Pleasanton City Zoning Code
CHAPTER 18
116 TEMPORARY USES
§ 18.116.010 Temporary conditional uses.
The following temporary uses shall be permitted upon the granting of a use permit in accord with the provisions of section 18.124.170 of this title relating to temporary use permit:
B.
Subdivision sales offices, and model home complexes; such uses shall be located so as to minimize their impact on adjoining occupied dwellings, generally a minimum separation of 200 feet;
C.
Construction yards located not less than 200 feet from any existing dwelling outside the subdivision;
D.
Nonresidential uses conducted in trailers, provided each use shall be a permitted use or a conditional use in the district in which it is located;
E.
Trailer residence of fair, circus or carnival personnel or Christmas tree sales personnel on the site of the principal use, or trailer residence of a watchman on the site of a construction project;
(Prior code § 2-10.22; Ord. 1312 § 1, 1987; Ord. 2155 § 3, 2017)
§ 18.116.015 Temporary conditional uses in R districts-Home boutiques.
A.
"Home boutique" means and is defined as the indoor sale of homemade, nonimported craft and art goods whereby the legal tenant of the residence in which the boutique is operated must be one of the creators of the home-made goods. The operation, including sales and storage area, shall not occupy more than three rooms and the garage area of the residence in which it is conducted, nor be located closer than a half mile to any other home boutique operating on the same day.
B.
A home boutique may be permitted upon grant of a use permit where the findings listed in Section 18.124.070 of this title can be made by the zoning administrator.
C.
A permit for a home boutique shall authorize conduct of the use for a specified period not to exceed three days in any one calendar year.
D.
Notice of the proposed home boutique shall be sent by mail to all property owners shown on the last equalized assessment roll as owning real property within 300 feet of the exterior boundaries of the site of the proposed home boutique at least 10 days prior to the date on which the decision will be made on the use permit application.
E.
If a hearing is requested, a public hearing before the zoning administrator shall be held prior to a decision being made. No public hearing shall be held unless such a request is made.
F.
The use permit may be revocable or granted subject to such conditions as the zoning administrator may prescribe. Conditions may include, but shall not be limited to:
1.
Requiring that no structural alterations be made to the structure in order to accommodate the home boutique;
2.
A maximum of four signs, not less than 400 feet apart, and each sign no more than six square feet in area. These signs shall not be placed, used or maintained in any location upon public property, rights-of-way or within public easements, where such placement endangers the safety of persons or property, or unreasonably interferes with or impedes the flow of traffic or the ingress or egress from any residence or business. These signs may be displayed no longer than the permitted hours of operation of the home boutique they are advertising;
3.
A maximum of eight hours of operation in a single day, with the specific hours as proposed by the boutique operators and as proposed in notices to surrounding property owners;
4.
Requiring all boutique members to have a city business license.
G.
The planning commission may elect to review a decision of the zoning administrator as described in Section 18.144.020 of this title, or a decision of the zoning administrator may be appealed to the planning commission by the applicant or by any other person described in Section 18.144.020 of this title. An appeal shall be heard and acted upon as described in Sections 18.144.030 and 18.144.040 of this title.
(Ord. 1434 § 1, 1989)
§ 18.116.020 Temporary uses in C district.
A.
A temporary use in an existing structure may be permitted in a C district, for not to exceed one year where it appears by specific finding made by the planning commission that:
1.
The temporary use is proposed only pending application for rezoning to accommodate a permitted or conditionally permitted use. The permit may be conditioned upon the filing of such application;
2.
The temporary use, even though not permitted or conditionally permitted, is not so inconsistent with the regulations for the district in which it is located as to constitute a traffic hazard or parking problem, or to create noise, odor, or other conditions offensive to the senses, or to be inconsistent with the adjoining land uses.
B.
The permit may be revocable or granted subject to such conditions as the commission may prescribe. Conditions may include, but shall not be limited to, requiring that no structural alterations be made to the structure in order to accommodate the temporary use; requiring street dedications and improvements; requiring any or all of the conditions specifically allowed in Chapter 18.124 or 18.132 of this title.
C.
The city council may elect to review a decision of the planning commission as described in Section 18.144.010 of this title, or a decision of the commission may be appealed to the city council by the applicant or by any other person as prescribed in Section 18.144.020 of this title. An appeal shall be heard and acted upon as described in Sections 18.144.030 and 18.144.040 of this title.
(Prior code § 2-10.23)
§ 18.116.030 Fairground parking.
Upon the granting of a temporary use permit in accord with the provisions described in this section, a fee parking lot may be operated on any property within the city for the purpose of providing parking for activities occurring at the Alameda County fairgrounds.
A.
Procedure. The community development director, or his or her designated representative, shall prepare a permit procedure for such temporary uses. Fees for the processing of applications shall be established in the resolution establishing fees and charges for various municipal services, as set forth in the master fee schedule (on file in the office of the city clerk).
B.
Conditions. No permit shall be granted unless the operation of the fee parking lot will not be detrimental to the public health, safety and general welfare. Conditions may be attached to permit approval as necessary to protect the public health, safety and general welfare.
C.
Revocation of Permit. Upon operation of a fee parking lot in a manner detrimental to the public health, safety and general welfare or, if granted subject to conditions, upon failure to comply with those conditions, the temporary use permit may be revoked. While the permit is revoked, no additional vehicles shall be parked on the site. The temporary use permit may be reinstated following reapplication with the city.
D.
Violation. No person shall operate a fee parking lot, and no person shall allow property owned or occupied by them to be operated as a fee parking lot without a temporary use permit being in full force and effect; nor shall any fee parking lot be operated in violation of its conditions of approval. Violations of this section shall be deemed infractions. The city, at its election, may revoke the permit, cite the violator for an infraction, or both revoke the permit and cite the violator for an infraction.
E.
Exemption. Fee parking lots operated by the Alameda County fair or any other governmental body shall be exempt from the provisions of this section.
(Prior code § 2-10.24; Ord. 2000 § 1, 2009)
§ 18.116.040 Temporary outdoor uses.
The following temporary outdoor uses shall be permitted subject to the zoning administrator making a determination that a temporary use application for an outdoor event meets the criteria listed in subsections A, B and C of this section for that event; any application not meeting the criteria shall be subject to a temporary conditional use permit in accordance with the provisions of Section 18.124.170 of this title relating to temporary use permits; however, no temporary conditional use permit for an outdoor sale shall be approved if it is longer than three days, no temporary conditional use permit for an outdoor sale during a hotel convention shall be allowed if it is longer than five days, no temporary conditional use permit for an outdoor sale shall be allowed for more than four events per year, except that outdoor sales events benefiting charitable or nonprofit organizations shall not count toward the four event limit and shall not be limited in number.
A.
Private Outdoor Company Events. Company employee events held outdoors on a work site for which the applicant has obtained approval from the fire and police departments and which meet the following criteria shall be permitted in C and I districts, and in PUD districts with an underlying retail/highway/service commercial business and professional offices or business park general plan designation.
1.
Event activities, including event setup and take down, shall be limited to the hours between 7:00 a.m. and 8:00 p.m.
2.
The zoning administrator has approved a decorating plan for any signs or decorations proposed for the event. Decorations and attention getting devices such as flags, pennants, banners, and other temporary signs and devices shall be allowed as deemed appropriate by the zoning administrator.
3.
The event meets the requirements of the police and fire departments as to alcohol use, security, safety, noise, fire hazards, emergency access, vehicular and pedestrian ingress and egress; the event meets all applicable requirements of the building and fire codes; and the applicant has obtained all necessary permits.
4.
The event is not open to the general public.
5.
The property owner has approved the event in writing.
B.
Outdoor Sales. Temporary outdoor displays and/or sales of merchandise or services on a business site for which the applicant has obtained approval from the fire and police departments and which meet the following criteria shall be permitted.
1.
Outdoor display and/or sale of merchandise may be done as part of a business district or shopping center event, as an event to benefit charitable or nonprofit organizations, or on an individual business basis.
2.
Temporary outdoor sales shall not last longer than three days.
3.
No more than four events per year featuring outdoor sales shall be held by any individual business district, individual business, or shopping center, except that outdoor sales events benefiting charitable or nonprofit organizations shall not count toward the four event limit and shall not be limited in number.
4.
Outdoor sales activities, including setup and take down, shall be limited to the hours between 7:00 a.m. and 8:00 p.m. The time frame of events may be extended to the normal closing time of a business if the zoning administrator determines there will not be a detrimental effect upon adjacent properties.
5.
Except for charitable events, temporary outdoor displays and/or sales shall be associated with a business on the site.
6.
The zoning administrator has determined that the merchandise will be attractively displayed in an organized manner and has approved a decorating/sign plan for any signs or decorations proposed for the event. Allowable decorations and attention getting devices are restricted to flags, pennants, banners, and other temporary signs and devices as deemed appropriate by the zoning administrator.
7.
The event meets the requirements of the police and fire departments as to security, safety, noise, fire hazards, and emergency access; the event meets all applicable requirements of the building and fire codes; and the applicant has obtained all necessary permits.
8.
Outdoor sales/displays shall not obstruct vehicular or pedestrian ingress to/egress from any business or to the business district/shopping center, and shall make available sufficient parking for customers as determined by the zoning administrator.
9.
Outdoor sales/displays located on sidewalks shall meet the following physical requirements:
a.
A four foot unobstructed sidewalk clearance for pedestrians shall be maintained at all times from a table, chair, bench, display, planter, or any other appurtenance used as part of a sidewalk sale/display and a two foot clearance shall be maintained from the face of curb to any such appurtenance.
b.
No sale/display shall be located so as to block access to or from a building. A minimum unobstructed clear area shall be maintained which extends two feet to either side of both door jambs and eight feet perpendicularly from the door in a closed position.
10.
The property owner has approved the event in writing.
C.
Outdoor Sales During Hotel Conventions. Temporary outdoor display and/or sale of merchandise or services on a hotel site for which the applicant has obtained approval from the fire and police departments and which meet the following criteria shall be permitted at hotels.
1.
Outdoor display and/or sale of merchandise or services shall be allowed only as part of a hotel convention or conference.
2.
The organization or association that holds the convention must be nonprofit or charitable or, if the organization or association holding the event is for profit, then the convention must entirely benefit (minus operating costs) a charitable organization. Individual vendors at a convention may be for profit businesses.
3.
Outdoor vendor areas are limited to convention attendees only and shall not be open to the general public.
4.
Temporary outdoor sales shall not last longer than five days.
5.
The zoning administrator has determined that the merchandise will be attractively displayed in an organized manner and has approved a decorating/sign plan for any signs or decorations proposed for the event. Allowable temporary signs are limited to: one nonilluminated "welcome" banner sign per convention and one nonilluminated identification sign per vendor during the event. The "welcome" banner may not exceed two feet in height by 10 feet in length, shall be affixed on the hotel building wall or windows, shall be located within 10 feet of the main hotel entrance, and shall be no higher than 12 feet above the ground floor grade. Individual vendor signs may not exceed eight square feet in area and shall be installed within the sales area of the individual vendor. Vendor signs shall be placed no higher than eight feet from grade and shall not be oriented towards or attempt to draw attention from any public street or freeway. The "welcome" and individual vendor signs may only be displayed during the outdoor event.
6.
The event meets the requirements of the police and fire departments as to security, safety, noise, fire hazards, and emergency access; the event meets all applicable requirements of the building and fire codes; and the applicant has obtained all necessary permits.
7.
Outdoor sales/displays shall not obstruct vehicular or pedestrian ingress to/egress from any business and shall make available sufficient parking for convention attendees and hotel guests as determined by the zoning administrator.
8.
The property owner has approved the event in writing.
(Prior code § 2-10.25; Ord. 1511 § 2, 1991; Ord. 1694 § 1, 1996; Ord. 1906 § 2, 2004; Ord. 2065 § 1, 2013)
§ 18.116.050 Christmas tree sales in R-1 and RM districts.
Christmas tree sales lots may be approved in R-1 and RM districts by the zoning administrator, provided that the findings required by Section 18.124.070 of this title shall be made. The procedures and requirements for Christmas tree sales lots in R-1 and RM districts shall be as follows:
A.
Procedure:
1.
Notice of the proposed Christmas tree sales lot shall be sent by mail to all property owners shown on the last equalized assessment roll as owning real property within 300 feet of the exterior boundaries of the site of the proposed sales lot at least 10 days prior to the date on which the decision will be made on the use permit application.
2.
If a hearing is requested, the zoning administrator shall schedule a public hearing to be held prior to a decision being made. No public hearing shall be held unless such a request is made.
B.
Requirements:
1.
The minimum setback between the Christmas tree sales lot and any existing residential use shall be 100 feet.
2.
No permit shall be granted unless the operation of the outdoor sale will not be detrimental to the public health, safety and general welfare. Conditions may include, but shall not be limited to:
(Ord. 1443 § 3, 1989)
§ 18.116.060 Special downtown accessory entertainment uses.
If expanded operation hours are requested for a special downtown accessory entertainment use which would otherwise adhere to the permitted use parameters in Table 18.44.080, the expanded hours may be approved by the zoning administrator provided the findings required by Section 18.124.070 are made by the zoning administrator, and the expanded hours are proposed for a special downtown accessory entertainment use in the downtown hospitality central core area; are proposed for a holiday celebration; are proposed in conjunction with a downtown special event; and/or effective noise attenuation is installed. Expanded operation hours shall be approved for no more than five calendar days a year. No public hearing shall be held unless requested by the zoning administrator.
No notification shall be required, unless a street closure is approved for the use. If a street closure is approved, at least two weeks prior to the event the applicant shall notify property owners and occupants within the downtown specific plan area about the street closure and provide a contact number for the event organizer or designee. The zoning administrator may waive the notification requirement if the applicant demonstrates to the satisfaction of the zoning administrator that such noticing will occur by the city of Pleasanton police department, other city of Pleasanton department, or the Pleasanton downtown association.
(Ord. 2055 § 2, 2012; Ord. 2155 § 3, 2017)