The exploration and drilling for the production of oil, gas or other mineral in any land use district is permitted only upon issuance of a land use permit.

(Prior code § 8-2704)

A.

Prohibition. It is unlawful for a person to maintain or use for human habitation or a living quarters including sleeping, a mobilehome, trailer coach, camp car, boat or vehicle on public or private property in the town.

B.

Vehicle Defined. As used in this section, "vehicle" is a device by which a person or property may be propelled, moved or drawn; it does not include a device moved exclusively by human power.

C.

Exceptions.

1.

The planning commission may approve a conditional use permit for living quarters for a caretaker or agricultural employee on land devoted to agricultural purpose.

2.

The zoning administrator may approve a conditional use permit after the design review board approves the site plan for:

a.

Temporary living quarters for the period of construction for a caretaker or watchman for a project development for which a building permit has been issued;

b.

A temporary office in conjunction with an approved temporary land use.

c.

The planning commission may approve a conditional use permit for a temporary office established for use by a governmental agency.

(Prior code § 8-2705)

A.

No person may store a recreational-type vehicle at a residence unless that vehicle is adequately screened from view.

B.

In this section:

1.

"Store" or "storage" means parking for ninety-six (96) consecutive hours or more, or parking for two or more consecutive periods totaling at least ninety-six (96) hours when the interval between periods is less than seventy-two (72) hours. (This section does not restrict the parking of recreational-type vehicles on residential property for less than ninety-six (96) hours.);

2.

"Adequately screened from view" means substantially screened from a street or other property by a closed garage, fence or landscaping so that the vehicle is not visible or is barely visible. For vehicles over six feet high, at least seventy (70) percent of the height shall be screened;

3.

"Recreational-type vehicle" includes a boat, bus, camper, camp trailer, carryall, coach, mobilehome, travel trailer, trailer, utility trailer, or vehicle equipped and designed or used as a dwelling unit, or a similar type vehicle;

4.

Definitions set forth in the California Vehicle Code apply.

(Prior code § 8-2706)

The land use restrictions in this title are not intended to prevent a person who owns or occupies a residential structure from providing a room or a room and meals to one or more unrelated persons so long as the following conditions exist:

A.

The total number of unrelated persons occupying the residence, when added to those occupying it who are related, does not exceed the number of occupants for which the residence was designed;

B.

The number of vehicles maintained at the residence is comparable to the number maintained at other residences in the neighborhood and does not create traffic or parking (on street and off street) which is greater than that associated with the strictly residential use of the premises;

C.

There is no alteration of the structure which permits it to function as a second living unit with separate kitchen facilities.

(Prior code § 8-2708)

A.

Purpose. This section establishes procedures, standards, and requirements for the approval of temporary activities, events, and uses which are 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, and similar temporary activities, events, and uses.

B.

Applicability. This section shall apply to temporary activities, events, and uses which are established, operated, and conducted as required by this section. Engaging in a temporary use that is permit exempt or obtaining a temporary use permit for a particular use shall not affect any future determination as to whether a temporary use or conditional use permit should be issued for the same use.

C.

Permit Requirements. Unless otherwise specified in this section, temporary events, activities, and uses shall require the following approvals.

1.

Administrative Temporary Use Permits. Temporary uses may be approved by the zoning administrator through issuance of an "administrative temporary use permit" for temporary uses occurring within a parking lot or other open privately or publicly owned land in any land use district to be occupied with a temporary use as set forth in this section. The zoning administrator may grant approval at a staff level unless it is determined that the matter of issuance of a permit should first be reviewed by the planning commission pursuant to Sections 8.148.050.G and 8.148.050.H.

2.

Conditional Temporary Use Permits. Conditional temporary uses are allowed subject to approval of a "temporary use permit" by the planning commission in accordance with Sections 8.148.050.G and 8.148.050.H.

D.

Exempt Temporary Uses. No permit is required prior to engaging in an exempt temporary use. Exempt temporary uses conducted in accordance with the limitations and conditions described below shall include:

1.

Emergency Facilities. Emergency public health and safety facilities and activities.

2.

Garage Sales. No property may conduct more than three garage sales per year, and no garage sale may exceed two consecutive days.

3.

Public Property Activities. Temporary activities which are authorized by the town and conducted on town-owned properties. Such activities may be subject to permits from the town's parks and recreation department or public works department.

4.

Short-Term Promotional Program. A promotional program operated for ten consecutive calendar days or less, and conducted by the owner or operator of a shopping center or a merchant's association within a shopping center, so long as written notice of the promotional program is provided to the zoning administrator at least ten working days in advance.

5.

Up to two portable moving and storage units placed entirely on a residential property for no more than thirty (30) consecutive days, no more than two times per calendar year.

6.

Temporary uses consistent with the Saint Mary's Campus Master Plan or conducted on public school property.

E.

Administratively Approved Temporary Uses. Administrative temporary uses (when conducted in a manner to enable the zoning administrator to make the findings in Section 8.148.050.G and Section 8.148.050.H and the limitations and conditions described below) shall include:

1.

Construction Yards—On-Site. On-site construction yards, for an approved construction project. The construction yard shall be removed immediately upon completion of the construction activities, or expiration of the building permit or other permit authorizing the construction project, whichever occurs first. An application for an on-site construction yard shall include the following.

a.

A plan showing the location, security fencing, lighting, and landscaping shall be submitted for review and approval by the zoning administrator prior to issuance of a grading permit or building permit, as applicable. The plan may include shipping containers for storage of construction equipment which shall, as much as is feasible, be located out of view or screened from view of public streets. Performance standards (e.g., related to screening) may be applied for such facilities.

2.

Promotional Events. Special events that meet the following criteria, as applicable, when the zoning administrator determines that the event or activity will not impact an adjacent residential area:

a.

Is located on property in an office, commercial, mixed-use office or mixed-use commercial zoned district;

b.

Occurs between the hours of 8:00 a.m. and 9:00 p.m.;

c.

Limited to one hundred (100) persons at one time;

d.

Does not have amplifying equipment within three hundred (300) feet of a residential area; and

e.

Limited to five consecutive days in the same location not more than once every six months.

3.

Real Estate Sales Offices. Temporary real estate sales offices for the initial sale of property in new residential developments, subject to the following standards:

a.

Is located within a new residence that is part of the development or within a temporary building that is no larger than three thousand (3,000) square feet; and

b.

Adequate visitor parking and safe circulation are provided that will not interfere with ongoing construction activities.

4.

Model Homes. A model home or model home complex for an approved residential subdivision which has active construction permits, subject to the following standards:

a.

Adequate visitor parking and safe circulation are provided that will not interfere with ongoing construction activities; and

b.

The models shall be converted to units for sale upon the completion of sales of all similar models or prior to acceptance of the subdivision improvements by the town.

5.

Temporary Work Trailers. A trailer or modular building used as a construction office, or a temporary work site for employees of a business, subject to the following standards:

a.

There is an approved building permit for the permanent facility;

b.

The trailer or modular building is only allowed during the construction of a subdivision, or permanent nonresidential structure or facility;

c.

The trailer or modular building shall be approved until expiration of the building permit or other construction permit, whichever occurs first, unless an extension is granted; and

d.

The trailer or modular building is removed prior to final building inspection or issuance of a certificate of occupancy for the permanent structure.

6.

Residential Moving and Storage Units. More than two units or placement of the units for more than thirty (30) consecutive days or more than two times per calendar year.

7.

Seasonal Holiday Sales. The use of a specific site for seasonal holiday sales shall be subject to the following standards.

a.

Sales of pumpkins may be conducted between October 1 ^st and Thanksgiving Day, and sales of Christmas trees may be conducted between Thanksgiving Day and December 25 ^th , seven days a week. Sale of seasonal goods other than Christmas trees or pumpkins shall be limited to seven calendar days total within a twelve-month period. A seasonal sale shall only operate between the hours of 8:00 a.m. and 9:00 p.m.;

b.

Seasonal sales lots shall be located in an office, commercial, mixed-use office or mixed-use commercial zoned district.

8.

Location Filming. The use of a specific site for the filming of commercials, movies, videos, etc. subject to the following standards.

a.

A written and/or visual plan providing the location, duration, and description of the location filming;

b.

Permits may be required by the department of public works, parks and recreation department, police department and/or fire district; and

c.

Limited to four thirty-day limits within a twelve-month period.

9.

Outdoor Sales and Displays. Temporary promotional sales and outdoor displays, associated with a permanent on-site use, may occur in commercial zoning districts, subject to the following standards:

a.

Merchandise displays are located in close proximity to the primary structure where the items are sold indoors;

b.

Merchandise display is associated with the primary business;

c.

Merchandise is displayed in a planned, orderly, and attractive manner as an extension of the window display and shall not constitute an expansion of the retail floor area (such as clothing racks);

d.

Merchandise displays do not interfere with adjacent business displays, storefronts, access, or visibility;

e.

Merchandise displays occupy a fixed, specifically approved, and defined location that does not disrupt pedestrian traffic, obstruct access to parking areas or driveways, or encroach onto landscape areas;

f.

Display fixtures are of good quality and durable materials and construction;

g.

Merchandise displays do not exceed a height of eight feet above the sidewalk;

h.

Displays are removed during nonbusiness hours, unless otherwise approved; and

i.

Limited to ten consecutive days, four times within a twelve-month period.

10.

Temporary Classrooms. A temporary classroom, including a manufactured or mobile unit, may be approved for a maximum of one year at an existing private school. An extension of one year may be granted by the zoning administrator. A temporary structure proposed for a longer time period shall comply with all provisions of the development code applicable to a permanent structure on the same site.

11.

Miscellaneous temporary uses or facilities. A temporary use or facility meeting the following criteria, as applicable, when the zoning administrator determines that the event or activity will not impact an adjacent residential area:

a.

Is not a merchandise display, sales or promotional activity, and may include recreational, food sales or similar activities;

b.

Is located in an office, commercial or mixed-use office or commercial zoned district;

c.

Occurs between 8:00 a.m. and 9:00 p.m.;

d.

Is not attended by more than one hundred (100) persons at one time;

e.

Does not have amplifying equipment within three hundred (300) feet of a residential area;

f.

Does not exceed an area of more than five thousand (5,000) square feet and may include temporary buildings or structures; and

g.

Does not occur for more than sixty (60) days in the same location within a twelve-month period. After operation begins an additional thirty (30) days may be granted if the zoning administrator determines that the temporary use or facility is operating in compliance with conditions of approval and is not a detriment to the surrounding area.

12.

Similar Temporary Uses. A temporary use that the zoning administrator determines is similar to the other activities listed in this section and that are compatible with the applicable zoning district and surrounding land uses.

F.

Conditional Temporary Uses. A temporary use permit shall be required for temporary activities, events, and uses that do not meet the standards for issuance of an administrative temporary use permit, or when determined by the zoning administrator that the matter of issuance of a permit should first be reviewed by the planning commission. Approval shall be granted only when all of the findings of Section 8.148.050.G can be made by the planning commission.

G.

Findings. A temporary use shall be approved only when the findings listed below can be made. If the reviewing authority cannot make the findings, the temporary use shall be denied, in which case the applicant shall be provided a written determination within ten calendar days of the decision.

1.

The establishment, maintenance, or operation of the activity, event, or use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the proposed use;

2.

The activity, event, or use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city;

3.

Approved measures for the removal of the temporary use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses that might otherwise be allowed;

4.

The approval includes provisions to ensure that 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 activity, event, or use and shall thereafter be used in compliance with the provisions of the development code. The review authority may require an appropriate security deposit prior to the initiation of the activity, event, or use to ensure proper cleanup after the use is terminated; and

5.

Additional conditions may be required, as appropriate, to minimize any adverse impacts of the temporary use.

H.

Standard Conditions. Each application for a temporary use permit shall include a site plan, project description, detailed business plan and details for any temporary structures. The following standard requirements/conditions shall apply to temporary uses.

1.

Adequate parking facilities and vehicular and pedestrian circulation shall be provided;

2.

Appropriate setbacks based on the underlying zoning district shall be provided to ensure adequate separation from adjoining land uses and a safe environment for vehicles and pedestrians;

3.

A plan demonstrating the manner in which nuisance factors to adjoining parcels, such as glare or direct illumination, dirt, dust, noise, odors, smoke, waste, and vibration shall be prevented;

4.

Outdoor light fixtures shall be shielded and mounted so that the source of light has minimal impact off-site, is directed toward the property and does not spill onto adjacent properties; and

5.

Any proposed signage shall comply with Chapter 8.88—Signs.

6.

All elements related to the temporary use, including but not limited to signs and temporary structures, shall be removed within ten days after the use has discontinued, and the appearance of the site shall be returned to its original state.

I.

Prohibited Temporary Activities, Uses, and Structures. The following activities, uses and structures shall not qualify as temporary uses:

1.

Privately Owned Vehicle Sales. The parking of privately owned automobiles in office, commercial, mixed-use office, mixed-use commercial areas or public parking lots for the express purpose of offering the vehicle for sale is prohibited.

2.

Shipping Containers. Except as allowed in Section 8.148.050.E.1, shipping containers, excluding residential portable on demand storage units, shall be prohibited for temporary uses.

3.

Circuses, carnivals, and similar events.

(Ord. No. 293, § 3(Exh. A), 11-10-2020)

Editor's note— Ord. No. 293, § 3(Exh. A), adopted November 10, 2020, repealed the former § 8.148.050, and enacted a new § 8.148.050 as set out herein. The former § 8.148.050 pertained to short term promotional programs and derived from Prior code § 8-2709.