§ 17.124

The purpose of this chapter is to allow for short-term activities that are compatible with adjacent and surrounding uses when conducted in compliance with this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

For the purpose of this chapter, the following terms shall have the meaning set forth herein.

"Temporary Land Use" means a land use that is interim, non-permanent, and/or seasonal in nature, lasting between from one to thirty (30) days, and generally not more than thirty (30) consecutive days in duration. The temporary land use shall only occur on private property.

"Special Event" means a short-term event lasting no more than three days that meets any of the following criteria:

1.

Any event that requires the closure of any street or public right-of-way to vehicular or pedestrian traffic.

2.

Any event to be held at a public/private facility with a projected attendance of five hundred (500) or more people.

3.

Any event that will generate any outdoor video or sound.

4.

Any event that will require the use of City resources for security, crowd control, sanitation, etc.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.124.030 - Exempt temporary uses and special events.

The following minor and limited duration uses are exempt from Temporary Use Permit and Special Event Permit requirements. Uses that do not fall within the categories defined below shall comply with this chapter.

A.

Construction Sites - On-site.

1.

On-site contractors' construction/storage uses, in conjunction with an approved construction project on the same parcel.

2.

One adult caretaker may be present during nonconstruction hours.

3.

The construction and/or storage use shall be removed immediately upon completion of the construction project, or the expiration of the building permit, authorizing the construction project, whichever first occurs.

B.

Emergency Facilities. Emergency public health and safety needs/land use activities, as determined by the Community Development Director.

C.

Outdoor Sales and Garage Sales. Outdoor sales on nonresidential property and garage and yard sales (i.e., personal property sales) conducted on residentially zoned property allowed only in compliance with Chapter 17.76 (Outdoor Sales and Garage Sales).

D.

Publicly Owned Property. Events that are to be conducted on publicly owned property, are subject to the approval of the Community Development Director, and are sponsored by educational, fraternal, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The following temporary uses and special events are allowed, subject to the issuance of a permit, and only when conducted in compliance with Section 17.124.070 (Conditions of Approval).

A.

Temporary Uses.

1.

Contractors' Construction Sites (Off-Site). The temporary use of a site for an off-site contractor's construction, staging, or storage area(s). The permit may be effective for up to one hundred eighty (180) days and extended in 180-day increments, with the Community Development Director approval, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

2.

Outdoor meetings and group activities/assemblies for three consecutive days or less, and no more than three events will be permitted on a single property per calendar year, excluding City-sponsored events.

3.

Seasonal sales (i.e., Halloween pumpkin sales and Christmas tree sale lots), issued in compliance with Business License requirements provided, the activity may only be held from October 1st through October 31st of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 26th, of the same year for Christmas tree sales. The Community Development Director may grant an alternative time period on a case-by-case basis.

4.

Temporary Structures. A temporary office or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of twelve (12) months, as an accessory use or as the first phase of a development project, on sites located within the commercial, industrial, and mixed- use zones of the City.

5.

Temporary Work Trailers. A trailer or mobile home may be used as a temporary work site for employees of a business during construction or remodeling of a permanent commercial, or industrial structure when a valid Building Permit is in force for up to twelve (12) months.

6.

Other Similar Temporary Uses. Similar temporary uses that, in the opinion of the Community Development Director, are compatible with the subject zone and surrounding land uses.

B.

Special Events. Special events shall last not more than three days, and no more than three events will be permitted on a single-property per calendar year, excluding City sponsored events. The following is a list of examples of special events:

• An arts and crafts exhibit,

• Auctions,

• Carnivals,

• Concerts,

• Fairs,

• Festivals,

• Food markets/events,

• Outdoor entertainment, or

• Sporting events, such as a 5K, bicycle race, or walking event.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.124.050 - Application filing, processing, and review.

A.

Filing. An application for a Temporary Use Permit or a Special Event Permit shall be filed with the Planning Division in the following manner:

1.

An application for a Temporary Use Permit or Special Event Permit shall include the information and materials specified in the Temporary Use Permit and Special Event Permit handout, together with the required fee(s) as established by City Council's resolution.

a.

A Special Event Permit application shall be filed with the Planning Division at least sixty (60) days before the event is scheduled to take place. Special Event Permit applications submitted within thirty (30) to fifty-nine (59) days before the event is scheduled shall be subject to an expediting fee.

b.

An application for Temporary Use Permit shall be submitted at least thirty (30) days before the use is schedule to commence.

B.

Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.124.060 (Findings and Decision), below.

C.

Project Review Procedures. Following the receipt of a completed application for a Temporary Use Permit or Special Event Permit, the Community Development Director will investigate and consult with other City departments and other agencies as necessary and schedule a conference with the applicant to further discuss any concerns.

D.

Public Hearing Not Required. A public hearing shall not be required for the Community Development Director's decision on a Temporary Use Permit or Special Event Permit application.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The Community Development Director, or his/her designee, shall review the application and may issue a Temporary Use Permit or Special Event Permit that would be operated in full compliance with the Chapter if

the following findings can be made:

A.

The operation of the requested temporary use or special event at the location proposed and within the time period specified will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, safety, or general welfare;

B.

The operation of the requested temporary use or special event will not be detrimental to adjoining properties through the creation of excessive dust, light, noise, odor, or other objectionable characteristics;

C.

The proposed site is adequate in size and shape to accommodate the temporary use or special event without detriment to the enjoyment of other properties located adjacent to and in the vicinity of the subject parcel;

D.

The proposed parcel is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate;

E.

Adequate temporary parking to accommodate vehicular traffic which would be generated by the use will be available either on-site or at alternate locations acceptable to the Community Development Director; and

F.

The applicant agrees in writing to comply with any and all of the conditions imposed by the review authority in the approval of the Temporary Use Permit or Special Event.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

May Impose Conditions. In approving a Temporary Use Permit or Special Event Permit, the Community Development Director may impose conditions that are deemed reasonable and necessary to ensure that the activity would be in full compliance with the findings required by Section 17.124.060 (Findings and Decision).

B.

Appropriate Conditions. Conditions addressing any offsite impacts of or other pertinent factors affecting the operation of the temporary event, or use, and may be imposed on the use, and may include (but are not

limited to) the following:

•

Fixed period of time;

Operating hours and days;

•

Temporary pedestrian and vehicular circulation;

•

Regulation of nuisance factors;

•

Regulation of temporary structures;

•

Litter, sanitary, and medical facilities;

•

Waste collection, recycling, and/or disposal;

•

Evidence of food service permits;

•

Police/security and safety measures;

•

Signs;

•

Limitations on alcoholic beverage sales;

•

Performance bond or other security, such as a Clean-up Deposit;

•

Insurance and indemnification requirements to protect the City from liability as necessary;

•

Clarification of applicant's status, if claiming tax-exempt, non-profit status must attach a copy of their I.R.S. determination letter;

•

Written notification to neighbors;

Compliance with Title 5 (Business Licenses and Regulations);

•

Removal of debris, litter, or any other evidence of the temporary use or special event upon completion or removal of the use or event;

•

Compliance with applicable provisions; and

•

Other conditions.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.124.080 - Expiration, modification, extension and revocation of temporary use permit or special event permit.

A.

If the use authorized by any Temporary Use Permit or Special Event Permit is, or has been unused, abandoned, or none of the conditions have been complied with, the Temporary Use Permit shall become null and void and of no effect.

B.

If any condition attached to a Temporary Use Permit or Special Event Permit is violated or if any law, statute or City ordinance is violated, the Temporary Use Permit or Special Event Permit and privileges shall be suspended; provided that the applicant has been given written notice to cease such violation and has failed to do so within the period of time specified. Repeated violations of any of the conditions attached to a Temporary Use Permit or Special Event Permit may be grounds for revocation of the permit in accordance with the provisions of Chapter 17.168 (Revocations and Modifications).

C.

In the event that the operation of any part of a facility granted by Temporary Use Permit or Special Event Permit should result in substantial complaints to the Planning Division, and when staff investigation determines that the conditions as originally drafted are not sufficient to properly regulate the use, the

conditions may be modified in accordance with the provisions of Chapter 17.168 (Revocations and Modifications).

D.

For any revocation or modification of a Temporary Use Permit or Special Event Permit, as set forth in subsection B or C of this section, the Community Development Director shall send notice, in writing, to the original grantee of the permit that the Community Development Director intends to revoke or modify the permit, stating the grounds, and informing the grantee of the time and place of the hearing on such revocation, in addition to the requirements set forth in Chapter 17.168 (Revocations and Modifications).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.128 - ADMINISTRATIVE USE PERMIT