§ 19.34

The purpose of this Chapter is to establish standards for temporary activities and uses to ensure the overall health, safety and general welfare of the community is maintained and to establish permit and processing

requirements of these temporary activities and uses.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

A.

Temporary Use Permit Required. A Temporary Use Permit is required for each individual, agency, organization, institution or business wishing to conduct a temporary activity or use in conformance with the standards of this Chapter. A Temporary Use Permit is required for the following activities and uses:

1.

Circuses, carnivals, concerts, rodeos, parades, car shows/sales, motor sports events, or similar- outdoor events or enterprises.

2.

' Farmers market uses.

3.

Outdoor art and craft shows and exhibits.

4.

Sidewalk or parking lot sales.

5.

Christmas tree sales lots, Halloween pumpkin sales, and other similar holiday sales.

6.

Charitable or school-sponsored drop-off bins for recycling and/or for drop-off of clothes and small items.

7.

Temporary security quarters, earth stockpiling sites, and/or storage yards on the site of a construction project.

8.

Reserved.

9.

Temporary model home/sales office for the sale or lease of residential property or vacant lots.

Manufactured homes, mobile offices, or other approved structures to provide temporary office, retail, meeting, assembly, wholesale, manufacturing and/or storage space for commercial, industrial or institutional uses.

11.

Seagoing cargo containers and other similar storage containers used for temporary storage.

12.

Recreational or other civic uses which are strongly vested with public or social importance.

13.

Additional uses and corresponding regulations determined by the Community Development Director.

B.

Conditional Use Permit Required. Uses identified in Subsection 19.34.020.A of a proposed duration exceeding that specified in Section 19.34.160 (Temporary Use Standards) shall require a Conditional Use Permit in accordance with Chapter 19.42 (Conditional Use Permit).

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

19.34.030 - Application and Required Fees

A.

Application Filing and Processing. Applications for a Temporary Use Permit shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 19.28.050 (Applications and Fees).

C.

A copy of the public liability insurance, along with an endorsement naming the City of Twentynine Palms as an additional insured, and which includes coverage for the effective dates of the permit with a minimum limit of liability of $1 million per claim or occurrence shall be submitted with the application.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

Temporary Use Permits shall be approved by the specified approving authority as designated in Table 19.28.110-1 (Approving Authority for Land Use Permits). The designated approving authority is authorized to approve, conditionally approve, modify or deny a Temporary Use Permit application.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

No public hearing is required for processing of a Temporary Use Permit.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

In approving an application for a Temporary Use Permit, the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this Code, ensure consistency with the goals and policies of the General Plan,. Conditions may include, but shall not be limited to:

A.

Hours of operation.

B.

Walls, fences and lighting necessary to reduce possible detrimental effects to surrounding properties and to protect the public health, safety and welfare of the City.

C.

The issuance of a cash performance bond deposited with the City to defray the City's costs of providing services or cleaning up the property in the event the permittee fails to do so.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

Prior to approving a Temporary Use Permit as prescribed by this Chapter, the approving authority shall make all the following.findings:

A.

The operation will not jeopardize, endanger or otherwise constitute a risk to public health, safety or welfare.

B.

The proposed site will accommodate the temporary use without being materially detrimental to the use and enjoyment of other properties in the vicinity.

C.

The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the traffic that the temporary use will or could reasonably be expected to generate.

D.

Adequate temporary parking will be available either on-site or at an acceptable alternate location.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

Written notice of decision shall be provided within five business days of the date of decision to the applicant and interested parties having requested notices in writing. The notice shall include:

A.

The application request as acted upon by the Director.

B.

The action taken by the Director.

C.

The deadlines, criteria and fees for filing an appeal.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

Temporary Use Permits shall become effective on the day immediately following expiration of the appeal period when no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section 19.28.120 (Appeals).

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

Temporary Use Permits shall expire one year from the date the original approval was granted, unless a shorter period is specified in the terms of the permit approval.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

No extensions are permitted for Temporary Use Permits.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

Amendments to an approved Temporary Use Permit shall be processed as a new application.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

Where this Chapter prescribes regulations more restrictive than the land use district in which a temporary use is proposed, the provisions of this Chapter shall apply.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

19.34.150 - Temporary Use Standards

A.

General Standards. The following standard shall apply to all temporary activities and uses:

1.

Upon completion or removal of the temporary activity or use, each site shall be left free of litter and any other evidence of the temporary use within 48 hours.

B.

Standards by Activity/Use, The following standards shall apply to the specified temporary activity or use: .

1.

Circuses, carnivals, concerts, rodeos, parades, car shows/sales, motor sports events, or similar outdoor events or enterprises shall not exceed seven consecutive calendar days of operation. A maximum of four events may be held in any calendar year.

2.

Farmers market uses shall not exceed 28 days in duration in any calendar year and shall not exceed seven consecutive calendar days of operation, except as otherwise allowed pursuant to Chapter 19.110 (Farmers Market Uses). A maximum of four events may be held in any calendar year. All farmers market uses shall comply with the standards of Chapter 19.110 (Farmers Market Uses).

3.

Outdoor art and craft shows and exhibits shall not exceed seven consecutive calendar days of operation, A maximum of four events may be held in any calendar year.

4.

Sidewalk or parking lot sales shall be in commercially zoned districts and shall not exceed seven consecutive calendar days of operation. A maximum of four events may be held in any calendar year.

5.

Christmas tree sales lots, Halloween pumpkin sales, and other similar holiday sales shall not exceed 40 consecutive calendar days of operation. A maximum of four events may be held in any calendar year.

6.

Charitable or school-sponsored drop-off bins for recycling and/or for drop-off of clothes and small items shall be located on commercial, industrial, or publicly owned property and may not exceed 90 days in duration in any calendar year. These may be consecutive days or cumulative days in any calendar year.

7.

Temporary security. quarters, earth stockpiling sites, and/or storage yards on the site of a construction project may continue for the duration of a valid Building Permit.

8.

Reserved.

9.

Temporary model home/sales office for the sale or lease of residential property or vacant lots shall meet the following minimum requirements:

a.

The model home/sales office shall be located in the subdivision or development for which the property is being offered.

b.

A minimum of four paved parking spaces shall be provided.

c.

A cash performance bond shall be provided, in an amount appropriate to guarantee removal and/or conversion of the sales office and attendant facilities.

10.

Manufactured homes, mobile offices, or other approved structures to provide temporary office, retail, meeting, assembly, wholesale, manufacturing and/or storage space for commercial, industrial or institutional uses may continue for the duration of a valid Building Permit.

11.

Seagoing cargo, containers and other similar storage containers used for temporary storage may continue for the duration of a valid Building Permit.

12.

Recreational or other civic uses which are strongly vested with public or social importance. Such uses may continue for the duration as specified in the permit, not to exceed 30 consecutive days.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

Editor's note— Ord. No. 304, § 4(Exh. A), adopted June 27, 2023, repealed the former § 19.34.150, which pertained to annual renewal of temporary use permit, and renumbered the previous § 19.34.160 as § 19.34.150. The former § 19.34.150 derived from the original codification.

Chapter 19.35 - Film Permits