San Dimas, CA Zoning Ordinance

The purpose of this chapter is to set forth certain temporary uses which are consistent with the various provisions of this title, set forth operational standards and requirements for temporary uses, and provide for the public health, safety or general welfare.

(Ord. 961 § 1, 1991)

No temporary use permitted in this chapter shall be commenced or engaged in until a written permit therefor has been obtained from the director of community development pursuant to the following standards:

Applications for temporary use permits shall be made on forms provided by the department of community development. Temporary use permit applications shall include appropriate submittal materials as deemed necessary by the director of community development.

Cash security deposits as determined by city council resolution shall be submitted in conjunction with a temporary use permit application and as follows:

A security deposit to insure that the temporary use is well maintained and properly cleared at the conclusion of the temporary activity as determined by the director of community development. Said deposit may be used to offset costs which may be incurred by the city in the event that the temporary use site must be cleared by city personnel. Any unused portion of the security deposit may be returned to the applicant.

A recycling fee deposit to be used to offset the cost of mulching surplus and/or overstocked trees.

Security deposits shall be required for the following temporary uses:

Christmas tree and pumpkin sales at locations not leased, owned or otherwise occupied by the applicant beyond the Christmas tree and/or pumpkin seasonal sale period. This requirement excludes operating Christmas tree farms. Recycling fee deposits may be imposed as a condition of Christmas tree sales operations;

Other temporary uses and/or events as deemed appropriate by the director of community development which may exhibit operational characteristics, size and/or scope or other event features, which may require said deposits to ensure adequate and proper cleanup and site clearance following the event.

Temporary use permits may be approved by the director of community development pursuant to the following findings:

That the temporary use permit is compatible with the various provisions of this title;

That the temporary use activity is a reasonable use of land consistent with the general plan land use designation and zoning classification;

That the temporary use activity will not impede the reasonable use of land, or the orderly development of land, in the immediate vicinity;

That the temporary use activity will not endanger the public health, safety or general welfare;

That the applicant has paid all applicable fees and deposits required on any previous and similar temporary use permit obtained. The payment of any past fees and deposits due may be imposed as a condition of approval of a temporary use permit in addition to any current applicable fees and/or deposits.

(Ord. 961 § 1, 1991)

The following temporary uses may be permitted pursuant to the provisions of this title:

Temporary banners pursuant to the provisions of Chapter 18.152 of this title;

Outdoor display and sale of merchandise and temporary signs, display facilities, canopies and related items relating thereto during special promotional events pursuant to the provisions of this title and the following standards:

The period of the temporary sale shall not exceed a period of three consecutive days. A maximum of four, three consecutive-day, temporary sales may occur at the same location, and/or same property, within any calendar year,

The applicant of such a temporary sale shall provide, in addition to a temporary use permit application and necessary submittal materials, authorization of the property owner for such event, authorization of the property owners association and/or property maintenance company for such event, and proof of adequate liability insurance,

The applicant shall apply, and be issued, any necessary building, electrical and/or mechanical permits for the requested temporary sale/use. When requested, the applicant shall submit safety certification and/or permits of any equipment to be used as a component of the temporary use/sale;

Temporary carnivals, circuses, and similar events may be permitted for a period of ten days within any calendar year, and no such activity shall be conducted for longer than five consecutive days at one time. Certification of the safety of rides shall be made by a professional engineer, registered in the state, with such certification being given to the building and safety division prior to the commencement of the use of the equipment. All necessary building, electrical, and/or mechanical permits shall be obtained prior to the commencement of the equipment use;

Promotional and/or civic events of a cultural, educational, and recreational nature may be permitted without time restrictions, except as fixed in the conditions of approval and as follows:

Such events may be evaluated on a regular basis as determined at the time of the issuance of said temporary use permit,

These events may include, but not be limited to, regularly scheduled farmer's markets, community expositions, parades, civic celebrations, and similar activities,

Such events may include the use of the public right-of-way and/or city property, with written authorization of the director of community development;

The indoor and/or outdoor sale of Christmas trees and accessories, and pumpkin sales as follows:

Said temporary uses may be permitted in the C-H, C-N, C-G, A-P and A-L zones and commercial specific plans,

Temporary Christmas trees and/or pumpkin sales may occur only with the issuance of an application for such use, business license fee, cash deposit subject to the provisions of this title, proof of property owner authorization, issuance of building permits if applicable, proof of liability insurance, and other provisions deemed appropriate by the director of community development,

The period for temporary sales for either Christmas trees or pumpkins may not exceed forty days in any calendar year per separate application. The temporary sales site shall be cleaned to the satisfaction of the director of community development;

Garage and yard sales in residential zones not to exceed three such sales in any calendar year. Such sales may not exceed three consecutive days;

Rummage sales at churches and other similar institutions without restrictions as to duration unless imposed as a condition of approval;

Bingo games at churches and other similar institutions pursuant to the provisions of this title;

Temporary uses of public utility rights-of-way for which the findings contained in this chapter can be made, even though the use may be inconsistent with some provisions of this title:

Such uses may be ongoing regular uses where said use is evaluated on a regular basis as determined at the time of the issuance of the temporary use permit,

Where inconsistencies do exist, such a use shall require city council approval and may only be approved where due to the size, shape, topography and access to the property, the number of uses which may be economically located on the property is limited and where conditions are established as to the time, operation and nature of the use which will protect adjacent properties.

(Ord. 961 § 1, 1991)

The decision of the director of community development may be appealed to the city council in accordance with the provisions of Chapter 18.212 of this title.