San Juan Bautista City Zoning Code
CHAPTER 11
19 TEMPORARY USE OF LAND PERMITS
§ 11-19-010 Intent.
The intent of the temporary use of land permit is to permit uses conducted on an intermittent or short-term basis. A temporary use of land permit, valid for a limited period of time not exceeding six (6) months, may be issued as provided in this Chapter for such temporary uses as temporary offices, construction yards (not located on the property where construction is taking place), parking lots, circuses or carnivals, parking lot sales, special exhibits and displays, and sales of seasonal merchandise (Christmas trees, pumpkins, fire-works, etc.). A temporary use need not be listed as a permitted use in the zoning district in which it is located. In granting a temporary use of land permit, such conditions may be imposed as are deemed necessary to secure the purposes of this Chapter, and tangible guarantees may be required to ensure that the conditions so imposed will be met. The provisions of this Chapter are not exclusive and are not intended to replace or supplant existing provisions of this Code concerning specified temporary permitted uses (e.g., garage sales, vendors, or ped-dlers licenses). In instances in which the provisions of this Chapter conflict with existing Code provisions, the more specific provision(s) shall be enforced.
§ 11-19-020 Exceptions.
Temporary uses of land shall be prohibited in the R districts, except as follows:
(A)
Where the principal permitted use of the property is nonresidential and the procedure set forth in SJBMC 11-19-030 through 11-19-070 is followed;
(B)
Where the use is permitted by other provisions of this Chapter or this Code (examples: home occupations, temporary tract offices, garage sales); and
(C)
Where a contractor’s yard is needed in conjunction with the installation of nearby public improvements, subject to the procedures set forth in SJBMC 11-19-030 through 11-19-070.
§ 11-19-030 Application.
Any person may apply to the City Manager, in writing, for approval of a temporary use of land permit not less than fifteen (15) days before the use is intended to begin.
§ 11-19-040 City Manager determination.
Any temporary use of land must be approved, in writing, by the City Manager or designee before such use commences. Upon receipt of an application for a temporary use of land permit, the City Manager or designee may approve, conditionally approve, or disapprove an application for such use. The City Manager or designee may require a conditional use permit, as provided in Chapter 11-20 SJBMC, for the approval of a temporary use of land where the City Manager or designee finds that the proposed use may be of particular interest or concern to surrounding property owners or to the public at large. A conditional use permit must be required for those uses that would require a conditional use permit under other provisions of this Chapter.
§ 11-19-050 Findings.
The City Manager or designee may approve an application for temporary use of land for a period not to exceed six (6) months only upon making all of the following findings:
(A)
The proposed use will not adversely affect adjacent structures and uses of the surrounding neighborhood;
(B)
The proposed use will not adversely affect the circulation and flow of vehicular and pedestrian traffic in the immediate area;
(C)
The proposed use will not create a demand for additional parking which cannot be met safely and efficiently in existing parking areas;
(D)
The proposed use will not conflict with the terms or intent of any other use permit, of any type, currently in effect on the property; and
(E)
The proposed use will not otherwise constitute a nuisance or be detrimental to the public welfare of the community.
§ 11-19-060 Conditions of approval.
The City Manager or designee may not approve an application for temporary use of land until the applicant and property owners have certified, in writing, that:
(A)
The use will be limited to the dates and time (or period of time), nature and extent prescribed by the City Manager or designee.
(B)
All work, including electrical and plumbing, will conform to all requirements of applicable codes.
(C)
All provisions of fire protection and fire vehicle access will be made as prescribed by the Fire Chief.
(D)
Signing will be limited to that approved by the City Manager or designee.
(E)
The site will be continuously maintained free of weeds, litter, and debris.
(F)
Within three (3) days after removal of the temporary use, the site will be completely cleaned, and all trash, debris, signs, sign supports, and temporary electrical service will be removed.
(G)
All additional limitations imposed by the City Manager or designee as conditions of approval will be met.
§ 11-19-070 Extension of approval.
Not less than five (5) months after initial approval, the City Manager or designee may consider an application for an extension of a temporary use of land for an additional period not exceeding six (6) months. Such application shall be subject to all foregoing provisions of this Chapter.
