Los Banos City Zoning Code
ARTICLE 38
TEMPORARY USES
§ 9-3.3801 Purpose and intent.
The purpose of this article is to establish procedures, standards, and requirements for the approval of temporary activities, events, and uses on private property which are ancillary to the principal use permitted under the zoning code, and is intended to operate on a short-term basis for a limited period. Such activities, events, and uses may not meet the typical use or development standards for a particular zoning district, but may be acceptable due to their temporary nature. Temporary activities, events, and uses include special events provided for the enjoyment of the public, sales and promotional activities intended to serve commercial interests, seasonal activities, temporary construction related activities, temporary storage, and similar temporary activities, events, and uses on private property. The intent of this article is to ensure that temporary uses shall be compatible with surrounding land uses, protect the rights of adjacent residences, businesses and landowners and minimize any adverse effects on surrounding properties, rights-of-way, and the environment. It is not the intent of this article to replace the need for a conditional use permit where required for permanent uses.
(§ 1, Ord. 1144, eff. May 6, 2016)
§ 9-3.3802 Applicability.
The temporary use permit provisions of this article shall apply to temporary uses of private property which are limited in duration and frequency that do not involve any significant alterations of the land, improvements or construction of permanent structures and that are not otherwise regulated or require a permit by the provisions of the Los Banos Municipal Code.
(§ 1, Ord. 1144, eff. May 6, 2016)
§ 9-3.3803 Temporary use permit required-Exceptions.
(a)
Except as otherwise provided in this article, it is unlawful in the City for any person (property owner, tenant, or otherwise) to establish, conduct, or operate a temporary use without first obtaining a temporary use permit.
(b)
Temporary uses not requiring a temporary use permit. The following temporary uses are allowed without a temporary use permit subject to meeting any applicable standards, requirements, and limitations; subject to any applicable permit or licensing requirements established in the Los Banos Municipal Code; and subject to the standards, requirements and limitations specified by this article:
(1)
Charitable or non-profit fundraising events. Events in conjunction with a fundraising activity of a civic organization, church, lodge, public or private school, or other such charitable or non-profit group or organization. Such activities without a temporary use permit shall only occur in nonresidential districts unless located on the property owned or leased by the organization or group.
(2)
Other events. Events or activities such as arts and crafts exhibits, auctions, festivals, food events, conferences, receptions, celebrations, dinner dances, indoor concerts, live entertainment, or similar events on property designed to accommodate such events, such as fairgrounds, auditoriums, halls, theatres, stadiums, schools, churches, and lodges.
(3)
Construction yards and offices. On-site contractors' construction yards and offices, including manufactured or mobile units, in conjunction with an approved construction project. Yards and offices shall be removed within 10 days of receiving an occupancy permit for the project.
(4)
Emergency shelters and activities. During a declared emergency, temporary emergency shelters or activities shall be permitted in any zoning district provided that the facilities are approved by the Building Department and Fire Department prior to use.
(5)
Garage and yard sales in residential zones. All garage or yard sales shall be registered with the City through the Community and Economic Development Department prior to the time of the sale, on a form provided by the City.
(A)
Four garage or yard sales in any 12 month period, not exceeding two consecutive days each, shall be deemed a use incidental to the residential use of a property. Garage or yard sales in excess of this limit shall be prohibited in all residential zones.
(B)
Garage sales are limited to the hours of 7:00 a.m. to 5:00 p.m.
(C)
No outdoor storage shall be allowed. All sale items shall be removed from public view at the end of each sale date.
(D)
All merchandise to be sold shall be displayed on a private lot and not within the public right-of-way.
(E)
All signs used in connection with advertising a garage sale shall comply with the following standards. The City is authorized to remove garage sale signs that are not in compliance with the following standards:
(i)
No more than one sign shall be posted on the premises of the garage sale.
(ii)
No more than two freestanding signs may be posted off-site, subject to the written permission of the property owner on whose property the sign may be placed. Each off-site sign shall not exceed six square feet in area. No sign shall be placed in the public right-of-way or affixed to utility poles, street sign poles or any public facilities.
(iii)
All signs shall be removed within 24 hours of the conclusion of the garage sale.
(6)
Temporary portable moving containers and household storage containers in residential zones. All portable moving containers and household storage containers shall be registered with the City through the Community and Economic Development Department prior to the time of the placement of the container, on a form provided by the City.
(A)
Temporary portable moving containers or household storage containers for residential moving purposes or household storage, not exceeding 14 calendar days in one twelve (12) month period, shall be deemed a use incidental to the residential use of a property. Use in excess of 14 calendar days shall require a temporary use permit.
(B)
Permitted only on the driveway of the individual residential unit, not permitted in the side yard, back yard, in the public street or right-of-way. Containers shall not be placed in the public right-of-way or overhang the sidewalk. Containers shall be placed a minimum of two feet from the front property line.
(C)
Limited to one unit per residential unit.
(7)
Temporary commercial storage containers in nonresidential zones. All portable storage containers shall be registered with the City through the Community and Economic Development Department prior to the time of the placement of the container, on a form provided by the City.
(A)
Temporary commercial storage containers not exceeding 14 calendar days in one twelve (12) month period shall be deemed a use incidental to the use of a property in a nonresidential zone. Use in excess of 14 calendar days shall require a temporary use permit.
(B)
Permitted only on an improved surface, not permitted in the public street or right-of-way. Containers shall be placed a minimum of two feet from any property line.
(C)
Limited to one storage container per parcel.
(8)
Temporary construction storage or construction waste containers.
(A)
Temporary construction storage containers or waste containers in conjunction with an approved building permit and active construction activities shall be deemed a use incidental to the primary use of a property. The container(s) shall be removed within 10 days of receiving a final notice or ceasing construction activity.
(B)
In residential zones temporary construction storage containers are permitted only on the driveway of the individual residential unit, not permitted in the side yard, back yard, in the public street or right-of-way.
(C)
In all zones temporary construction storage containers shall not be placed in the public right-of-way or overhang the sidewalk. Containers shall be placed a minimum of two feet from the property line.
(D)
In residential zones temporary construction waste containers are permitted only on the driveway of the individual residential unit, not permitted in the side yard, back yard, in the public street or right-of-way.
(E)
In all zones temporary construction waste containers shall not be placed in the public right-of-way or overhang the sidewalk. Containers shall be placed a minimum of two feet from the property line. Exception: temporary construction waste containers are permitted curbside in the street directly in front of the construction site with the prior written approval of the Community and Economic Director.
(F)
In residential zones: limited to one storage unit for the storage of equipment and tools and one waste container unit for construction waste per construction site. Any use not in compliance with the foregoing requirements shall require a temporary use permit.
(G)
All construction storage containers or waste containers shall be registered with the City through the Community and Economic Development Department prior to the time of the placement of the container, on a form provided by the City.
(13)
Temporary real estate sales offices. An office, including a manufactured or mobile unit, within an approved project, for the marketing, sales, or rental of residential, commercial, or industrial properties.
(14)
Similar temporary uses. Similar temporary uses to the uses set forth in this subsection or minor promotional events which, in the opinion of the Community and Economic Development Director, do not require a temporary use permit or a use permit and are compatible with the zoning district and surrounding land uses.
(c)
Allowed temporary uses requiring a temporary use permit. The following temporary uses may be allowed on private property, subject to the issuance of a Temporary Use Permit by the Community and Economic Development Director. Uses that do not fall within the categories defined below shall comply with the use and development regulations and land use permit review provisions that otherwise apply to the property.
(1)
Major events. Events or activities such as amusement rides, auctions, carnivals, circuses, outdoor concerts, fairs, festivals, food events, outdoor entertainment or sporting events, or similar events on property not designed to accommodate such event not to exceed three consecutive days four times in a calendar year.
(2)
Parking lot sales and promotional activities. Parking lot sales or any other event or promotional activity occupying more than 20% of an improved parking lot not to exceed three consecutive days four times in a calendar year.
(3)
Seasonal sales lots. Seasonal sales of Christmas trees and pumpkins in nonresidential districts, including temporary security trailers for a period not exceeding 45 days.
(4)
Outdoor sales of flowers, produce, and holiday merchandise. The temporary outdoor sales of items (e.g., flowers, produce, holiday merchandise) not to exceed three consecutive days four times in a calendar year.
(5)
Temporary parking. Temporary parking lots in association with an event or other permitted use.
(6)
Temporary portable moving containers and household storage containers. Temporary portable moving containers for residential moving purposes and household storage containers for an excess of 14 days.
(7)
Temporary commercial storage containers in nonresidential zones. Temporary commercial storage containers in excess of 14 days or otherwise not in compliance with the requirements of subsection (b)(7). Permanent commercial storage containers in nonresidential districts shall require a conditional use permit.
(8)
Temporary construction waste containers. Temporary construction waste containers not in compliance with the requirements of subsection (b)(8).
(9)
Construction yards—Off-site. A construction yard located off-site from an approved construction project. 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.
(10)
Similar temporary uses. Similar temporary uses to the uses set forth in this subsection which, in the opinion of the Community and Economic Development Director, requires a temporary use permit.
(§ 1, Ord. 1144, eff. May 6, 2016)
§ 9-3.3804 Application for temporary use permit.
A written application for a temporary use permit shall be submitted in a form prescribed by and with all supporting information required by the Community and Economic Development Department before the intended use is scheduled to take place. The application shall include the written consent of the owner of the property or authorized agent. Such application shall be accompanied by a nonrefundable, nontransferable application fee in an amount as established by resolution of the City Council. The permit application shall not be deemed complete until the permit fee has been paid.
(§ 1, Ord. 1144, eff. May 6, 2016)
§ 9-3.3805 Temporary use permit process.
Within three business days of receipt of a complete temporary use permit application, the Community and Economic Development Director shall circulate the application to affected City departments for comments. Within 10 business days of receiving the complete temporary use permit application, the Community and Economic Development Director shall render a decision to approve, conditionally approve or deny the permit and shall notify the applicant of the decision. If the application is denied, the notice shall state the grounds for the denial in writing. Notice may be given either by personal delivery to the applicant, or by depositing it in the U.S. mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his or her address as it appears in the special event application.
(§ 1, Ord. 1144, eff. May 6, 2016)
§ 9-3.3806 Required findings.
The Community and Economic Development Director may approve an application for a temporary use permit only upon making the following findings:
(a)
The proposed use would not impair the integrity and character of the subject zoning district and complies with all applicable provisions of the Uniform Building and Fire Codes.
(b)
The subject site is physically suitable for the type and density/intensity of the proposed use.
(c)
The location, size, design, and operating characteristics of the proposed temporary use will not adversely impact surrounding properties.
(d)
The proposed temporary use will not adversely impact the public health, safety, and welfare.
(e)
There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored.
(f)
There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to the public health and safety.
(§ 1, Ord. 1144, eff. May 6, 2016)
§ 9-3.3807 Conditions of approval.
In approving a temporary use permit, the reasonable conditions may be imposed when deemed necessary to ensure that the approval will be in accordance with the required findings. These conditions may include, but are not limited to, the following: hours of operation, provisions for parking areas, lighting, traffic circulation and access, performance guarantees, property maintenance, and other additional conditions or limitations reasonably necessary to ensure that the temporary use will not adversely impact surrounding properties or public health, safety and general welfare of the community. Approval of a temporary use permit shall not be an entitlement that runs with the land and shall not be assignable or transferable to any other person.
(§ 1, Ord. 1144, eff. May 6, 2016)
§ 9-3.3808 Revocation.
A temporary use permit may be revoked or modified by the Community and Economic Development Director if any one of the following findings can be made:
(a)
That circumstances have changed so that one or more of the required findings can no longer be made;
(b)
That the temporary use permit was obtained by fraud or misrepresentation;
(c)
That one or more of the conditions of the temporary use permit have not been met;
(d)
That the use is in violation of any statute, ordinance, law, or regulation.
(§ 1, Ord. 1144, eff. May 6, 2016)
§ 9-3.3809 Appeals.
The decision of the Community and Economic Development Director or designee may be appealed as provided by the appeal procedure provided in Part 6 of Article 23 of this chapter.
(§ 1, Ord. 1144, eff. May 6, 2016)
§ 9-3.3810 Violation-Penalties.
(a)
It is unlawful and a public nuisance to intentionally violate any of the provisions of this article. Violation of this article may be charged as either an infraction or a misdemeanor. Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901.
(b)
In addition to any other remedy or penalty set forth in this article or this Code, administrative penalties may be imposed pursuant to applicable provisions of Chapter 11 Title 4 of this Code against any responsible party, in violation of any of the provisions of this article. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to Chapter 11 Title 4 of this Code.
(c)
Remedies under this article are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.
(§ 1, Ord. 1144, eff. May 6, 2016)