(A)   The Temporary Use Permit is established to allow certain uses to operate for limited, defined periods at locations on private property throughout the city, provided the uses are regulated so as to avoid adverse impacts on the neighborhoods in which they occur.

   (B)   Temporary Use Permit applications may only be considered for properties located within zoning districts where such temporary uses are permitted. The land use regulations contained in Chapters 16.07 through 16.33 (Zones, Land Use Regulations, and Development Standards) of this Title 16 indicate where such conditions apply.

(Ord. 1104, passed 7-19-04)

   An application for a Temporary Use Permit may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The Planning Director may request proof of ownership or authorization to apply prior to the acceptance of any application.

(Ord. 1104, passed 7-19-04)

   (A)   An application for a Temporary Use Permit shall be submitted no less than 14 days prior to the proposed first day of the event.

   (B)   Upon acceptance of a Temporary Use Permit application as complete, the Planning Director or the designee shall review the application for conformance with the provisions of this Title 16. No public hearing shall be required, unless determined appropriate by the Planning Director, in accordance with section (D) below. Based on this review, the Director shall act to approve, conditionally approve, or deny the application.

   (C)   Within ten days of receiving a completed application, the Planning Director or designee shall issue a statement of decisions and findings. The statement shall recite, among other things, the facts and reasons for granting or denying the application.

   (D)   The Planning Director shall have the option to refer the application to the Planning Commission for disposition of the request.

(Ord. 1104, passed 7-19-04)

   (A)   In granting a Temporary Use Permit, the Planning Director may impose conditions on a use to include, but not be limited to:

      (1)   Number of days the event can occur;

      (2)   Hours of operation;

      (3)   Location or placement of temporary walls or fences;

      (4)   Type, size and number of signs;

      (5)   Lighting;

      (6)   Noise, including live entertainment, music or use of amplifying equipment;

      (7)   Traffic circulation, ingress, and egress; or

      (8)   Other conditions deemed necessary to protect the public health, safety, and general welfare.

   (B)   Specific uses and activities listed in § 16.228.060 below shall be subject to the conditions specified for that use or activity.

(Ord. 1104, passed 7-19-04)

   Prior to the issuance of a Temporary Use Permit, the city may require a cash bond to be deposited with the city for the purpose of defraying the costs of enforcement and property damage repair or cleanup by the city, in the event the permittee fails to do so. The amount of cash bond shall be established by the Planning Director or Planning Commission in the permit conditions of approval.

(Ord. 1104, passed 7-19-04)

   (A)   General. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use and shall thereafter be used only in accordance with the requirements of the zone district in which the site is located.

   (B)   Temporary structures and enclosures. Temporary structures and enclosures, including camping tents and framed vehicle covers, are prohibited except as part of a festival, party or event for duration not to exceed ten consecutive days.

   (C)   Art and craft shows and exhibits. A Temporary Use Permit for outdoor art and craft shows and exhibits, or any similar use is subject to the following condition:

      (1)   Outdoor art and craft shows and exhibits shall be limited to 15 days of operation or exhibition at any one location within any 90-day period.

      (2)   The applicant shall agree to register the City of Santa Paula as the point-of-sale for every sales transaction at the event, and all sales taxes collected for such sales shall be registered as having been collected in the city.

      (3)   A written report of all sales proceeds and the taxes collected thereon shall be furnished to the Finance Department within one week after the sales event.

   (D)   Construction office, real estate office or caretaker mobile home. A Temporary Use Permit for a construction office, real estate office, temporary caretaker mobile home, or any similar use is subject to the following condition:

      (1)   Such office or residence shall only be permitted on the site of an active construction project.

      (2)   Only one construction office, one real estate office or one temporary caretaker residence shall be permitted on a site.

      (3)   A building permit is required to install such structures.

      (4)   Such office or residence shall be removed upon issuance of an occupancy permit for the primary permitted use.

   (E)   Carnivals, circuses, fairs, and similar uses. A Temporary Use Permit for a carnival, circus, fair, or any similar use is subject to the following conditions:

      (1)   Adequate vehicular and pedestrian access shall be provided.

      (2)   Adequate off-street parking shall be provided.

      (3)   All noise, dust, and other objectionable elements shall be abated.

      (4)   Animals that cause excessive noise, odor, or disturbing elements shall not be permitted on the premises.

      (5)   The site shall be cleaned and restored within one week of termination of the use.

      (6)   The applicant shall agree to register the City of Santa Paula as the point-of-sale for every sales transaction at the event, and all sales taxes collected for such sales shall be registered as having been collected in the city.

      (7)   A written report of all sales proceeds and the taxes collected thereon shall be furnished to the Finance Department within one week after the sales event.

   (F)   Christmas tree, pumpkin, flower and similar seasonal outdoor sales. A Temporary Use Permit for a seasonal outdoor sale is subject to the following conditions:

      (1)   A temporary seasonal sales facility shall not be open for business more than a total of 40 days during any one calendar year.

      (2)   A permitted temporary seasonal sales facility shall not engage in the sale of any merchandise not directly associated with the specific holiday for which the sale is being held.

      (3)   After the holiday, the facility shall be removed and the premises cleared of all debris and restored to at least as good a condition as existed prior to the establishment of the facility.

      (4)   A permitted temporary seasonal sales facility shall not be located within the public right of way, within the required handicapped access way, or on required parking for a property.

      (5)   The applicant shall agree to register the City of Santa Paula as the point-of-sale for every sales transaction at the event, and all sales taxes collected for such sales shall be registered as having been collected in the city.

      (6)   A written report of all sales proceeds and the taxes collected thereon shall be furnished to the Finance Department within one week after the sales event.

      (7)   The Planning Director may impose any other conditions deemed necessary to protect general health, welfare, and peace of the surrounding area.

   (G)   Parking lot and other outdoor sales.

      (1)   Parking lot and sidewalk sales, not to include automotive sales events as outlined under (H) below, shall be limited to one sale per calendar quarter and not more than four sales events per year are permitted outright on commercially zoned property, subject to the following conditions.

         (a)   Sponsored by an established, fixed business on the same property.

         (b)   The merchandise is normally sold by the business.

         (c)   Such events shall be limited to three consecutive days of operation for a regular weekend, or four consecutive days for any weekend that includes a national holiday.

         (d)   A Temporary Use Permit shall be required for more than four such events in a calendar year on a single property.

      (2)   A Temporary Use Permit for outdoor rummage sales, outdoor auctions and other outdoor sales, not to include parking lot and sidewalk sales as discussed above, is subject to the following conditions:

         (a)   Sponsored and operated by a local nonprofit organization or a business on the same property.

         (b)   Such events shall be limited to one sales event every six months.

         (c)   Such events shall be limited to three consecutive days of operation for a regular weekend, or four consecutive days for any weekend that includes a national holiday.

         (d)   The applicant shall agree to register the City of Santa Paula as the point-of-sale for every sales transaction at the event, and all sales taxes collected for such sales shall be registered as having been collected in the city.

         (e)   A written report of all sales proceeds and the taxes collected thereon shall be furnished to the Finance Department within one week after the sales event.

         (f)   The Planning Director may impose any other conditions deemed necessary to protect general health, welfare, and peace of the surrounding area.

   (H)   Automotive sales events. A Temporary Use Permit for an automotive sales event, to include a "tent" event for the sale of automobiles, trucks, motorcycles, trailers, recreational vehicles or boats, is subject to the following conditions:

      (1)   Automotive sales events shall be permitted only on sites that meet all of the following criteria:

         (a)   Commercially zoned property; and

         (b)   Site exceeds one acre in size; and

         (c)   Site has excess parking spaces available above the number of parking spaces required for the existing uses on the property, in accordance with Chapter 16.46 of this Title 16. The event shall not be located on any of the required parking spaces for the existing uses on the property, unless such use is not operating at the same time as the event.

      (2)   Automotive sales events shall be limited to no more than ten events in a calendar year on a single property, with a maximum of two such events on a single property within the same 30 day period.

      (3)   Such events shall be limited to three consecutive days of operation for a regular weekend, or four consecutive days for any weekend that includes a national holiday.

      (4)   A Conditional Use Permit shall be required for more than ten automotive sales events in a calendar year on a single property.

      (5)   The site layout for the event shall comply with current building and fire codes for the State of California and the City of Santa Paula, and shall be reviewed by the Building & Safety Department and Fire Department accordingly.

      (6)   The applicant shall agree to register the City of Santa Paula as the point-of-sale for every sales transaction at the event, and all sales taxes collected for such sales shall be registered as having been collected in the city.

      (7)   A written report of all sales proceeds and the taxes collected thereon shall be furnished to the Finance Department within one week after the sales event.

(Ord. 1104, passed 7-19-04)

   (A)   Signage for temporary uses is permitted, provided such signage complies with regulations set forth in Chapter 16.48 (Signs) of this Title 16.

   (B)   All signage for a temporary use shall be removed within two days of the termination of the use.

(Ord. 1104, passed 7-19-04)