Article 6 — Special Temporary Activity Permits

Section 12-35.601. Intent. ¶

Temporary activities permitted subject to special temporary activity permit are those temporary activities which are required for the proper functioning of the community or are temporarily required in the process of establishing a permitted use, or constructing a public facility. Such activities shall be so conducted that they will not be detrimental in any way to the surrounding properties or to the community.

(Ord. 2019-04 § 1, eff. 7/4/19)

Section 12-35.602. Permitted activities. ¶

(a) The following activities shall be allowed upon the issuance of a special temporary activity permit by the Community Development Department:
- (1) Christmas tree and pumpkin sales (limited to 30 consecutive days);
- (2) Carnivals, circuses, special events (limited to 10 consecutive days);
- (3) Garage sale permits (limited to 60 consecutive hours);
- (4) Parking and storage of earth moving or construction equipment;
- (5) Storage of materials incidental to the carrying on of a public works project, subdivision or construction project;
- (6) Tract home or lot sales office;
- (7) Construction trailers, recreational vehicles used as a temporary residence for construction superintendents, garages and sheds for use during building and subdivision construction;
- (8) Storage, temporary, of materials and construction equipment used in conjunction with construction or maintenance of streets and highways, sewers, storm drains, pipelines or similar uses;
- (9) Fireworks sales (limited to eight consecutive days);
- (10) Temporary outdoor display and sale of merchandise to the public in connection with an established business in the City and on the same property thereof (limited to 72 hours within a one-week period, and not more than once every quarter) provided that such merchandise is the usual and customary merchandise sold by the established business;
- (11) Temporary retail sales within a hotel or motel.
- (12) Offsite auto sales.
- (13) Community event barbecues up to a maximum of 25 days per calendar quarter, subject to the regulations contained in Section 12-35.606 .
- (14) Occasional event barbecues, occurring not more than three consecutive days in any calendar quarter, subject to the regulations contained in Section 12-35.606(c)(1)(E) .
- (15) Charitable event barbecues, occurring not more than three consecutive days in any calendar quarter, subject to the regulations contained in Section 12-35.606(c)(1)(F) .
- (16) Outdoor sales of produce, in connection with a Community Event.
(b) Except as permitted by subdivision (a), the outdoor sale of produce is specifically prohibited, unless conducted in association with a certified farmers' market operation or a legal nonconforming swap meet.
(Ord. 2019-04 § 1, eff. 7/4/19)

Section 12-35.603. Application and filing fee. ¶

Application for a special temporary activity permit may be made by the property owner or an authorized agent of the property owner. Such applications shall be filed with the Community Development Department. The Community Development Department shall charge and collect a filing fee for each such application, as determined by resolution of the Council.

(a) Supplemental information may be required to document that the special temporary activity permit will not cause adverse or detrimental effects on neighboring properties or the public.
(b) The Community Development Director shall have the discretion to refer a Special Temporary Activity Permit application to the Planning Commission as a discretionary permit application due to proposed activity's complexity, size, intensity, impacts, location, or for any other reason deemed necessary. Such referred application shall be assessed the appropriate fees.
(Ord. 2019-04 § 1, eff. 7/4/19)

Section 12-35.604. Permit provisions. ¶

In approving a special temporary activity permit, the approval shall be made subject to a time limit and other provisions deemed necessary to assure that the proposed special temporary activity conforms to the intent and purpose of the provisions of this Title and will cause no adverse effects. Such provisions may include the following:

(a) Regulation of hours;
(b) Regulation of lights;
(c) Requirement of bonds or other guarantees for cleanup or removal of structure or equipment;

(d) Such other conditions deemed necessary to carry out the intent and purpose of this article. (Ord. 2019-04 § 1, eff. 7/4/19)

Section 12-35.605. Approval or denial. ¶

Application for special temporary activity permit shall be reviewed by the Community Development Director or designee. Approval shall be given only when:

(a) The applicant of a temporary activity permit substantiates to the satisfaction of the Community Development Director that the proposed temporary activity shall be conducted to comply with the following findings:
- (1) That the use will have no adverse effect upon abutting property.
- (2) That the establishment, maintenance and/or conducting of the barbecue will not be detrimental to the health, safety, or welfare of persons residing or working in the neighborhood of such use and will not be detrimental to the public welfare, injurious to property or improvements in said neighborhood or contrary to its orderly development.
(b) The Community Development Director determines the proposed special temporary use conforms to the intent and purpose of the provisions of this title.
(Ord. 2019-04 § 1, eff. 7/4/19)

Section 12-35.606. Event barbecues. ¶

(a) Application:
- (1) An applicant for a special temporary activity permit for Community, Occasional, and Charitable (Benefit) Event Barbecues, shall acknowledge the Event Barbecue shall conform to the requirements set forth in this Chapter to assure that there will be no adverse impacts to both the community and the qualified non-profit, charitable, or sponsor organizations that carry on the Santa Maria barbecue traditions.
- (2) The applicant shall identify the site of the proposed barbecue and the Community Development Department shall assist the applicant in preparing the required site plan.
- (3) The application shall be filed with the Community Development Department,
- (4) Any changes to the location, method of operation, or the size of the trailers or vehicles will require a revision to the special temporary activity permit.
- (5) The application shall include:
  - (A) A copy of a valid health permit or exemption issued by the Santa Barbara County Public Health Department for the Community Event, Occasional Event, or Charitable (Benefit) Event Barbecue.
  - (B) Permission from the property owner or authorized agent to use the site for the barbecue on specified dates.
  - (C) An accurate site plan showing the location of the facilities.
(b) Site and Operational Guidelines:
- (1) The Community Development Department may offer direction and suggestions to assist the special temporary activity permit applicant in their conformance to the following operational guidelines:
  - (A) All vehicular drive aisles shall remain clear of obstructions.
  - (B) Utility lines shall not interfere with vehicular or pedestrian travel and avoid tripping or other safety hazards.
  - (C) All equipment and seating shall be located on a paved surface and shall not violate sight distance standards (SMMC 12-27.03 Corner Cutback Provisions).
  - (D) Only structures or equipment required to comply with County Health Department standards may be attached to the pavement or other structures on the property.
  - (E) No vehicles, signage, or other equipment shall be located in the public right-of-way or obstruct public access into adjacent buildings.
  - (F) Event barbecue signage requires no permits when the signage is attached to a vehicle, trailer, or tent, but shall otherwise comply with the number and size limitations of the sign regulations (SMMC 12-34).
  - (G) Only food and beverages may be sold in conjunction with the barbecues and no off-site sales are permitted.
  - (H) Alcohol sales are prohibited.
  - (I) The site shall be kept free and clear of litter during and after the hours of operation.
  - (J) Required on-site parking spaces may not be occupied prior to the hours of operation contained in this Section.
(c) Additional Provisions for Community Event Barbecues:
- (1) To assure that there will be no adverse impacts to the community, the following conditions shall be made part of the special temporary activity permit for a Community Event Barbecue:

(A) The barbecues may occur on two of the three weekend days (Friday, Saturday, or Sunday), and on designated Federal holidays, up to a maximum of 25 days per calendar quarter.

- (B) The barbecue hours of operation shall be between 7 a.m. to 9 p.m. 

- (C) The equipment may be placed on the site between the hours of 7 p.m. and 10:00 p.m. on the night before the proposed day of operation and shall be removed from the site by 9 a.m. on the following day. When not in use, all vehicles, equipment, and trailers associated with the barbecue shall be removed from the site. 

- (D) The size and number of barbecue facilities allowed per site shall be determined by the City Zoning Administrator. 

   - i. The Zoning Administrator may allow more than one group to operate on the same property under a master site application when the property owner agrees to control the calendar dates and groups operating at specified locations on the property, as approved. 

   - ii. The Zoning Administrator may allow more than one group to operate on the same property under a master site application when the property owner is a qualified sponsor organization. 

- (E) A qualified organization may apply for a conditional use permit from the Planning Commission to operate a barbecue solely for that organization's own fundraising, which occurs on the premises or primary facility of the organization on those days when the community event does not apply. 

- (F) Community event barbecues are special temporary use permits issued by the Community Development Department and may be transferred between qualified sponsor groups with notification to the Community Development Department and subject to the requirements of this Section. 

- (G) The permitted site location may be moved, with the site plan approval of the Community Development Department, once per calendar quarter.

(H) Barbecues shall comply with all applicable state and local laws. Unless obtaining a conditional use permit from the Planning Commission, the number and size of the equipment shall be limited as follows:
- i. Each registered vehicle or trailer used in conjunction with the weekend barbecue events shall be limited to a length of 26 feet.
- ii. Barbecue units shall be limited to a length of 12 feet and a height of seven feet, including any hood structures.
- iii. No more than seventy-two linear feet of barbecue and support vehicles may be used for the community event barbecue.

(Ord. 2019-04 § 1, eff. 7/4/19)

Section 12-35.607. Offsite auto sales. ¶

(a) Offsite auto sales at the following locations in accordance with Community Development Department pre-approved site plans, or at any site that meets the criteria in (12)(A)(i-v), are a special temporary use: Mervyn's (Town Center West), Town Center East/Parking Structure A, Town Center East/Parking Structure B, Madonna Plaza (1318 South Broadway), Rancho Bowl (128 East Donovan Road), G & S Carpets (222 E. Donovan Road), Santa Barbara County Government Center (2115 Centerpointe Parkway), and K-Mart (2875 Santa Maria Way):
- (1) that the site is located adjacent to, and accessible from, a Primary or a Secondary Arterial as identified in the City's General Plan Circulation Element;
- (2) that the parking lot is of sufficient size and arrangement/layout to accommodate the parking and traffic circulation demands of the existing use(s) as well as the temporary auto sales activities, in accordance with Chapter 12-32 (Off-Street Parking and Loading) of this Code;
- (3) that the site is not located within a residential district; and
- (4) that the site can accommodate the traffic load on weekends.
- (5) Redevelopment Agency and State property are exempted from this criteria.
(b) That off-site auto sales are held twice per month on each parking lot, each for a maximum of 72 consecutive hours.
(c) That new and used vehicles, including recreational vehicles and boats, may be sold.
(d) A valid City business license is required.
(e) Written permission from the property owner, or an authorized agent of the property owner, shall be included with the application to use the site for the off-site auto sales on specified dates.
(f) When the principle place of business for the person or business entity conducting the off-site vehicle sale is not located within the City of Santa Maria, a deposit of $1,000.00 will be required as part of the temporary use permit. The deposit is intended to ensure that the City of Santa Maria receives the sales tax owed for all sales of vehicles occurring within the City limits. In addition, for sellers whose principle place of business is not located within the City of Santa Maria, a copy of the seller's completed State Board of Equalization Form B-530 must be submitted to the City within 10 days after the conclusion of the sale to enable tracking of the receipt of sales tax revenue. Once the City has received the appropriate amount of sales tax revenue from the State Board of Equalization, the $1,000.00 deposit will be returned to the seller.
(Ord. 2019-04 § 1, eff. 7/4/19)