3.10. TEMPORARY USE STANDARDS

This Code allows for the establishment of certain temporary uses for limited duration, provided that such uses comply with the general and specific standards of this Section.

[AMENDED 01-12-2017]

All temporary uses or structures shall meet the following general requirements, unless otherwise specified in this Code:

3.10.2.A.

The temporary use structure shall not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.

3.10.2.B.

The temporary use shall comply with all applicable general and specific regulations of Section 3.10, unless otherwise expressly stated.

3.10.2.C.

Permanent alterations to the site are prohibited.

3.10.2.D.

All temporary signs associated with the temporary use or structure shall be properly permitted and removed when the activity ends or permit expires, whichever occurs first.

3.10.2.E.

The temporary use or structure shall not violate any applicable conditions of approval that apply to a principal use on the site.

3.10.2.F.

The temporary use regulations of this Section do not exempt the applicant or operator from any other required permits, such as Environmental Management Department permits.

3.10.2.G.

If the property is undeveloped, it shall contain sufficient land area to allow the temporary use or structure to occur, as well as any parking and traffic circulation as required that may be associated with the temporary use, without disturbing sensitive or protected resources, including required buffers, 100-year floodplains, river protection setbacks, and required landscaping. At the conclusion of the temporary use or at expiration of the permit, whichever occurs first, all disturbed areas of the site shall be restored or improved to the condition that existed prior to the use.

3.10.2.H.

If the property is developed, the temporary use shall be located in an area that is not actively used by an existing approved principal use, and that would support the proposed temporary use without encroaching or creating a negative impact on existing buffers, open space, landscaping, traffic movements, pedestrian circulation, or parking space availability.

3.10.2.I.

Tents and other temporary structures shall be located so as not to interfere with the normal operations of any permanent use located on the property, shall be anchored, and meet the requirements of the Building Official, including fire rating.

3.10.2.J.

Off-street parking shall be adequate to accommodate the proposed temporary use.

3.10.2.K.

Applications for temporary structures to be located in the 100-year floodplain, or in the 200-year floodplain in areas subject to the Urban Level of Flood Protection, shall be required to submit a plan to the Building Department for the removal of such structure(s) in the event of notification by the Sacramento County Department of Water Resources. The plan shall include the following information:

1. The name, address, and phone number of the individual responsible for the removal of the temporary structures and the property owner;

2. The time frame prior to the event at which a structure will be removed; and

3. A plan to remove the temporary use earlier than the scheduled removal date, if required.

3.10.2.L.

The Zoning Administrator may, except as provided in Section 3.10.3.K, may approve a Temporary Use Permit, pursuant to Section 6.5.7, to allow the use of property in any zone for a period within a given year for an exposition, concert, carnival, vaccination clinic, amusement ride, sale of old clothes and second hand merchandise, or other temporary activity not to exceed 10 days, unless additional time is specifically allowed per Section 3.10.3. [AMENDED 07-16-2020]

Temporary Use Permits are not required when these uses are conducted within mall areas or in a completely enclosed building. The temporary use, if located in a zone other than a commercial or industrial zone, shall be under the supervision of a public agency or an organization, school or place of worship that qualifies for an exempt fee license pursuant to the business license ordinance, unless specified per Section 3.10.3. [AMENDED 07-16-2020]

The permit shall be issued annually, and shall list all dates for the temporary event and uses permitted during the year.

3.10.3.A. Permanent Tent Structure

Any permanent structure of a cloth, membrane, or similar material that exceeds 120 square feet shall be subject to the requirements of this Section. Awnings, canopies, and similar structures are excluded from the requirement of this Section. The purpose of this Section is to provide a procedure for permitting tents as permanent structures and to ensure compatibility with the surrounding development.

1. Use Permit Required

Any tent used as a permanent structure that is not under a temporary permit shall require a Conditional Use Permit approved by the Zoning Administrator.

3.10.3.B. Community Stands

Community stands are permitted as a temporary use, subject to the issuance of a Temporary Use Permit by the Zoning Administrator and complying with following standards:

1. Community stands shall be operated by nonprofit organizations.

2. In the AG, AR, RD, RM-2 zones, community stands shall be supervised by a public agency or nonprofit organization.

3. Community stands shall obtain a license from the State of California Department of Food and Agriculture (CDFA) and a permit from the EMD before operating. There shall be no annual limit to the number of occurrences and the Temporary Use Permits shall be valid for up to three years.

4. Products sold shall be limited to shell eggs and crops that are locally grown; nonpotentially hazardous prepackaged food products from an approved source that were locally grown or produced; nonpotentially hazardous prepackaged food products, including bottled water and soft drinks, from an approved source that have not been locally grown or produced; and agricultural and food preparation related items.

5. Non-potentially hazardous prepackaged food products, including bottled water and soft drinks, from an approved source that have not been locally grown or produced shall be limited to a 50square-foot storage and sales area.

6. Agricultural and food preparation related items shall be limited to 25 percent of the total storage and sales area of the farm stand.

7. No activities related to the sale of products from Community Stands shall take place on public right-of-way.

8. No part of this use, including merchandise or parking area, shall be located within the triangular clear visibility area defined in this Code.

9. Hours of operation, stand size (up to a maximum of 1,500 square feet of indoor sales area and 3,000 square feet of total enclosed area), setbacks, signs and parking requirements shall be regulated by the Temporary Use Permit for the Community Stand.

3.10.3.C. Promotional Displays and Sales

Promotional displays and activities including, but not limited to, amusement rides, street dances, concerts, live entertainment, and promotional out of door “parking lot” sales may be conducted in the

commercial and industrial zoning districts for the purpose of promoting a use regularly and lawfully in operation on the premises. The activities shall be conducted only within the buildable portion of the lot or parcel and subject to first obtaining approval of a Temporary Use Permit approved by the Zoning Administrator. Temporary signs are permitted only with the approval of the Zoning Administrator. Time limits of use shall not exceed 30 days within a given year. Promotional displays and sales are permitted for 30 consecutive days within the first 90 days of the grand opening of a business and may be permitted for an additional period of up to 30 days within a given calendar year, annually. Beyond the grand opening display period, temporary signs may have their display time split up into as many as 10 three-day periods, or may join the time allotments as the business sees fit and described in detail in the application for a Temporary Use Permit. Businesses that violate the provisions of this Code may have the Temporary Use Permit denied by the Zoning Administrator. Temporary signs, in conjunction with promotional display and sales are further regulated by Section 5.10.1.J.

3.10.3.D. Seasonal Display and Sales

Seasonal display and sale of items such as flowers, pumpkin, plants, and Christmas trees may be sold as a temporary use in the NMU, CMU, CMZ, BP, LC, GC, C-1, C-2, M-1 and M-2 zones and in similar zones found in Title IV, including any combination of these zoning districts and the NPA Combining zoning district and Special Planning Areas where commercial or industrial uses are permitted, subject to obtaining a business license. Seasonal items may be sold as a temporary use in zoning districts other than commercial or industrial, upon securing approval of a Temporary Use Permit by the Zoning Administrator and obtaining a general business license. The Zoning Administrator shall specify the period of sale, and the period permitted to clear the lot of all seasonal items and other evidence of the temporary use. Temporary signs are permitted, subject to provisions of Section 5.10, “Sign Regulations” for commercial and industrial zoning districts and subject to approval by the Planning Director in all other zoning districts. The sale of seasonal items or plants in connection with and on the same premises as a supermarket, hardware, home maintenance or repair store, or other established business, if a temporary structure and electrical wiring are not employed in connection with such sales, is exempt from the regulations and requirements for a Temporary Use Permit.

3.10.3.E. Temporary Concessions

[AMENDED 02-24-2017][AMENDED 06-22-2017] [AMENDED 07-11-2024]

Excluding sidewalk vendors as defined in CA GOV §51036 that operate within County rights-of-way (including sidewalk) or within public parks, temporary concessions shall comply with the standards of this Section. Temporary concessions are allowed only in specified commercial and industrial zoning districts subject to the conditional approval of a Temporary Use Permit by the Zoning Administrator. The permit shall include any conditions appropriate to assure compliance of the requirements of this Section, shall include time limits as to when the Temporary Use Permit is valid and may include

additional conditions and requirements that are found appropriate to assure the use will not be detrimental to health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood:

1. Every temporary concession shall be a temporary day-to-day use and all equipment, including any stand, cart, table, or vehicle, shall be removed at the end of each sales day.

2. Every operator of a temporary concession shall have notarized written permission (on a form provided by the County) from the property owner or lessee of property on which the concession is located, a copy of which shall be filed with the operator’s application. The operator shall also have a copy of the permission statement required by these provisions at the concession location for inspection upon request by any person authorized to enforce the provisions of this Section.

3. Every operator of a temporary concession must provide signatures and current contact information of parties responsible for providing goods and/or services for distribution with the operator’s application (if providers of goods and services are different than the operator). The operator shall also have a copy of contact information required by these provisions at the concession location for inspection upon request by any person authorized to enforce the provisions of this Section.

4. No activities relating to the operation of a temporary concession, including customer parking, shall occur on public property. All parking areas shall be maintained or surfaced so as to be dust-free.

5. All stands, carts, vehicles, and displays of merchandise shall be set back not less than 25 feet from the right-of-way line of any public street, provided, however, that a table, stand, or cart of 16 square feet in size may be located at not less than 12.5 feet setback from a County right-ofway line.

6. No concession stand, cart, vehicle, merchandise, or parking area shall be located within the triangular clear visibility area defined in this Code.

7. No additional signs beyond the signs otherwise permitted in the zoning district in which the temporary concession is located shall be permitted, except temporary signs flat against the table, cart, stand, or vehicle that shall not exceed two square feet per each linear foot of such equipment parallel to the street where the setback is 25 feet or more from the right-of-way line. Where the table, stand, or cart is set back less than 25 feet, the area of the signs shall not exceed a total of six square feet, and shall be placed flat against such equipment.

8. Only one temporary concession vendor at a time may conduct business on any parcel of property.

9. At least one trash receptacle shall be provided on site.

10. Every operator of a temporary concession stand shall have legal access to restroom facilities within 1,000 feet of the concession. (May be public restrooms, assigned permitted access to private restrooms, or a self-contained recreational vehicle.)

11. Sale of produce is permitted only in accordance with state food and agricultural regulations, in Title 3 of the California Code of Regulations; as such, sale must take place at a producer’s “roadside stand”, or authorized by a “Direct Marketing Certificate” or “Produce Dealer’s License”. Sale of produce associated with an Urban Agricultural Stand shall be permitted only in accordance with Section 3.4.7.

12. The area used for sales or display of merchandise by the temporary concession shall be limited to 200 square feet. Such area shall be identified on the Use Permit and the Use Permit shall be valid only for the area so identified.

13. No food items shall be prepared or sold for immediate consumption on site except as in Sections 3.10.3.E.15. and 3.4.7.

14. Notwithstanding provisions elsewhere in this Code or the SCC, the following uses are exempt from the regulations and requirements for a Temporary Use Permit:

• a. The sale from stands of fireworks preceding and in connection with the celebration of the Fourth of July;

• b. Temporary concessions attendant to certain permitted retail uses: stands, carts, vehicles, and displays of merchandise are permitted within the pedestrian circulation areas of shopping centers, malls, and large retail buildings with over 60,000 square feet of gross floor area; and

  • i. The temporary concessions shall be located within the buildable portion of the lot, and when located outside, no more than 25 feet from the entrance.

  • ii. The use shall be subordinate and incidental to the primary use and have access to the restrooms.

• c. Sales of products by nonprofit organizations within the buildable area of a commercial lot.

15. Temporary Concessions for the Preparation and Sale of Food for Immediate Consumption The Planning Commission may consider a Temporary Use Permit for a temporary concession for the sale of food intended for immediate consumption. This provision is intended to be applied only in unusual situations where a convenience to customers can be demonstrated because of the locational factors or temporary circumstances and where a permanent facility or a mobile vendor service would be infeasible or inappropriate. The development standards for such concessions are those of Sections 3.10.3.E.1 through 3.10.3.E.11, with the additional requirement that appropriate licensing must be secured from the Environmental Management Department.

3.10.3.F. Temporary Construction Buildings

Temporary buildings for commerce or industry incidental to residential development, and temporary structures and trailers for the housing of tools, equipment, building assembly operations, and supervisory offices in connection with major construction projects may be authorized in any zoning district by the Chief Building Inspector.

3.10.3.G. Temporary Sales/Construction Offices

A temporary office established to handle sales or construction of lots and homes may be authorized by the Zoning Administrator in any zoning district by Temporary Use Permit. Parking shall be provided in accordance with Section 5.9, “Off-Street Parking.” Conditions of approval may regulate hours of operation, landscaping, or other aspects deemed necessary by the Zoning Administrator. Temporary signs may be permitted subject to approval by the Zoning Administrator.

3.10.3.H. Temporary Uses of Mobile Homes and Commercial Coaches

[AMENDED 12-01-2017]

Temporary uses of mobile homes and commercial coaches shall comply with the applicable minimum standards of this Section.

1. Use of Mobilehome as Temporary Dwelling and Other Structures at a Construction Site

• a. In any zoning district where a dwelling is permitted, while a permanent residence or other permitted primary uses within the residential and agricultural zoning districts is being constructed or remodeled to the extent that the permanent residence is not habitable, the Chief Building Inspector may authorize, by permit, the occupancy of a mobile home or other structure as a temporary dwelling for a period of not more than one year. No such occupancy shall be permitted unless a building permit has been issued for the permanent residence.

• b. In the event that no permit may be issued due to an unresolved insurance settlement or contract procedure, the Chief Building Inspector may authorize occupancy for a period not to exceed six months when such occupancy is necessary for security of the remaining residence, care of livestock, or other similar necessity.

2. Use of Mobile Home as Accessory Dwelling for Persons in Need of Care and Supervision

• a. In all AG, UR, IR and AR-10 zones, the Zoning Administrator may administratively grant approval for use of a mobile home as an accessory dwelling where there is a need to provide close care and supervision of a person with disabilities occupying either the principal dwelling or the accessory dwelling by the occupant of the other dwelling on the premises pursuant to the findings in Sections 3.10.3.H.2.a.(i) and (ii), and provided that the parcels meets the minimum lot size standards of the zoning district in which it is located. In all other zoning districts where a mobile home is allowed as an accessory dwelling use or in any zoning district with a legally established primary residential use, and where there is a need to provide close care and supervision of a person with disabilities occupying either the principal dwelling or the accessory dwelling by the occupant of the other dwelling on the premises, the Zoning Administrator shall grant a Conditional Use Permit for use of a mobile home as an accessory dwelling, where he or she finds:

  • i. That the person for whom the care and supervision is to be provided has physical or mental disabilities to the extent that he or she requires immediate supervision and care by the occupant of the other dwelling on the property. Proof of physical or mental disability may be required. Such proof shall be placed in a confidential file to be kept by the secretary of the appropriate hearing authority.

  • ii. That the establishment of the accessory dwelling in the mobile home is necessary in order to provide the required care and supervision of the person with disabilities.

• b. The mobile home is to serve only as an accessory dwelling and shall be removed from the premises within 60 days after the expiration of the permit, or when the occupancy of the mobile home is no longer necessary for the provision of care and supervision of the person with disabilities, if earlier. The appropriate authority may impose additional conditions deemed necessary to protect the purpose and integrity of the zoning district in which a mobile home is located and to protect the general welfare of the community.

• c. The Zoning Administrator may administratively approve the transfer of the permit to another person with disabilities who requires immediate supervision and care by the occupant of the other dwelling on the property. Proof of physical or mental disability may be required, and annual verification may be required.

3. Guidelines for Placement

• a. Given the incidental and subordinate nature of the mobile home to the primary residence, consideration shall be given to placing the unit in reasonable proximity to the primary residence.

• b. To the extent feasible, the yard standards for mobile home subdivisions contained in Section 4.4 of this Code shall be maintained for temporary mobile homes. [AMENDED 07-16-2020]

• c. Appropriate and reasonable landscape screening shall be considered and applied via conditions of approval where deemed necessary by the hearing authority.

4. Use of Mobile Home at Construction Sites

A commercial coach, mobile home, or other licensed vehicle used for the temporary housing of tools, equipment, or building assembly operations in connection with major construction projects or for providing public utility services during an emergency shall be permitted in any zoning district, with authorization by the Chief Building Inspector.

5. Use of Commercial Coaches as Temporary Offices

• a. A commercial coach may be used for a temporary office where such use is authorized in Table 3.3, “Allowed Uses in the Mixed Use, Commercial, and Industrial Zoning Districts,” and provided that a permit is secured from the Chief Building Inspector.

• b. A commercial coach may be used for a temporary office in any other zoning district, where such use is incidental to a use other than a residential use permitted in said zoning district, provided that a Temporary Use Permit is first obtained from the Zoning Administrator and further provided that a permit is obtained from the Chief Building Inspector.

6. Use of Mobile Home for Night Watchmen Quarters

• a. A mobile home may be used as a residence for a night watchman in any commercial or industrial zoning district where such use is incidental to a temporary use permitted in said zoning district, provided a permit is secured from the Chief Building Inspector.

• b. A mobile home may be used as a residence for a night watchman in any other zoning district, where such use is incidental to a use other than a residential use permitted in said zoning district, provided that a Temporary Use Permit is first obtained from the Zoning Administrator and further provided that a permit is obtained from the Chief Building Inspector.

7. Use of Commercial Coach for Temporary Classrooms

Commercial coaches may be used as temporary classrooms for private schools in any zoning district where private schools are permitted, provided that a Temporary Use Permit is obtained from the Zoning Administrator and further provided that a permit is obtained from the Chief Building Inspector.

8. Commercial Coaches for Temporary Commercial and Industrial Uses

• a. Commercial coaches may be considered as a temporary use for purposes of reconstruction of an existing permitted commercial or industrial use. Such commercial coaches shall:

  • i. Not diminish the parking requirement or obstruct vehicular circulation,

  • ii. Be within the buildable portion of the lot, and

  • iii. Meet all other applicable development standards within said zoning district.

• b. If all applicable development standards in Section 3.10.3.H.8.a cannot be met, a Temporary Use Permit must be obtained by the Planning Director.

• c. Duration of stay for a commercial coach at approved location is six months. The Zoning Administrator may extend the approval for a total duration of one year. The commercial coach and its installation are subject to approval of the Chief Building Inspector and the issuance of all necessary building permits prior to installation on site. The applicant shall post a bond as established by the Building Inspection Division to ensure removal by the end of the authorized period.

he Zoning Administrator may extend the approval for a total duration of one year. The commercial coach and its installation are subject to approval of the Chief Building Inspector and the issuance of all necessary building permits prior to installation on site. The applicant shall post a bond as established by the Building Inspection Division to ensure removal by the end of the authorized period.

3.10.3.I. Use of Urban Agricultural Stands 120 Square Feet and Smaller

[AMENDED 02-24-2017]

Urban Agricultural Stands, 120 square feet or smaller in area, are permitted as a temporary use on the site of an established private, community or market garden, subject to a Temporary Use Permit approved by the Zoning Administrator and the following:

1. The standards of Section 3.4.7. shall be maintained.

2. There shall be no annual limit on the number of occurrences and Temporary Use Permits shall be valid for up to one year.

3. Failure to comply with the provisions of Section 3.4.7. may result in permit revocation pursuant to Section 6.6.9.D. of this Code.

3.10.3.J. RV Use at Residential Construction Sites

[ADDED 06-07-2018]

The temporary use of a recreational vehicle is allowed for up to one year at a residential construction site where the primary dwelling is being constructed at the site provided that:

1. A building permit for a primary residential dwelling is active.

2. The recreational vehicle is connected to all necessary service facilities (sewer, water, power).

3. The use of the vehicle does not extend beyond 30 days after the issuance of the final building permit.

3.10.3.K. Emergency Temporary Use of Property

[ADDED 07-16-2020] [EXPIRED 05-05-2021]

3.10.3.L. Temporary Storage Containers

[ADDED 07-16-2020]

The use of temporary storage containers is permitted in any zoning district for up to one week. Storage containers must be located on impervious surfaces and outside of all easements and right-ofways.

FIGURE 3.1 DELTA BOUNDARY DEFINED

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