§ 23.08.246. Temporary Dwellings or Offices.

The use of a temporary dwelling or office is subject to the provisions of this section. Standards for permanent caretaker dwellings are in Section 23.08.161; when a vehicle or temporary or relocatable building is proposed for use as an office for a sales lot (including mobilehome sales), such use is subject to the standards of Section 23.08.144 (Sales Yards and Swap Meets).

a.

General requirements.

(1)

Permit requirements. Plot Plan approval, which may be granted as part of the permit approval for the permanent construction on the same site as the temporary dwelling or office; or through Minor Use Permit approval in the case of a temporary business office (subsection c. of this section) proposed in advance of land use approval of a permanent office; except where Development Plan approval is otherwise required by subsection b through e of this section.

(2)

Type of structure. A temporary dwelling or office may be a mobilehome, recreational vehicle, or portable modular building in conformity with the Uniform Building Code, except within an urban or village area a temporary dwelling may only be a recreational vehicle of 29 feet or less in length.

(3)

Sanitation. A restroom within the temporary dwelling or a portable restroom approved by the Health Department in the case of a temporary office is to be provided. Sewage disposal for a restroom within a temporary dwelling or office is to be by means of temporary hookup to community sewer facilities or the on-site septic system; sewage disposal from portable restrooms (only allowed for a temporary office) is to be as authorized by the Health Department. Water is to be supplied by a public water supply or on-site well. The temporary dwelling or office shall not be occupied until the dwelling or office is connected by means of a temporary hookup to a public water supply or an approved on-site water supply.

(4)

Parking requirement. None for a temporary dwelling or construction office, provided sufficient usable area is available to accommodate all parking needs entirely on-site; as required by Section 23.04.166c(8) (Required Number of Parking Spaces), for other temporary offices.

(5)

Time limits. The use of a temporary dwelling or office is subject to the time limits in subsections b. through e. of this section, which may be extended pursuant to Section 23.02.050 (Extensions of Time).

(6)

Approved permanent use required. Temporary dwellings or offices are allowed only while an approved building permit and an approved land use permit are in effect for the permanent use (Section 23.02.052 - Lapse of Land Use Permit), except where other circumstances are authorized through Minor Use Permit approval or as otherwise provided in this section. A mobilehome shall not be authorized as a temporary dwelling where the permanent dwelling is also proposed to be a mobilehome.

(7)

Removal of temporary dwelling or office: Temporary dwelling or office use is to be terminated before issuance of a certificate of occupancy or final building inspection approval of the permanent use.

(8)

Location: Temporary dwelling or office use are to be located outside of the required setbacks.

b.

Temporary dwellings. A temporary dwelling may be established on the same site as the construction of a permanent residence, or on the site of a non-residential construction project. The temporary dwelling shall only be occupied by either the property owner, permittee, contractor or an employee of the owner or the contractor who is directly related to the construction project. Use of a temporary dwelling is limited to a maximum period of one year, unless the land use permit for the temporary dwelling is extended as set forth in subsection a(5) of this section.

c.

Temporary business offices. A temporary business office may be used as follows (these standards are not subject to modification pursuant to Section 23.08.012):

(1)

On the site of a permanent business facility where such building is under construction; or where a temporary office has been authorized through a land use permit approval; or

(2)

As a real estate office on the site of an approved new subdivision under construction within an urban or village reserve line or any other Residential land use category, for a maximum of two years from recordation of a final subdivision map, unless a longer period is authorized through tentative subdivision map, land use permit or Specific Plan approvals. Such temporary real estate office may occupy one dwelling unit in the subdivision or may be a separate structure; or

(3)

A financial service (e.g. a bank) may use a temporary business office on the permanent site, or a site other than that proposed for the permanent facility in advance of a decision to construct permanent quarters, for a maximum of 18 months before issuance of a land use permit for a permanent facility, and thereafter until either the permanent facility is established or its land use permit expires.

d.

Temporary construction offices. May be established on the site of any subdivision, construction project or temporary off-site construction yard (Section 23.08.244) pursuant to the provisions of this section. The temporary office may remain on the site until construction is completed.

e.

Emergency use of temporary dwellings or offices. In the event of an emergency such as the destruction of a dwelling or the permanent quarters of a business, a temporary dwelling or office may be established in advance of the issuance of a building permit to reconstruct the destroyed structure, provided that a building permit is obtained for the temporary use and proper sanitation facilities are installed pursuant to Health Department approval.

[Amended 1992, Ord. 2591; 1995, Ord. 2715; 2004, Ord. 3001]