(A) The purpose of a temporary conditional use permit is to provide for the short term use of property and structures that are consistent with the purpose and objectives of this title.
(B) An application for a temporary conditional use permit shall be made to the Planning and Building Department on a form prescribed by the Department. The application shall be accompanied by a fee set by resolution of the City Council.
(C) The Planning and Building Director is authorized to review and approve temporary conditional use permit applications subject to reviewing the following findings. The Director may add conditions to insure consistency with the purpose and objectives of the title, including the following:
(1) That egress and ingress and off-street parking facilities are properly designed and adequate to serve the use;
(2) That the site is adequate in size and location and has proper accessibility to accommodate the use;
(3) That there are adequate public services, including fire protection, water supply, waste water disposal and police protection to serve the use;
(4) That upon termination of the use the site shall be restored to its original condition. All materials and equipment associated with the temporary use shall be removed;
(5) That reasonable time limits shall be established for the use, not to exceed six months unless otherwise extended by the Planning Commission;
(6) That the application for a temporary use permit shall have all applicable license and permits; and
(7) That the signage for the use be approved by the Planning and Building Director.
(D) Temporary conditional use permits may be processed as an administrative matter by the Planning and Building Director. Following a decision by the Planning and Building Director, an administrative agreement shall be prepared that outlines the findings and conditions on the decision.
(E) The following uses and activities are eligible for a temporary use permit. The Planning Commission, by resolution, may add other uses to this list. The Planning and Building Director shall determine the appropriate districts for the uses and activities listed below.
(1) Promotional displays, sales and activities. Promotional displays and activities, including amusement rides, street dances, concerts, live entertainment and promotional outdoor displays and sales. These activities may be conducted in any district and shall be restricted to the buildable portion of the subject property. Temporary signs are permitted with approval by the Planning and Building Director. All display material, signs and related improvements shall be removed no later than 24 hours from the end of the activity. Sale areas shall be situated where adequate parking is available and sight distances at intersections and driveways will not be obstructed.
(2) Temporary uses. The temporary use of property by non-profit or charitable organizations, including activities such as expositions, concerts, carnivals, amusement rides and church revivals. An activity shall not exceed a two-week time period.
(3) Temporary sales or construction offices. A temporary office established to handle sales or construction of a development project. Temporary signs are permitted by approval of the Planning and Building Director.
(4) Temporary construction structures. Temporary buildings, structures or trailers associated with construction projects that are used to house tools, equipment and supervisory offices.
(5) Temporary sales. Temporary outdoor sales, sidewalk sales and temporary parking lot sales lasting more than three days in association with a permitted business for which there is an enclosed building. No off-site signs shall be permitted and no more than six of these events will occur on the subject property per calendar year.
(6) Sales of Christmas trees and fireworks stands are reviewed and approved by the Fire Marshal.
(7) In all zone districts the off-site sale of new and used automobiles and trucks shall be prohibited, except as herein provided. New and used automobile and truck sales must be conducted only at the permanent property address in the City of Tulare listed for the dealership on its Department of Motor Vehicles license, except as follows:
(a) Antique automobile sales, featuring automobiles and trucks older than 20 years, are permitted, subject to approval by the Planning Director, on properties zoned C-3, C-4, M-l, and M-2; and
(b) An automobile dealership whose permanent property address on its DMV license is located within the City of Tulare may, pursuant to the issuance of a Certificate for a Temporary Branch Location by the DMV, under Cal. Veh. Code § 3062, and its successors, be entitled to engage in such temporary off-site automobile sales, subject to approval by the Planning Director, on properties zoned C-3, C-4, M-l, and M-2.
(F) A decision of the Planning and Building Director may be appealed to the Planning Commission consistent with the requirements contained in Chapter 10.20, Appeals.
(1995 Code, § 10.116.130) (Ord. 10-08, passed 3-16-2010; Ord. 02-1906, passed --2002; Ord. 00-1854, passed --2000)