§ 9-52.080. Temporary Use Permits

A.

Purpose. This Section establishes procedures:

1.

For the granting of Temporary Use Permits that allow limited-duration activities that may not meet the normal development or use standards of the applicable zoning district, but are acceptable because of their temporary nature; and

2.

Which identify the conditions under which these limited-duration agricultural, commercial, and civic activities may be conducted.

B.

Applicability. Temporary uses shall not be conducted, established, or operated in any manner without the approval and maintenance of a valid Temporary Use Permit in compliance with this Section.

C.

Exempt temporary uses. Only the following limited-duration activities are exempt from the requirement for a Temporary Use Permit:

1.

Garage sales; provided, the sales do not occur any more frequently than one three-day event in each 180-day period. Garage sales occurring more frequently shall be considered a commercial retail sales business in a residential zoning district, which is prohibited.

2.

Nonprofit fundraising activities; provided, they have the permission of the subject property owner(s).

3.

Survey taking activities; provided, they have the permission of the subject property owner(s).

4.

Holiday Decorations not listed in Subsection (I)(5)(h) below.

D.

Allowed temporary uses. The following temporary uses may be allowed, subject to the operational standards in this Subsection H (General standards), below, and the issuance of a Temporary Use Permit by the Director:

1.

Agricultural produce stands;

2.

Cargo containers;

3.

Caretaker dwellings where the duration of the use is six months or less;

4.

Construction yards and offices;

5.

Group assembly activities not subject to Municipal Code Title 5 Chapter 17 (e.g., carnivals, concerts, fairs, rodeos, shows and sports events);

6.

Limited sidewalk sales or displays (public or private), extensive promotional activities, and holiday seasonal sales (e.g., auctions, Christmas tree sales, displays of merchandise, grand opening events, promotion/advertisement of business services, sidewalk sales, temporary amusements, temporary animal clinics, and the promotional use of searchlights or other similar material);

7.

Real estate sales offices and model homes;

8.

Temporary residence during construction, (recreational vehicle or mobile home used as a temporary dwelling on a single-family parcel for the owner of the site while constructing a single-family dwelling);

9.

Communications testing equipment; and

10.

Mobile food vendors.

E.

Application requirements.

1.

A Temporary Use Permit, in lieu of a Zoning Clearance, shall be required for all temporary uses listed in this Section. Affected City departments or divisions shall comment on the application. Temporary uses may be subject to additional permits or inspections required by applicable local, State or Federal requirements.

2.

An application for a Temporary Use Permit shall be filed in compliance with Chapter 9-50 (Application Filing and Processing).

3.

The application shall be submitted at least 10 days before the beginning of the proposed use, unless otherwise provided in this Section.

F.

Review authority. The Director may grant a Temporary Use Permit, or may defer action and refer the application to the Commission.

G.

Project review, notice and hearing.

1.

Each Temporary Use Permit application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section.

2.

A public hearing shall not be required for the Director's decision on a Temporary Use Permit, unless otherwise required by this Section.

H.

General standards (regulations). 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 a temporary use. See Subsection I (Use-specific standards), immediately below for the use-specific standards that are applicable to specified temporary uses/activities. The following general standards shall apply, as applicable to the temporary use/activity:

1.

Burden of proof. The degree of proof to qualify for a permit is by a preponderance of the evidence and the burden of proof is upon the applicant.

2.

Set up time. The set up time authorized by the Director shall not exceed seven days.

3.

Not on required parking spaces. The activity shall not be located on required on-site parking spaces.

4.

Ensure clean-up. A bond or cash deposit, in the amount specified by ordinance or resolution, shall be deposited with the City for operations that occur on vacant or undeveloped sites, to ensure clean-up, in compliance with Section 9-52.030(H) (Performance Guarantees). Activities (e.g., cargo containers) located in a fully developed retail shopping center shall be exempt from this bonding requirement.

5.

Group assembly activities. All applicants for group assembly activities subject to SVMC Title 5, Ch. 17, shall submit a completed Special Events application before the issuance of a Temporary Use Permit.

6.

Prevention of dust. All unimproved parking areas and main walk areas shall be kept damp or shall be covered with a material to prevent the raising of dust (undeveloped land only).

7.

Offsite tracking of dirt. The activity shall not result in the tracking or runoff of dirt onto public streets, storm drain facilities, or other property. Where the activity is requested on unimproved land and vehicular access is required, that access shall be treated to the extent necessary to preclude tracking and runoff of dirt. An encroachment permit is required for any such work in the public right-of-way.

8.

Removal of materials and structures associated with the temporary activity. All sites shall be completely cleaned of cargo container(s), debris, hanging display(s), sign(s), and temporary structures within five days after the termination of the activity. Failure to do so shall result in the forfeiture of the bond or cash deposit, if any, in addition to any other remedy provided by law.

9.

Sanitary facilities. Sanitary facilities, either portable or permanent, shall be made available to all employees, attendants, and participants of the activity during its operational hours, as approved by the Director.

10.

Signs. Except as otherwise provided in this Section, signs shall be in compliance with the provisions for temporary signs. Exceptions to the temporary sign provisions shall be only as follows:

a.

Flags, pennants, streamers, and similar forms of hanging displays (but not banners) may be displayed from the roof of a structure or elsewhere on-site, but not above the roof line; provided, each flag shall not exceed 50 square feet, each streamer shall not exceed eight square feet, and no individual other form of hanging display shall exceed four square feet;

b.

All group assembly activities, whatever their duration, shall not be regulated regarding the number of on-site signs; and

c.

A separate fee or separate application fee or separate application for the hanging display(s) or sign(s) shall not be required.

11.

Specified zoning districts. All activities shall be limited to their specified zoning districts. A TUP may only be issued for activities allowed in the underlying zoning district. If the use requires a CUP, it may not be authorized with a TUP, until the CUP is issued.

12.

Use of public rights-of-way. No area of public right-of-way may be used without obtaining approval from the Director, Chief of Police, and Director of Public Works, and receiving an Encroachment Permit from the City Engineer. Construction offices/trailers shall not be permitted on any roadway, public or private, or at the immediate end of an unfinished roadway, unless public access is physically prohibited within 500 feet.

13.

Violation of regulation(s). If a permittee violates any regulation of this Section, the permittee and property subject to the permit are ineligible for a Temporary Use Permit for 12 months after the expiration of the permit.

14.

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

I.

Use-specific standards. The following use-specific standards shall apply, as applicable to the temporary use/activity:

1.

Agricultural produce stands.

a.

Allowed locations. Any zoning district.

b.

Maximum floor area. 400 square feet.

c.

Duration. The permit shall expire no later than 12 months after issuance.

d.

Termination. The temporary stands shall be removed when not used for a period of 30 consecutive days.

e.

Clean-up deposit. As specified in Subsection (H)(4) (Ensure clean-up).

2.

Cargo containers. The temporary use of cargo containers shall be allowed only in compliance with the following, as well as those identified in Subsection 3, below.

a.

The cargo containers may:

(1)

Be allowed for holiday seasonal sales in conjunction with a Temporary Use Permit for extensive promotional activity;

(2)

Be allowed in conjunction with a valid Building Permit; provided, the containers are located on or immediately adjacent to the development site; or

(3)

Be allowed for the purpose of moving goods and/or temporary storage. One container may be allowed for a maximum period of 10 days, per calendar year. The maximum size of the container is 8 ft. x 16 ft. (128 sq. ft.), and shall not encroach into the public right-of-way.

b.

Cargo containers are not allowed if their presence would impede traffic circulation, reduce parking spaces below the minimum number required (if applicable), are visible from any public street or right-of-way, except during allowed construction activity, or impair public health or safety.

c.

Separate application and fee not required. A separate application or separate fee shall not be required for temporary cargo containers to be used only during allowed construction activities.

3.

Construction yards, offices, and additional conditions for cargo containers.

a.

Allowed locations. Any zoning district, provided that the yards, offices, and cargo container(s) are located on or immediately adjacent to the site of development.

b.

Duration. During the construction of a project with a valid Building Permit or a phase of a project, and until 60 days thereafter.

c.

Clean-up deposit. As specified in Subsection (H)(4) (Ensure clean-up).

d.

Caretaker. One adult caretaker may reside on the site during non-construction hours; provided, suitable sanitary facilities are available to the individual.

4.

Group assembly activities.

a.

Allowed locations. Any zoning district.

b.

Parking. One off-street parking space per 100 square feet of property used if not in a shopping center or no reciprocal parking is available, in compliance with Chapter 9-34 (Parking and Loading Standards).

c.

Duration. No permit shall last longer than six days.

d.

Hours of operation.

(1)

Residential zoning districts: 7:00 a.m. to 10:00 p.m., except on Fridays and Saturdays to midnight with the approval of the Chief of Police; and

(2)

All other zoning districts: as determined by the Director in compliance with codified standards.

e.

Clean-up deposit. As specified in Subsection (H)(4) (Ensure clean-up).

f.

Group assembly activities exceeding six days.

(1)

All of the above listed provisions shall apply to this Subsection except for Subsection (I)(4)(c) (Duration), above.

(2)

The application shall be submitted at least 45 days before the onset of the activity to allow for adequate review; and the application shall be signed by the owner of the property or the possessor of a valid power of attorney. Failure to comply with either requirement shall result in disapproval of the permit.

(3)

A public hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings).

(4)

The permit may be issued with or without conditions at the discretion of the Director when findings are made after a site plan review that:

(a)

The activity complies with Section 5-4.01 of the Municipal Code;

(b)

The location is reasonably proportioned and of adequate size for the proposed use; and

(c)

The activity and its location are not detrimental to the health, safety, or welfare of the general public, persons working or residing in the area, or injurious to property in the area.

Failure to make all of the required findings shall result in the disapproval of the permit.

(5)

No permit shall last longer than 21 days.

5.

Limited sidewalk sales or displays, extensive promotional commercial activities, and holiday seasonal sales.

a.

Standards. The area shall not extend laterally beyond the store or building frontage or block the business or any other entrance. Display racks, rounders, tables, and similar displays shall be situated so that the merchandise will not infringe on a minimum four-foot wide aisle which shall be maintained unobstructed for pedestrians traversing the area between the merchandise and the entrance, and the street, parking lot, or driveway curb. The height of the merchandise displays shall not exceed six feet above grade, except for trees.

b.

Allowed locations. CC, CN, CO, CR, WESP-AI, WESP-CO, WESP-SR, and CPD zoning districts.

c.

Frequency.

(1)

A maximum of three limited sidewalk sales or displays for each business are allowed in any one calendar quarter; or

(2)

A maximum of one extensive promotional commercial activity and two limited sidewalk sales or displays are allowed for each business in any one calendar quarter; or

(3)

Up to four extensive promotional commercial activities (e.g., holiday seasonal sales) may occur in any one calendar quarter, provided, no more than a total of four extensive promotional commercial activities occur in one calendar year for each business.

(4)

For vacant parcels, the property owner shall be considered the business.

d.

Duration.

(1)

A limited sidewalk sale or display shall not exceed three consecutive days.

(2)

A single extensive promotional commercial activity shall not exceed 16 days.

(3)

Holiday seasonal sales or displays (e.g., Christmas trees or pumpkins) shall not commence more than 32 days before the legal holiday date or celebration date, if not a legal holiday. The sales may be limited sidewalk sales and/or a single extensive promotional commercial activity or extensive promotional commercial activities subject to the frequency limitations of this Subsection and as conditioned and/or approved by the Director.

e.

Clean-up deposit. As specified in Subsection (H)(4) (Ensure clean-up).

f.

Parking. To be determined by the Director, in compliance with Chapter 9-34 (Parking and Loading Standards).

g.

Permits and fees. A Temporary Use Permit and associated fee are required from each applicant for limited sidewalk sales or displays and/or extensive promotional commercial activities. A permit shall be valid for one quarter of the calendar year for a maximum of three events in that quarter or for up to four extensive promotional commercial activities in compliance with Subsection d (Duration), above, that are to all occur in only one quarter for the events as holiday sales.

h.

Other.

(1)

For all the limited sidewalk sales or displays or extensive promotional commercial activities, signs shall be per the provisions for temporary signs, in Chapter 9-37 (Signs). A separate fee or separate application for the sign(s) shall not be required.

(2)

Holiday seasonal sales are allowed two temporary signs, maximum size of 50 square feet each.

(3)

Cold air, hot air, inflated, pneumatic, or similar gas filled objects (hereinafter referred to in this Development Code as balloons), measuring two feet or less from the tip to the nozzle when inflated, shall not require a Temporary Use Permit when displayed in a cluster of six or less.

(a)

Balloons measuring greater than two feet in length from tip to nozzle when inflated, shall not be displayed.

(b)

However, balloons may be placed on the roof of the structure but the balloon shall be securely tethered to the roof and the balloon shall not exceed a height of 30 feet above the roofline. The lowest point of the balloon shall be in direct contact with the surface of the roof. There shall be no graphics, lettering, logos, wording, or other similar forms of communicative expression on the surface of any roof balloon.

(c)

Balloons shall not encroach into either the public right-of-way or delineated parking spaces.

(4)

Flags, pennants, streamers, and similar forms of hanging display used solely for commercial purposes, and not otherwise allowed, shall be displayed only in conjunction with a Temporary Use Permit regulating location and duration. At no time shall these forms of display encroach into the public right-of-way or designated customer parking spaces.

6.

Real estate sales offices and model homes.

a.

Accessory facility only. On-site temporary real estate sales offices, or temporary model home complexes, may be established only within the boundaries of a residential subdivision, as an accessory facility, for the limited purpose of conducting sales of parcels within the same subdivision.

b.

Off-site sales of parcels. Off-site sales or offers to sell off-site parcels or dwelling units, from any temporary office or trailer complex established in compliance with this Subsection shall not be allowed unless a Conditional Use Permit is first approved, in compliance with Section 9-52.070.

c.

Allowed zoning locations. Residential zoning districts for real estate offices and model homes.

d.

Off-site sales defined. Off-site parcels shall mean those parcels located outside the boundaries of a residential subdivision which subdivision contains an approved real estate sales office or model home complex, and which parcels are not located adjacent to or contiguous with that subdivision.

e.

Requirements. A temporary real estate sales office or model home complex established or maintained in compliance with this Subsection shall meet all of the following requirements:

(1)

An agreement and a cash deposit or surety bond in a form approved by the City Attorney in an amount sufficient to guarantee to the City the removal of the sales office or model home complex, or the restoration of the premises in conformity with the approved development plan and with the applicable provisions of this Development Code within 60 days after the last residence or parcel within the subdivision has been sold and escrow closed shall be required.

(2)

Off-street parking shall be provided at the same ratio as required for offices in compliance with Chapter 9-34 (Parking and Loading Standards). In addition, one parking space for each sales person (employee) shall be provided.

(3)

Screening by fencing, landscaping, walls, or other methods shall be provided, subject to the approval of the Director.

f.

Conditions. A temporary real estate sales office or temporary model home complex may be constructed in advance of the filing of a Final Tract Map, subject to the following requirements:

(1)

The street plans for the entire tract shall be filed with and approved by the Director of Public Works.

(2)

Before the operation of the office or complex, all applicable State requirements (e.g., subdivision and real estate sales laws) shall be fulfilled.

(3)

Sales offices/trailers shall not be permitted on any roadway, public or private, or at the immediate end of an unfinished roadway unless public vehicular access is physically prohibited within 500 feet.

g.

Duration. The temporary real estate sales office and temporary model home complex as well as flags, pennants, streamers, and similar forms of hanging displays allowed under this Section may be maintained until all of the on-site parcels in the subdivision have been sold and the escrow closed.

7.

Temporary residence during construction. A recreational vehicle or mobile home may be used as a temporary dwelling on a single-family parcel for the owner of the site while constructing a single-family dwelling.

a.

Allowed location. On an owner's single-family parcel with the approval of a valid Building Permit and provision of electrical, sanitary and water connections.

b.

Duration. During the construction of the owner's single-family dwelling with a valid Building Permit, and until 30 days thereafter; provided, no temporary dwelling may be allowed during construction of a residence for longer than two consecutive years; and further provided, no additional temporary dwelling may be allowed on the premises until at least 12 months after expiration of the previous permit.

c.

Clean-up deposit. As specified in Subsection (H)(4) (Ensure clean-up).

8.

Communications testing equipment.

a.

Allowed locations. LI, GI, and CI zoning districts.

b.

Duration. No permit shall last longer than 12 months.

c.

Height of communications equipment. Maximum 25 feet.

d.

Parking and driveways. A minimum of two parking spaces plus additional parking for the building structure (based on one space for every 250 square feet). The parking and driveway areas shall be an all-weather surface as defined by the Ventura County Fire Protection District.

e.

Setbacks of structures. All structures including communication equipment shall be setback a minimum of 20 feet from all property lines.

f.

Accessory building structure. One building is permitted with a maximum height of 15 feet and maximum floor area of 400 square feet.

g.

Clean-up deposit. As specified by Subsection (H)(4) (Ensure clean-up).

9.

Mobile food vendors.

a.

Standards. The maximum vending/display area per mobile food vendor must not exceed 400 square feet. Only one vehicle or cart may be displayed within the vending/display area. The vending/display area, including the vehicle and accessory items must not encroach on any handicapped access path of travel, or be located within required parking spaces, loading zones, drive-through lanes, driveways, fuel pump queuing areas, or landscaped planters. Outdoor tables, chairs, and shade umbrellas may be allowed within the approved display area. The vehicle and the accessory items must be reviewed and approved by the City to be aesthetically compatible with the surroundings. A dimensioned site plan showing the proposed display area and surrounding site layout within 100 feet of the display area must be submitted with the TUP application.

b.

Allowed locations. CPD, CN, CO, CR, AI, LI, GI, CI, BP, SR, and RCC zoning districts. The location must have an approved Planned Development Permit or Conditional Use Permit for the primary structure(s) on the site. One mobile food vendor may be allowed for developments with up to 150,000 square feet of gross floor area. One additional mobile food vendor may be allowed for developments that exceed 150,000 square feet of gross floor area.

c.

Duration. No permit shall last longer than 12 months.

d.

Parking. To be determined by the Director, in compliance with Chapter 9-34 (Parking and Loading Standards).

e.

Permits and fees. A Temporary Use Permit and associated fee are required from each applicant for mobile food vendors.

f.

Permit review. All mobile food vendor TUPs shall be subject to review by the Director as the result of any complaint by any person affected by the operation of the TUP, or for any violations of the TUP approval or conditions of approval, changes to the provisions of the General Plan, Development Code regulations, or development guidelines applicable to the property since the approval of the TUP. If the Director determines that sufficient evidence exists to substantiate a complaint, that changes to the property have occurred to render the TUP not in conformance with the Municipal Code, or that TUP provisions or conditions have been violated, then the TUP may be revoked and the permittee may be ineligible for additional mobile food vendor TUPs.

g.

Other.

(1)

Property owner consent. Written property owner's (or agents thereof) consent for the applicant to operate the use, including duration, is required.

(2)

County health permit. A Ventura County health permit is required for the mobile food vending vehicle. The TUP is limited to utilization of a vehicle classified by the County of Ventura as a Mobile Food Facility Type 1, Type 2, or Type 3. Type 4 Mobile Food Preparation Units defined by the County of Ventura are not allowed.

(3)

Business tax certificate. A City business tax certificate is required to be submitted with the TUP application.

(4)

Removal of food vending vehicles and equipment. Food vending vehicles (including pushcarts and trailers), tables, chairs, umbrellas, and accessory equipment must be removed from the premises during non-business hours

(5)

Signage. One sign not to exceed 12 square feet may be affixed to the vehicle.

(6)

Amplified music. No amplified music may be allowed as part of the TUP.

J.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on a Temporary Use Permit application.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2, Exh. A, Ord. 1118, eff. September 13, 2007, and Exh. A, Ord. 1147, eff. August 20, 2009)