§ 16.16.090. Minor use permits—Temporary uses.

A.

Purpose and Intent. The minor use permit is intended to allow for the short-term placement (usually six months or less) of activities on privately or publicly owned property with appropriate regulations so that such activities will be compatible with the surrounding areas.

B.

Authority. The community development director is authorized to approve minor use permits for temporary uses, subject to the appeal provisions of Section 16.12.150. A public hearing shall not be required for issuance of a temporary use permit. Temporary uses may be subject to additional permits, other city department approvals, licenses, and inspections as required by any applicable laws or regulations.

A permit shall not be required for events that occur in theaters, meeting halls, or other permanent public assembly facilities.

C.

Permitted Temporary Uses. An application for a temporary use permit shall be required for the following activities and shall be subject to conditions established in this section and any other additional conditions as may be prescribed by the community development director.

1.

Parking lot and sidewalk sales for businesses located within a commercially designated property. Such uses shall be subject to the sign regulations contained within Chapter 16.60;

2.

Outdoor art and craft shows and exhibits provided such uses are limited to two days of operation or exhibition per one hundred eighty (180) day period;

3.

Seasonal retail sale of agricultural products raised on the premises, provided such uses are limited to ninety (90) days of operation per calendar year and when parking and access is provided to the satisfaction of the planning director. A minimum of ten (10) off-street parking spaces shall be provided with provisions for controlled ingress and egress to the satisfaction of the planning director.

4.

Christmas tree, pumpkin, or other seasonal product sales lots subject to the following guidelines and conditions:

a.

All such uses shall be limited to sixty (60) days of operation per calendar year,

b.

All lighting shall be directed away from and shielded from adjacent residential areas and streets, and

c.

Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the planning director;

5.

Circuses, carnivals, rodeos, pony riding, or similar traveling amusement enterprises subject to the following guidelines and conditions:

a.

All such uses shall be limited to not more than fifteen (15) days, or more than three weekends, of operation in any one hundred eighty (180) day period. To exceed this time limitation shall require the review and approval of a conditional use permit as prescribed in Section 16.16.050,

b.

All such activities shall have a minimum setback of one hundred (100) feet from any residential area. This may be waived by the planning director if in his or her opinion no adverse impacts would result,

c.

Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the planning director,

d.

Restrooms shall be provided,

e.

Security personnel shall be provided,

f.

Special, designated parking accommodations for amusement enterprise workers and support vehicles shall be provided,

g.

Noise attenuation for generators and carnival rides shall be provided to the satisfaction of the planning director, and

h.

Inspection and approval by building and fire department,

6.

Model homes used as offices solely for the first sale of homes within a recorded tract;

7.

Commercial coaches (as defined in Health and Safety Code Section 18218) or mobilehomes on active construction sites, for use as a construction office or temporary living quarters for security personnel or temporary residence of the subject property owner. The following restrictions shall apply:

a.

The planning director may approve a temporary trailer coach for the duration of the construction project or for, a specified period, but in no event for more than two years. If exceptional circumstances exist, a one year extension may be granted, providing the building permit for the first permanent dwelling or structure on the same site has also been extended,

b.

Installation of trailer coaches may occur only after a valid building permit has been issued by the city building department,

c.

Trailer coaches permitted pursuant to this section shall not exceed a maximum gross square footage of six hundred fifty (650) square feet in size (tongue not included),

d.

The trailer coach must have a valid California vehicle license and shall provide evidence of State Division of Housing approval as prescribed in the Health and Safety Code of the State of California,

e.

The temporary trailer coach installation must meet all requirements and regulations of the county department of environmental health services and the city building department, and

f.

Any permit issued pursuant to this section, in conjunction with a construction project, shall be come invalid upon cancellation or certificate of occupancy for which this use has been approved or the expiration of the time for which the approval has been granted;

8.

Temporary permits for storage containers at residential construction sites subject to a maximum size of two hundred (200) square feet; all applicable property development standards in accordance with the district in which it is to be located; and a posted bond in accordance with Section 16.68.090.

9.

Carts. The purpose of regulations pertaining to carts in this section is to provide standards for outdoor sales of food and beverages or merchandise to promote small businesses, provide outdoor facilities within the confines of private courtyards, patios, plazas, interior gardens, etc., and to complement the retail environment. Notwithstanding any other provisions of this code, the operation of freestanding, non-motorized vending carts for the purpose of selling food and beverages, or merchandise, the following restrictions shall apply:

a.

Each cart shall be approved individually as to location, size, design and aesthetic characteristics including signs, by minor use permit—temporary uses and subsequently reviewed every two years.

b.

Each approval shall include business license clearance in accordance with Section 16.16.200.

c.

Each cart shall be fully portable.

d.

No cart, portion of a cart or seating shall be located within the public right-of-way.

e.

Each cart shall be allowed two portable tables and a maximum or four chairs for the customer use. The table and chairs shall be removed from their outdoor location at the close of business.

10.

Other similar temporary uses including off premise portable signs of six square feet or less, placed on private property for three days or less per quarter on an annual permit basis.

D.

Submittal and Review Requirements.

1.

Applications for temporary use permits shall contain the following:

a.

Completed planning application form and required fee and attachments (see also Section 16.12.030);

i.

Fees associated with processing of temporary use permit applications for nonprofit/charitable events may be waived by the community development director upon written request at the time of application submittal.

b.

Five copies of a plot plan drawn to a standard engineer's scale (approval necessary for use of scale smaller than 1:30, i.e., 1:40 or 1:50) and with a north arrow showing:

i.

Location, exterior boundaries, and dimensions of the entire property that is the subject of the application,

ii.

Location, name and size of existing streets, drainage structures, utilities, buildings, signs, and other features that may affect the use of the property,

iii.

Proposed development, including planned buildings and structures, access, drainage, yards, drives, parking areas, landscaping, signs, and walls or fences;

c.

Letter of consent of property owner.

2.

Upon acceptance of a temporary use permit application, the planning director shall review the request for compliance with the provisions of this title. The planning director shall render a written decision and clearly state any conditions of approval or reasons for denial and applicable appeal provisions of this title.

E.

Required Findings. The planning director shall approve a temporary use permit application when all the following findings are made in an affirmative manner:

1.

The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare.

2.

The proposed site 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 site.

3.

The proposed site 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 use will be available either on-site or at alternate locations acceptable to the planning director.

F.

Conditions of Approval. In approving an application for a temporary use permit, the planning director may impose conditions that are deemed necessary to ensure that the permit will be conducted in accordance with the findings required by subsection E of this section. These conditions may involve any factors affecting the operation of the temporary use or event and may include, but are not limited to:

1.

Provision of temporary parking facilities, including vehicular ingress and egress;

2.

Regulation of nuisance factors, such as, but not limited to, prevention of glare or direct illumination of adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases and heat;

3.

Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment, and open spaces, including buffer areas and other yards;

4.

Provision of sanitary and medical facilities;

5.

Provision of solid waste collection and disposal;

6.

Provision of security and safety measures;

7.

Regulation of signs;

8.

Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested;

9.

Submission of a performance bond or other surety device to assure that any temporary facilities or structures used for the proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;

10.

Submission of a site plan indicating any information required by this section;

11.

A requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of other ordinances;

12.

Other conditions that will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this section.

(Ord. 573 Exh. A (part), 2005: Ord. 544 § 3, Exh. B (part), 2003; prior code § 9-03.100)

(Ord. No. 645, § 2, 8-28-2012