From time to time, a temporary use, an event or activity, is proposed which is of benefit to the community but which may have temporary impacts requiring prior review and approval to ensure compliance with the general plan and the purposes of this Title 17.

(Ord. 99-5 § 2 (Exh. A (part))

The following events may occur in any zoning district, on private property on in the public right-of-way, if a temporary event permit is obtained under the provisions of this chapter.

A.

Animal Show. Exhibition of domestic or large animals.

B.

Arts and Crafts Shows, Indoors and Outdoors. Display and sale of painting, sculpture, crafts and similar objects.

C.

Christmas Tree Sale. Retail sales of Christmas trees between Thanksgiving and December 26th. Also includes seasonal sales, such as the sale of pumpkins at Halloween.

D.

Circus and Carnival. Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities on a site, or in a tent or other temporary structure. This classification excludes an event conducted in a permanent entertainment facility.

E.

Commercial Filming, Limited. Commercial motion picture or video photography at the same location for a single or limited production.

F.

Philanthropic Event. Sale of tickets, fundraising and use of public or private facilitates for nonprofit organization or to benefit charitable cause, including use of residential, commercial or office space.

G.

Religious Assembly. Religious services conducted on a site that is not permanently occupied by a religious assembly use.

H.

Retail Sale, Outdoor. Retail sale of new merchandise on the site of a legally established retail business.

I.

Rummage Sale. The sale of secondhand property including reclaimed or salvaged goods by a charitable, religious or nonprofit organization.

J.

Storage, Outdoor (not related to construction activity for which a land use permit is required). Storage or replacement of equipment, merchandise or products not otherwise permitted outside of a building.

K.

Street Fair. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring use of roofed structures.

L.

Trade Fair. Display and sale of goods or equipment related to a specific trade or industry.

(Ord. 99-5 § 2 (Exh. A (part))

Before a temporary event which is permitted by this Title 17 occurs, a temporary event permit shall be obtained.

(Ord. 99-5 § 2 (Exh. A (part))

The Zoning Administrator may grant, deny or conditionally grant a temporary event permit without notice and public hearing if findings of fact are made in support of each of the following standards:

A.

The proposed temporary event will be located, operated and maintained in a manner consistent with the policies of the general plan, applicable specific plan and the provisions of this Title 17;

B.

The proposed temporary event will not be located, operated or maintained in a short-term rental;

C.

The temporary event will not be detrimental to property or improvements in the area adjacent to the temporary use;

D.

The temporary event will not create a significant adverse impact on the uses or activity patterns of development in the immediate area; and

E.

The temporary event will not otherwise adversely affect the public health, safety and welfare.

(Ord. 99-5 § 2 (Exh. A (part))

(Ord. No. 17-04, § 2(Att. A), 9-5-17)

In granting a temporary event permit, the Zoning Administrator may impose conditions which are necessary to ensure that the above standards are met.

(Ord. 99-5 § 2 (Exh. A (part))

At least ten days prior to approving a temporary event permit, the Zoning Administrator shall mail written notice of the proposed temporary use to each adjacent property owner and tenant.

(Ord. 99-5 § 2 (Exh. A (part))

The Zoning Administrator shall consult with the Parks and Recreation Department, the Public Works Department, the Police Department, the Moraga-Orinda Fire Protection District and the City Manager concerning the proposed temporary event before making a decision on the application.

(Ord. 99-5 § 2 (Exh. A (part))

The duration of the proposed event and the frequency of occurrences within any given time period shall be in the reasonable discretion of the Zoning Administrator.

(Ord. 99-5 § 2 (Exh. A (part))