§ 17.61.040. Temporary Use Permits

A.

Purpose. This Section establishes procedures for the granting of Temporary Use Permits that:

1.

Allow for short-term activities requiring individual consideration but not intensive review; and

2.

May not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary, short-term nature.

B.

Applicability. Temporary land use activities shall not be conducted, established, or operated in any manner without the approval and maintenance of a valid permit, if required in compliance with this Section. The following categories of temporary uses identify the level of permit required, if any, based on the proposed duration, size, and type of use:

1.

Exemptions. Exempt temporary uses are identified in Subsection C. (Exempt temporary uses), below;

2.

Allowed by right. Temporary uses identified by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as allowed by right, subject to compliance with applicable standards (e.g., tents); or

3.

Temporary Use Permit required. Temporary Use Permits are required for all activities identified in Subsection D. (Allowed temporary uses), below.

C.

Exempt temporary uses. The following minor and limited duration temporary uses are exempt from the requirement for a Temporary Use Permit. Uses that do not fall within the categories defined below shall comply with Subsection D. (Allowed temporary uses), below.

1.

City Hall. Any temporary activities conducted at City Hall.

2.

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.

3.

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

4.

Filming Permit. Activities associated with an approved Filming Permit.

5.

Rose Bowl site, City parks, and streets. An activity in which the City has granted a Special Event Permit or which has authorization for an activity from the Director of Public Works.

6.

Car washes. Car washes conducted by a qualifying sponsoring organization on nonresidential properties. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Internal Revenue Code. Temporary Car washes shall not occur on a site more than four times per calendar year and may not operate for a continuous period of more than 72 hours

D.

Allowed temporary uses. The following temporary uses may be allowed, subject to the issuance of a Temporary Use Permit by the Zoning Administrator. Uses that do not fall within the categories defined below shall comply with the use and development regulations and land use permit review provisions that otherwise apply to the property.

1.

Construction yards - Off-site. Off-site contractors' construction yards, in conjunction with an approved construction project for a maximum period of 12 months. The permit shall expire and 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. (See also Subsection D.7., below, regarding temporary work trailers.)

2.

Events. The following events are allowed in non-residential districts.

a.

Amusement rides, animal shows, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second-hand sales, and swap meets for 12 consecutive days or less, or six two-day weekends, within a 12-month period.

b.

Farmers' markets conducted on a weekly basis for a maximum period of 12 months.

c.

Outdoor meetings or religious assembly, for 12 consecutive days or less, within a 90-day/12-month period.

d.

Outdoor meetings, group activities, or sales within parking areas, for seven consecutive days or less, within a 90-day period.

3.

Outdoor displays/sales. The temporary outdoor display/sales of merchandise (e.g., parking lot or sidewalk sales), in compliance with Section 17.50.180 (Outdoor Display, Storage, and Seasonal Sales) shall be allowed only in compliance with the following:

a.

These activities shall be:

(1)

Allowed only on weekends or on legal holidays and in nonresidential districts; and

(2)

Limited to two events in a 12-month period. (Sales on consecutive days are considered one event.)

b.

Before conducting the event, all businesses sharing the parking lot shall consent to the event in writing with copies presented to the Zoning Administrator.

c.

Only businesses immediately adjacent to a particular parking lot may utilize that lot for the sale.

d.

The hours of the event shall be the same as those normally followed by the participating businesses.

e.

A maximum of 25 percent of the existing parking spaces in a particular parking lot may be utilized for the sale.

f.

The merchandise displayed shall:

(1)

Be regularly sold on the same site;

(2)

Be removed from the parking lot at the close of each business day; and

(3)

Not impede the flow of pedestrian and vehicular traffic through the parking lot.

g.

All parking lot entrances and exits shall be kept clear.

h.

Any activity proposed within a public right-of-way shall require an Encroachment Permit from the Public Works Department.

i.

For outdoor display/sale activities related to the Rose Bowl and Rose Parade, the Zoning Administrator may modify the standards identified in this Subparagraph, above.

4.

Temporary model homes. Temporary model homes and related facilities may be established within the area of an approved residential subdivision project, solely for the first sale of homes. The application may be approved for a maximum time period of 18 months.

5.

Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project solely for the first sale of homes. The application for a temporary real estate office may be approved for a maximum time period of 18 months.

6.

Temporary structures. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 12 months, as an accessory use or as the first phase of a development project, in the commercial and industrial zoning districts.

7.

Temporary work trailers.  

a.

A trailer or mobile home may be used as a temporary work site for employees of a business:

(1)

During construction of a subdivision or other development project when a valid Building Permit is in force; or

(2)

Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.

b.

A permit for temporary work trailers may be granted for up to 12 months.

8.

Similar temporary uses. Similar temporary uses which, in the opinion of the Zoning Administrator, are compatible with the zoning district and surrounding land uses, and are necessary because of unusual or unique circumstances beyond the control of the applicant.

E.

Application filing, processing procedures, and action. An application for a Temporary Use Permit shall be filed with the Department and processed in the following manner.

1.

Application requirements. An application for a Temporary Use Permit shall be filed in compliance with Chapter 17.60 (Application Filling and Processing). The application shall be accompanied by the information identified in the Department handout for Temporary Use Permit applications. The applicant shall be responsible for providing the evidence in support of the findings required by Subsection G. (Findings and decision), below.

2.

Time for filing. An application for a Temporary Use Permit shall be submitted for approval, in compliance with this Section, at least 10 days before the date that the proposed use is scheduled to take place.

3.

Applicable review authority. The Zoning Administrator shall be the applicable review authority for Temporary Use Permits.

4.

Public hearing requirements. Notice of a public hearing shall not be required for the Zoning Administrator's decision on a Temporary Use Permit.

5.

Action. The Zoning Administrator shall make a decision on the application within three days of deeming the application complete, in compliance with Section 17.60.060 (Initial Application Review).

6.

Effective dates. A Temporary Use Permit shall be effective one day after its approval.

F.

Standards. Standards for floor areas, heights, landscaping, parking, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject site shall be used as a guide for determining the appropriate development standards for temporary uses.

1.

Adjustment of standards. The Zoning Administrator may authorize an adjustment from the specific standards deemed appropriate or necessary consistent with the temporary nature of the use.

2.

Removal of materials and structures associated with the temporary use. All materials and structures associated with the temporary use shall be removed from the site within 10 days from the actual termination of operations, or after the expiration of the Temporary Use Permit, whichever first occurs.

3.

Other permits required. Temporary uses may be subject to additional licenses, inspections, or permits required by applicable local, State, or Federal requirements.

4.

Duration of permit.  

a.

A Temporary Use Permit shall be effective until the date specified by the Zoning Administrator, and not exceed 45 days, unless otherwise specified in this Section.

b.

A Temporary Use Permit for a farmers' market shall be effective until the date specified by the Zoning Administrator, and not exceed 12 months.

c.

The permit shall become void if not used within the approved time period.

G.

Findings and decision. The Zoning Administrator may approve, conditionally approve, or disapprove an application for a Temporary Use Permit. The Zoning Administrator may defer action and refer the application to the Commission for review and decision at a scheduled public hearing. The Zoning Administrator may approve a Temporary Use Permit only after first finding that:

1.

The proposed temporary use would be located, operated, and maintained in a manner in conformance with the goals, policies, and objectives of the General Plan and the provisions of this Zoning Code.

2.

The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;

3.

The use, as described and conditionally approved, would not be detrimental or injurious to property or improvements in the surrounding area or to the public health, safety, or general welfare of the City; and

4.

Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Code.

H.

Conditions of approval. In approving a Temporary Use Permit, the Zoning Administrator may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection G. (Findings and decision), above, and to preserve the public health, safety, and general welfare.

I.

Condition of site following temporary use. Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the provisions of this Zoning Code. The Zoning Administrator may require appropriate security before initiation of the use to ensure proper cleanup after the use is finished.

J.

Post-approval procedures.  

1.

General procedures. The general procedures relating to changes, expiration, and performance guarantees that are identified in Article 7 (Zoning Code Administration), and those identified in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on a Temporary Use Permit application.

2.

Specific Temporary Use Permit procedures.  

a.

Appeal. Only the applicant may appeal a decision on a Temporary Use Permit.

b.

Revocation. A Temporary Use Permit may be revoked by the Zoning Administrator effective immediately upon verbal or written notice for violation of the terms of the permit.

c.

Modification. The Zoning Administrator may require changes in the terms or conditions of an approved Temporary Use Permit at any time while it is in effect, if needed to ensure that the use may continue to operate consistent with the required findings identified in Subsection H., above.

(Ord. 7160 § 53, 2009; Ord. 7057 § 19, 2006; Ord. 7009 § 24, 2005)