Biggs Municipal Code Art. II Temporary Parking Lots

For purposes of promoting the public health, safety and general welfare, and more specifically for the purpose of protecting the residents of Biggs from traffic related hazards and health issues associated with emissions and airborne particulate matter, the city of Biggs has adopted the regulations herein to permit and regulate temporary parking lots within the city.

(Ord. 321 § 1, 1999)

(1) Any owner of real property within the city of Biggs may, by submitting a written request to the city administrator, request authorization from the city council for the temporary use of a parcel under his/her ownership within the city as a short-term parking lot.

(2) Requests for authorization to operate a temporary parking lot shall include the following:

(a) Description of the location and the assessor's parcel number of the property proposed for operation as a temporary parking lot.

(b) Description of the type of vehicles and the maximum number of vehicles to utilize the proposed temporary parking lot.

(c) The time periods during which vehicles will be parked and the times during which vehicles will enter and exit the proposed temporary parking lot.

(d) The time period during (number of weeks or months) which the parking lot will be operated.

(e) Description of all site improvements proposed to allow operation of the temporary parking lot.

(f) Discussion of how the standards and regulations within this chapter shall be satisfied.

(g) Present compelling reasons in support of allowing operation of a temporary parking lot based upon the benefits to the city as a whole or to specific residents not personally involved in the operation of the parking lot or any business associated with the parking lot.

(3) Planning Commission Review. Following acceptance of a request for operation of a temporary parking lot by the city, the planning commission shall review the request and make recommendation to the city council for action on the request. Recommendation for approval must be based upon the following findings:

(a) The proposal will not be detrimental to the health, safety and general welfare of persons residing or working in the neighborhood of the proposed use;

(b) The proposed use will not be detrimental or injurious to property and improvements in the neighborhood of the proposed use; and

(c) The proposed use will not be detrimental or injurious to the general welfare of the city.

(4) City Council Action. Upon receipt of the planning commission's recommendation, the city council may, at its next meeting, grant the requesting party the right to operate a temporary parking lot, subject to the findings identified in subsection (3) of this section and conditions as required under BMC § 8.15.100.

(5) Conditions of Approval. The city council may impose any conditions of approval on the temporary parking lot which it finds necessary to carry out the purposes of this article and to implement the general plan and any applicable specific plan(s).

(6) Notice. Prior to taking action upon a request pursuant to this article, the city shall conduct at least one public hearing before the city council. Such hearing shall be noticed in all of the following ways:

(a) Publication in a locally available general circulation newspaper.

(b) Posting in at least three locations within the community.

(c) Posting in two conspicuous locations within the boundaries of the subject property.

(Ord. 321 § 2, 1999)

The applicant shall specify the following information regarding improvements and operations of the temporary parking lot:

(1) Proposed physical improvements, including grading, surface improvements, site drainage provisions, removal of existing vegetation and other site improvements.

(2) Proposed operations, including number and type(s) of vehicles which will utilize the facility, hours of operation when vehicles will enter and/or exit the facility, anticipated duration of use for facility, seasonal fluctuations in use of facility.

(Ord. 321 § 3, 1999)

All rights and privileges granted under the authority of this article shall be void under the following circumstances:

(1) Improvements, as required by the city, are either not completed or not adequately maintained.

(2) Failure to exercise the rights granted under this article for a continuous period of six months or as otherwise specified by the city council at the time of application review and approval.

(3) Failure to operate the temporary parking lot within the guidelines as approved by the city council.

(4) All rights granted under this article shall automatically terminate one year from date of approval unless extended by the city council. Such extension may be granted by the city council if requested by the owner of the subject parcel and if the use is found to still be in conformance with the regulations of this article.

(Ord. 321 § 4, 1999)

Any violation of this article shall be deemed an infraction and shall be punishable by a fine.

(Ord. 321 § 5, 1999)