The purpose of this chapter is to set forth certain temporary uses of private property which are consistent with the various provisions of this title, set forth operational standards and requirements for temporary uses, and provide for the protection of the public health, safety and welfare. Commercial uses in any zone which has a primary designation of residential is discouraged.

(Ord. No. 1332, § 2, 11-27-12; Ord. No. 1470, § 13, 7-9-24)

A.

Temporary Use Permits Authorized. No person may use private property in a manner that is inconsistent with the permanently entitled authorized use of the private property, even if the use is of limited duration, unless a temporary use permit is issued therefore or the First Amendment would prohibit the city from requiring compliance with this chapter. The city may issue a temporary use permit in any zone in the city, to authorize any temporary use of property, including, but not limited to, those uses set forth in subsection C. of this section. A temporary use permit may authorize a temporary use, even if the use itself could not be authorized in the zone on a permanent basis.

B.

Uses Must Be "Temporary." A temporary use permit may be authorized only for uses that will be conducted on a "temporary" basis. For these purposes, "temporary" means:

1.

Non-Commercial Area. For property located outside the central core area, as defined under Section 17.35.050 of this code:

a.

Duration. The use will occur at the property for a period not to exceed twenty-four hours, inclusive of setup and takedown operations; and

b.

Frequency. The use will occur at the property no more than two times per calendar year and there must be at least fourteen days between any two temporary uses or between any temporary use and any film or photography productions permitted pursuant to Chapter 5.36 of this code.

2.

Commercial Area. For property located within the central core area, as defined under Section 17.35.050 of this code:

a.

Duration. The use will occur at the property as often as daily during the period specified in the permit, and will not span more than forty-five days, inclusive of setup and takedown operations; and

b.

Frequency. The use will occur no more than four times per calendar year.

C.

Specific Regulations. The following additional specific regulations apply to the following types of temporary uses, and supersede any inconsistent more general regulations set forth in this chapter:

1.

Carnivals. Carnivals, circuses and similar events may be permitted for a period of up to ten days within any twelve-month period, 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 of California, which certification shall be provided to the building official prior to the commencement of the use of the equipment. The applicant shall also provide a site safety plan (site layout of the carnival) and include a parking plan for its employees and those persons associated with the carnival.

2.

Special Events. If a special events permit was issued pursuant to Chapter 12.34, and the use of the subject property is merely incidental to use of public property authorized pursuant to the special events permit, then the director shall approve the temporary use of the property, and shall impose conditions consistent with the purposes of the conditions imposed by the special events permit. If, however, the use of the private property is not merely incidental to the special events permit, then compliance with the other provisions of this chapter is required as if there were no special events permit issued for the use. The applicant shall provide a site safety plan (site layout of the special event) and include a parking plan for those persons associated with the special event.

3.

Seasonal Retail Sales. Otherwise vacant portions of privately owned property may be used for seasonal-related retail sales. Examples of such uses, without limitation, include pumpkin patches and Christmas tree lots.

4.

Sales Promotions. Applications for the temporary display, exhibit and sale of goods, merchandise and equipment, and temporary display facilities, canopies and ancillary items relating thereto, to be utilized in conjunction with special promotional events, may be approved by the director pursuant to the provisions of this chapter. The length of any one promotional event shall not exceed seven consecutive days. A maximum of three such promotional events may occur at the same location or property within any twelve-month period.

5.

Temporary Signs. Temporary signs shall comply with the requirements of Chapter 17.72, Signs.

D.

Exemptions.

1.

House Parties. Private gatherings of up to forty-nine people, inclusive of all persons on site, not for commercial use.

2.

Publicly Owned Property. Events that are to be conducted on publicly owned property pursuant to Chapter 12.34 of this code.

3.

Filming Permits. Activities associated with an approved city film permit issued pursuant to Chapter 5.36 of this code.

4.

Construction Yards—On-Site. On-site contractors' construction yards in conjunction with an approved construction project on the same site. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project, whichever first occurs.

5.

Emergency Facilities. Emergency public health and safety needs/land use activities.

6.

Institutional Uses. Temporary use permits for properties with a general plan land use designation or zoning designation of "institutional" shall be regulated by the applicable master plan or conditional use permit under Chapter 17.38 of this code. If the master plan or conditional use permit does not regulate temporary use permits, then the property will be regulated under this chapter.

(Ord. No. 1332, § 2, 11-27-12; Ord. No. 1458, §§ 2, 3, 9-27-22; Ord. No. 1466, § 109, 3-28-23; Ord. No. 1470, § 14, 7-9-24 ; Ord. No. 1471, § 5, 9-10-24)

A temporary use permit may not be issued unless an application is submitted to the director that meets the following requirements:

A.

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

B.

Filing Fee. Each application shall be accompanied by a filing fee in an amount as set forth by resolution of the city council, except that no such fee shall be required from any of the following:

1.

An applicant who states in its application that it is exempt from the payment of business license taxes, pursuant to the provisions of Title 5 of this code and requests waiver of the fees on these grounds;

2.

Any use which is for an event conducted for the purpose of engaging in constitutionally protected expression;

3.

Any temporary use that is incidental to the use permitted pursuant to a special events permit issued pursuant to Chapter 12.34, except that if the costs of the temporary use permit fee would be higher than the special events permit fee but for this exemption, then the temporary use permit fee shall be the difference between the two.

C.

Cash Deposits. Cash security deposits may be required by the director to ensure that all city property (e.g., sidewalks, streets, and parks) surrounding the temporary use is well maintained and properly cleared and cleaned at the conclusion of the temporary activity. The deposit may be used to offset costs which may be incurred by the city in the event that city property must be cleared or cleaned by city personnel. Any unused portion of the deposit shall be returned to the applicant.

D.

Permits Required. Each applicant shall apply for, and obtain, any necessary building, electrical and/or mechanical permits for the requested temporary use. Upon request, the applicant shall submit safety certification and/or permits for any equipment to be used as a component of the temporary use.

E.

Other Permits. Each applicant shall comply with all other requirements of the Municipal Code, including the requirements of Chapter 5.04 (Business Licenses Generally), Chapter 5.08 (Business License Fees), Chapter 12.12 (Obstruction of Streets, Sidewalks and Public Places), and Chapter 12.16 (Excavations).

F.

Timing of Application. Except as otherwise provided in subsection E. of this section, each application shall be submitted not less than forty-five days nor more than twelve months prior to the date(s) of the proposed temporary use.

G.

Constitutional Protections. If an application for a permit to conduct an event for the purpose of engaging in constitutionally protected expression is received less than forty-five days before the proposed event date, it shall be accepted for processing, if the director finds that the circumstance that gave rise to the permit application did not reasonably allow the participants to file an application within the time prescribed by this section. The director shall decide whether an application meets such test for late submittal within two business days after receipt of the complete application. If an application for a permit to conduct an event which is not for the purpose of engaging in constitutionally protected expression is received less than forty-five days before the proposed event date, the director may accept it for processing, if, in his/her reasonable discretion, he/she determines that good cause exists for such late submittal.

H.

Event Monitor. A temporary use permit for a commercial use must include, as a condition of approval, a requirement to have an event monitor on-site for the duration of any event taking place outside the central core area, as defined under Section 17.35.050 of this code, and anticipating or realizing fifty or more people in attendance. The cost of the event monitor will be paid by the city and reimbursed by the applicant. The event monitor will serve as the liaison between the applicant, the city, residents, and businesses on the day of the event and will confirm that the applicant is abiding by the terms of the temporary use permit, this code, and state law.

(Ord. No. 1332, § 2, 11-27-12; Ord. No. 1458, § 4, 9-27-22; Ord. No. 1470, § 15, 7-9-24)

A.

Director as Decision Maker. Except as otherwise provided in this chapter, the director is the decision maker on every application for a temporary use permit and shall approve, conditionally approve or deny each application pursuant to the provisions of this chapter.

B.

Constitutionally Protected Expression. The director shall take action on an application to conduct an event which is for the purpose of engaging in constitutionally protected expression within two business days after receipt of the complete application. If an aggrieved party wishes to file an appeal from such a determination, or relating to the conditions of approval, the applicant has the choice of whether the appeal shall be heard by the city manager, or whether the appeal shall proceed directly to the city council.

1.

If the city manager is to hear the appeal, the city manager shall hold a hearing no later than two business days after the filing of the appeal, and will render a decision no later than one business day after hearing the appeal.

2.

If the applicant opted to appeal directly to the city council, or the applicant appeals the city manager's decision issued pursuant to subsection 1. immediately above, the appeal shall be processed in the same manner as an appeal from a decision by the planning commission under Chapter 17.66.

C.

Notice of Right to Appeal. Notice of the issuance of a temporary use permit for a commercial use must be provided to every residential address within a three-hundred-foot radius of the property. If an application is denied, the director shall inform the applicant in writing of the grounds for denial, and the right of the applicant to appeal, pursuant to the provisions of this chapter. All notices must be provided within ten days of the director's decision.

D.

Director Referral to Planning Commission. Except with respect to applications to conduct events which are for the purpose of engaging in constitutionally protected expression, the director may elect to refrain from acting on an application, and may instead refer the application to the planning commission for timely action, subject to all requirements of this chapter.

E.

Late Applications. With respect to an untimely application, if the director decides that an application does not meet the criteria for late acceptance for processing he/she shall so inform the applicant within two business days of receipt of the application, and shall also inform the applicant of the right to appeal such determination, pursuant to the provisions of this chapter.

(Ord. No. 1332, § 2, 11-27-12; Ord. No. 1458, § 5, 9-27-22; Ord. No. 1470, § 16, 7-9-24)

A.

Standard Applications. For applications for uses that do not have the purpose of engaging in constitutionally protected expression, temporary use permits may be approved pursuant to the provisions of this chapter only upon the making of the following findings:

1.

Non-Commercial Use.

a.

That the temporary use permit is compatible with the applicable provisions of this code;

b.

The temporary use is a reasonable use of land given the purposes of the general plan, the land use designation and the zone in which the temporary use would be located;

c.

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

d.

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

e.

The applicant has not violated a condition of a prior temporary use permit within a twenty-four-month period.

2.

Commercial Use.

a.

That the temporary use will not unreasonably overload street parking or public parking facilities nor create a nuisance;

b.

That the temporary use permit is compatible with the applicable provisions of this code;

c.

The temporary use is a reasonable use of land given the purposes of the general plan, the land use designation and the zone in which the temporary use would be located;

d.

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

e.

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

f.

The applicant has not violated a condition of a prior temporary use permit within a twenty-four-month period;

g.

The temporary use will comply with all portions of the code, including Chapter 9.32 (Noise).

B.

First Amendment Applications. For applications for a use that is to engage in constitutionally protected expression, temporary use permits shall be approved pursuant to the provisions of this chapter if the following findings are made:

1.

The temporary use will comply with all portions of the code, including Chapter 9.32 (Noise).

2.

The use will not constitute a public nuisance.

3.

The temporary use will not endanger the public health, safety or welfare.

(Ord. No. 1332, § 2, 11-27-12; Ord. No. 1458, § 6, 9-27-22; Ord. No. 1470, § 17, 7-9-24)

Denial of a temporary use permit shall in no event prevent any person for applying for a special events permit pursuant Chapter 12.34.

(Ord. No. 1332, § 2, 11-27-12)

A.

Any decision of the director on a temporary use permit may be appealed to the planning commission. The planning commission's decision on an appeal shall be final.

B.

If, however, the director referred the matter to the planning commission pursuant to Subsection D of Section 17.88.040 then the decision of the planning commission may be appealed to the city council.

C.

When a decision is being appealed, the legislative body that is to hear the appeal shall consider the appeal no later than its next regularly scheduled meeting which is at least fourteen days after receipt of the appeal.

D.

All appeals shall be made in writing, on a form obtained from the director, and received by the director within ten days of the date of the decision being appealed. The appeal shall be accompanied by payment of a fee, in an amount as set by resolution of the city council.

E.

Notice of the appeal must be mailed to residents within a three hundred foot radius of the property referenced in the temporary use permit.

(Ord. No. 1332, § 2, 11-27-12; Ord. No. 1458, § 7, 9-27-22)