Chapter 18.122 — Temporary Use Permits

Sections

18.122.010 – Purpose 18.122.020 – Definition 18.122.030 – Applicability 18.122.040 – Exempt Temporary Uses 18.122.050 – Allowed Temporary Uses 18.122.060 – Application Filing, Processing, and Review 18.122.070 – Director’s Review 18.122.080 – Findings and Decision 18.122.090 – Conditions of Approval 18.122.100 – Condition of Site Following Temporary Use 18.122.110 – Post-Decision Procedures

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

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The following minor and limited duration temporary uses are exempt from the permit requirement for a Temporary Use Permit. Temporary uses that do not fall within the categories defined below shall comply with Section 18.122.050 (Allowed Temporary Uses), below.

A. Construction Sites – On-Site.

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

• One caretaker unit may be present on-site during non-construction hours.

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3. The construction and/or storage use shall be removed immediately upon completion of the construction project, or the expiration of the companion 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 Director.

• C. Garage and Yard Sales. Residential garage and yard sales for the purpose of selling used household merchandise not to exceeding two, two-day periods each year.

• D. Events on Publicly Owned Property. Events that are conducted solely on publicly owned property and are sponsored by educational, fraternal, or service organizations directly engaged in civic or charitable efforts, subject to the approval of the Director.

The following temporary uses are allowed on private property, subject to the issuance of a Temporary Use Permit, and only when conducted in compliance with the specified time limits and Section 18.124.090 (Conditions of Approval), below. A Temporary Use Permit shall not be issued if another temporary use has occurred on the subject property within the previous 30 (whether by the same applicant or otherwise).

• A. 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 180 days and extended in 180-day increments, with Director approval, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

• B. Special Events.

  1. Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, festivals, flea markets, food markets/events, outdoor entertainment/festivals/sporting events, petting zoos, religious revivals, rodeos, rummage sales (not garage or yard sales), tent camps, and swap meets limited to six consecutive days or less within any 30-day period, or six two-day weekends, within a 12-month period. When an annual plan is submitted to and approved by the Director, the frequency and duration of these special events may be extended.

  2. Outdoor display and sale events conducted by a retail business, including auto dealerships, holding a valid Business License, issued in compliance with SCCC Title 5 (Business Licenses and Regulations), may be allowed a maximum of six outdoor sale events (excluding City-sponsored activities). For purposes of this Subsection, an outdoor sale event shall be no longer than seven consecutive days in duration. When an annual plan is submitted to and approved by the Director, the frequency and duration of these special events may be extended.

  3. Outdoor meetings and group activities/assemblies for two or less seven consecutive day events, within a 12-month period.

  4. Seasonal sales (i.e., Halloween pumpkin sales and Christmas tree sale lots) in compliance with SCCC Title 5 (Business Licenses and Regulations) provided, the length of the activity may not exceed 45 days in any 365-day period.

  5. Car washes, limited to one event each month for each site, not exceeding three days in length, and prohibited within the residential zones. Sponsorship shall be limited to charitable, educational, fraternal, religious, schools, or service organizations directly

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engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.

• C. Temporary Residential Real Estate Sales Offices. One temporary real estate office may be located in any approved residential subdivision located within any residential or mixed-use zone in the City.

1. The temporary real estate office shall be used only for the sale of residential or commercial property located within the subdivision in which the office is located.

   2. The temporary real estate office shall be removed at the end of two years following the date of the recording of the final map of the subject subdivision in which the Office is located.

   3. If any parcels within the subdivision have not been sold at the end of the original two-year period, the Director may approve extensions for the continuation of the real estate office on a month-to-month basis.

• D. Temporary Structures. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum period of 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.

• E. Temporary Work Trailers. A permit for temporary work trailer(s) may be approved by the Director for up to 12 months, as a temporary work site for employees of a business:

  1. During construction or remodeling of a permanent commercial, industrial, or mixed-use structure, when a valid Building Permit is in force; or

  2. Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.

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

• G. Temporary Uses Needing Additional Days to Operate. Applications for temporary uses (other than the uses specified in Subparagraph B., above that are proposed to last more than six days (but not more than 45 days) or those proposed for a period of more than 15 consecutive days shall require the approval by the Director of a Minor Use Permit in compliance with Chapter 18.114.

• A. Filing. An application for a Temporary Use Permit shall be filed with the Department in the following manner:

  1. An application for a Temporary Use Permit shall be filed and processed in compliance with Chapter 18.112 (Application Processing Procedures). The application shall include the information and materials specified in the most up-to-date Department handout for Temporary Use Permit applications, together with the required fee in compliance with the Fee Schedule.

  2. The application shall be filed with the Department at least 30 days before the date that the proposed temporary use is scheduled to take place.

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3. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 18.112.060 (Initial Review of Application).

• B. Evidence. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 18.122.080 (Findings and Decision), below.

• C. Notice Requirements for Director’s Review of a Temporary Use Permit Application.

  1. Notice shall be provided in compliance with Chapter 18.146 (Public Notices and Hearings), subject to the exceptions specified in this Subsection, and shall be mailed to all owners of real property as shown on the latest assessment rolls, located immediately adjacent (both sides, rear, and immediately across the street) to the parcel that is the subject of the application; and any other person(s) whose property may, in the judgment of the Director, be affected by the proposed project at least 10 days before the date of the Director’s consideration and final decision as stated in the notice.

  2. The mailed notice shall state that the Director will consider and decide whether to approve, conditionally approve, or deny the Temporary Use Permit application on a date specified in the notice.

  3. The Director may defer action and refer any Temporary Use Permit request to the Commission for consideration and final decision.

• A. Director’s Action. The Director may approve a Temporary Use Permit for a temporary use that would be operated in compliance with Section 18.122.090 (Conditions of Approval) below; or the Director may defer action and refer the application to the Planning Commission for review and final decision.

• B. Referral of Application. Each Temporary Use Permit application shall also be referred, as needed, to the Building Official, Environmental Health Division, Fire Department, Police Department, Public Works Department, or their designees, for their recommendations for approval, modification, conditions, or denial in compliance with their respective entitlements and regulations including but not limited to the following:

  1. The Santa Clara Police Department shall review the applicant’s security and traffic plans or make a determination that no such plans are required.

  2. The Santa Clara Fire Department shall review the applicant’s plans for any proposed fire control devices, tents and canopies, cooking equipment, pyrotechnics, and emergency vehicle access.

  3. The Building Division shall review any temporary electrical connections.

  4. The applicant shall secure any necessary permits from the California Department of Alcoholic Beverage Control or shall certify that no alcohol sales will occur.

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1. The temporary events shall be conducted in compliance with the applicable standards specified in Section 18.60.190 (Temporary Uses).

2. Furthermore, the standards for parking, vehicle and delivery truck ingress and egress, structure setbacks, heights, landscaping requirements, and other structure and property development standards that apply to the category of use or the zone of the subject property shall be used as a guide for determining the appropriate development standards for temporary uses. However, in approving the Temporary Use Permit, the Director may authorize variation from the specific requirements as may be appropriate, so long as variations do not negatively impact abutting properties to an unacceptable level.

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1. Fixed period of time;

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2.

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