Article 41 — Temporary Uses

The temporary use permit is established because certain activities may be appropriate at specific locations on a temporary basis, but would be inappropriate on a permanent basis. It is further the intent to avoid incompatibility between such temporary uses and the surrounding area by regulating such short term land use activities to prevent or mitigate adverse effects associated with or resulting from such temporary uses. (§ 19, Ord. 1379-NS, eff. August 9, 2001)

The following temporary uses are permitted subject to approval of a temporary use permit application. (a) Temporary stands established or maintained for the sale of agricultural or horticultural products grown on the premises, as permitted by this article, subject to the following conditions and limitations (permitted in R-A, R-E, R-O, R-1, R-2, R-3, R-P-D, C-1, C-2, C-3, C-4, M-1 and M-2 zones):

• (1) The floor area of such stands shall not exceed four hundred (400) square feet each,

• (2) Such stands shall not be located or maintained within twenty (20') feet of any public road, street, or highway,

• (3) The construction of such stands shall be wood frame exclusively, and

• (4) The owners thereof shall remove such stands when not in use for a period of thirty (30) days;

(b) Christmas tree sales lots for not more than thirty (30) consecutive days and pumpkin sales lots and other similar activities for not more than forty-five (45) consecutive days for each activity within one calendar year (permitted in C- 1, C-2, C-3, C-4, C-2/CC, C-2/AM, M-1, and M-2 zones);

(c) Temporary storage of new passenger vehicles on properties for not more than eighteen (18) months (permitted in C-2, C-3, C-4, C-2/AM, M-1 and M-2 zones). For the purpose of this section, the definition of new vehicle shall be as defined in the State of California Vehicle Code Section 430 and as amended, as follows:

a new vehicle is a vehicle constructed entirely from new parts that has never been the subject of a retail sale, or registered with the appropriate agency or authority of any other state, District of Columbia, territory or possession of the United States, or foreign state, province, or country.

(d) Such other uses as the Community Development Director may consider to be within the intent and purpose of this article.

(e) Temporary storage of new passenger vehicles on properties within the C-2/CC zone. The definitions of new vehicle as stated in subsection 9-4.4101(c) is applicable to this subsection. This subsection shall automatically expire July 31, 2009, unless extended by the City Council.

(§19, Ord. 1379-NS, eff. August 9, 2001; as amended by § 1, Ord. 1468-NS, effective August 18, 2006)

(a) Applications for a temporary use permit shall conform to the filing requirements of Section 9-4.2804 of this chapter.

(b) Findings. The Community Development Department may approve a temporary use permit only when all of the following findings can be made:

(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 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 anticipated traffic that the temporary use will or could reasonably be expected to generate;

(4) Adequate temporary parking to accommodate expected demand generated by the temporary use will be available either on-site or at alternate location(s) acceptable to the Community Development Department;

(5) The applicant has satisfactorily demonstrated that the temporary use will be actively managed to avoid adverse impacts to areas off-site, which are attributable to noise, dust, odor, contaminants, refuse, or vibration potentially associated with the use;

(6) The applicant has provided satisfactory evidence that the proposed temporary use complies with all other applicable regulations of the City and other public agencies with jurisdictions.

(c) Conditions of issuance. In approving an application for a temporary use permit, the Community Development Department may impose conditions that are necessary to insure that the permit will be in accord with the findings required by this section. These conditions may involve any aspects affecting the operation of the temporary use and may include, but are not limited to:

(1) Requirement 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 lighting fixtures onto adjacent properties, noise, vibration, smoke, dust, dirt, odors, garbage, refuse, 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 within the site;

(4) Regulation of operating hours and days and limitations on the duration of such temporary use;

(5) Requirement of a performance bond or other surety to assure that any temporary facilities or structures used for such proposed temporary use will be removed from the site within forty-eight (48) hours following the termination of

such use and the property will be restored to its original condition. The Community Development Director may designate a different time period and/or require cleanup of additional surrounding property at the Director’s discretion;

• (6) Regulation of signs, including location, size, height, colors and materials to be used;

• (7) Regulation of fencing including location, height and material to be used;

(8) Approval of the requested temporary use permit is contingent upon compliance with applicable ordinances and provisions of other laws;

(9) Other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner in accordance with the intent and purpose of the article, and that the temporary use is compatible with nearby uses;

(10) In addition to such other conditions as the Community Development Department may impose, it shall also be a condition of every temporary use permit, that such approval shall not authorize the construction, establishment, alteration or enlargement of any permanent building, structure or facility;

(11) Designation of a required termination date reasonably related to the nature of the temporary use but not to exceed eighteen (18) months from the commencement of use;

(12) Requirements of the National Pollutant Discharge Elimination System (NPDES), if applicable, as determined by the Public Works Department.

(d) Time extension. Except for temporary uses authorized by Section 9-4.4101(b), the Community Development Director may grant a one-time (up to six (6) months) only extension of the temporary use which may be requested by the applicant prior to the expiration of the temporary use authorization by filing a modification application. (§19, Ord. 1379-NS, eff. August 9, 2001)