Chapter 20.540 — TEMPORARY USE PERMITS, ANNUAL ADVERTISING PERMITS AND SPECIAL EVENT…

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. (Ord. 1017, 2013)

For purposes of this Chapter, a temporary (short-term) land use activity is defined as a land use that is interim, non-permanent, and/or seasonal in nature, and generally not conducted for more than 30 consecutive days in duration. A special event is defined as a retail outdoor sales event that is associated with a permanently established business and that may occur periodically throughout the course of a year.

(Ord. 1017, 2013)

• A. Minor Short-Term Activities.

  1. A Temporary Use Permit allows short-term activities that might not meet the normal development or use standards of the applicable zone, but may otherwise be acceptable because of their temporary nature.

  2. A Special Event Permit is an annual permit authorizing special events (i.e., outdoor retail sales event associated with a permanent business) for a period of up to three days up to four times per calendar year.

• B. Temporary Use Permit Required.

  1. Temporary land uses shall not be established, operated, or conducted in any manner without the approval and maintenance of a valid Temporary Use Permit approved in compliance with this Chapter.

  2. Special events/retail outdoor sales shall not be established, operated, or conducted in any manner without the approval and maintenance of a valid Special Event Permit approved in compliance with this Chapter.

• C. Categories of Land Uses. The following categories of temporary land uses identify the type of permit required, if any, based on the proposed duration, size, and type of use:

  1. Exempt Temporary Uses. Exempt temporary uses are identified in Section 20.540.040 (Exempt Temporary Uses), below; and

  2. Temporary Uses Requiring a Temporary Use Permit. Temporary uses requiring a Temporary Use Permit are identified in Section 20.540.050 (Allowed Temporary Uses), below.

  3. Special Events/Retail Outdoor Sales Requiring a Special Event Permit. Retail outdoor sales that occur on an episodic basis over the course of a calendar year requiring a Special Event Permit are identified in Section 20.540.060 (Allowed Special Events Uses).

• (Ord. 1017, 2013; Ord. 1146, 9/10/2024)

The following minor and limited duration temporary uses are exempt from the requirement for a Temporary Use Permit. Uses that do not fall within the categories defined below shall comply with Section 20.540.050 (Allowed Temporary Uses) or 20.540.060 (Allowed Special Events Uses).

• A. Construction yards - on-site.

  1. On-site contractors' construction yard(s), in conjunction with an approved construction project on the same parcel.

  2. One adult caretaker may be present during non-construction hours.

  3. The construction yard 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 Council.

• C. Garage sales. Garage sales that are in compliance with Municipal Code Chapter 5.48 (Garage Sales). (Ord. 1017, 2013)

The following temporary uses are allowed, subject to the issuance of a Temporary Use Permit, and only when conducted in compliance with Section 20.540.090 (Conditions of Approval), below.

• A. Car Washes. Car washes, limited to one event each month for each sponsoring organization, not exceeding three days in length. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Internal Revenue Code.

• B. Contractors' Construction Yards — Off-Site. The permit may be effective for up to 12 months, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

• C. Entertainment/Leisure Gatherings. Events not associated with a permanently established business and not held on premises designed to accommodate such events (e.g., auditoriums, stadiums, etc.) including the following:

  1. Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, farmer's markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second-hand sales, and swap meets for 14 consecutive days or less, or six three-day weekends, within a 12-month period.

  2. Outdoor gatherings/meetings and group activities (e.g., neighborhood festivals, etc.) for seven consecutive days or less, within a 12-month period. The 12 month limitation is per group.

• D. Fireworks Sales. Fireworks sales that are in compliance with Municipal Code Chapter 17.04 (Safe and Sane Fireworks).

• E. On-Location Filming. The temporary use of a specified and approved on-location site for occasional commercial filming (e.g., commercials, movie(s), videos, etc.) on location in compliance with Government Code Section 65850.1 . The Director shall find that the approval would not result in a frequency of use likely to create incompatibility between the temporary filming activity and the surrounding areas.

• F. Storage During Construction. Storage of equipment during construction activities for up to 12 months, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

• G. Temporary Sales Trailers.

  1. A trailer may be used for temporary sales activities (e.g., model home sales, etc.) in approved development projects and with a valid Building Permit.

  2. A permit for temporary sales trailer(s) may be approved for up to 12 months.

• H. Temporary Structures. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 12 months, as an accessory use or as the first phase of a development project, in the commercial and industrial zones.

• I. Temporary Work Trailers.

  1. A trailer or mobile home may be used as a temporary work site for employees of a business:

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

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

  2. A permit for temporary work trailer(s) may be approved for up to 12 months.

• J. (Reserved)

• K. Civic and Philanthropic Events On Publicly-Owned Property. Events that are to be conducted on publiclyowned property and are sponsored by educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or by tax-exempt organizations in compliance with 501(c) of the Federal Internal Revenue Code.

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

• M. Seasonal Sales.

  1. Where Allowed. A temporary seasonal sales facility for the sale of Christmas trees or Halloween pumpkins is allowed adjacent to any principal, major, or primary arterial, as identified in General Plan

Exhibit 5-1 (Roadway Classifications), in any zone and on all religious institution sites or school sites.

2. Time Limit. Outdoor seasonal sales activities shall be limited to the following.

   • a. Christmas tree sales facility may be open from the day after Thanksgiving through December 26th of the same calendar year.

   • b. A Halloween pumpkin sales facility may be open for business from October 1st through October 31st of the same calendar year.

3. Merchandise to Be Sold. A Christmas tree or Halloween pumpkin sales facility shall only sell items directly associated with that season.

4. Post-Event Clean-Up. The lot shall be returned to its original state within five days after the expiration of the Temporary Use Permit. The Director may require a guarantee or security deposit to ensure that the lot is properly cleaned-up.

• (Ord. 1017, 2013; Ord. 1146, 9/10/2024)

• A. Allowed Special Event/Retail Outdoor Sales Uses. A Special Event/Retail Outdoor Sales Permit is required for any outdoor display, including tents, and sales of merchandise associated with a permanently established business within commercial zones. Such uses are also permitted on retail properties located on Monroe Avenue within Industrial zones.

• B. Allowed Additional Signs. Refer to § 20.20.325 (Signs) for a list of additional temporary signs permitted during special events.

• C. Special Events at Multi-Tenant Commercial Centers. One tenant within a multi-tenant commercial center may hold a special event at one time. If the center wishes to allow more than one tenant to hold a special event at a time, or if all tenants within the same commercial center propose a center-wide special event, the Director may approve the event(s).

• D. Parking Lot and Sidewalk Sales. Parking lot and sidewalk sales shall comply with the following standards:

  1. Each sale shall be limited to a period of three consecutive days.

  2. A maximum of three sales shall be allowed for each business during each calendar year.

  3. The applicant for a sidewalk sale shall obtain the written authorization of the property owner and shall provide proof of notification at least 10 days prior to the proposed sale to all other businesses on the same lot, or within the same shopping center, that a parking lot or sidewalk sale will be conducted, the times it will be conducted, and that no other sale within 30 days of the subject sale will be allowed.

  4. The items to be sold are of the same type that are regularly displayed and sold at the business location.

  5. The activity shall not pose a hazard to pedestrians or encroach on a required building exit.

  6. Safe vehicle ingress and egress shall be provided at all times.

7. Adequate parking shall be provided and maintained during the course of the activity for both the business of the applicant and all other businesses on the same lot or within the same shopping center.

(Ord. 1017, 2013; Ord. 1146, 9/10/2024)

• A. Annual advertising signs. Annual advertising signs and civic event signs may be approved by the community development director as a means of publicizing business and civic activities. Annual advertising signs include banners, and for automotive and mobile home dealerships, pennants and balloons. Such annual advertising signs shall be limited to the following:

  1. Permit required. No annual advertising sign shall be erected without obtaining an annual advertising permit. Promotional activity signs may be placed on a site subject to approval of the community

development director; provided that the annual advertising signs do not create safety hazards or block signs identifying adjoining establishments, and comply with this chapter.

2. Time period. An annual advertising permit is valid for a period of one year from the date of approval. The permit becomes void at the end of one year and a new permit application must be submitted and approved to continue display of advertising signage.

• B. Allowed additional signs. Refer to Section 20.20.325 (Signs) for a list of additional temporary signs allowed through an Annual Advertising Permit.

• (Ord. 1017, 2013)

• A. Filing. An application for a Temporary Use Permit or a Special Event/Retail Outdoor Sales Permit shall be filed with the Department in the following manner:

  1. An application for a Temporary Use Permit or a Special Event/Retail Outdoor Sales Permit shall be filed and processed in compliance with Chapter 20.500 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Temporary Use Permit or Special Event/Retail Outdoor Sales Permit applications, together with payment of the required fee in compliance with the City's Planning 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.

  3. The application shall include the property owner's written authorization to use the property and proof of a valid Business License.

  4. The application must include proof of Orange County Fire Authority approval.

  5. For Special Event/Retail Outdoor Sales Permit applications, the applicant shall indicate the dates and duration of each special event that would be held throughout the calendar year. Special Event Permits are annual permits. These permits may be obtained up to four times in a calendar year for a fee identified in the Planning Fee Schedule.

• B. Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 20.540.080 (Findings and Decision), below.

• C. Project Review Procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Chapter.

• D. Public Hearing Not Required. A public hearing shall not be required for the Director's decision on a Temporary Use Permit or a Special Event/Retail Outdoor Sales Permit application. However, the Director, at the Director's discretion, may require notification of property owners abutting and adjacent to the subject property, or to all property owners within a 300-foot radius of the subject property.

• E. Director's Review. The Director may approve a Temporary Use Permit or a Special Event/Retail Outdoor Sales Permit for a use that would be operated in compliance with Section 20.540.090 (Conditions of Approval) below; or the Director may defer action and refer the application to the Commission for review and final decision.

• (Ord. 1017, 2013; Ord. 1146, 9/10/2024)

• A. Director's Review. The Director shall review applications and shall record the decisions in writing with the findings on which the decisions are based.

• B. Required Findings. The Director (or the Commission on a referral) may approve a Temporary Use Permit or Special Event Permit application, with or without conditions, only if it first makes all of the following findings:

  1. The operation of the requested temporary use at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public convenience,

health, safety, or general welfare;

2. The proposed parcel is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the parcel;

3. 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;

4. Adequate temporary parking to accommodate vehicular traffic to be generated by the temporary use will be available either on site or at alternate locations acceptable to the Director.

• C. Special Events in compliance with Section 20.540.060.D may be approved by the Director or designee subject to appropriate conditions of approval as specified in Section 20.540.100 .

• (Ord. 1017, 2013; Ord. 1146, 9/10/2024)

• A. May Impose Conditions. In approving a Temporary Use Permit application or a Special Event/Retail Outdoor Sales Permit, the Director (or the Commission on a referral) may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Section 20.540.080 (Findings and Decision), above.

• B. Appropriate Conditions. Conditions of approval may include any of the following:

  1. Fixed Period of Time.

     • a. For a temporary use not occupying a structure, a Temporary Use Permit shall be valid for a fixed period of time not to exceed 30 days.

     • b. For promotional activities, a Special Event/Retail Outdoor Sales Permit shall be valid for a fixed period of time not to exceed 12 months.

     • c. For all other temporary uses or structures, a Temporary Use Permit shall be valid for a fixed period of time not to exceed 12 months.

     • d. Permits may be issued for a shorter period of time as determined appropriate by the Director.

     • e. Permits may be granted an extension of time in compliance with Section 20.540.110 (Extensions for Temporary Use Permits), below.

  2. Operating Hours and Days. Regulation of operating hours and days, including limitation of the duration of the temporary use, as identified in subsection B.1 above;

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

  4. Pedestrian and Vehicular Circulation. Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation, if applicable;

  5. Nuisance Factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, trash, and vibration;

  6. Dimensions and Placement of Temporary Structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

  7. Sanitary and Medical Facilities. Provision for sanitary and medical facilities, as appropriate;

  8. Utilities. Requirements for placement of electrical wiring and outlets;

  9. Waste Collection, Recycling, and/or Disposal. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal;

  10. Police/Security and Safety Measures. Provision for police/security and safety measures, as appropriate;

  11. Signs. Regulation of signs;

  12. Performance Bond or Other Security. Submission of a performance bond or other security measures, in compliance with § 20.565.070 (Performance Guarantee) and satisfactory to the Director, 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, or better, as determined by the Director;

ity. Submission of a performance bond or other security measures, in compliance with § 20.565.070 (Performance Guarantee) and satisfactory to the Director, 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, or better, as determined by the Director;

13. Compliance with Applicable Provisions. A requirement that the approval of the requested Temporary Use Permit is contingent upon compliance with applicable provisions of the Municipal Code and the successful approval of any/all required permits from any other department or governing agency; and

14. Other Conditions. Other conditions that would ensure the operation of the proposed temporary use in an orderly and efficient manner, and in full compliance with the purpose of this Chapter.

(Ord. 1017, 2013; Ord. 1146, 9/10/2024)

Time extensions for Temporary Use Permits and Special Event Permits may be granted in compliance with Section 20.565.090 (Time Extensions).

(Ord. 1017, 2013)

Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall continue to be used in compliance with this Zoning Code. (Ord. 1017, 2013)

• A. The procedures and requirements in Chapter 20.565 (Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 6 (Administration) shall apply following the decision on a Temporary Use Permit application.

• (Ord. 1017, 2013; Ord. 1146, 9/10/2024)