days from the sales of the last lot in the subdivision, whichever occurs first;

G. The model home complex is approved for sales of units within the subdivision in which the complex is located only;

H. If a temporary sales trailer is used, it shall be handicap accessible and shall have an attractive screen skirt around the base of the trailer prior to its use;

I. Use of the temporary sales trailer shall not begin until the parking area has been improved and any landscaping installed;

J. The temporary sales trailer shall be removed within seven days of the issuance of the temporary final for the model homes;

K. The temporary sales trailer shall comply with the building code requirements for restroom facilities for a work place with employees;

L. Model home complexes shall comply with the approved conditions of approval for the subdivision in which they are located and for sale; and

M. A portable fire extinguisher with a minimum rating size of 2A-10B:C shall be provided for use by the occupants within the temporary office. Said extinguisher shall be accessible at all times and shall be installed per fire department guidelines.

(Ord. 289 § 2 (Exh. A (part)), 2002)