Calexico Municipal Code Ch. 5.98 Off-Site Display and Sale of Automobiles

For the purposes of this chapter, the following definitions shall apply:

"City manager" shall mean the city manager of the city of Calexico, or his or her designee.

"Off-site display and sale of automobiles" shall mean the off-site display and sale of three or more vehicles or vessels, including, but not limited to, automobiles, light trucks, recreational vehicles, trailers, campers, commercial trucks, construction equipment, boats or other watercraft, motorcycles or all-terrain vehicles, or other similar forms of motorized vehicular transport. Off-site display and sale shall mean the display and sale of three or more vehicles or vessels during regular business hours on a year-round basis.

(Ord. No. 1170, § 1, 8-2-16)

Decisions as to the approval or denial of temporary use permits for off-site display and sale of automobiles shall be made by the city manager.

(Ord. No. 1170, § 1, 8-2-16)

A. A complete off-site display and sale of automobiles permit application must be filed at least thirty days prior to the date of the proposed event. Applications filed less than thirty days from the date of the proposed event, or incomplete applications, will not be accepted.

B. Each application shall be submitted on the form provided by the city, and shall be accompanied by:

1. The fee set forth in the city's adopted fee resolution;

2. Authorization from the underlying property owner; and

3. A site plan which shows all proposed activities including tents, shade structures, temporary fencing or barricades, generators, temporary power lines, temporary communication lines, air conditioning equipment, inflatable devises, spot lights, stages or entertainment areas, portable restrooms, trash receptacles, signage and banners, decorative lighting, food vending activities, locations for remote radio or television broadcast activities, portable lighting, and/or jump tents and other play equipment, shall be provided. If an activity is not shown and specifically approved on the site plan, it shall not be permitted. The site plan shall be adequately detailed to show all proposed activities, shall be fully dimensioned and shall be at a scale adequate to depict the proposed site and the scope of the event.

(Ord. No. 1170, § 1, 8-2-16)

Issuance of temporary use permits for off-site sale and display of automobiles shall be limited to one permit per dealership and shall only be permitted between March 7, 2018 and March 6, 2019 and every year thereafter.

(Ord. No. 1170, § 1, 8-2-16; Ord. No. 1184, § 2, 3-7-18)

The following findings must be made prior to approval of a temporary use permit for off-site sale and display of automobiles by the city manager:

A. The proposed temporary off-site display and sale of automobiles will be located, operated, and maintained in a manner consistent with each of the applicable provisions of the code, including the provisions of this chapter.

B. The proposed site shall be fully improved and shall be located within a commercial or industrial zone.

C. The proposed temporary off-site display and sale of automobiles will not be detrimental to property or improvements in the surrounding area or to the public health, safety, or welfare.

D. The proposed temporary off-site display and sale of automobiles will have no significant adverse environmental effects.

E. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or reasonably might generate.

F. 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 city manager.

G. The permit's applicant has paid all required fees and deposits owed to the city, both related to the applied-for permit and to any other matter, in a timely manner, including any past-due payments for other permits if applicable.

(Ord. No. 1170, § 1, 8-2-16)

In approving an application for a temporary use permit for off-site automobile sales, the city manager may impose conditions that are deemed necessary to ensure that the permit will be in accordance with the findings required by Section 5.98.040. These conditions may include, but are not limited to:

A. Provision of temporary parking facilities, including vehicular ingress and egress;

B. Regulation of nuisance factors such as prevention of glare or direct illumination of adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat;

C. Regulation of temporary structures and facilities, including placement, height, size, and location of equipment, tents, or open spaces, including buffer areas and other yards;

D. Provision of sanitary facilities, solid waste collection, and disposal;

E. Provision of security or safety measures, including adequate lighting;

F. Regulation of size and location of signs;

G. Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested;

H. Submission of a performance bond or other security to assure that any temporary facilities or structures used for the proposed temporary use will be removed from the site following the event and that the property will be restored to its former condition;

I. Any other conditions which 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 chapter.

(Ord. No. 1170, § 1, 8-2-16)

A temporary use permit for off-site sale and display of automobiles shall be effective for the dates specified by the city manager, not to exceed three days plus such time as the city manager approves for setting up and dismantling the site, unless otherwise specified in this chapter.

(Ord. No. 1170, § 1, 8-2-16)

For all temporary use permits for off-site sale and display of automobiles, the city manager shall prepare a written decision within ten calendar days of the date a completed application is filed. The decision shall contain the findings of fact upon which the decision is made.

(Ord. No. 1170, § 1, 8-2-16)

A temporary use permit for off-site sale and display of automobiles may be revoked by the city manager effective immediately upon verbal or written notice for violation of the terms of the permit.

(Ord. No. 1170, § 1, 8-2-16; Ord. No. 1184, § 2, 3-7-2018)

The city manager may require changes in the terms or conditions of an approved temporary use permit for off-site sale and display of automobiles at any time while it is in effect, if needed, to ensure that the use may continue to operate consistent with the required findings.

(Ord. No. 1170, § 1, 8-2-16)

The city manager's decision to approve or deny an application for a temporary use permit for off-site sale and display of automobiles, or to revoke or modify an approved temporary use permit for off-site sale and display of automobiles, may be appealed by filing a written notice of such appeal with the city manager's office within five business days of the decision. Such appeal shall set forth, with particularity, the facts upon which the appeal is being made. The city manager shall decide the appeal within one working day. The decision shall be final except for judicial review. Judicial review under this chapter shall be subject to the expedited review process established under California Code of Civil Procedure Section 1094.8. Any agreement to follow the process established under Section 1094.8 shall not be deemed an admission regarding the type of conduct at issue.

(Ord. No. 1170, § 1, 8-2-16)

The application shall be accompanied by a fee established by resolution of the city council to cover the cost of processing the application prescribed in this chapter.

(Ord. No. 1170, § 1, 8-2-16)