The purpose of this chapter is to provide a process for reviewing temporary use permit applications which are intended to allow for the short-term placement (usually one hundred eighty (180) days or less) of activities on privately or publicly owned property with appropriate regulations so that the activities will be compatible with surrounding uses and neighborhoods.
(Ord. 182 § 2 (part), 1997)
The director is authorized to approve temporary use permits, subject to the appeal provisions of Chapter 16.78. A public hearing shall not be required for the issuance of a temporary use permit. Temporary uses may be subject to additional permits, other city department approvals, licenses, and inspections as required by any applicable laws or regulations.
A permit shall not be required for events that occur in meeting halls, theaters, or other permanent facilities which provide for public assembly.
(Ord. 182 § 2 (part), 1997)
An application for a temporary use permit shall be required for the following activities and shall be subject to conditions identified in Section 16.70.060, below and other additional conditions as may be imposed by the director. A. Commercial Coaches. Commercial coaches (as defined by state law (Health and Safety Code Section 18001.8)) or mobile homes on active construction sites, for use as a construction office, temporary living quarters for security personnel, or temporary residence of the subject property owner. The following restrictions shall apply:
1. The director may approve a temporary trailer coach for the duration of the construction project or for a specified period, but in no event for more than two years. If exceptional circumstances exist, a one-year extension may be granted, in compliance with Section 16.80.060 (Time Extensions);
2. Installation of trailer coaches may occur only after a valid building permit has been issued by the building department;
3. Trailer coaches allowed in compliance with this chapter shall not exceed a maximum gross square foot-age of six hundred fifty (650) square feet in size (tongue not included);
4. The trailer coach shall have a valid California vehicle license and the applicant for the trailer coach shall provide evidence of state division of housing approval, in compliance with state law (Health and Safety Code);
5. The temporary trailer coach installation shall meet all requirements and regulations of the county department of environmental health services and the city's building department; and
6. A permit issued in compliance with this chapter, in conjunction with a construction project, shall become invalid upon cancellation or certificate of occupancy for which this use has been approved, or the expiration of the time for which the approval has been granted.
B. Outdoor Arts and Crafts Shows. Outdoor arts and crafts shows and exhibits provided the uses are limited to two days of operation or exhibition in any one hundred eighty- (180-) day period;
C. Parking Lot Sales. Parking lot and sidewalk sales for businesses located within a commercially designated property shall be subject to the following development standards:
1. Outdoor display and sales items shall be identical and accessory to items sold indoors.
2. The business shall have a valid business license with the city and own/lease space on the subject property.
3. The display and sale of merchandise is permitted only by the tenant of an existing commercial development on the same site.
4. Private sidewalks, courtyards or entry areas may be utilized for display provided a minimum four foot wide pedestrian area remains clear and unobstructed and all fire, building and handicapped access requirements are met.
5. All displays shall be located within hardscape areas. No merchandise may be displayed in any landscaped area, or be situated in such a manner as to be detrimental to any existing landscaping on the site.
6. The uses shall be subject to the sign regulations contained in Chapter 16.38.
D. Real Estate Office Trailers. Temporary real estate sales office trailers, to be used solely for the first sales of homes or the first rental of apartments within the same development, may be established within the areas of an approved tentative tract or an approved development plan permit, subject to the following:
1. The approved land use permit shall include those conditions and requirements deemed necessary or advisable to protect the public safety and the general welfare and adequate guarantees that the structures and facilities will be removed or made consistent with applicable zoning regulations within ninety (90) days after the expiration of the permit. In addition to those findings required for the approval of the land use application, the temporary use permit for a temporary real estate sales office trailer(s) shall also include the following findings:
a. The access, parking, and circulation facilities would not result in excess traffic congestion or traffic safety hazards; and
b. The operation of the real estate sales office trailer(s) and associated activities would not conflict with adjacent and nearby residential uses.
2. A temporary use permit application for a temporary sales office trailer(s) may be approved for a maxi-mum time period of two years from the date of approval. At the end of the two year period, the use shall either be terminated or the applicant may file for an extension, in compliance with Section 16.80.060 (Time Extensions).
E. Sales of Agricultural Products. Seasonal sales of agricultural products, provided parking and access are provided to the satisfaction of the director;
F. Seasonal Product Sales. Christmas tree, pumpkin, or other seasonal product sales lots subject to the following guidelines and conditions:
1. All uses shall be limited to no more than one hundred eighty (180) days of operation in any calendar year, subject to the discretion of the director;
2. The applicant shall secure an electrical permit from the city if the facility is to be energized;
3. All lighting shall be directed away from and shielded from adjacent residential areas and streets, in compliance with Section 16.18.100 (Lighting); and
4. Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the director.
G. Special Outdoor Events. Special outdoor events including carnivals, circuses, fairs, parades, rodeos, and large athletic, religious, or entertainment events. The uses shall be subject to the following guidelines and conditions:
1. All uses shall be limited to not more than fifteen (15) days, or more than three weekends, of operation in any one hundred eighty- (180-) day period. To exceed this time limitation shall require the approval of a conditional use permit, in compliance with Chapter 16.52;
2. Activities conducted on property owned by or leased to the city and public rights-of-way may also re-quire the approval of an encroachment permit issued by the engineering department;
3. The director may require a cash bond or other guarantee for removal of the temporary use, cleanup and restoration of the activity site within seven days of the conclusion of the approved activity;
4. Related issues including fire protection, food and water supply, medical services, noise, police/security, sanitation facilities, signs, traffic control, and use of tents and canopies shall be addressed to the satisfaction of the director, director of public works, police department, fire protection district, or health officer in their administration of other city codes. Other city codes may require the applicant to obtain additional permits (e.g., building, electrical, health, and tent permits); and
5. The director or any other responsible city department head may impose other conditions on the temporary use to ensure that the use is operated in a manner which would be compatible with the surrounding uses and neighborhoods.
H. Parking lot vehicle sales. Vehicle sales shall be allowed in commercial zones, subject to the following guidelines and conditions.
1. The use is limited to licensed new car dealerships located in the city.
2. All uses shall be limited to four (4) consecutive days, which must include Saturday and Sunday.
3. The applicant shall obtain clearances from the Public Works, Fire, and Police Departments.
4. Permit applications that involve other city codes may require additional permits (e.g., building, electrical and health).
5. The Planning Director may impose additional conditions to ensure the permit is used in a manner compatible with the surrounding uses and zoning.
I. Temporary Business Structures. Temporary structures to serve as substitute business space may be proposed when an existing commercial or industrial business structure is damaged or destroyed by means beyond the control or influence of the owner or tenant, subject to the following limitations, as well as additional requirements deemed appropriate by the Director:
1. The temporary structure shall not be greater in size than that which was damaged or destroyed;
2. The temporary structure shall be located so as to have a minimal effect on available parking;
3. The temporary structure shall comply with Fire Department and Building Department standards for public occupancy;
4. The temporary structure shall be housed in a structure designed for short-term use;
5. Use of the temporary structure shall have a time limit of twelve (12) months from the date that the business was damaged or destroyed, or nine (9) months from the date that a substantial plan check application for repair of the permanent structure is submitted to the city, whichever is the soonest;
6. A one-time extension of between one (1) and six (6) months may be approved by the Planning Director provided substantial progress toward completion of the construction on the permanent structure is made; and
7. The temporary structure shall be removed within the earlier of thirty (30) days after completion of the replacement permanent structure, or expiration of the time allowed for the temporary structure pursuant to this section.
J. Temporary Storage. Temporary storage may be allowed by the director for activities of a limited duration that are commonly associated with an approved use, provided the following findings can be made:
1. That the temporary storage, as proposed, will not adversely impact adjoining properties; and
2. That the temporary storage, as proposed, will not be contrary to the public health, safety and general welfare.
K. Commercial Filming. Temporary commercial motion picture production, television production (including commercials), still photography and related activities on public or private property (excluding public roads rights-of-way), for occasional commercial filming on location, subject to the following:
1. All commercial filming activities shall be conducted under the auspices of the City Manager. A certificate of Insurance indemnifying the City of Murrieta as an additional insured shall be provided.
2. Prohibited activities:
a. Any filming activity that creates a substantial risk of injury to persons, damage to property or a significant degradation of the environment or that is contrary to the public health, safety or welfare, including but not limited to, disruption of emergency access to surrounding properties.
b. Any filming activities that violate any applicable City codes including but not limited to, the Grading and Noise Ordinances.
3. Limitations. On properties where commercial filming activities are the principal use of the property or structures, the use shall not be considered temporary and shall be subject to all applicable provision of the Development Code.
4. Street Closures or Filming in Public Right of Way. Any commercial filming activities taking place within public rights of way or requiring street closures are subject to approval of an encroachment permit and traffic control plan from the engineering department.
5. Exempted activities. The filming, videotaping or production of current news which includes reporters, photographers or cameramen employed by a newspaper, news service, broadcasting station or similar entity engaged in on-the-spot broadcasting of news events, or the filming or videotaping of motion pictures solely for private family use, shall be exempt from these provisions.
L. Special Events on Land Owned by or Leased to the City. Special events that occur on land, outside of the public right-of-way, owned by or leased to the city are subject to the approval of a special events permit application for temporary events in lieu of a temporary use permit application. The application, associated requirements and conditions are subject to review and issuance by the Parks and Recreation Director or their designee.
M. Temporary Residential Moving Containers. Temporary residential moving containers shall be subject to following criteria:
1. That the temporary residential moving storage, as proposed, will not adversely impact adjoining properties;
2. That the temporary residential moving storage, as proposed, will not be contrary to the public health, safety and general welfare;
3. Temporary residential moving containers shall not be placed in the public right-of-way;
4. The temporary residential moving container delivered to a residence’s subject property, shall be limited to two occasions within a twelve (12) month period and one container per occasion;
5. Temporary residential moving containers delivered to a residence shall be placed on a hardscape surface (i.e. driveway) and shall be limited to a maximum of a two (2) week period on the subject private property. These provisions would not be subject to issuance of temporary use permit. For containers which are proposed to be placed for longer than a two (2) week period, a temporary use permit application with fees, and a description of the extraordinary hardship on why the additional timeframe is necessary, shall be submitted to the Planning Director or their designee for their review;
N. Temporary Cargo Containers. The purpose of this section is to allow cargo containers to be placed on private property in a temporary manner that is safe and secure, will not create adverse impacts to either the property on which they are located or to the immediate neighborhood and will not become a nuisance to the community.
1. A temporary use permit shall be required for when the temporary cargo container is used during construction activities at residential, commercial, office, business park, mixed-use or industrial locations.
2. It shall be placed in such a manner that it does not encroach into a landscaped area, onto sidewalks, or into public rights-of-way, and provides adequate access for ingress and egress in case of an emergency.
3. At a residential location it shall provide sufficient room to open the garage door to allow access and egress in case of an emergency.
4. It shall be limited to storage activities solely.
5. It shall be located in such a manner that it is to have a minimal effect on available parking.
6. The temporary cargo container shall comply with all City Engineering, Fire Department and Building Division standards for a storage occupancy and placement.
7. Use of the temporary cargo container shall have an initial time limit of six (6) months from the date of application approval.
8. A one (1) time extension of the temporary use permit may be approved for a period as determined necessary by the Planning Director or their designee provided there is substantial progress toward completion of the construction phase of the project.
9. The temporary cargo container shall be removed immediately upon completion of the temporary term or upon expiration or finalization of the building permit, whichever occurs first.
10. The Planning Director or their designee may impose additional conditions of approval with respect to the temporary use permit for the temporary cargo container.
11. For cargo containers that proposed to be placed in a permanent manner, please refer to Section 16.44.150.K (Cargo Containers As An Accessory Structure) (Ord. 574-22, Exhibit B-3 (part), 2022; Ord. 544 § 32, 2019; Ord. 430-10 § 10, 2010; Ord. 412 § 2, 2008; Ord. 367 § 5, 2006; Ord. 269 § 2 (part), 2002; Ord. 182 § 2 (part), 1997)
A. Application Contents. Applications for temporary use permits shall contain the following information:
1. Completed planning application form and required fee and attachments (see also Section 16.48.030);
2. A plot plan showing sufficient detail based on the handout provided by the department; and
3. A letter of consent from the property owner.
B. Development Code Compliance. Upon acceptance of a temporary use permit application, the director shall review the request for compliance with this development code. The director shall render a written decision and clearly state any conditions of approval or reasons for disapproval and applicable appeal provisions of this development code. The decision of the director shall be considered final, unless an appeal is filed in compliance with Chapter 16.78.
(Ord. 182 § 2 (part), 1997)
The director may approve a temporary use permit application in whole or in part, with or without conditions, only if all of the following findings of fact can be made in a positive manner:
A. The operation of the requested temporary use at the location proposed and within the time period specified would not jeopardize, endanger, or otherwise constitute a menace to the public convenience, health, safety, or general welfare;
B. 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;
C. 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 would or could reasonably be expected to generate; and
D. Adequate temporary parking to accommodate vehicular traffic to be generated by the use would be available either on-site or at alternate locations acceptable to the director.
(Ord. 182 § 2 (part), 1997)
In approving an application for a temporary use permit, the director may impose conditions that are deemed necessary to ensure that the permit will be conducted in compliance with the findings required by Section 16.70.050, above. These conditions may involve any factors affecting the operation of the temporary use or event and may include the following:
A. Nuisance Factors. Regulation of nuisance factors, including prevention of glare or direct illumination of adjacent properties, dirt, dust, gases, heat, noise, odors, smoke, or vibration;
B. Operating Hours and Days. Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested;
C. Parking Facilities. Provision of temporary parking facilities, including vehicular ingress and egress;
D. Performance Bond. Submission of a performance bond or other surety device to ensure that any temporary facilities or structures used for the proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;
E. Sanitary and Medical Facilities. Provision of sanitary and medical facilities, if deemed necessary by the director;
F. Security Measures. Provision of security and safety measures, if deemed necessary by the director;
G. Signs. Regulation of signs;
H. Site plan. Submission of a site plan indicating any information of the requested temporary use permit that is contingent upon compliance with applicable provisions of other local and state ordinances;
I. Structures. Regulation of temporary structures and facilities, including height, location of equipment, placement, size, and the provision of open spaces, including buffer areas and other yards;
J. Waste Collection. Provision of solid waste collection and disposal; and
K. Other. Other conditions that would ensure the operation of the proposed temporary use in an orderly and efficient manner and in compliance with the purpose of this chapter.
(Ord. 182 § 2 (part), 1997)
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