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16.338 TEMPOrArY USES
16.338.01 PURPOSE AND APPLICABILITY
These provisions address certain uses that are intended to be of limited duration, to ensure that they will not permanently alter the character or physical features of the sites they occupy, and will not have negative effects on surrounding development. Unless exempt, all temporary uses described in this Chapter shall require a Temporary Use Permit as provided below. The Director may only approve the Temporary Use Permit after finding that the application meets all of the applicable requirements of this Chapter.
A. Real Estate Office Within A Subdivision. 1. Accessory Structures and Facilities. Accessory structures and facilities are permitted in conjunction with the establishment of a temporary real estate office in conformance with an approved Temporary Use Permit. 2. Parking. The application shall include a site plan showing the real estate office and a parking area adequate to serve the users and visitors of the office. 3. Time Limitation. Maximum time limitation is 1 year. Extensions may be approved for a maximum of 2 years.
B. Construction Office.
1. Sewage Disposal System. If a sewage disposal system is installed in a temporary construction office, it shall comply with the requirements of the building division. 2. Parking. The application for a Temporary Use
Permit shall include a site plan showing the construction office and a parking area adequate to serve the users and visitors of the office. 3. Removal or Conversion. A temporary construction office shall be removed or shall be converted to a permitted use prior to the issuance of a certificate of use and occupancy for the main building or buildings. If construction is phased over a length of time, the Temporary Use Permit may provide that certificates of occupancy may be issued for completed buildings, except the last buildings to be completed, prior to removal or conversion of the temporary use. C. Existing Buildings.
1. Conformity with Regulations. Prior to occupancy of a new building, the existing building will be brought into conformity with any additional regulation rendered applicable by the placement of any new building on the site. Conformity will be accomplished by removal, reconstruction, relocation, conversion, change of use or any combination thereof. 2. Guarantee of Completion. The Director shall require the landowner to provide a guarantee, which may include a bond or certified check, to insure full compliance with the zoning regulations upon completion of the new building or sooner if, in the manager’s opinion, work pertaining to the completion of all facilities required by law is not being diligently pursued.
D. Animal Husbandry and Agricultural
Education Projects.
1. Time Limitation. The maximum time period for any Temporary Use Permit is 2 years. 2. Health and Safety Requirements. The Temporary
Use Permit application shall include a statement from the Solano County environmental health division that the proposed use complies with applicable County health and safety regulations.
E. Christmas Tree Sales.
1. Date of Opening. A Christmas tree sales facility shell neither be open for business nor show any evidence of this temporary use, during any calendar year, more than 60 days prior to Christmas Day. 2. Time Limitation. Maximum time limitation is 2 months. 3. Merchandise to Be Sold. A permitted Christmas tree sales facility may sell ornaments and other Christmas decorations in addition to
Christmas trees but shall not engage in the sale of any merchandise not directly associated with
Christmas trees and Christmas decorations. 4. Electrical Permit. The applicant shall secure an Electrical Permit from the building division if the facility is to be energized.
5. Removal of Facility. The facility shall be removed and the premises upon which it is located shall be cleared of all debris and restored to the condition they were in prior to the establishment of the facility, within 14 days after Christmas
Day. The Director may require the applicant to provide a guarantee, which may include a cash bond or certified check, to insure full compliance with these removal procedures. 6. Fire Prevention Standards. Each Christmas tree sales facility shall comply with fire prevention standards as approved and enforced by the City Fire Department. 7. Signage. Signage shall comply with the requirements of Chapter 16.509, Signs.
F. Christmas Tree Recycling.
1. Application for Permit. Application for a
Temporary Use Permit to collect Christmas trees for recycling shall be submitted to the Planning Division no later than November 1st. For Vallejo nonprofit groups, there shall be no Temporary Use Permit fee. The Temporary Use Permit may be renewed on an annual basis and is subject to the Christmas
Tree Lot Renewal Fee in the Master Fee Schedule. 2. Recycling Deposit. The operator of the Christmas tree sales facility shall pay a deposit consistent with Master Fee Schedule, to cover the cost of recycling trees. A prorated share of the deposit will be returned based on the actual number of trees sold in addition to the number that are not said but recycled by the operator. 3. Notification of Recycling Activities. Each facility shall display information on where and how
Christmas trees can be recycled, and shell distribute with the sale of each tree information provided by the Planning Division on recycling activities.
G. Mobile Unit or Structure as Accessory Use.
1. Use of Mobile Unit or Structure. A mobile unit or structure shall be permitted as a caretaker’s or manager’s residence and shall be accessory to the principal use on the same building site. A mobile unit or structure shall also be permitted as a temporary residence while a residential unit is constructed on the same parcel with an active Building Permit and shall be removed within 14 days of issuance of a Certificate of Occupancy. 2. Water Distribution System. A water distribution system shall be installed to serve each mobile unit or structure in compliance with applicable laws and regulations administered by the Chief Building Official. 3. Sewage Disposal System. The sewage disposal system shall be installed to serve each mobile unit or structure in compliance with applicable laws and regulations administered by the Chief Building Official. 4. Time Limitation. Maximum time limitation is 1 year. 5. Removal of Mobile Unit or Structure. The mobile unit or structure shall be removed and the premises upon which it is located shall be cleared of all debris within 14 calendar days after the Temporary
Use Permit has expired or after the use has ceased, whichever occurs first. The Director shall require the applicant to provide a guarantee, which may include a cash bond or certified check, to insure full removal.
H. Mobile unit or structure used for industrial or storage purposes.
1. Use of Mobile Unit or Structure. A mobile unit or structure shall be permitted for temporary storage only by the primary user of the property. 2. Time Limitation. Maximum time limitation is 6 months. 3. Temporary Use less than 30 days. Permitted on private property and does not require a Temporary
Use permit. Temporary Placement within the public right-of-way requires an Encroachment
Permit from the Public Works Department.
I. Agricultural Products Sales.
1. Fire prevention standards. Agricultural products sales facility shall comply with fire prevention standards as required and enforced by the Vallejo Fire Department. 2. Signage. Signage shall comply with the requirements of Chapter 16.509, Signs. 3. Electrical Permit. An Electrical Permit issued by the Building Division is required if the facility is to be energized.
4. Permitted Merchandise. A permitted agricultural sales facility may sell holiday-related decorations in addition to agricultural products but shall not engage in the sale of any merchandise not directly associated with the agricultural products and the Halloween and Thanksgiving holidays. 5. The following standards apply to the sale of agricultural products, except for those related to specific holidays:
a. Design. The stand shall not exceed 100 square feet in floor area, shall be exclusively of wood frame type construction, and this shall not be located within 20 feet of any public highway right-of-way. b. Removal. The stand shall be removed from the premises on which it is located within 5 days after the expiration of the permit. c. Time limitation. Maximum time limitation is 90 days.
6. The following standards apply to the sale of agricultural products, such as pumpkins, related to the Halloween and Thanksgiving holidays:
a. Date of opening. An agricultural products sales facility shall neither be open for business nor show any evidence of this temporary use, during any calendar year, more than 40 days prior to October 31st. b. Time limitation. Maximum time limitation is 3 months for agricultural product sales related to Halloween and Thanksgiving.
The permit may be renewed for a fee of 10 percent of the established Permit Fee. c. Merchandise to be sold. A permitted agricultural sales facility may sell holidayrelated decorations in addition to agricultural products but shall not engage in the sale of any merchandise not directly associated with the agricultural products and the
Halloween and Thanksgiving holidays. d. Removal of facility. The facility shall be removed and the premises upon which it is located shall be cleared of all debris and restored to the condition they were in prior to the establishment of the facility, within 14 days after
Thanksgiving Day. The Director shall require the applicant to provide a guarantee, which may include a cash bond or certified check, to ensure full compliance with these removal procedures. J. Entertainment Assembly.
1. Time Limitation. Maximum time limitation is 30 days. 2. Location. The temporary use shall not be located on a parcel within 200 feet of a residentially- zoned parcel, as measured from the closest property lines. 3. Security. The operator of the entertainment use shall provide proof to the Director that security personnel have been employed for the duration of the temporary use. 4. Removal. The Director may require a cash bond, certified check or other guarantee of the removal of the permitted temporary use upon the expiration of the Temporary Use Permit.
K. Requirements for Use of Tents. The requirements of this Chapter apply to the use of tents for any temporary use subject to the provisions of this Chapter.
1. Applications. Applications for approval of a Temporary Use Permit involving the use of a tent shall include the following information:
a. Purpose for which tent is proposed to be used; b. The approximate dimensions of the proposed tent; c. The location at which tent is proposed to be erected; and, d. Distance between the proposed tent and the nearest structure on the subject property and on adjacent lots. e. The application shall be signed both by the
Applicant and the owner of the property on which the tent would be located, or the owner’s duly authorized representatives.
2. Procedures.
a. The Director and the Fire Chief or an authorized deputy shall approve or deny the application to use a tent after conducting review and determining whether the proposed tent will create any unreasonable hazard to life or property and whether the erection or maintenance thereof will injuriously affect adjacent or nearby property or residents of the neighborhoods.
b. The Director may revoke any permit involving the erection and maintenance of a tent within the City at any time prior to its expiration for the violation of any condition upon which the permit is issued or when, in their opinion, the health, welfare, safety and morals of the residents of the City or any portion thereof are adversely affected by the continued presence of such tent. Upon the revocation of any such permit, the person to whom the permit was granted shall, within the times specified by the manager, remove such tent.
3. Special Conditions for Use of Tents. Approval for the use of tents shall for any temporary activity shall be subject to conformance with the following conditions. Violation of any of these conditions shall be grounds for the revocation of a permit, as provided below.
a. Time Limitation. Maximum time limitation is 30 days. b. Removal. The Director may require a cash bond, certified check or other guarantee of the removal of the permitted temporary use upon the expiration of the Administrative Permit. c. Building Code Compliance Required.
The erection and use of a tent shall comply with the Building Standards Code, Part 9, and all other applicable City Ordinances.
16.338.03 TEMPORARY USE PERMITS
This Chapter establishes a process for review and approval of certain uses that are of limited time duration and do not permanently alter the character or physical facilities of the site where they occur.
A. Application. An application for a Temporary Use
Permit shall be submitted at least 21 days before the use is intended to begin. The application shall be on the required form and shall include the written consent of the owner of the property or the agent of the owner. B. Decision. The Director shall prepare a written decision on the Temporary Use Permit application within 14 days after a complete application has been filed which shall contain the findings of fact upon which the decision is made. C. Notice Required. Notice of any approved Temporary
Use Permit shall be posted on the subject property for a period of 7 days from the date the decision is issued. D. Required Findings. The Director may approve an application for a Temporary Use only upon making the following findings:
1. The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare; 2. The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site; 3. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably generate; and 4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the Director. 5. The project has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this Chapter. 6. Based on any applicable environmental review, no potentially significant environmental impacts would result, or any potentially significant environmental impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project, or a Statement of
Overriding Considerations has been adopted.
E. Conditions of Approval. The Director may impose any conditions deemed necessary to ensure compliance with the findings in Subsection D. and other applicable requirements of this Chapter including, but not limited to:
1. Provision of temporary parking facilities, including vehicular ingress and egress; 2. Regulation of nuisance factors such as prevention of glare or direct illumination of adjacent properties, noise vibration, smoke, dust, dirt, odors, gases, and heat; 3. Regulation of temporary buildings, structures, and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other setbacks;
