Artesia City Zoning Code
ARTICLE 40
Temporary Uses
§ 9-2.4001 Purpose.
The purpose of this article is to regulate land use activities of a temporary nature so as to protect the public health, safety, and welfare. The intent of these regulations is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and land owners, and to minimize any adverse effects on surrounding properties and the environment.
(Ord. 509, § 1)
§ 9-2.4002 Permits Required for Temporary Uses.
(a)
No person shall sponsor, participate in, or engage in any of the following enumerated activities, without first obtaining a Temporary Use Permit therefor, issued by the Director of Planning:
(1)
Fairs, bazaars, festivals and similar events. Such events shall be limited to not more than 10 days of operation on the same lot or parcel in any 90 day period.
(2)
Parking lot and sidewalk sales of merchandise customarily sold by a permanently established business located immediately adjacent thereto. Such sales shall be subject to the development standards and sign standards contained within the Zoning Ordinance. Such sales shall be limited to not more than seven days in any 90 day period.
(3)
Grand openings and anniversary events for businesses. Such events shall be subject to the development standards and sign standards contained within the Zoning Ordinance. Such events shall be limited to a maximum of five days and be held no more than once annually.
(4)
Outdoor art and craft shows, trade shows, and outdoor exhibits of equipment, goods or services. Such shows and exhibits shall be limited to a maximum of five days in any 90-day period.
(5)
The outdoor sale of Christmas trees, except when such sales are in conjunction with an established commercial business holding a valid city business license for the same property. Such sales shall be limited to the period of time between December 1st and December 25th of the same year. All temporary structures installed for such sales, including, but not limited to, poles, fences, lights and sheds shall not be installed prior to November 25th and shall be removed on or before December 31st of the same year.
(6)
The outdoor sale of pumpkins, except when such sales are in conjunction with an established commercial business holding a valid City business license for the same property. Such sales shall be limited to the period of time between October 10th and October 31st of the same year. All temporary structures installed for such sales, including, but not limited to, poles, fences, lights and sheds shall not be installed prior to October 5th and shall be removed on or before November 5th of the same year.
(7)
Temporary tents for outdoor activities or the outdoor display of merchandise.
(8)
Mobile health services, including medical, dental or veterinary services, blood-mobiles or health fairs.
(9)
Mobile Vending. Such vending shall be subject to the standards set forth in Section 9-2.4003.1 of this article.
(Ord. 509, § 1; Ord. 13-795, § 18; Ord. 18-868, § 7)
§ 9-2.4003 General Requirements and Conditions.
(a)
All uses specified in Section 9-2.4002 shall be located only on commercially zoned and designated property, manufacturing and industrial zoned and designated property, property utilized by a public or private school, property utilized by a church, temple or other place of religious worship or property utilized by a nonprofit organization.
(b)
No operator of a temporary use shall continue operation of that use beyond the time periods allowed by this article. If no maximum time period is specified in this article for the operation of the use, the operator shall not continue operation beyond the period specified in the temporary use permit.
(c)
Unless otherwise specified in this article, all sites utilized for temporary uses shall be cleaned of trash, debris and any temporary structures within five days after the termination of such event. The City may require a cash deposit or other security as approved by the City Attorney to defray the costs of cleanup of a site by the City, in the event the applicant fails to leave the property in a presentable and satisfactory condition, or to guarantee removal and/or reconversion of any temporary use to a permanent use allowed in the subject zone district.
(d)
A change in ownership or operator of a use subject to a temporary use permit, as specified in this article, or an approved change or modification to the structure or use allowed on a parcel subject to such a permit, shall not affect the time periods established by this article which allow such temporary uses.
(e)
All uses specified in Section 9-2.4002 shall comply with the following requirements for the duration of the use to the extent such requirements are applicable to the requested use or activity:
(1)
All lighting shall be directed away from and shielded from adjacent properties and streets.
(2)
Adequate provisions for traffic circulation, off-street parking, dust control and pedestrian safety shall be provided as approved by the Planning Director.
(3)
Sanitary facilities shall be provided, the number and location of which shall be approved by the Planning Director.
(4)
Security personnel shall be provided as required by the Sheriff's Department.
(5)
Designated off-street parking accommodations shall be provided for employees and contractors of the event or activity as well as for delivery vehicles.
(6)
Noise attenuation for generators shall be provided and approved by the Planning Director.
(7)
The applicant shall obtain all applicable County or State permits.
(Ord. 509, § 1; Ord. 13-795, § 19)
§ 9-2.4003.1 Mobile Vending Requirements.
(a)
Mobile vendors and vending shall comply with the following standards in addition to complying with all other applicable provisions of this article:
(1)
Vendor shall obtain the property owner's express written permission prior to vending on private property.
(2)
Vendor shall obtain and maintain a valid: (i) business license issued by the City in accordance with Chapter 1 of Title 3 of this Code; (ii) motor vehicle vending permit issued by the City in accordance with Article 7 of Chapter 2 of Title 3 of this Code; (iii) Los Angeles County Department of Health permit; and (iv) permit required by any other appropriate governmental agency. The license tax set forth in Article 6 of Chapter 1 of Title 3 of this Code, the motor vehicle vending permit application fee and the temporary use permit application fee shall accompany the business license, motor vehicle vending permit and temporary use permit applications.
(3)
Vending may only occur between the hours of 7:00 a.m. and 10:00 p.m. each day.
(4)
Vendor shall not vend on any single property more than 52 collective calendar days per year.
(5)
Vendor shall not vend alcohol or tobacco products.
(6)
Vendor shall maintain a clearly designated waste receptacle in the immediate vicinity of the motor vehicle and vending that is marked with a sign requesting use by customers.
(7)
If vending occurs for more than one hour on a single property, vendor shall provide a letter or other written documentation to the Director verifying that vendor's employees and customers have permission to use a readily available toilet and hand washing facility that is located within 200 feet travel distance from the location where the motor vehicle is parked and otherwise complies with the California Health Code standards.
(8)
Vending shall not displace more than 5% of the off-street parking spaces required by this Code for the property.
(9)
Vendor shall submit plans or other documents satisfactory to the Director that depict vendor's proposed plans for: (i) vehicle and pedestrian circulation on the property for the mobile vending business and existing uses; (ii) parking; (iii) lighting; and (iv) noise control.
(10)
Vendor shall charge, collect and transmit sales tax for all sales in the City.
(11)
Upon request by a customer, vendor shall give a receipt to the customer that lists the following: (i) the vendor's name; (ii) the vendor's City permit number; (iii) the vendor's address and telephone number; (iv) the items sold; (v) the price of each item sold; and (vi) the total price of all items sold.
(12)
Vendor shall comply with all applicable State and local laws, regulations, rules and permits, including, without limitation, State food labeling requirements.
(13)
Vending shall not create a public nuisance, as defined in Subsection (bb) of Section 5-1.02 of Article 1 of Chapter 1 of Title 5 of this Code, including, but not limited to, noise, parking, traffic or other related impacts on the surrounding neighborhood. In the event the Director determines that the vending has created a public nuisance, the Director may impose conditions on the temporary use permit in order to abate the nuisance.
(Ord. 13-795, § 20)
§ 9-2.4004 Permit Applications, Fees and Fee Exemptions.
(a)
A written application for a temporary use permit shall be filed with the Director of Planning containing all of the following information at least 15 days prior to the requested commencement date of the event or activity:
(1)
Name of applicant (including the names and addresses of all principals, partners or officers);
(2)
Proposed location of activity or event;
(3)
Nature of activity or event;
(4)
Duration of activity or event, including commencement and termination dates;
(5)
Description of any equipment to be used;
(6)
A plot plan showing locations of equipment, displays and activity or event areas; and
(7)
Such other information as the City Planner deems appropriate.
(b)
A filing fee in the amount set by resolution of the City Council shall be submitted with the application. The City Manager shall exempt an applicant from payment of such fee if the applicant meets one of the following requirements:
(1)
The applicant, other than a bank or insurance company, is exempt from the payment for business license taxes under other provisions of this Code; or
(2)
The applicant is an organization which has had its principal office, place of worship or headquarters located within the City for a period of not less than one year and is organized and operated for charitable, religious or civic purposes.
(Ord. 509, § 1)
§ 9-2.4005 Review and Approval Criteria.
(a)
Upon receipt of an application for a temporary use permit, the Planning Director shall set the matter for public hearing before him or herself. Notice of the time and place of the hearing shall be sent to the applicant and to owners of property immediately adjacent to the property on which the temporary use is to be located at least five days prior to the hearing.
(b)
The Director of Planning shall not approve a temporary use permit unless he or she finds that the proposed use satisfies each of the following criteria:
(1)
The use will be compatible with adjacent uses and will not adversely affect the surrounding area by means of noise, odor, dust or other problems.
(2)
Any increase in traffic resulting from the use will not adversely affect the surrounding area or City at large.
(3)
The proposed use conforms with all applicable policies and ordinances of the City of Artesia.
(c)
In addition to the general requirements specified in Section 9-2.4003 and, if applicable, Section 9-2.4003.1, the Director of Planning shall have the power to impose reasonable conditions upon the issuance of such permits, including, but not limited to, hours of operation, provision of parking areas, signing and lighting, traffic circulation and access, temporary or permanent site improvements, and other measures necessary to minimize potential effects on properties adjacent to and in the vicinity of the proposed temporary use and to insure the preservation of the public peace, safety, health and general welfare.
(d)
The Director of Planning shall give written notice to the applicant of the approval or denial of the temporary use permit. The applicant or any interested party may appeal the decision by filing an appeal in accordance with the procedures specified in Section 9-2.4007.
(Ord. 509, § 1; Ord. 13-795, § 21)
§ 9-2.4006 Revocation of Permits.
If the Director of Planning determines that there is sufficient evidence to find that a temporary use for which a temporary use permit was issued may be conducted in violation of this article, or the terms and conditions of such permit, the Director of Planning shall provide notice and an opportunity for a hearing to the permit holder that the permit may be suspended or revoked. Following a hearing before the Director of Planning, if the Director determines, after reviewing the information and considering the information presented during the hearing that sufficient evidence exists that a violation of this article or of the terms of the permit has occurred, the Director of Planning may suspend or revoke the permit or impose additional conditions to ensure compliance. The permittee may appeal the decision by filing an appeal in accordance with the procedures specified in Section 9-2.4007.
(Ord. 509, § 1)
§ 9-2.4007 Appeals.
(a)
Filing. Within three days after the receipt of written notice from the Director of Planning that a temporary use permit has been granted, denied, revoked or suspended, the applicant or any person dissatisfied with the action of the Director of Planning may appeal the decision to the Planning Commission by filing an appeal within such time period with the City Clerk.
(b)
Fees. Any person filing an appeal with the City Clerk shall deposit an amount equal to 1/2 the cost of the temporary use permit application fee to cover the costs of the appeal.
(c)
Planning Commission Action. Upon receiving a notice of appeal, the Planning Commission may:
(1)
Affirm the action of the Planning Director;
(2)
Refer the matter back to the Director of Planning, with or without instructions for further proceedings; or
(3)
Set the matter for a hearing before itself. At such hearing, the Planning Commission shall hear and decide the case de novo.
(d)
Any person dissatisfied with the action of the Planning Commission may appeal the decision of the Planning Commission to the City Council pursuant to the requirements of Section 9-2.1901.
(Ord. 509, § 1)
