Chapter 23.92
TEMPORARY USES
Sections:
23.92.020 Permit requirements and exemptions.
23.92.030 General development standards for temporary uses.
23.92.040 Standards for specific temporary uses.
23.92.010 Purpose.
The purpose of this chapter is to establish development standards for temporary activities to ensure the overall health, safety, and general welfare of the community is maintained. [Ord. 16-2021 §4 (Exh. B), eff. 9-10-2021; Ord. 26-2006 §3, eff. 8-11-2006]
23.92.020 Permit requirements and exemptions.
Uses of property (including land, buildings, and structures) and activities that are temporary in nature shall comply with the permit requirements described below. The process for application for and review and issuance of a temporary use permit shall be as described in EGMC Section 23.16.050 (Temporary use permit).
A. Temporary Uses Exempt from Permit Requirements. The following temporary activities and uses are allowed by right and are expressly exempt from the requirement of first obtaining a temporary use permit, provided they conform to the listed development standards. Uses that fall outside of the categories defined shall be required to obtain a temporary use permit.
1. Car washes of a temporary nature (e.g., school fundraisers) when operated consistent with local and State regulations.
2. Construction yards, storage sheds, and construction offices (on site) in conjunction with an approved construction project where the yard and/or shed are located on the same site as the approved project.
3. Emergency public health and safety facilities established by a public agency.
4. Entertainment and assembly events held within auditoriums, stadiums, or other public assembly facilities, provided the proposed use is consistent with the intended use of the facility and the use is established consistent with the permit requirements of this title.
5. Events held exclusively on City property, such as those covered under a special events permit.
6. Events operated by the City.
7. Events held exclusively on property owned and/or operated by the Cosumnes Community Services District.
8. Events held exclusively on school grounds and that are in conjunction with the school use.
9. Events held exclusively on church grounds and that are in conjunction with the church use where there is no reduction in parking area as part of the temporary use.
10. Garage and yard sales held on private property and when occurring no more than two (2) consecutive days and up to four (4) times per calendar year.
11. Outdoor promotional events and seasonal sales, including temporary outdoor display and sales of merchandise and seasonal sales, as part of a commercial business that has obtained a business license with the City and is in compliance with the development standards of this title, including but not limited to minimum parking requirements.
12. Private parties exclusively on private property where there is no sale of food or beverage to attendees of the event and the property is not being provided on the basis of compensation. Examples of such events include, but are not limited to, a back yard barbeque or a wedding at a family home; examples of events not included in this exemption include, but are not limited to, a wedding at a home where a rental fee is charged.
13. Seasonal sales involving legal fireworks, except that the use shall first secure any other permits required from the CCSD Fire Department as provided under EGMC Title 17 and the Fire Code.
14. Storage/cargo shipping containers not in conjunction with an approved construction project when located consistent with the provisions of this chapter.
15. Temporary sales offices and model home complexes as part of new home sales.
B. Temporary Use Permit Required. The following temporary activities and uses may be allowed, subject to the issuance of a temporary use permit prior to the commencement of the activity or use.
1. Construction yards, storage sheds, and construction offices (off site) in conjunction with an approved construction project, where the yard is located on a site different from the site of the approved construction project (e.g., yards and offices as part of subdivision construction).
2. Entertainment and assembly events, including carnivals, car shows, circuses, concerts, fairs, festivals, food events, fundraisers, haunted houses, outdoor entertainment/sporting events, and similar events designed to attract large crowds and when not otherwise part of or consistent with a permitted use (e.g., competition at a swim complex would be exempt from the requirement for a permit).
3. Farmers markets held on private property.
4. Swap meets, flea markets, rummage sales, and similar events held on private property.
5. Seasonal sales (e.g., Halloween, Christmas) except when related to an existing business, or located withing an existing retail building, excluding fireworks stands (see subsection (A)(14) of this section).
6. Storage/cargo shipping containers when located for periods greater than the time periods provided under EGMC Section 23.92.040(F)(1) through (3). [Ord. 16-2021 §4 (Exh. B), eff. 9-10-2021; Ord. 26-2006 §3, eff. 8-11-2006]
23.92.030 General development standards for temporary uses.
A. Conformance with Other Portions of This Title. Standards for off-street parking spaces, setbacks, and other structure and property development standards contained in this title that apply to the category of use or the zoning district of the subject parcel, as determined by the Development Services Director, shall apply to all temporary activities. Requirements for long-term improvements that exceed the duration of the temporary use, including but not limited to landscaping and paving of parking lots, as determined by the Development Services Director, shall not be imposed.
B. Access and Circulation. All temporary uses shall be organized to provide efficient and orderly ingress and egress from the site. The City may require the preparation and implementation of an access plan to the satisfaction of the City.
C. Animal Care. Any animals that are part of the temporary use shall be treated humanely and in keeping with EGMC Chapter 8.02 and any other applicable laws.
D. Emergency Communications System. The City may require, due to the size, nature, or location of the activity, that temporary uses include an on-site public address system. Any such system shall be to the satisfaction of the Chief of Police (or their designee).
E. Fire Protection. All temporary uses are subject to review by the CCSD Fire Chief and shall comply with any requirements and permits established by the CCSD Fire Department. The City shall not issue a temporary use permit for any activity for which a fire permit is required until such permit has been issued by the CCSD Fire Chief (or his or her designee).
F. Food and Alcohol.
1. Any food or beverage served or sold at the event shall comply with all applicable laws, including without limitation the California Retail Food Code, Section 113700 et seq. of the Health and Safety Code, as it may be amended.
2. Any sale or service of alcohol at a temporary use shall be conducted in accordance with State law and after the issuance of any required permit from the City and State Department of Alcoholic Beverage Control.
G. Medical Services. The City may require, due to the size, nature, or location of the activity, that temporary uses provide on-site first aid services. Any such service shall be to the satisfaction of the Chief of Police (or his or her designee).
H. Site Maintenance. All temporary uses shall be kept clean and organized. Temporary use operators shall collect and remove all rubbish associated with the use and shall clean and restore all areas used for the activity, including contiguous public roads, sidewalks, rights-of-way, and easements to substantially the same condition as existing prior to the activity following the conclusion of the use.
I. Site Security. As part of the approval of a temporary use permit, the City may require the presence of on-site security. The provided security shall be subject to the review and approval of the Chief of Police (or his or her designee). No security personnel required by this chapter shall act as a door person, ticket seller, ticket taker, admittance person, or be responsible for temporary use operations while performing their security duties.
J. Stormwater Discharge. All activities shall be managed in compliance with the City’s stormwater management regulations pursuant to EGMC Chapter 15.12, Stormwater Management and Discharge Control. [Ord. 16-2021 §4 (Exh. B), eff. 9-10-2021; Ord. 20-2018 §3 (Exh. A), 11-9-2018; Ord. 28-2007 §3, eff. 10-26-2007; Ord. 26-2006 §3, eff. 8-11-2006]
23.92.040 Standards for specific temporary uses.
The following standards shall apply to the specific temporary uses described below:
A. Construction Yard/Storage Shed and Temporary Construction Office. Any temporary use permit for a construction yard, storage shed, or temporary construction office shall expire upon completion of the construction project, or the expiration of the accompanying building permit or improvement permit authorizing construction, whichever occurs first.
B. Entertainment and Assembly Events. Entertainment and assembly events when not part of or consistent with a permitted use shall not be permitted for periods of longer than seven (7) consecutive days.
C. Farmers Market. Farmers markets shall not be held for more than two (2) consecutive days per week at the same location.
D. Garage/Yard Sale. Garage sales, yard sales, and similar activities shall not occur more than four (4) times per year, with no sale exceeding two (2) consecutive days. All merchandise must be displayed within the property boundaries.
E. Seasonal Sale. Seasonal sales (e.g., Halloween, Christmas) shall only be allowed on nonresidential property. The maximum period for seasonal sales shall be forty-five (45) days per sale. No more than two (2) such activities shall be allowed for a property within a twelve (12) month period.
F. Storage/Cargo Shipping Container. Storage/cargo shipping containers, when permitted, shall only be allowed consistent with the following:
1. In agricultural and agricultural-residential districts, for periods no greater than five (5) days and no more than one (1) period per year.
2. In residential zoning districts, for periods no greater than seventy-two (72) hours and no more than one (1) period per year.
3. In commercial, office, and industrial zones, for periods no greater than sixty (60) days and no more than one (1) period per quarter, unless they are used as part of an active building permit.
4. In industrial zones:
a. As part of a storage/warehouse use, or when on vehicle as part of a distribution or logistics center, cargo/shipping container(s) may be stored for an indefinite period, provided the containers are within a secured/fenced area and screened from view from the public right-of-way.
b. Otherwise, for periods no greater than sixty (60) days and no more than one (1) period per quarter, unless they are used as part of an active building permit.
5. Where allowed, storage/cargo shipping containers shall comply with the following development standards:
a. Containers shall be located a minimum of ten (10' 0") feet from any front or street-side property line, a minimum of five (5' 0") feet from any rear or interior property line, and a minimum of five (5' 0") feet from any other structure or container. At no time shall the container obstruct the clear-vision triangle. For agricultural residential uses, containers may not be placed within the required front yard area.
b. One (1) container may be permitted for every five thousand (5,000 ft2) square feet of permanent structure, or portion thereof.
c. Containers shall not be stacked, except when part of a storage/warehouse use or distribution or logistics center and the containers are screened from view from the public right-of-way.
6. If a minor use permit is issued for a cargo/shipping container(s) for a period greater than sixty (60) days, said container(s) must be screened from public view through any combination of landscaping, fencing, or other appropriate technique.
7. Nothing herein shall prohibit the use of a cargo/shipping container(s) as a permanent structure, provided their use is approved through a project’s design review approval and the structure is compliant with all requirements of the Building Code. [Ord. 16-2021 §4 (Exh. B), eff. 9-10-2021; Ord. 20-2018 §3 (Exh. A), eff. 11-9-2018; Ord. 16-2009 §3, eff. 9-25-2009; Ord. 26-2006 §3, eff. 8-11-2006]
23.92.050 Similar uses.
The Development Services Director may determine a use not specifically listed herein is substantially similar to a use that is listed based on the available criteria and description and after making the required findings outlined in EGMC Section 23.12.045 (Similar use determination). [Ord. 16-2021 §4 (Exh. B), eff. 9-10-2021; Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 26-2006 §3, eff. 8-11-2006]
23.92.060 Temporary use permit extensions.
Repealed by Ord. 16-2021. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 28-2007 §3, eff. 10-26-2007]