Santa Clara City Code § 18.122.010 Purpose
The purpose of this Chapter is to allow for short-term activities that would be compatible with adjacent and surrounding uses when conducted in compliance with this Chapter.
Temporary Use Permits
Santa Clara City Code ch. 18.122
in effectSanta Clara City Code § 18.122.020 Definition
For purposes of this Chapter, a temporary (short-term) land use activity is defined as a land use that is interim, non-permanent, and/or seasonal in nature, and lasting from one to 30 days, and generally not more than 30 consecutive days in duration.
Santa Clara City Code § 18.122.030 Applicability
A. Short-Term Activities. A Temporary Use Permit allows short-term activities that might not meet the normal development or use standards of the applicable zone, but may otherwise be acceptable because of their temporary nature.
Santa Clara City Code § 18.122.040 Exempt Temporary Uses
The following minor and limited duration temporary uses are exempt from the permit requirement for a Temporary Use Permit. Temporary uses that do not fall within the categories defined below shall comply with Section 18.122.050 (Allowed Temporary Uses), below.
A. Construction Sites – On-Site.
1. On-site contractors' construction and/or storage uses, in conjunction with an approved construction project on the same parcel.
2. One caretaker unit may be present on-site during non-construction hours.
3. The construction and/or storage use shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.
B. Emergency Facilities. Emergency public health and safety needs/land use activities, as determined by the Director.
C. Garage and Yard Sales. Residential garage and yard sales for the purpose of selling used household merchandise not to exceeding two, two-day periods each year.
D. Events on Publicly Owned Property. Events that are conducted solely on publicly owned property and are sponsored by educational, fraternal, or service organizations directly engaged in civic or charitable efforts, subject to the approval of the Director.
Santa Clara City Code § 18.122.050 Allowed Temporary Uses
The following temporary uses are allowed on private property, subject to the issuance of a Temporary Use Permit, and only when conducted in compliance with the specified time limits and Section 18.124.090 (Conditions of Approval), below. A Temporary Use Permit shall not be issued if another temporary use has occurred on the subject property within the previous 30 (whether by the same applicant or otherwise).
A. Contractors’ Construction Sites – Off-Site. The temporary use of a site for an off-site contractor’s construction, staging, or storage area(s). The permit may be effective for up to 180 days and extended in 180-day increments, with Director approval, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.
B. Special Events.
1. Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, festivals, flea markets, food markets/events, outdoor entertainment/festivals/sporting events, petting zoos, religious revivals, rodeos, rummage sales (not garage or yard sales), tent camps, and swap meets limited to six consecutive days or less within any 30-day period, or six two-day weekends, within a 12-month period. When an annual plan is submitted to and approved by the Director, the frequency and duration of these special events may be extended.
2. Outdoor display and sale events conducted by a retail business, including auto dealerships, holding a valid Business License, issued in compliance with SCCC Title 5 (Business Licenses and Regulations), may be allowed a maximum of six outdoor sale events (excluding City-sponsored activities). For purposes of this Subsection, an outdoor sale event shall be no longer than seven consecutive days in duration. When an annual plan is submitted to and approved by the Director, the frequency and duration of these special events may be extended.
3. Outdoor meetings and group activities/assemblies for two or less seven consecutive day events, within a 12-month period.
4. Seasonal sales (i.e., Halloween pumpkin sales and Christmas tree sale lots) in compliance with SCCC Title 5 (Business Licenses and Regulations) provided, the length of the activity may not exceed 45 days in any 365-day period.
5. Car washes, limited to one event each month for each site, not exceeding three days in length, and prohibited within the residential zones. Sponsorship shall be limited to charitable, educational, fraternal, religious, schools, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.
C. Temporary Residential Real Estate Sales Offices. One temporary real estate office may be located in any approved residential subdivision located within any residential or mixed-use zone in the City.
1. The temporary real estate office shall be used only for the sale of residential or commercial property located within the subdivision in which the office is located.
2. The temporary real estate office shall be removed at the end of two years following the date of the recording of the final map of the subject subdivision in which the Office is located.
3. If any parcels within the subdivision have not been sold at the end of the original two-year period, the Director may approve extensions for the continuation of the real estate office on a month-to-month basis.
D. Temporary Structures. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum period of 12 months, as an accessory use or as the first phase of a development project, on sites located within the commercial, industrial, and mixed-use zones of the City.
E. Temporary Work Trailers. A permit for temporary work trailer(s) may be approved by the Director for up to 12 months, as a temporary work site for employees of a business:
1. During construction or remodeling of a permanent commercial, industrial, or mixed-use structure, when a valid Building Permit is in force; or
2. Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.
F. Other Similar Temporary Uses. Similar temporary uses that, in the opinion of the Director, are compatible with the subject zone and surrounding land uses.
G. Temporary Uses Needing Additional Days to Operate. Applications for temporary uses (other than the uses specified in Subparagraph B., above that are proposed to last more than six days (but not more than 45 days) or those proposed for a period of more than 15 consecutive days shall require the approval by the Director of a Minor Use Permit in compliance with Chapter 18.114.
Santa Clara City Code § 18.122.060 18.122.060 Application Filing, Processing, and Review
A. Filing. An application for a Temporary Use Permit shall be filed with the Department in the following manner:
1. An application for a Temporary Use Permit shall be filed and processed in compliance with Chapter 18.112 (Application Processing Procedures). The application shall include the information and materials specified in the most up-to-date Department handout for Temporary Use Permit applications, together with the required fee in compliance with the Fee Schedule.
2. The application shall be filed with the Department at least 30 days before the date that the proposed temporary use is scheduled to take place.
3. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 18.112.060 (Initial Review of Application).
B. Evidence. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 18.122.080 (Findings and Decision), below.
C. Notice Requirements for Director’s Review of a Temporary Use Permit Application.
1. Notice shall be provided in compliance with Chapter 18.146 (Public Notices and Hearings), subject to the exceptions specified in this Subsection, and shall be mailed to all owners of real property as shown on the latest assessment rolls, located immediately adjacent (both sides, rear, and immediately across the street) to the parcel that is the subject of the application; and any other person(s) whose property may, in the judgment of the Director, be affected by the proposed project at least 10 days before the date of the Director’s consideration and final decision as stated in the notice.
2. The mailed notice shall state that the Director will consider and decide whether to approve, conditionally approve, or deny the Temporary Use Permit application on a date specified in the notice.
3. The Director may defer action and refer any Temporary Use Permit request to the Commission for consideration and final decision.
Santa Clara City Code § 18.122.070 Director's Review
A. Director’s Action. The Director may approve a Temporary Use Permit for a temporary use that would be operated in compliance with Section 18.122.090 (Conditions of Approval) below; or the Director may defer action and refer the application to the Planning Commission for review and final decision.
B. Referral of Application. Each Temporary Use Permit application shall also be referred, as needed, to the Building Official, Environmental Health Division, Fire Department, Police Department, Public Works Department, or their designees, for their recommendations for approval, modification, conditions, or denial in compliance with their respective entitlements and regulations including but not limited to the following:
1. The Santa Clara Police Department shall review the applicant’s security and traffic plans or make a determination that no such plans are required.
2. The Santa Clara Fire Department shall review the applicant’s plans for any proposed fire control devices, tents and canopies, cooking equipment, pyrotechnics, and emergency vehicle access.
3. The Building Division shall review any temporary electrical connections.
4. The applicant shall secure any necessary permits from the California Department of Alcoholic Beverage Control or shall certify that no alcohol sales will occur.
Santa Clara City Code § 18.122.080 Findings and Decision
A. Director’s Review. The Director shall review the application and shall record the decision in writing with the findings on which the decision is based.
B. Required Findings. The Director (or the Planning Commission on a referral) may approve a Temporary Use Permit application, with or without conditions, only after first making all the following findings:
1. The operation of the requested temporary use at the location proposed and within the time period specified will not endanger, jeopardize, or otherwise constitute a threat to the public convenience, health, safety, or general welfare;
2. The operation of the requested temporary use will not be detrimental to abutting properties through the creation of excessive dust, light, noise, odor, or other objectionable characteristics;
3. The proposed site is adequate in size and shape to accommodate the temporary use without detriment to the enjoyment of other properties located adjacent to and in the vicinity of the subject parcel;
4. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the type and quantity of traffic that the temporary use will or could reasonably be expected to generate;
5. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Code;
6. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the Review Authority; and
7. The applicant agrees in writing to comply with any and all of the conditions imposed by the Review Authority in the approval of the Temporary Use Permit.
Santa Clara City Code § 18.122.090 Conditions of Approval
A. Applicable Standards.
1. The temporary events shall be conducted in compliance with the applicable standards specified in Section 18.60.190 (Temporary Uses).
2. Furthermore, the standards for parking, vehicle and delivery truck ingress and egress, structure setbacks, heights, landscaping requirements, and other structure and property development standards that apply to the category of use or the zone of the subject property shall be used as a guide for determining the appropriate development standards for temporary uses. However, in approving the Temporary Use Permit, the Director may authorize variation from the specific requirements as may be appropriate, so long as variations do not negatively impact abutting properties to an unacceptable level.
B. May Impose Conditions. In approving a Temporary Use Permit application, the Director (or the Planning Commission on a referral) may impose conditions to ensure that the permit would be in full compliance with the findings required by Section 18.122.080 (Findings and Decision), above.
C. Appropriate Conditions. These conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include the following:
1. Fixed period of time;
2. Operating hours and days;
3. Temporary pedestrian and vehicular access, circulation, and parkiing;
4. Regulation of nuisance factors;
5. Regulation of temporary structures;
6. Litter, medical, sanitary, and water facilities;
7. Waste collection, recycling, and/or disposal;
8. Police/security and safety measures;
9. Signs;
10. Performance bond or other security;
11. Limitations on alcoholic beverage sales;
12. Noise attenuation for generators and amusement rides;
13. Limits on size, configuration, location, and the number of attendees;
14. Scheduled maintenance of the venue during and at the completion of the event, including removal of animal waste, if applicable;
15. Compliance with applicable provisions; and
16. Other conditions.
Santa Clara City Code § 18.122.100 Condition of Site Following Temporary Use
A. Site Restoration. Temporary Use Permit recipients shall clean each site occupied by a temporary use of all temporary structures, debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall fully restore the site to its previous condition. Subsequent to the completion of the temporary use, the site shall continue to be used in compliance with this Zoning Code.
B. Deposit Required. A security deposit, in compliance with Section 18.128.050 (Performance Guarantees) shall be filed with the Director before initiation of any proposed temporary use for the purpose of defraying any cost of site clean-up by the City in the event the applicant fails to leave the property clean and free of debris associated with the approved temporary use and restored to its previous condition. The amount of the security deposit shall be determined by the Director or as specified in the Fee Schedule.
Santa Clara City Code § 18.122.110 Post-Decision Procedures
The procedures and requirements in Chapter 18.128 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the decision on a Temporary Use Permit application.
Source: City of Santa Clara Zoning Code (santaclaraca.gov PDF)URL: https://www.santaclaraca.gov/our-city/departments-a-f/community-development/planning-division/zoningFetched: 10/24/2026