ARTICLE 12 PROCEDURES -------------------- (go to main index)

• (a) Purpose. Temporary Use Permits may be issued to authorize the establishment of temporary uses on private property and are not intended to regulate temporary uses in public parks or on public right-of-ways. Temporary uses shall not include live entertainment subject to approval by the City Council pursuant to Chapter 17 of Title 4 of the Municipal Code. Typical temporary uses include pumpkin and Christmas tree lots; carnivals and circuses; special outdoor retail sales promotions; and similar unique and infrequent or irregularly occurring events.
• (b) Criteria. The following criteria shall be used in determining the suitability and compatibility of a temporary use.
• (1) The operation of the requested temporary use shall have no adverse effect on abutting property or jeopardize public health, safety, and general welfare.
• (2) The site is adequate to accommodate the proposed use and shall include provision of off-street parking where feasible.
• (3) The time period and hours of operation for the temporary use shall be clearly specified and provision shall be made for the removal, clean-up, and restoration of the site.
• (4) The temporary use will be located, operated and maintained in a manner consistent with the General Plan and with the use classification for the zone.
• (c) Application.
• (1) The applicant shall file with the Planning Division a completed application in a form provided by the Planning Division.
• (2) The owner of record of the lot or parcel of property which is to be affected by the application shall file an affidavit authorizing the application on a form provided by the Planning Division.
• (3) Upon filing of an application, the applicant shall pay a fee, as set forth by resolution of the City Council.
• (d) Contents of application. In addition to the application and fee, a site plan drawn to scale and dimensioned shall be submitted which includes the following information:
• (1) All buildings and structures on the site;
• (2) Off-street parking spaces, driving aisles, and driveways;
• (3) The location and dimensions of the temporary use;
• (4) Such other data as may be required to demonstrate that the project meets the criteria.
• (e) Decision on application. Within seven (7) days after the submission of an application for a Temporary Use Permit, the Chief of Planning shall review the application and shall approve, approve with conditions, or deny the application.
• (1) If the decision of the Chief of Planning is to approve the application, an approval stamp shall be affixed to the application and/or site plan.
• (2) If the decision of the Chief of Planning is to deny the application, the decision shall be in writing and shall recite the failure to meet the criteria upon which his decision is based. Where the decision is to deny the application, notice of the decision shall be mailed to the applicant by first class mail within seven (7) days of the decision.
• (f) Appeal of decision denying the application. The decision of the Chief of Planning to deny the application shall be final and conclusive unless, within ten (10) days after the date of such decision, a written appeal is filed with the Planning Division requesting consideration by City Council.
• (g) Consideration by City Council. The Planning Division shall prepare a report to the City Council on the denial of the request for temporary use, and shall present such report at a regular meeting of the City Council.
• (h) Decision of the City Council. The decision of the City Council on all applications for temporary uses shall be final and conclusive.
• (i) Expiration. An approval of a temporary use shall be effective only for the use, time, date and location applied for and shall become null and void upon passage of the time and date contained within the application.
• (j) Extensions. The Chief of Planning may grant an extension of the time and date provisions of a Temporary Use Permit upon written request of the applicant. Such extension, if granted, shall be subject to the criteria of this section and shall comply with any conditions of operation previously imposed.
• (k) Revocation. A Temporary Use Permit may be revoked if the use is operated in violation of the criteria of this section or in violation of conditions of operation contained within the permit. Notice of intent to revoke the permit shall be posted on the property and shall be mailed to the applicant by certified mail. The notice shall state that the temporary use shall become null and void within twenty-four (24) hours of the date and time of the notice unless a written appeal is filed by the applicant with the Planning Division requesting a hearing before the Building Official. Such appeal hearing on the revocation of the permit shall be held in a timely fashion. The decision of the Building Official shall be final and conclusive.

(Ord. 2756 c.s., eff. January 18, 1996)

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