17.40.280 Temporary uses and events

17.40.280 Temporary uses and events.

A. Purpose. The purpose of this section is to establish standards for short-term activities, special events and temporary uses on public or private property. The temporary use permit shall allow for short-term activities, typically less than one year in duration, which may be appropriate when regulated.

B. Permitted Uses. Temporary uses are divided into two categories: major and minor.

Major temporary uses may occur on developed or undeveloped private or public property, may last longer than minor temporary uses, and may have a greater potential to create health and safety impacts, create traffic impacts, and/or could potentially disrupt community life. As such they will be subject to greater conditioning to address potential impacts.

Minor temporary uses may occur on developed or undeveloped private or public property, generally commercial, for shorter time periods. These temporary uses produce little noise, and have minimal impacts to adjacent properties or to traffic and public safety.

1. Major Temporary Uses. The following major temporary uses may be permitted, subject to the issuance of a temporary use permit:

a. Temporary real estate offices, including modular buildings, and model homes within approved residential subdivisions;

b. Motorhomes, travel trailers/RVs or mobilehomes as a temporary residence of the property owner when a valid residential building permit is in force. The temporary use permit may be granted for up to one hundred eighty days, or upon expiration of the building permit, whichever comes first. Temporary motorhomes, travel trailers and mobilehomes shall be subject to conditions as may be deemed necessary by the planning director. Consistent with Table 2-3 these temporary residences may be permitted by temporary use permit in all residential zones except the R-3 high density zone;

c. Cargo/shipping containers, for one-time temporary storage on a site with an existing permitted use. Storage must be directly related to the primary use and will not be permitted on a continual or regular interval basis. The temporary use permit may be granted for up to sixty days and will be subject to conditions as deemed necessary by the planning director;

d. Christmas tree sales lots may be permitted by a temporary use permit in the A-E, A-L, C-N, C-R and C-D zones consistent with Table 2-6. However, a permit shall not be required when such sale is in conjunction with a business operating from a permanent building on a developed commercial site, holding a valid business license. Such activity shall only be held from November 15th through December 31st;

e. Fairs, festivals, revivals, and concerts, when not held within premises designated to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities, in the zones outlined in Table 2-6;

f. Shows, carnivals, circuses and exhibitions in the zones outlined in Table 2-6. These uses shall follow regulations set forth in Chapter 5.48.

2. Minor Temporary Uses. The following minor temporary uses may be permitted, subject to the issuance of a temporary use permit:

a. Outdoor display and sales of merchandise within commercial land use districts on private property shall not exceed fifteen days per calendar year per business or organization and are subject to the following provisions:

i. Merchandise displayed or sold must be customarily sold on the premises by a permanently established business. No permitted sale event shall exceed seventy-two hours.

ii. Set-up and take-down of tents, lighting, tables, merchandise and/or items for the event shall be done each day of the event.

b. Outdoor display and sales of merchandise within the Historic Downtown district, including sidewalk sales, shall not exceed five events per calendar year and are subject to the conditions outlined in Sections 5.40.020 and 5.40.030, and no single event shall exceed seventy-two hours.

c. Special events other than those covered under major temporary uses subsection (B)(1) of this section shall be required for all entertainment events. Entertainment events may include arts and crafts, exhibits, auctions, farmer’s markets, food events, and other similar events as determined by the planning director.

d. Car washes conducted by a qualifying sponsoring organization on nonresidential properties. Sponsorships shall be limited to educational, fraternal, religious or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with Section 501(c) of the Federal Internal Revenue Code. Car washes will not be permitted during Stages 2 through 5 of water conservation measures as outlined in Section 13.22.050.

e. Temporary produce stands may be permitted through a temporary use permit in the zones outlined by Table 2-3 and shall follow regulations set forth in Section 5.16.130.

f. Temporary canopies in nonresidential zones in compliance with Section 17.30.020(B).

C. Temporary Use Permit Application. The planning director shall have approval authority for temporary use permits, except for any temporary use permit involving the sale of alcohol which shall require city council approval. For temporary uses that are not listed in this section, the director of planning may, at his/her sole discretion, determine whether an unlisted temporary use requires a permit and should be classified as major or minor. This determination shall be based on the similarities and differences with the above listed uses and an assessment of the proposed temporary use’s compatibility with surrounding land uses and the zoning district in which the temporary use is proposed.

1. An application for a temporary use permit shall be prepared, filed and processed in compliance with the following:

a. Name and address of sponsoring business or organization;

b. Name and address of the party responsible for the temporary use;

c. Name(s) and address(es) of property owner(s);

d. Assessor’s parcel number(s);

e. The proposed location of the temporary use;

f. A site plan drawn at the scale specified by the planning director, which includes the following information as it pertains to the temporary use:

i. Location, existing uses and setbacks on proposed properties;

ii. Location of proposed temporary use, including access and parking;

iii. Other specified uses of the property;

g. A narrative description of the proposed use including:

i. Time and dates of use;

ii. Expected traffic generation;

iii. Parking and circulation;

iv. The number of persons engaged in conducting the temporary use.

h. Such other information as shall be required by the planning director.

2. The applicant shall pay a fee as specified by the master fee schedule; provided, however, that the fee requirements of this chapter shall not apply to community events and fundraising activities by local government agencies, schools, and/or local nonprofit organizations.

1. Time for Decision. Completed applications for a temporary use permit that doesn’t include the sale of alcohol may be approved, conditionally approved, or denied by the community development department within fourteen days after the application has been deemed complete. Applications for a temporary use permit involving the sale of alcohol require city council approval and must be scheduled for a council agenda for review and action.

2. As part of the approval process for a temporary use permit application, conditions may be imposed that are deemed necessary to ensure that the permit will be applied in accordance with the criteria outlined in this chapter and will result in minimal impacts to adjacent properties. These conditions may involve any factors affecting the operation of the temporary use or event and/or the operation of existing uses on the temporary use site. Conditions imposed may include, but are not limited to, the following:

a. Provision for a fixed time period or maximum number of days without specified dates;

b. Regulation of operating hours and days, including limitation of the duration of the temporary use;

c. Provision for security and safety measures;

d. Provision and use of traffic cones or barricades;

e. Provision to obtain any and all necessary permits required by responsible agencies for the sale of food, beverages and/or other goods or services at the event;

f. Provision of a waste management plan and clean-up to restore the site of the event to its original state;

g. Other conditions that will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this section.

3. Appeal. The planning director’s decision on temporary use permit applications may be appealed to the planning commission per Chapter 17.72.

a. A temporary use permit may be revoked or modified by the city of Wasco planning director or his designee, after notice and administrative hearing, for any of the following causes:

i. Any fraud, misrepresentation or false statement contained in the application for permit;

ii. Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise;

iii. Any violation of municipal code;

iv. Conducting the business permitted under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

5. Notice of an administrative hearing for revocation of a permit shall be given in writing, setting forth specifically the grounds of the complaint or violation, and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the permittee, at his last known address.

E. Permit Nontransferable. No permit shall be transferred to another site (including addition of another site to an application previously approved) or another person without written consent from the planning director or his designee as evidenced by an endorsement on the face of the permit by the planning director or his designee showing the site to which and/or to whom the permit is transferred and the date of the transfer. The planning director or his designee may require compliance with any or all provisions of this chapter as a precondition to consent to any transfer.

1. Indemnification Required. Except as otherwise provided in this section, each permit shall expressly provide that the permittee agrees to defend, protect, indemnify and hold the city of Wasco and its council members, agents, officers, attorneys, employees, boards and commissions free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted event or activity; and the permit shall expressly provide that the permittee shall, at permittee’s own cost, risk and expense, defend any and all claims or legal actions that may be commenced or filed against the indemnified parties, and that permittee shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the city, its council members, agents, officers, attorneys, employees, boards and commissions as a result of the alleged acts or omissions of permittee or permittee’s officers, agents or employees in connection with the uses, events or activities under the permit.

2. Insurance Required for Temporary Uses Taking Place on Public Property. Except as otherwise provided in this section, concurrent with the issuance of a permit under this chapter and as a condition precedent to the effectiveness of the permit, the permittee shall procure and maintain in full force and effect during the term of the permit proof of insurance in the amount of one million dollars, or an amount as may be established by the city council, naming the city as an additional insured.

G. Penalty for Violation. Violation of the provisions of this chapter may be enforced pursuant to the enforcement provisions set forth in Title 1.

H. Unlawful to Use City Name Without Authorization. It is unlawful for any event organizer to use in the title of the event the words “the city of Wasco” or “city of Wasco” or facsimile of the seal or logo of the city of Wasco without prior written authorization from the city manager. (Ord. 706 § 3 (Exh. A), 2019).