Dana Point City Zoning Code
CHAPTER 9
39 TEMPORARY USES AND STRUCTURES
§ 9.39.010 Intent and Purpose.
The purpose of this Chapter is to establish uniform standards in order to control the location, design, and duration of temporary uses and structures within the City of Dana Point.
The temporary uses listed in Sections 9.39.020 through 9.39.070 may be permitted in any district unless otherwise specifically prohibited. A Temporary Site Development Permit shall be required subject to the approval of the Director of Community Development as described in Chapter 9.71, Site Development Permits.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)
§ 9.39.020 Temporary Real Estate Offices.
Temporary real estate offices and related signs may be established within the area of an approved tentative tract to be used solely for the first sale of homes in projects of 20 or more units within the same tract, subject to the following provisions:
(a)
Building Site not Required. The parcel of land on which a temporary real estate office is established is not required to be a building site provided the parcel is described on a final subdivision map.
(b)
Permitted Structures and Facilities. The following structures and facilities are permitted in conjunction with the establishment of a temporary real estate office.
(1)
Model homes, garages, detached/accessory buildings, recreational facilities, and other permanent development that is in compliance with the zoning regulations and land use approvals applicable to the properties that are being sold.
(2)
Temporary real estate office buildings dedicated to the properties being sold. Such offices shall have a current General Plan, Zoning Map, and project approval prominently displayed to inform potential purchasers of the planned land uses surrounding the development.
(3)
Temporary and permanent fencing, walks and structural amenities.
(4)
Accessways and parking to provide security, safety, access, and off-street parking as necessary for employees and guests.
(c)
The Temporary Site Development Permit shall include those conditions and requirements deemed to be necessary or advisable to protect the public safety and the general welfare and adequate guarantees that the structures and facilities will be removed or made consistent with applicable zoning regulations within 90 days after the expiration of the permit. In addition to those findings required for the approval of a Temporary Site Development Permit, any approving action for a temporary real estate office shall also include the following findings:
(d)
Time Limitation. A Temporary Site Development Permit application for a temporary real estate office may be approved for a maximum time period of two years from the date of approval. Subsequent extensions of one year each may be granted at the discretion of the Director of Community Development for the continued first sale of homes. Within 60 days of the completion of the sale of the last home in the development, the temporary real estate office and its appurtenant structures shall either be removed or converted to an approved permanent use or structure.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)
§ 9.39.030 Temporary Construction Office.
The temporary use of a construction office during the construction of a site, structure, or building on the same site or adjoining site may be permitted upon the following conditions.
A temporary construction office shall be removed or shall be converted to a permitted use prior to the use and occupancy for the main building or buildings. If the construction is phased over a length of time, the temporary construction office shall be removed prior to certificates of use and occupancy being issued for 70% of the site, structures or buildings.
(Added by Ord. 93-16, 11/23/93)
§ 9.39.040 Continued Use of an Existing Building During Construction.
The use of an existing, lawfully established building may continue during construction or relocation of another building on the same building site, in compliance with the following provisions:
(a)
Conformity with Regulations. Prior to occupancy of a new building, the existing building shall be brought into conformity with any additional regulation rendered applicable by the placement of any new building on the site. Conformity shall be accomplished by removal, reconstruction, relocation, conversion, change of use or any combination thereof.
(b)
Guarantee of Completion. The Director of Community Development shall require the landowner to provide a guarantee including, but not limited to, a bond to ensure full compliance with the zoning regulations upon completion of the new building or sooner if, in the Director's opinion, work pertaining to the completion of all facilities required by law is not being diligently pursued.
(Added by Ord. 93-16, 11/23/93)
§ 9.39.050 Seasonal Commercial Activities.
Seasonal commercial activities are temporary commercial uses which are associated with cultural or historical events including, but not limited to, Halloween pumpkin sales and Christmas tree sales. Unless prohibited by the regulations of the specific zoning district, seasonal commercial activity associated with cultural events shall be permitted in any commercial or industrial district, any church or school site, or any vacant residential district property which abuts a primary or higher rated roadway as designated in the General Plan. All seasonal commercial activities associated with cultural events shall be subject to the following requirements:
(a)
Temporary Site Development Permit. All seasonal commercial activities shall require approval of a Temporary Site Development Permit pursuant to Chapter 9.71.
(b)
Date of Opening. The date of opening for any seasonal commercial activity shall be specified in the Temporary Site Development Permit, except that the date of opening for designated uses shall be as follows:
(c)
Merchandise to be Sold. Seasonal commercial activity shall not engage in the sale of any merchandise not directly related to the associated cultural or historical event, as determined by the Director of Community Development.
(d)
Electrical Permit. If the facility is to be energized, the applicant shall secure an electrical permit and building permit, as applicable, from the City.
(e)
Removal of Facility. Upon completion of the seasonal commercial activity, all facilities used for such activities shall be removed and the site shall be cleared of all debris and restored to the pre-event condition. Unless otherwise permitted in the Temporary Site Development Permit, the removal of facilities and clearing of the site shall be complete within three calendar days of the close of the activity, except that the date of removal for designated uses shall be as follows:
(f)
Fire Prevention Standards. The facility shall comply with fire prevention standards as approved and enforced by the City's Fire Chief.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-21, 12/13/94)
§ 9.39.060 Public Display of Fireworks.
Public displays of fireworks may be permitted in any district or specific plan area subject to the approval of a Temporary Site Development Permit, pursuant to Chapter 9.71. Permits may be issued at any time of the year, but in no case may any more than three such permits will be issued between June 30 and July 7 for displays in celebration of the fourth of July. Such permits may include the accessory sales by nonprofit organizations of food, beverages and merchandise. All such displays shall be subject to the provisions of the permits required by the Fire Protection Services Department.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-21, 12/13/94)
§ 9.39.070 Special Events.
A special event is a temporary use which requires special consideration due to an increase in traffic, parking, noise, light and glare, vibration, odor, visual impact, or other affects incidental to the operation of a temporary use and the effects that such uses may have on the health, safety and welfare of the neighborhood or the community as a whole. In granting a special event permit, the Director of Community Development may require certain safeguards and establish certain conditions of approval to protect the health, safety and general welfare of the community.
(a)
Definition. A special event is defined as any activity which temporarily intensifies the impacts (i.e., parking, traffic, noise, light and glare, etc.) of an existing permitted use or which create a potential conflict among land uses. Normal sales or functions which are incidental to the existing permitted use (i.e., sales conducted within the structure of an existing retail use, live entertainment if currently permitted under a Conditional Use Permit, etc.) shall not be considered a special event. Typical activities that would be considered a special event would include, but not be limited to, auctions (outdoor), farmers markets, open air markets and swap meets.
(b)
Permitted Uses. The following temporary uses are permissible in any zone in the City pursuant to the provisions of this Section and subject to the granting of a Temporary Site Development Permit per Chapter 9.71.
(1)
Retail sales events such as grand openings or special sales; or
(2)
Outdoor gatherings and events of a temporary or seasonal nature which may include, but not be limited to, outdoor entertainment, community events, holiday or seasonal activities, or similar activities of religious, charitable, fraternal, or educational organizations or associations.
(c)
Duration of Special Events. Any event exceeding 21 consecutive days in a calendar year shall not be considered a temporary use and shall be processed in accordance with the applicable permits and procedures for such permanent use.
(d)
Types of Permits. There are three types of Temporary Site Development Permits that may be issued for special events:
(1)
Individual Temporary Site Development Permit — a permit for any one event within a calendar year subject to administrative review and approval by the Director of Community Development. A public hearing shall be required if the event is determined to be a major event.
(2)
Comprehensive Temporary Site Development Permit — a permit for up to eight separate, non-consecutive events within a calendar year subject to administrative review and approval by the Director of Community Development. A public hearing shall be required if the event is determined to be a major event.
(3)
Master Temporary Site Development Permit — a permit for nine or more non-consecutive events within a calendar year or for any continuous activity or use of a property which constitutes a special event as defined above. Master special event permits are subject to review and approval by the Planning Commission. A public hearing is required for consideration of a master special event permit.
(e)
Basis for Approval, Conditional Approval of a Special Event Permit. The approval, conditional approval or denial of any Individual Temporary Site Development Permit, Comprehensive Temporary Site Development Permit, or Master Temporary Site Development Permits shall be based upon the following factors and principles:
(1)
That the proposed temporary use is a special event permitted under this Section.
(2)
That the special event is consistent with the Zoning Code and will not be incompatible with the General Plan.
(3)
That the site for the special event is adequate in size, shape, and access to accommodate additional demands generated by the proposed use.
(4)
That the special event as proposed and/or conditioned will protect the safety and general welfare of the community; and will not cause significant noise, traffic, or other conditions or situations that may be detrimental or incompatible with other permitted uses in the vicinity.
(5)
That any unimproved, vacant, privately owned property proposed for a special event shall be deemed "improved" for the duration of the special event so as to comply with the provisions of Dana Point Municipal Code Section 12.08.016(n). Signage shall be placed upon the subject property indicating that the property is being utilized under an approved Temporary Site Development Permit, and shall indicate the duration of the event.
(f)
Filing of Application. The items required for filing shall include:
(1)
A complete application form;
(2)
An application fee as specified in the current structure of service fees, except that fees for non-profit organizations and associations may be waived by the Director of Community Development;
(4)
A letter of authorization from the property owner(s) if different than the applicant;
(5)
A letter of explanation signed and dated by the applicant demonstrating how the request meets the four findings required for approval of a Temporary Use Permit for a special event;
(6)
Notification materials as provided below.
(g)
Notification Requirements.
(1)
Single Event. No notification for a public hearing shall be required unless deemed necessary in the interest of the public safety and welfare of the surrounding community. Such determination shall be made by the Director of Community Development based on the following factors:
(A)
The likelihood that the proposed special event will create noise beyond the boundaries of the property where the event is being held which may constitute a nuisance to property owners or residents;
(B)
The likelihood that the proposed special event will require parking off-site from where the special event is being held;
(C)
The time of day and day of the week during which the proposed special event is to be held;
(D)
The property on which the special event is proposed to be held abuts residential property, school, nursing home, hospital, or similar facility; or
(E)
The scope and magnitude of the proposed special event is such that notice should be provided and a public hearing should be held.
Events which have the potential to impact adjacent property as described within these criteria shall be considered major events. |
(2)
Major Events and Master Permits. For major events and master permits, the following notification materials shall be submitted:
(A)
An assessor's map showing the subject site and indicating all properties within a 300 foot radius of the subject site.
(B)
A list of the names of the property owners, their addresses and the assessor parcel numbers within a 300 foot radius of the subject site.
(C)
Addressed envelopes with postage for each property owner within 300 feet of the subject site.
(h)
Consideration of an Application.
(1)
An application for a major event or master event permit shall be submitted to the Director of Community Development no later than 90 days before the first day of the proposed event, unless otherwise determined by the Director of Community Development.
(2)
The application shall be acted upon by the Director of Community Development/Planning Commission no later than 45 days after the application is accepted as complete and at least 45 days before the first day of the proposed event.
(3)
The Director of Community Development may require the applicant to provide verification of initial public notice for a major event. The decision of the Director of Community Development on initial public notice shall be sent to the applicant within five days of the application submittal. Legal notice of a public hearing before the Planning Commission on the subject application shall be provided pursuant to Section 9.61.050 of the Dana Point Zoning Code.
(4)
Activities conducted on property owned by or leased to the City, or any public road rights-of-way may require an encroachment permit issued by the City of Dana Point, or other affected agency. The applicant shall be responsible for any fees or surety required for the use of public property.
(5)
Application for any Temporary Site Development Permit for a special event shall be referred by the Director of Community Development to other affected agencies as may be appropriate for review and comment.
(6)
Related issues including, but not limited to, police/security, food and water supply, use of tents and canopies, sanitation facilities, medical services, noise, signage, fire protection, and traffic control shall be adequately addressed to the satisfaction of the Director of Community Development, Public Works Director, Sheriff, or Health Officer in their administration of other City codes. Such other codes may require the applicant to obtain permits such as building electrical, health or tent permits.
(7)
The Director of Community Development/Planning Commission shall approve, conditionally approve, or deny any application and shall state findings and reasons for such decision. The Director of Community Development/Planning Commission, as appropriate, shall have the authority to attach conditions which directly relate to or further the protection of the public health, safety, and general welfare and ensure the fulfillment and intent of the City's Municipal Code.
(8)
If an application is granted subject to conditions, the Temporary Site Development Permit shall become effective only after the conditions have been fulfilled or after the applicant has provided reasonable and sufficient guarantees that the conditions will be satisfied. The applicant shall satisfy or provide sufficient guarantee for the satisfaction of the conditions at least 15 days prior to the first day of the special event.
(9)
Advertisement of a special event which requires approval of a Temporary Site Development Permit prior to issuance of such permit by the Director of Community Development/Planning Commission may be done at the applicant's own risk. Advertising of the subject special event prior to the event does not guarantee that Temporary Site Development Permit will be approved.
(10)
Written approval from the owners of all properties used during the special event is required upon application submittal. A minimum of $1,000,000 in liability insurance and indemnification is required for all owners, the City and other agencies, as determined by the Director of Community Development.
(11)
Sales of prepared food, food stuffs, and merchandise (other than Christmas trees or Halloween pumpkins) shall be permitted only as specifically defined in the Temporary Site Development Permit.
(12)
Informal swap meets and other street corner vending operations are not permitted through this Section.
(i)
Special Event Monitoring and Security.
(1)
The Director of Community Development or the Planning Commission, as a condition of approval, may require monitoring of the special event by appropriate City Departments and/or third parties. Such monitoring shall be at the expense of the applicant, with any associated payment required in full at least 15 days prior the first day of the subject event.
(2)
Facility use deposits will be considered on a case-by-case basis to evaluate potential damage to city streets, parks, or other public property. The Director of Community Development shall evaluate the potential for damage and may require a cash bond or other guarantee for removal of the temporary use, cleanup, repair and restoration of the activity site within seven days of the conclusion of the special event. Said guarantee shall be in an amount which is sufficient to cover the estimated costs of administration, steam cleaning, sidewalk repair, storm drain cleanout, and other associated cleanup or repair operations. All facility use deposits shall be at the expense of the applicant, with any associated payment required in full at least 15 days prior the first day of the subject event.
(j)
Consumption of Alcoholic Beverages at Special Events.
(1)
The service or sale of alcoholic beverages at a special event requires approval of a Conditional Use Permit by the Planning Commission at a public hearing. Verification of permits from the State Department of Alcoholic Beverage Control (ABC) is required for the temporary service or sale of alcoholic beverages at a special event. Such verification shall be provided by the applicant at least 15 days prior the first day of the subject event.
(2)
The applicant shall attend a City-approved training program on the responsible service of alcoholic beverages and California law regarding the service and sale of alcoholic beverages. The applicant will be responsible for disseminating all information from such programs to all servers. In addition, servers will be required to read the City's policies and procedures, as well as sign a server responsibility statement. The statement must be submitted to the Director of Community Development at least 15 days prior to the first day of the subject event.
(3)
All other requirements of the City of Dana Point Alcohol Policy must be met to the satisfaction of the Director of Community Development.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-21, 12/13/94; Ord. 96-10, 8/13/96)
§ 9.39.080 Film, Video and Still Photography.
(a)
Purpose. The purpose of this Section is to establish a streamlined permit procedure for professional film, video and still photography within the City of Dana Point.
(b) "Charitable films" "Film, video and still photography" "Regular activities of the news media" "Student films" "Studio"
Definitions. The following definitions shall apply to the language contained in this Section:
shall mean any and all activities described under subsection (b)(2) carried out by a non-profit organization which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization. No person shall receive a profit, directly or indirectly, from the marketing and production of the film or from showing the film, videotape or photographs.
shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, commercial advertisements, commercial promotion and training films, and professional still photography for promotional or advertising purposes.
shall mean the filming, videotaping or photographing for the purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporters, press photographers or news cameramen.
shall mean any and all activities described under subsection (b)(2) carried out by students enrolled in a course or course of study at a college, university or other school for which the completion of a student film is a component of course or graduation requirements.
shall mean a fixed place of business where filming activities (motion or still photography) are regularly conducted upon the premises.
(c)
General Requirements.
(1)
Applicability. Film, video and still photography shall be permitted as a temporary use in all zoning districts, unless otherwise specifically prohibited, subject to the approval of a temporary Site Development Permit by the Director of Community Development. All filming activities are subject to the provisions of this section unless specifically exempted under subsection (d) below.
(2)
Cost. The fees related to a temporary Site Development Permit for film, video and still photography shall be as established by the City Council pursuant to the most current Schedule of Service Fees. The fees charged for permits for filming activities shall not exceed the actual costs incurred by the City. A cancellation fee of 20% of the permit cost shall be incurred if an applicant cancels the permit after 3:00 p.m. on the last business day before the scheduled shoot.
(3)
Permit Processing Time Requirements. The processing of temporary Site Development Permits for filming activities shall adhere to the following time schedule:
(4)
Jurisdiction. The City of Dana Point reserves the authority to issue permits for professional film, video and still photography on all public and private property within the City, with the following exceptions:
(d)
Exemptions. The following film, video and still photography activities are exempt from the provisions of this Section:
(1)
Filming activities solely for personal, noncommercial use;
(2)
The regular activities of the news media concerning those persons, locations or occurrences which are in the news and of general public interest;
(3)
Charitable films (fee exempt only);
(4)
Student films (fee exempt only); and
(5)
Filming activities conducted at and entirely within a studio.
(e)
Permit Application and Issuance. The following information shall be included in the application for a temporary Site Development Permit for film, video, and still photography.
(1)
The name of the owner(s), address(es) and telephone number(s) of the place(s) at which the activity will be conducted;
(2)
The specific location(s) at said address(es) or place(s);
(3)
The inclusive hours and dates such activity will transpire;
(4)
A general statement of the character or nature of the proposed filming activity;
(5)
The name(s), address(es) and telephone number(s) of the person(s) in charge of such activity;
(6)
The exact number of personnel to be involved;
(7)
A description of any use of animals, pyrotechnics or special physical effects to be involved; and
(8)
The exact number and type of vehicles and equipment to be involved.
Applications for temporary Site Development Permits shall be processed in a timely manner in conformance with the requirements specified in subsection (c)(3) above. |
(f)
Findings. In approving a temporary Site Development Permit for film, video or still photography, the Director of Community Development shall make the following findings:
(1)
The filming activity requested falls within the scope of City Council Policy No. 501 and the provisions of this Section.
(2)
The filming activity as proposed and conditioned is not inconsistent with the City's Zoning Code and is not incompatible with the City's General Plan.
(3)
The site is adequate in size, shape, and access to accommodate additional demands generated by the proposed filming activity.
(4)
The filming activity as proposed and conditioned will not create significant noise, traffic, or other conditions that will be detrimental or incompatible with other permitted uses within the vicinity.
(5)
Any unimproved, vacant, privately-owned property used for filming activity shall be deemed "improved" for the duration of the permit so as to comply with the provisions of Dana Point Municipal Code Section 12.08.016(n) regarding parking on unimproved, vacant, privately owned property.
(g)
Conditions of Approval.
(1)
Standard Conditions. The following standard conditions of approval shall be included in all temporary Site Development Permits for film, video and still photography:
(A)
Prior to the issuance of a temporary Site Development Permit, the applicant shall provide a letter of indemnification to the City, agreeing to hold the City harmless for any events or actions which may occur during or as a result of the activities authorized by this permit.
(B)
Prior to the issuance of a temporary Site Development Permit, the applicant shall provide proof of liability insurance to the satisfaction of the Director of Community Development. Said insurance shall list the City of Dana Point as additional insured for a minimum of $1,000,000 per occurrence.
(C)
Any vacant, unimproved, privately owned property which is proposed to be used for off-street parking purposes shall be posted with signs indicating that the parking is reserved for filming activity parking only; and specifying the dates of the filming activity.
(D)
The applicant shall ensure that no activities will occur that are contrary to the public health, safety, or welfare.
(E)
The applicant shall be responsible for the restrictions and conditions set forth in this permit. A copy of this permit shall be on site at all times. Any deviations from the provisions as set forth in this permit without written authorization from the City of Dana Point shall deem this permit null and void, and shall be taken into consideration for future requests of this type.
(2)
Special Conditions. The following special conditions of approval shall be included, when applicable, in all temporary Site Development Permits for film, video and still photography:
(A)
Site Clean-Up. The applicant shall conduct all operations in an orderly fashion with continuous attention to the storage of equipment not in use and the clean-up of trash and debris. The site used shall be cleaned of trash and debris upon completion of shooting at the scene and restored to the original condition before leaving the site. The applicant may be required to post a refundable faithful performance bond or security deposit prior to permit issuance to ensure clean-up and restoration of the site.
(B)
Filming on Private Property. The applicant shall provide evidence, to the satisfaction of the Director of Community Development, that activities taking place on private property are done with the approval of the property owner.
(C)
Filming in Public Right-of-Way. The applicant shall obtain the appropriate encroachment permits for the use of public rights-of-way, including sidewalks, medians and parkways. This includes permission to string cable across rights-of-way from generator to service point. Temporary "No Parking" signs shall be posted by the appropriate jurisdiction if the applicant will be parking vehicles or equipment in zones which do not otherwise permit parking.
(D)
Filming in Flood Control Channels. The applicant shall vacate any flood control channel where filming is taking place as required to allow releases of water. The applicable flood control agency or district shall be named as an additional insured on the applicant's liability insurance for filming in or on flood control properties.
(E)
Filming on Beaches. Scenes requiring a fire or campfire on the beach shall utilize a gas jet. No fires other than gas jets will be permitted unless the beach is equipped with fire rings. Access roads to beaches which serve as an emergency service road may not be obstructed in any way at any time. No relocation, alteration or moving of beach structures will be permitted without prior approval from the permitting jurisdiction.
(F)
Filming in City Parks. The applicant shall reserve the use of City parks through the Community Services Department. A security deposit for use of City parks shall be required prior to the issuance of a temporary Site Development Permit for filming activities.
(G)
Use of Public Parking Lots. The applicant may be billed according to the current rate schedule established by the applicable jurisdiction for the use of public parking lots.
(H)
Traffic Control. The applicant shall be required to use California Highway Patrol or Orange County Sheriff personnel for all traffic control of any nature or duration. The applicant shall submit a traffic control plan for the permit which includes the following:
1.
The applicant shall furnish and install advance warning signs and any other traffic control devices necessary in conformance with the current CALTRANS Manual of Traffic Controls for Construction and Maintenance Work Zones. All appropriate safety precautions must be taken.
2.
Traffic may be restricted to one 12-foot lane of traffic and/or stopped intermittently. The period of time that traffic may be restricted will be determined by the permitting jurisdiction, based upon location, time of day, and time of year.
3.
Traffic may not be detoured across a double-yellow line without prior approval from the permitting jurisdiction.
4.
Unless otherwise authorized, camera cars must be driven in the direction of traffic and must observe all traffic laws.
5.
Any emergency road work or construction by City or County crews and/or private contractors, under permit or contract to the appropriate jurisdiction, shall have priority over filming activities.
(I)
Reimbursement for Personnel. The applicant shall be responsible for the reimbursement of any City or County personnel (i.e., police, fire, etc.) provided for the purpose of assisting the production.
(h)
Permit Amendment and Validity. Once issued, a temporary Site Development Permit for filming activities may be amended with written attachments detailing minor changes to the permit, or "riders." There is no limit on the number of riders to a permit. However, a permit cannot be ex-tended or amended by rider after the end of the permit period or the completion of filming activity, whichever occurs first.
Permits shall be valid for the dates, times and locations specified in the permit. The City of Dana Point reserves the right, upon showing good cause, to change the date for which the permit has been issued provided established limitations are complied with in respect to time and location. Permits may be canceled by the applicant with a full refund at any time up to 3:00 p.m. of the last business day before the commencement of filming activity. Any violation of the provisions of the permit or of this Section shall deem the permit null and void.
(Added by Ord. 94-19, 11/22/94)
§ 9.39.090 Seasonal Fruit Sales.
Seasonal produce sales are temporary commercial uses which occur during the particular local growing period of certain fruits or vegetables. Unless prohibited by the regulations of the specific zoning district, seasonal produce sales shall be permitted only on fully developed property in any commercial district.
(a)
Temporary Site Development Permit. Seasonal produce sales shall require approval of a Temporary Site Development Permit pursuant to Chapter 9.71.
(b)
Operator Requirements.
(1)
Seasonal produce sales are limited to growers with current Department of Agriculture certification.
(2)
Seasonal produce sales operators must conspicuously display a current Certified Producer's Certificate issued by the State of California.
(3)
Seasonal produce sales operators must obtain property owner approval.
(c)
Locational and Parking Requirements.
(1)
All seasonal produce sales must be located within a parking lot or other acceptable paved area of an existing and operative development. No such sales shall be permitted on any vacant lot or abandoned development.
(2)
The operator must demonstrate sufficient available parking in conjunction with all other on-site uses.
(3)
No seasonal produce sales shall occur within 1,000 feet of another seasonal produce stand, excepting those associated with other approved temporary uses such as a farmers market, fairs or festivals.
(d)
Merchandise to be Sold. Seasonal produce sales shall not duplicate existing produce sold on-site by current tenants unless authorized by the property owner and approved by the Director of Community Development.
(e)
Duration of Sales. Seasonal produce sales shall be limited to a maximum of 120 consecutive days at any one site.
(f)
Removal of Facility. Upon completion of seasonal produce sales, all facilities used for such activities shall be removed and the site restored to the pre-event condition. Unless otherwise permitted in the Temporary Site Development Permit, the removal of facilities and clearing of the site shall be complete within three calendar days of the close of the activity.
(Added by Ord. 96-10, 8/13/96)