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El Cajon City Zoning Code

CHAPTER 17

75 TEMPORARY USE PERMIT

§ 17.75.010 Intent and purpose.

The intent and purpose of this chapter is to list the process for temporary use permits under simplified headings.
(Ord. 4950 § 3, 2010)

§ 17.75.020 Applicability.

Some businesses and activities, intended by virtue of their nature to be established for a short duration, may be allowed in various zones with approval of a temporary use permit, as indicated in the land use tables in Chapters 17.140, 17.145, and 17.150. No temporary use permit is required for uses that have been authorized by conditional use permit. Temporary uses include the following:
A. 
Seasonal outdoor businesses, such as Saint Valentine's Day flower booths, Christmas tree lots, and Halloween pumpkin lots.
B. 
Outdoor sales events, such as parking lot sales and outdoor arts and craft shows. Businesses in the city are limited to two outdoor parking lot sales per year, unless additional sales are authorized by conditional use permit. A single vendor may have no more than two outdoor sales events in the city per year, regardless of location unless approved by a conditional use permit.
C. 
Amusements, such as circuses, carnivals, and other similar activities conducted in the general commercial and regional commercial zones.
D. 
Prefabricated storage containers used for short-term or seasonal storage.
E. 
Construction laydown yards in commercial and industrial zones.
F. 
Vehicle storage lot for short-term storage, of excess inventory of new and used automobiles, when the dealership is operated on property of at least two acres in size within the city. The duration may not exceed two years, with a maximum of one administratively-authorized extension.
G. 
Food trucks and/or trailers subject to section 17.225.240.
H. 
Other similar temporary uses, as determined by the director.
(Ord. 5113 § 10, 2022)

§ 17.75.030 Application.

An application for a temporary use permit may be filed with the planning division by the owner of the property for which the permit is requested, or by the property owner's agent. An application may also be filed by the operator of a temporary business, such as the operator of a seasonal business. However, the temporary use permit application must be signed by the owner of the property for which the permit is requested, or by the property owner's agent.
(Ord. 4950 § 3, 2010)

§ 17.75.040 Authority to approve.

Temporary use permits and amendments thereto may be approved, conditionally approved, or denied by the director of community development. The director may, at his or her discretion, refer temporary use permits and amendments thereto to the planning commission, which may approve, conditionally approve, or deny such permits.
(Ord. 4950 § 3, 2010)

§ 17.75.050 Notice required.

A. 
The applicant for a temporary use permit shall be notified in writing of the decision to approve, conditionally approve, or deny the permit.
B. 
In the event that the director refers the permit application to the planning commission, the applicant shall be notified in writing of the meeting a minimum of 10 days prior to the meeting. The notice shall include the date and time of the planning commission meeting.
(Ord. 4950 § 3, 2010)

§ 17.75.060 Appeals.

The decision of the director to approve, conditionally approve, or deny the permit shall be final, unless a written appeal is submitted to the secretary of the planning commission within five days of the director's decision. Any decision of the planning commission is final, unless appealed to the city council within five days of the commission's decision. With the exception of the shortened (five-day) appeal period, such appeals shall be processed pursuant to Chapter 17.30.
(Ord. 4950 § 3, 2010)

§ 17.75.070 Permit processing times.

A completed application and filing fee shall be submitted to the director a minimum of 15 days before the temporary use activity is to commence. However, depending upon the nature of the requested use, additional time up to 30 days may be required to process a temporary use permit application. The applicant will be informed at the time of submittal if additional processing time is required. Within 10 days of the submittal of a completed application and the required filing fee, the director shall render a decision to approve, conditionally approve, or deny the request. If a longer review period is required as described above, the director shall render a decision within 21 days of the completed application submittal. Applications referred by the director to the planning commission shall be scheduled for consideration within 30 days of submittal of a completed application.
(Ord. 4950 § 3, 2010)

§ 17.75.080 Considerations.

The director shall consider the type of activity and its location, including proximity to sensitive uses, in rendering a decision. Furthermore, the director may refer any application for a temporary use permit to any other city department for review and comment and the director may require letters of support from directly affected businesses or residents.
(Ord. 4950 § 3, 2010)

§ 17.75.090 Approval period.

Each temporary permit is valid for only the time period, applicant, and use stipulated in the approval letter. Generally, and except as otherwise provided in this chapter, the conduct of individual outdoor sales events is limited to 72 hours, although additional time may be authorized for setting up and taking down the event. The director shall have the authority to extend the duration of any temporary use permit under unique or unusual circumstances.
(Ord. 4950 § 3, 2010)

§ 17.75.100 Conditions of approval.

The director may impose conditions of approval including, but not limited to: requirements for off-street parking, limitations on the hours of operation and/or the duration of the temporary use activity, requirements for liability insurance, coordination with other businesses and compliance with the city's sign regulations.
(Ord. 4950 § 3, 2010)

§ 17.75.110 Permit revocation.

Any violations of the terms or conditions of approval of a temporary use permit may be grounds for its immediate revocation upon notice to the applicant.
(Ord. 4950 § 3, 2010)