A temporary use permit will be required for facilities and related development needed for certain types of temporary activities such as amusements, recreation, sales and construction. The intent is to establish procedures for permitting such uses with appropriate standards and conditions to ensure that the uses are conducted in accordance with all applicable city regulations.

(Ord. 338 § 1 (part), 1982: Ord. 315 § 1 (part), 1981)

A temporary use permit shall be required for any of the uses enumerated in this chapter. In addition to the conditions which may be imposed by the community development director or planning commission (whichever is appropriate) the provisions of the base zoning district in which the temporary use is located shall apply.

(Ord. 338 § 1 (part), 1982: Ord. 315 § 1 (part), 1981)

1.

As many copies of a temporary use permit application as may be required by the community development department shall be submitted to the community development department.

2.

The community development director may approve a temporary use permit up to one (1) year for uses permitted according to this chapter. The community development director may refer the application for a temporary use permit to the planning commission when in his judgment there may be public interest, controversy, issues requiring a public forum, or due to the nature of the request.

(Ord. 338 § 1 (part), 1982: Ord. 315 § 1 (part), 1981)

Uses permitted with a temporary use permit are as follows:

1.

Circuses, carnivals, rodeos, or similar transient amusement enterprises, except in districts zoned for residential use; provided, that the applicant complies with all provisions of the laws of the city, including but not limited to, the requirements of a city business license, the provisions of this title, and the Municipal Code;

2.

Christmas tree sales lot;

3.

Outdoor arts and crafts shows and exhibits, sidewalk and parking lot sales, swap meet, etc.;

4.

Temporary sales offices or model homes used for sales display purposes within a recorded subdivision for the first sale of lots or homes within the same subdivision; a permit for such use shall expire after either: (1) initial sales within the subdivision have been completed or, (2) one year after issuance of the permit, whichever is earlier; the planning commission may extend the time limit for the temporary use permit, upon request of the applicant, for good cause shown;

5.

Temporary Use of Mobile Homes or Trailers.

a.

In all zone districts, during period of construction, mobile homes or trailers which have been converted for use as construction offices, tool storage, or other similar uses and which are not used for human habitation are permitted on a building site, provided:

(1)

All building permits have been issued for the new development;

(2)

The mobile home or trailer shall be promptly removed upon completion of construction; and

(3)

No more than three such converted mobile homes or trailers shall be located on any one building site.

b.

In all zone districts, during periods of construction, a mobile home or trailer usable and designed for human habitation may be maintained on a construction or building site for use as a watchman's quarters, provided:

(1)

All building permits for development have been issued;

(2)

Only one such trailer shall be permitted on a site;

(3)

The mobile home or trailer shall be removed upon completion of construction or within one year, whichever is earlier; and

(4)

The permittee complies with the state Mobile Home Act.

c.

In all zone districts, a mobile home or trailer may be used for a single-family dwelling during construction of a residential building for a period of one year or thirty days after an occupancy permit is issued by the city building officials or the residential building is occupied whichever is earlier, provided:

(1)

All building permits for development have been issued for construction of the residential building,

(2)

The applicant complies with the state Mobile Home Act,

(3)

The mobile home complies with the yard setback and distance between buildings required in the R-1 zoning district,

d.

Emergency use of a mobile home or trailer as a temporary dwelling may be granted by the planning commission if an occupied dwelling is destroyed by an act of God, such as fire, earthquake, flood, etc., for a one-year period,

e.

In all zone districts, a mobile home or trailer may be permitted to house any use otherwise permitted under the applicable zone district for a period not to exceed one year, provided building permits have been issued for a building on the site or a permanent building is under construction to house the use and to replace the mobile home or trailer;

6.

Other temporary uses, structures, or development which in the opinion of the community development director or planning commission, are similar to the uses listed in this chapter.

(Ord. 338 § 1 (part), 1982: Ord. 315 § 1 (part), 1981)

Exemptions to the provisions of this chapter are:

1.

Established businesses conducting six or fewer promotions, and/or sidewalk or parking-lot sales per year when such sales are conducted only on the private property upon which the established business is located. All licenses and fees shall be in order and paid, and the standards of the base zone continued to apply;

2.

Charitable nonprofit organizations, as determined by the city manager in accordance with state and federal law, engaged in fund-raising activities of six or fewer per year, but not including circuses, carnivals, rodeos, or similar transient amusement enterprises, when such activity is conducted on private property with the consent of the property owner. All licenses and fees shall be in order and paid, and the standards of the base zone continue to apply.

(Ord. 338 § 1 (part), 1982: Ord. 315 § 1 (part), 1981)

Prior to approving a temporary use permit, the community development director or planning commission (whichever is applicable) shall make the following determinations:

1.

The proposed temporary use will be compatible with adjacent uses and will not adversely affect the surrounding neighborhood by means of odor, noise, dust, or other nuisance;

2.

Additional parking required by the temporary use is provided on-site if applicable, or that adequate street parking is available in the immediate area;

3.

Increased traffic caused by the temporary use will not adversely affect the surrounding neighborhood or city at large;

4.

The proposed temporary use is consistent with all applicable provisions of the coastal land use plan, general plan, municipal code, and other city regulations.

(Ord. 338 § 1 (part), 1982: Ord. 315 § 1 (part), 1981)

The community development director or planning commission (whichever is appropriate) may impose reasonable conditions on a temporary use permit as necessary to meet the purposes of this chapter. Such conditions may include, but are not limited to:

1.

Yard setback and open space requirements;

2.

Parking;

3.

Fences, walls, or other screening;

4.

Signs;

5.

Vehicular ingress and egress;

6.

Landscaping and maintenance;

7.

Control of lights, noise, odor, vibration, or other nuisances;

8.

Hours of operation;

9.

Time limit for the temporary use permit: except where a shorter time period is provided, not to exceed one year;

10.

Removal of the temporary use and cleanup of the premises, including assurances that removal will be accomplished in a satisfactory manner. The community development director or planning commission may require a bond or cash deposit to ensure that the temporary use is conducted in accordance with all applicable city standards and conditions.

(Ord. 338 § 1 (part), 1982: Ord. 315 § 1 (part), 1981)