Martinez City Zoning Code
CHAPTER 22
41 TEMPORARY USE PERMITS
§ 22.41.010 Purpose.
The purpose of this Chapter is to establish a procedure for approving temporary land uses that meet established development review standards and are appropriate due to their temporary nature. The permitted temporary land uses are those specified in Section 22.41.030 and other temporary land uses determined to be similar by the Community and Economic Development Director or designee. This Chapter regulates temporary uses on private property. Temporary uses shall not be permitted on public property unless otherwise explicitly allowed by this Chapter, with an encroachment permit issued by the Engineering Division, and/or a special events permit issued by the Community and Recreation Services Division.
(Ord. No. 1458, § IX, 5/15/2024; Ord. No. 1488, 6/24/2026)
§ 22.41.030 Uses permitted with a temporary use permit.
All temporary use permits must conform to the following standards to be approved. No temporary use permit may be renewed unless otherwise indicated by this Chapter.
A.
Construction-related temporary uses. The following types of construction-related temporary uses may be permitted with approval of a temporary use permit:
1.
Temporary construction trailer. A temporary construction trailer not located on the site where the construction activity is occurring.
2.
Temporary storage container. This use includes metal shipping containers used for the storage of materials on sites other than where the construction activity is occurring. A temporary storage container associated with construction that meets all the following conditions:
a.
Temporary storage container in conjunction with remodeling or reconstruction work at a project site with an active building permit and shall be located on the project site. For construction on a single parcel (not part of a larger development project), a temporary use permit is valid for as long as the project has a valid building permit, or for one year, whichever is shorter.
b.
Container must be located on private property and may not be located in the public right-of-way.
c.
Container shall be sited to minimize impacts on required parking to the extent feasible.
d.
Container must be located on a paved surface.
e.
Container may be located in the rear yard on a paved or unpaved surface.
f.
No more than one container per residential parcel is permitted.
3.
Construction equipment storage yard. A construction equipment storage yard includes both storage containers and construction equipment associated with construction on a commercial, industrial, or residential project, which is not located on the same site where the construction activity is occurring. A construction equipment storage yard shall be located in close proximity to the project site.
B.
Farmers market. An event offering for sale produce, food items, and related goods and merchandise by certified growers authorized to sell directly to consumers, which takes place on private property. Each individual farmers market shall be limited to one day per week. Farmers markets on public property require a special events permit from the Community and Recreation Services Division.
C.
Mobile vendors. Vehicles or trailers that are equipped to prepare and sell food, beverages, or other retail items, subject to the following performance standards:
1.
Mobile vendors shall only operate on private property, in City-owned parking lots, in public plazas, in public parks, and in legal parking spaces on public streets.
2.
Mobile vendors operating in legal parking spaces on public streets are subject to the following restrictions:
a.
Mobile vendors shall only operate between 7:00 A.M. and 10:00 P.M.
b.
Mobile vendors shall comply with the posted parking time limits and shall pay all applicable parking fees.
c.
Mobile vendors shall provide their own temporary waste receptacle and shall off-haul and properly dispose of all solid waste.
d.
Mobile vendors are prohibited from operating on streets with a posted traffic speed of 35 miles per hour or greater.
e.
Mobile vendors shall not operate on streets or rights-of-way where a public safety hazard or unsafe condition exists or potentially exists, based upon determination by the Community and Economic Development Director or designee.
Mobile vendors operating in legal parking spaces on public streets for an hour or more are subject to the following additional restrictions: |
f.
Mobile vendors shall maintain a minimum distance of 100 feet from any other mobile vendor located in a legal parking space.
g.
Mobile vendors shall operate within a maximum travel distance of 200 feet of an approved and readily available toilet and handwashing facility to ensure that restroom facilities are available to mobile vendor employees whenever the mobile vendor is stopped to conduct business for more than a one-hour period.
3.
Mobile vendors operating in City-owned parking lots, public parks, public plazas, or as part of a permitted street closure must secure the approval of the City. Mobile vendors operating on private property must secure the approval of the property owner, prior to filing the application.
4.
Mobile vendors must secure all applicable State and local permits prior to operating within the City, including, but not limited to, environmental health permits and fire certificates.
5.
Mobile vendors are required to secure and display a City of Martinez business license.
6.
Temporary use permits for mobile vendors are valid for a maximum of one year or for the time period listed in the approved permit, whichever is shorter. After the permit has expired, an applicant must reapply for a new temporary use permit to continue any mobile vending operation.
7.
Mobile vendors are limited to operating a maximum of 100 days per year. Mondays and Tuesdays are not included towards the allotted days.
8.
Mobile vendors operating in Martinez shall report Martinez as the point of sale for the sales tax collected while operating in Martinez city limits. Failure to do so will result in revocation of their use permit.
9.
Noise from any generator shall be minimized as much as possible through screening and placement.
10.
An applicant may request an exception to exceed standards 6 and 7. The other standards may not be modified. An exception may be granted if the following findings can be made:
a.
The use will not pose a detrimental impact to the site, adjacent properties, or neighborhood.
b.
The use will otherwise comply with applicable Zoning Ordinance standards and requirements.
D.
Outdoor event by an established business. An outdoor event shall be limited to a maximum of 30 event days per year. Outdoor events are distinguishable from outdoor sales by established businesses in that outdoor events do not involve the commercial sale of merchandise, but are promotional in nature or for charitable or fundraising purposes. Examples of outdoor events by an established business include, but are not limited to, car shows hosted by non-auto-oriented businesses or similar events. Events in the public right-of-way are subject to further limitations. An encroachment permit is required for any road closure. Outdoor events cannot conflict with other events permitted by the City. Individual outdoor events approved as part of a temporary use permit allowing outdoor events are subject to the conditions of approval of the primary temporary use permit. Applicants shall notify the City at least 15 days in advance of any proposed individual outdoor event.
E.
Outdoor sales by an established business. Outdoor sales of merchandise and goods may be permitted in the public right-of-way provided they will not impact accessibility. Outdoor sales that occur entirely on private property do not require a temporary use permit.
F.
Outdoor skating rink. An outdoor skating rink may be permitted, with a maximum of 90 operational days per calendar year.
G.
Sales office/model home complex. This use includes nonpermanent sales offices and model home complexes within approved developments, and accessory signs, landscaping, and parking facilities. This temporary use is in effect during the period of construction and original sale of the buildings or lots in a new development. A temporary use permit is not required if sales take place entirely within a building that is otherwise permitted as a permanent structure in the approved development.
H.
Seasonal sales lot. A seasonal sales lot, including, but not limited to, Christmas tree lots and pumpkin patches, is permitted for a maximum of 60 days.
I.
Special events. An event intended to serve a public need by providing a community service or special entertainment event for the Martinez community which is normally only provided as a temporary and/or seasonal activity. Examples of special events include, but are not limited to, parades, celebrations, memorials, festivals, and fairs. Special events on public property must obtain a special events permit through the Community and Recreation Services Division.
J.
Storage or shipping container. This use includes metal shipping containers used for the storage of materials, and does not include containers associated with construction. The permit may be for one container per business or parcel for no more than one year subject to standards established by the Community and Economic Development Director designee and may be renewed by means of another temporary use permit.
1.
Residential. In residential zoning districts, the following conditions apply:
a.
Storage containers in place for fewer than 30 days do not require a temporary use permit.
b.
Container must be located on private property and may not be in the public right-of-way.
c.
Container shall be sited to minimize impacts on required parking to the extent feasible.
d.
Container must be located on a paved surface.
e.
Container may be in the rear yard on a paved or unpaved surface.
2.
Non-residential. In non-residential zoning districts, the following conditions apply:
a.
All temporary storage containers in non-residential zoning districts require a temporary use permit.
b.
Letters must be submitted certifying that the Contra Costa County Department of Environmental Health, the Contra Costa County Fire Protection District, and Building Division have given approval to the materials stored and the methods used before the permit will be issued.
K.
Temporary mobile home/manufactured home. Occupancy of a mobile home/manufactured home during the period of construction of permanent living quarters for which a valid building permit is in force, on the same premises, in any agriculture or residential zoning district.
L.
Vehicle sales promotional tent sales. A temporary event promoting auto sales with a duration greater than 30 days. A promotional tent sale shall be permitted subject to the following conditions:
1.
The duration of automobile dealership promotional tent sales for any one dealership shall be limited to a maximum of 75 days per calendar year.
2.
The total square footage of all temporary tents utilized during an automobile dealership promotional tent sale at an auto dealership site at any one time shall be no more than 2,000 square feet.
3.
The location of temporary tents shall be subject to review and approval by the Planning Division, Building Division, Engineering Division, and Contra Costa County Fire Protection District. A building permit shall be obtained prior to installation of the temporary tent.
4.
No advertising or logos are permitted on any temporary tent canopy.
5.
Temporary tents cannot be in place for longer than six months.
M.
Other temporary uses. A use not otherwise defined in this Chapter that is determined by the Community and Economic Development Director or designee to be temporary in nature and compatible with the surrounding area and zoning district in which it is located may be approved.
(Ord. No. 1458, § IX, 5/15/2024)
§ 22.41.050 Type of temporary use permits: major and minor.
A.
Major temporary use permit. Any applicant seeking a temporary use permit for any temporary use listed in Section 22.41.030 that, due to its size, location, or hours of operation, poses a significant potential impact on neighboring properties, shall be required to obtain a major temporary use permit. Examples of temporary uses requiring a major temporary use permit include, but are not limited to, an event which draws so many participants that lanes of traffic are closed and safety personnel are required to be on hand to direct traffic into parking areas.
B.
Minor temporary use permit. All other types of temporary uses listed in Section 22.41.030 shall be required to obtain a minor temporary use permit.
(Ord. No. 1458, § IX, 5/15/2024)
§ 22.41.060 Minor use permit.
A minor use permit may be applied for to deviate from a standard for any temporary land use contained in Section 22.41.030.
(Ord. No. 1458, § IX, 5/15/2024)
§ 22.41.070 Application.
The applicant shall submit a complete standard application form, accompanied by a fee, written description of the proposed temporary use with hours and duration of operation, the written authorization by the property owner, and a diagram of the proposed temporary use (including pedestrian and automobile circulation) and other information as may be required by the Community and Economic Development Director or designee. The Community and Economic Development Director or designee will determine whether the temporary use permit is major or minor for the purposes of fee payment.
(Ord. No. 1458, § IX, 5/15/2024)
§ 22.41.080 Approval.
The Community and Economic Development Director or designee may approve a temporary use permit upon make the determination that the project meets the findings in Section 22.41.090 and any standards established by the Community and Economic Development Director or designee for that permit, including, but not limited to, compliance with applicable requirements of the State of California; review and approval by other departments, divisions, and outside organizations; compliance with other applicable regulations; and meets the requirements of this Title. The Community and Economic Development Director or designee may impose additional standards or conditions of approval on the temporary use permit.
(Ord. No. 1458, § IX, 5/15/2024)
§ 22.41.090 Findings.
The Community and Economic Development Director or designee may approve an application for a temporary use permit, without public notice, upon making the following findings:
A.
The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the city; and
B.
The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas or a parking management plan.
C.
The use is consistent with all applicable provisions of the Municipal Code, the General Plan, and any applicable Specific Plans or city regulations/standards.
(Ord. No. 1458, § IX, 5/15/2024)
§ 22.41.100 Expiration of temporary use permit.
A temporary use permit is valid for one year, for the time period specified in this Chapter, or for the time period listed in the approved permit, whichever is shorter.
(Ord. No. 1458, § IX, 5/15/2024)
§ 22.41.110 Appeals.
The approval or denial of a temporary use permit may be appealed to the Planning Commission.
(Ord. No. 1458, § IX, 5/15/2024)
