Fountain Valley City Zoning Code
CHAPTER 21
48 TEMPORARY USE PERMITS
§ 21.48.010 Purpose.
(a)
Process. This chapter provides a process for reviewing proposed temporary uses, that would be conducted on privately owned property outside of a private structure (e.g., car washes, outside displays/sales, special events, etc.).
(b)
To ensure that:
(1)
Basic public convenience, health, interest, safety or community welfare standards are maintained and protected from any adverse impacts;
(2)
The integrity of the applicable zoning district is preserved;
(3)
The compatibility between the temporary land use and the surrounding neighborhood is maintained; and
(4)
Suitable temporary uses are approved with the minimum necessary conditions or limitations consistent with the temporary nature of the use.
(Ord. 1308 § 5, 2000)
§ 21.48.020 Review authority.
The director shall approve, approve with conditions, or disapprove temporary use permit applications, and impose conditions necessary to ensure compatibility with surrounding uses, to preserve the public convenience, health, interest, safety or welfare, and necessary to make the findings required by Section 21.48.080 (Findings and decision) of this chapter.
(Ord. 1308 § 5, 2000)
§ 21.48.030 Applicability.
(a)
Minor Short-Term Activities. A temporary use permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature.
(b)
Temporary Use Permit Required. Temporary land uses shall not be established, operated, or conducted in any manner without the approval and maintenance of a valid temporary use permit.
(c)
Categories of Uses. The following two categories of temporary uses identify the level of permit required, if any, based on the proposed duration, size and type of use:
(Ord. 1308 § 5, 2000)
§ 21.48.040 Exempt temporary uses.
The following minor and limited duration temporary uses are exempt from the requirement for a temporary use permit. Uses that do not fall within the categories defined below shall comply with Section 21.48.050 (Allowed temporary uses) of this chapter.
(1)
Construction Yards—On-Site.
(A)
On-site contractors' construction yard(s), in conjunction with an approved construction project on the same site;
(B)
One adult caretaker may be present during nonconstruction hours;
(C)
The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit, authorizing the construction project.
(2)
Emergency Facilities. Emergency public health and safety needs/land use activities.
(3)
Estate, Garage or Yard Sale Events. Estate, garage or yard sale events with no more than four events within a twelve-month period, and for no longer than three consecutive days for each event.
(4)
Employee Events. Businesses that host an outdoor group activity that is not open to the public, e.g., annual/semi-annual outdoor lunches or meetings, for staff members already located on site and on-site parking is provided for all attendees.
(Ord. 1308 § 5, 2000; Ord. 1544 § 4, 2019)
§ 21.48.050 Allowed temporary uses.
The following temporary uses may be allowed, subject to the issuance of a temporary use permit by the director. Uses that do not fall within the categories defined below shall comply with the use and development regulations and entitlement review provisions that otherwise apply to the property.
(1)
Car Washes.
(A)
Car washes, not more than twelve days each twelve-month period for each location;
(B)
Sponsorship shall be limited to educational, fraternal, religious or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.
(2)
Construction Yards—Off-Site.
(A)
Off-site contractors' construction yards, in conjunction with an approved construction project;
(B)
One adult caretaker may be present during nonconstruction hours;
(C)
The permit shall expire and the construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit, authorizing the construction project.
(3)
Events.
(A)
Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, farmer's markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second hand sales and swap meets for eighteen consecutive days or less, or six two-day weekends, within a twelve-month period;
(B)
Outdoor meetings and group activities within the parking areas for seven consecutive days or less, within a twelve-month period;
(C)
Church sales, bazaars, dinners, parties or other outdoor events on church owned property other than the uses identified in paragraphs (1)(A) and (B) of this section shall not be limited to the number of occasions or the duration of each.
(4)
On-Location Filming Activities.
(A)
The temporary use of a specified and director and fire chief-approved on-location site for the filming of commercials, movie(s), videos, etc.
(B)
The director shall make an additional finding: The approval would not result in a frequency of uses likely to create incompatibility between the temporary filming activity and the surrounding neighborhood.
(5)
Outdoor Displays/Sales. The temporary outdoor display/sales of merchandise (e.g., sidewalk sales) shall be allowed only if the merchandise regularly sold on the premises and located immediately adjacent to the structure for a period of 18 consecutive days or less, within a 12-month period.
(6)
Outdoor Sales of Flowers and Produce.
(A)
The temporary outdoor sales of items (e.g., flowers, fruits, vegetables, etc.) which shall be allowed only if the property is engaged in agricultural production for the duration of the temporary use;
(B)
The sales stand shall be temporary and located a minimum of 75 feet from any existing structure used for residential purposes, if not owned by the applicant for the temporary use permit;
(C)
The maximum duration shall not exceed 90 consecutive days, within a 12-month period, if located on a parcel(s) not engaged in agricultural production.
(7)
Seasonal Sales Lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers, on nonresidential properties, for 45 days or less, within a 12-month period.
(8)
Temporary Model Homes. Temporary model homes and related facilities (e.g., parking lots) may be established within the area of an approved residential subdivision project, solely for the first sale of homes. The application may be approved for a maximum time period of 12 months.
(9)
Temporary Structures. A temporary classroom, office or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 12 months, as an accessory use or as the first phase of a development project, in the commercial and industrial zoning districts.
(10)
(11)
Temporary Off-Site Storage Yards. A permit for temporary off-site storage may be granted by the community development director for up to 12 months. Limited to only public intuitional zones. Additional time may be granted at the discretion of the director.
(12)
Similar Temporary Uses. Similar temporary uses which, in the opinion of the director, are compatible with the zoning district and surrounding land uses and necessary due to unusual or unique circumstances beyond the control of the applicant.
(13)
Minor Temporary Uses. Minor temporary uses for non-profit entities that draw less than 200 people during a four-hour period, do not provide any amplified music, and can accommodate on-site parking for all attendees.
§ 21.48.060 Application filing, processing and review.
(a)
Filing. An application for a temporary use permit shall be filed with the department in the following manner:
(1)
An application for a temporary use permit shall be submitted for approval, in compliance with this chapter before the establishment or operation of the proposed temporary use;
(2)
For events proposed within nonresidential zoning districts: At least 15 days before the date that the proposed use is scheduled to take place; and
(3)
For events proposed within residential zoning districts: At least 30 days before the date that the proposed use is scheduled to take place.
(b)
Contents. The application shall be accompanied by the information identified in the department handout for temporary use permit applications.
(Ord. 1308 § 5, 2000)
§ 21.48.070 Standards.
(a)
Appropriate Development Standards. Standards for floor areas, heights, landscaping, parking, setbacks and other structure and property development standards that apply to the category of use or the zoning district of the subject site shall be used as a guide for determining the appropriate development standards for temporary uses.
(b)
Adjustment of Requirements. The director may authorize an adjustment from the specific requirements deemed necessary or appropriate consistent with the temporary nature of the use.
(c)
Removal of Materials and Structure(s) Associated with the Former Use. All materials and structure(s) associated with the former use shall be removed within three days from the actual termination of operations, or after the expiration of the temporary use permit, whichever first occurs.
(d)
Other Permits Required. Temporary uses may be subject to additional licenses, inspections or entitlements required by applicable local, state or federal requirements.
(Ord. 1308 § 5, 2000)
§ 21.48.080 Findings and decision.
A temporary use permit may be approved, modified, conditioned or disapproved by the director. The director may defer action and refer the application to the commission. The director, or the commission on appeal or referral, may approve, modify, or conditionally approve a temporary use permit application, only for the duration(s) identified in Section 21.48.050 (Allowed temporary uses) of this chapter, and only if the following findings of fact can be made in a positive manner:
(1)
The temporary use would be located, operated and maintained in compliance with the actions, goals, objectives and policies of the general plan and any applicable specific plan, and the applicable provisions of the this code and this title;
(2)
The location, operation or maintenance of the temporary use would not be detrimental to the public convenience, health, interest, safety or welfare of persons residing or working in the surrounding neighborhood;
(3)
Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this title;
(4)
The temporary use would be compatible with adjoining properties and the surrounding neighborhood, and would not alter the integrity of the applicable zoning district in which it is to be located; and
(5)
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city's environmental review procedures.
(Ord. 1308 § 5, 2000)
§ 21.48.090 Conditions of approval.
In approving a temporary use permit, the director may impose conditions (e.g., buffers, eliminating the saturation of an area with like uses, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to:
(1)
Compliance with Chapter. Ensure compliance with the general purpose of this chapter, the actions, goals, objectives and policies of the general plan and any applicable specific plan;
(2)
Compliance with Findings. Ensure that the approval would be in compliance with the findings required by Section 21.48.080 (Findings and decision) of this chapter;
(3)
Protect Interests. Protect the best interests of the surrounding property or neighborhood; and
(4)
Acknowledgment.
(A)
Ensure that the applicant acknowledges receipt, full understanding, and agreement with all of the conditions before issuance of the temporary use permit,
(B)
By signing the written acknowledgment, the applicant acknowledges acceptance of the benefits of the temporary use permit and agrees to waive any right to later challenge any condition(s) imposed as unfair, unnecessary, or unreasonable.
(Ord. 1308 § 5, 2000)
§ 21.48.100 Post approval procedures.
(a)
Procedures. Procedures relating to appeals, changes, performance guarantee, revocation (temporary use permits only require a twenty-four-hour notice for revocation), and time extensions, as identified in Chapters 21.52 through 21.64 of this title, in addition to those identified in Chapter 21.54 (Entitlement Implementation, Time Limits and Extensions) of this title, shall apply following the approval of a temporary use permit application.
(b)
Condition of the Site Following Temporary Use.
(1)
Each site occupied by a temporary use shall be cleaned of debris, litter, temporary structures or other evidence of the temporary use within three days after the termination of the use, expiration of the temporary use permit, and/or revocation of the temporary use permit, whichever comes first, and shall thereafter be used in compliance with the provisions of this title.
(2)
A bond or other security approved by the director may be required before initiation of the use to ensure cleanup and restoration after the use is finished.
(3)
The director shall have the responsibility to verify that the cleanup and restoration identified in paragraph (b)(1) of this section has been completed in a satisfactory manner.
(c)
Substantial Compliance. Once approved by the director, the design and general appearance (e.g., colors, materials, etc.) of the approved temporary improvements shall not be substantially altered. Substantial changes shall require director review and approval before construction.
(Ord. 1308 § 5, 2000)
§ 21.48.110 Temporary permit violations.
It is unlawful for any owner, operator, tenant or other person in control of property within the city for which the requirements set forth in this chapter apply, to operate or maintain any activities for which a temporary use permit is required without a temporary use permit or to fail to comply with each condition of said temporary use permit or to otherwise fail to comply with the provisions of this chapter.
(Ord. 1358 § 15, 2004)