The following provisions are intended to allow for short-term activities which may be appropriate when regulated.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The following temporary uses may be permitted, subject to the issuance of a temporary use permit:

(a)

Temporary real estate offices may be established within the area of an approved tentative map solely for the first sale of homes. A temporary use permit application for a temporary real estate office may be approved for a maximum time period of two years from the date of approval. Extensions may be granted at the discretion of the director.

(b)

Outdoor display and sales of merchandise within a retail shopping center, limited to a maximum of two events each calendar year, not exceeding four consecutive days for each event, offering only merchandise customarily sold on the premises by the business located within the retail shopping center.

(c)

Contractor's temporary construction yard in conjunction with an approved development project.

(d)

Christmas tree sale lots and Halloween pumpkin sales facilities; however, a permit shall not be required when the sales are in conjunction with a legally established commercial business, provided the activity may only be held from December 1 through December 31, of the same year for Christmas tree sales, and from October 1 through November 15, of the same year for the Halloween pumpkin sales.

(e)

Carnivals, festivals, fairs, rummage sales, car washes, outdoor entertainment events, exhibits, and arts and crafts exhibits may be permitted on a temporary basis. (Swap meets, second hand sales, flea markets, and farmers' markets are not included in this classification). Sponsorship shall be limited to public agencies or religious, fraternal, or service organizations directly engaged in civic or charitable efforts. The time period for the event shall not exceed five consecutive days within any three-month period.

(f)

A temporary stand for the sale of a single, seasonal agricultural product not grown on-site may be permitted in any agricultural, commercial or business park/industrial district and on all church and school sites and on vacant residential property abutting arterial highways, provided the applicant demonstrates a Mission Viejo based community nonprofit organization, such as the Boy Scouts, Little League, etc., benefits monetarily from the operation. The temporary use permit shall be valid for a period of time not to exceed 125 days from the date of issuance.

(g)

Similar temporary uses which, when approved by the director, are compatible with the zoning district and surrounding land uses.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 07-248, § 32, 4-2-07)

A temporary use permit may be approved, modified, conditioned, or denied by the director. The director may refer the application to the commission. Decisions of the director may be appealed to the commission, pursuant to chapter 9.56 (Hearings and Appeals). A permit application shall be filed in compliance with chapter 9.55 (Applications and Fees). A final appeal may be made to the council.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The director may approve, or conditionally approve a temporary use permit application, only when all of the findings contained in section 9.47.030 (Findings for Planned Development Permits) are made.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

In approving an application for a temporary use permit, the director may impose conditions deemed necessary to ensure that the permit will be in compliance with the findings required by section 9.47.030. These conditions may involve any pertinent factors affecting the operation of the temporary event, or use, and may include, but are not limited to, the following:

(a)

Provision for a fixed period as determined by the director, unless otherwise provided in the description of the permitted use.

(b)

Provision for adequate temporary parking facilities, including vehicular ingress and egress.

(c)

Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent parcels, noise, vibration, smoke, dust, dirt, odors, gases, and heat.

(d)

Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards.

(e)

Provision for sanitary and medical facilities.

(f)

Provision for solid, hazardous and toxic waste collection, recycling and/or disposal.

(g)

Provision for security and safety measures.

(h)

Regulation of signs.

(i)

Regulation of operating hours and days, including limitation of the duration of the temporary use, as outlined in condition (a).

(j)

Submission of a performance bond or other surety measures, satisfactory to the director, to ensure that any temporary facility or structure used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition.

(k)

Submission of a detailed site plan indicating layout, parking, access to the use, etc., incorporating any information required by this chapter.

(l)

A requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of the Municipal Code.

(m)

Any other condition which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in full compliance with the intent and purpose of this chapter.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of this code.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

A temporary use permit may be revoked or modified by the director of community development, if any one of the following findings can be made:

(a)

That circumstances have changed so that one or more of the findings contained in section 9.47.030 can no longer be made.

(b)

That the temporary use permit was obtained by misrepresentation or fraud.

(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.

(Ord. No. 98-193, §§ 1—4, 10-19-98)