Chapter 85.15 — TEMPORARY USE PERMITS

This Chapter establishes procedures and standards for the granting of Temporary Use Permits for allowed short-term activities. Compliance with applicable standards ensures that the establishment, maintenance, and operation of the short-term activity would not be detrimental to the public health, safety, and welfare of persons residing or working in the neighborhood of the proposed activity.

(Ord. 4011, passed - -2007)

Table 85-4 (Temporary Use Permits) identifies the various types of Temporary Use Permits with the appropriate review authorities:

(1) The Director may defer action and refer any permit or approval application to the Commission for final determination.

(2) All decisions of the Director are appealable to Commission, and then to the Board, in compliance with Chapter 86.08 (Appeals), except for those decisions addressed in Note (3). (3) The Commission may refer consideration of an appeal to the Board, except for those decisions involving only a Variance, determination as to the completeness of an application, the determination to approve or deny a Home Occupation Permit, an Accessory Wind Energy Permit, a Subdivision Sign Location Plan, or the requirement for preparation of an Environmental Impact Report (EIR). In these instances the Commission’s decision shall be the final and conclusive decision. The Board will not accept nor consider an appeal of these Commission decisions.

(4) All decisions of the Board are final.

(5) Issued by the Building Official.

(6) Issued by Code Enforcement.

(7) Issued by Current Planning.

(Ord. 4011, passed - -2007)

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

(Ord. 4011, passed - -2007)

Short-term activities shall not be conducted, established, or operated in any manner without the approval and maintenance of a valid Temporary Use Permit.

(Ord. 4011, passed - -2007)

(a) Director’s review. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Development Code.

(b) Procedure. Staff review without notice.

(Ord. 4011, passed - -2007)

(a) Director’s Authority. Temporary Use Permits may be reviewed and approved or disapproved by the Director, in compliance with this Chapter.

(b) Referral to the Commission. The Director may refer any Temporary Use Permit application to the Commission for final action.

(Ord. 4011, passed - -2007)

The following short-term activities are allowed without the requirement of obtaining a Temporary Use Permit. Short-term activities that do not fall within the following categories shall comply with § 85.15.080 (Allowed ShortTerm Activities), below.

(a) Construction Yards - On-Site. On-site contractors’ construction yards, for an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the 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 Board.

(c) Events on Sites Approved for Public Assembly. An event on the site of, or within, a golf course, meeting hall, religious facility, school, theater, or other similar facility designed, and approved by the County for public assembly. (d) Fund-Raising Car Washes.

(1) Car washes on property within a commercial, industrial, or institutional zone, limited to a maximum of two days per month for each sponsoring organization.

(2) 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 Revenue and Taxation Code.

(3) Even though fundraising car washes are exempt from obtaining a Temporary Use Permit, they shall still be conducted in compliance with applicable stormwater regulations to minimize potential water quality impacts.

(e) Garage Sales. Garage sales, not to exceed four per year, each of which may not exceed three consecutive days. (f) Location Filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., for the time specified by the Director. Even though this use is exempt from a Temporary Use Permit, it does require a permit through the Inland Empire Film Commission.

(g) Public Property or Public Right-of-Way. Construction and maintenance activities conducted on public properties that are authorized by an Encroachment Permit.

(Ord. 4011, passed - -2007)

A Temporary Use Permit may authorize the following short-term activities within the specified time limits, but in no event for more than 12 months. Other short-term activities that do not fall within the categories defined below, or within § 85.15.070 (Exempt Short-Term Activities), above, shall instead comply with the planning permit requirements and development standards that otherwise apply to the property.

(a) Batch Plants. Batch plants necessary for the construction of major public infrastructure improvements provided proper review in compliance with the California Environmental Quality Act (CEQA) is completed.

(b) Construction Yards - Off-Site. Off-site contractors’ construction yards, for an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the construction project, whichever first occurs.

(c) Events. Art and craft exhibits, carnivals, circuses, concerts, fairs, farmer’s markets, festivals, flea markets, food events, open-air theaters, outdoor entertainment/sporting events, religious revivals, rummage sales, second hand sales, swap meets, and other special events for up to five consecutive days, or four two-day weekends, within a 12-month period, allowed only on nonresidential properties. Refer to Chapter 85.16 (Temporary Special Event Permits) for specific requirements for a Temporary Special Event Permit.

(d) Model Homes. A model home or model home complex may be authorized before the completion of subdivision improvements in compliance with the following standards.

(1) The sales office and any off-street parking shall be converted back to residential use and/or removed before the issuance of the Final Occupancy Permit or within 14 days from the sale of the last parcel in the subdivision, whichever first occurs.

(2) The model home complex shall be used to sell only units within the subdivision within which the complex is located.

(3) Model home permits will be finaled and the model homes will be allowed to be open to the public only after all subdivision improvements are completed and accepted by the County.

(4) Model home sign permits will be issued only after all subdivision improvements are completed and accepted by the County.

(5) The review authority may require other conditions of approval deemed necessary to protect the public health, safety, and general welfare of persons residing or working in the neighborhood.

• (e) Seasonal Sales Lots. Seasonal sales activities (e.g., Christmas, Halloween, Thanksgiving, etc.) including temporary residence/security trailers, on nonresidential properties, for up to 45 days.

• (f) Temporary Occupancy During Construction.

(1) Major development projects. Temporary structures and property may be used during the construction phase of an approved major development project (e.g., residential projects with five or more dwelling units or any commercial or industrial project). The structures or property may be used as offices or for the storage of equipment and/or tools.

(2) Minor Development Projects. An existing dwelling unit or a temporary structure and property may be used during the construction phase of an approved minor development project (e.g., residential projects with four or fewer dwelling units). The structure or property may be used as a temporary residence, an office, or for the storage of equipment and/or tools.

(3) Appropriate Conditions. The permit shall contain reasonable and necessary conditions regarding the following matters:

• (A) Provisions for adequate ingress and egress.

• (B) Provisions for the work to be performed on-site.

(C) Provisions for the storage of asphalt, concrete, and dirt at designated sites within the subject property; provided, the applicant furnishes a schedule, acceptable to the Director, for the periodic disposal or recycling of these materials.

(D) Provisions designed to minimize potential conflicts between the work to be performed on-site and the ordinary business and uses conducted within the County.

(4) Length of Permit. The permit may be approved for up to 12 months following the issuance of the companion Building Permit, or upon completion of the subject development project, whichever first occurs.

(5) Extension of Permit. The permit may be extended by the Director if a written request for extension is submitted at least 14 days before expiration of the permit and reasonable reasons are provided by the applicant to justify the requested extension (e.g., the delay was caused by reasons beyond the control of the applicant). The permit may be extended for up to an additional 12 months. Multiple extensions may be approved, but in no case shall these extensions exceed a total of five years.

(6) Condition of Site Following Completion. All temporary structures and related improvements shall be completely removed from the subject site following expiration of the Temporary Use Permit or within 30 days of completion of the development project, whichever first occurs.

(g) Temporary Real Estate Sales Offices. A temporary real estate sales office may be established within the area of an approved subdivision, solely for the first sale of homes. An application for a temporary real estate office may be approved for a maximum of 12 months from the date of approval.

(h) Temporary Structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of 12 months from the date of approval, as an accessory use or as the first phase of a development project.

(i) Temporary Work Trailers. A trailer or mobile home used as a temporary work site for employees of a business; provided, that:

(1) The use is authorized by a Building Permit for the trailer or mobile home, and the Building Permit for the permanent structure;

• (2) The use is appropriate because:

(A) The trailer or mobile home will be in place during construction or remodeling of a permanent commercial or industrial structure for a maximum of 12 months, or upon expiration of the Building Permit for the permanent

structure, whichever first occurs; or

(B) The applicant has demonstrated that the temporary work site is a short-term necessity for a maximum of 12 months, while a permanent work site is being obtained; and

(3) The trailer or mobile home is removed before final building inspection or the issuance of a Certificate of Occupancy for the permanent structure.

(j) Similar Temporary Activities. A temporary activity that the Director determines is similar to the other activities listed in this Section and compatible with the applicable land use zoning district and surrounding land uses. (Ord. 4011, passed - -2007)

The Director shall establish the following standards based on the type of short-term activity, using the requirements of the applicable land use zoning district, and Divisions 3 (Countywide Development Standards) and 4 (Standards for Specific Land Uses and Activities) for guidance:

(a) Structure and Property Development Improvements. Access, floor areas, heights, landscaping, off-street parking, setbacks, signs, utilities, and other structure and property development improvements and features;

(b) Removal of the Activity and Site Restoration. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Development Code; and

(c) Time limitation. Limitation on the duration of an approved “temporary structure,” to a maximum of 12 months, so that it shall not become a permanent or long-term structure.

(Ord. 4011, passed - -2007)

An application for a Temporary Use Permit shall be filed and processed in compliance with Chapter 85.03 (Application Procedures). The application shall include the information and materials specified in the Department handout for Temporary Use Permits. It is the responsibility of the applicant to provide evidence in support of the findings required by § 85.15.110 (Findings and Decision), below.

(Ord. 4011, passed - -2007)

A Temporary Use Permit shall be approved by the Director only after the Director first finds that the requested shortterm activity complies with applicable standards in this Chapter.

(Ord. 4011, passed - -2007)

The procedures and requirements in Chapter 86.06 (Time Limitations), and those related to appeals and revocation in Division 6 (Development Code Administration), shall apply following a decision on an application for a Temporary Use Permit.

(a) Condition of the Site Following Short-term Activity. Each site occupied by a short-term activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Development Code. Performance security may be required

before initiation of the activity to ensure cleanup after the activity is finished in compliance with § 86.06.050 (Performance Guarantees).

(b) Performance Security for Temporary Structures. Before issuance of a Temporary Use Permit the applicant shall provide performance security in a form and amount acceptable to the Director to guarantee removal of all temporary structures within 30 days following the expiration of the Temporary Use Permit.

(Ord. 4011, passed - -2007)