Camarillo Municipal Code Ch. 19.61 Temporary Use Permits

The temporary use permit is intended to allow for the short-term placement of uses on privately or publicly owned property with appropriate regulations so that such activities will be compatible with the surrounding areas.

(Ord. No. 1103, § 3(Exh. A), 2-11-2015)

A. Uses that that are substantially similar to those listed as permitted uses in the applicable zone, which, in the opinion of the director, are compatible with the district and surrounding land uses. In making such a compatibility determination, the director must first make all the findings set forth in Chapter 19.60, Section 19.60.020(B) of this code.

B. Uses that are conditionally permitted in the applicable zone.

C. Nonconforming uses that can be made compatible with the surrounding uses and area through the imposition of conditions under the temporary use permit.

(Ord. No. 1103, § 3(Exh. A), 2-11-2015)

A. A temporary use permit approved by the director must be issued prior to the commencement of any requested temporary use.

B. Applications for a temporary use permit and the extension of a temporary use permit must be filed with the department on the form provided.

C. The director may issue a temporary use permit for a period up to six months.

D. A one-time extension of a temporary use permit may be approved by the director for a period up to six months. The director may approve, conditionally approve, or deny the extension, as deemed necessary to protect the health, safety and welfare of the community, as though the temporary use extension was a new application for use. The completed application for time extension must be submitted thirty days in advance of the expiration of a previously permitted temporary use. No additional time extensions may be approved.

E. A public hearing will not be required prior to the issuance of a temporary use permit, or for an extension of a temporary use permit; provided, however, the director sends written notice to all property owners located within three hundred feet of the lot lines of the lot or lots of the property where the proposed temporary use is to be located, advising them that an application for a temporary use permit or extension of a temporary use permit has been received and that the director intends to approve the application within not less than ten days. The notice will request that the property owner contact the director with any questions or concerns prior to the proposed date of approval so that such comments may be considered. The director's decision to approve or deny a permit application will be final and conclusive on the tenth consecutive calendar day following the date of the director's decision, unless an effective, timely, and complete appeal application is filed, or a city council review is ordered as provided in Section 19.61.080.

F. Temporary uses may be subject to conditions of approval as set forth in Section 19.61.050, additional permits, other city department approvals, licenses, and inspections as required by any applicable law or regulation.

(Ord. No. 1103, § 3(Exh. A), 2-11-2015)

A. The director may approve a temporary use permit application or a time extension for a temporary use permit, only when all of the following findings can be made:

1. The use may be permitted under the applicable subsection of Section 19.61.020

2. The operation of the requested use at the location proposed and within the time period specified will not jeopardize the public health, safety, or general welfare, or be injurious or detrimental to properties adjacent to or in the vicinity of the proposed location of the temporary use.

3. The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site.

4. 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 could reasonably generate.

5. 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 director.

The director must prepare a written decision on the approval or denial of a temporary use permit application or time extension application within thirty calendar days after a complete application has been filed, which must contain the findings of fact upon which the decision is made.

(Ord. No. 1103, § 3(Exh. A), 2-11-2015)

In approving an application for a temporary use permit, or the extension of a temporary use permit, the director may impose conditions that are deemed necessary to ensure that the use will be in accordance with the findings required by Section 19.61.040. These conditions may involve any factors affecting the operation of the temporary use or event and may include, but are not limited to:

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

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

3. Regulation of temporary buildings, structures, and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards.

4. Provision of sanitary facilities.

5. Provision of solid waste collection and disposal.

6. Provision of security and safety measures.

7. Regulation of signs.

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

9. 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.

10. Submission of a site plan indicating any information required by this chapter.

11. A requirement that approval of the requested temporary use permit is contingent upon compliance with applicable provisions of other laws.

12. Other conditions that 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. 1103, § 3(Exh. A), 2-11-2015)

The director may revoke a temporary use permit, or if the permit was granted by either the planning commission or the city council, then the director may recommend to such body that the permit be revoked in accordance with the following procedures:

A. A revocation hearing will be held by the director or the body that initially granted the permit. Notice of the hearing must be published once in a newspaper of general circulation within the city and must be served either in person or by registered mail on the owner of the property and on the permit holder at least ten days prior to such hearing. The notice of hearing must contain a statement of the specific reasons for revocation.

B. After the hearing, the temporary use permit may be revoked by the director, or by the body that initially granted the permit, if any one of the following findings are made:

1. That the temporary use permit was obtained by misrepresentation or fraud.

2. That the conditions of the permit have not been met, or the permit granted is being or has recently been exercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law or regulation.

C. A written determination of revocation of a temporary use permit will be mailed to the property owner and the permit holder within ten days of such determination.

D. The decision of the director or the planning commission to revoke a temporary use permit will be final and conclusive on the tenth consecutive calendar day following the date of the decision, unless an effective timely and complete appeal application is filed or a city council review is ordered as provided in Section 19.61.080.

(Ord. No. 1103, § 3(Exh. A), 2-11-2015)

A. Notice of any approved temporary use permit or extension of a temporary use permit must be filed with the city clerk and the secretary of the planning commission for immediate notice of the action. Notice must also be mailed to all property owners within three hundred feet of the lot lines of the lot or lots of the subject property.

B. Notice of any denial or revocation of a temporary use permit must be filed with the city clerk and the secretary of the planning commission for immediate notice of the action.

(Ord. No. 1103, § 3(Exh. A), 2-11-2015)

Any person may appeal an action of the director to the planning commission, and an action of the planning commission to the city council, and the city council may issue an order of review of an action of the director or planning commission, as to the approval, conditions of approval, denial, or revocation of a temporary use permit in accordance with the following procedures:

A. Form of Appeal. An appeal of a decision of the director or the planning commission of the approval, conditions of approval, denial, or revocation relating to a temporary use permit will not be valid or effective for any purpose unless it meets all of the following requirements:

1. Each such appeal must be in writing on a form provided by the director, and must identify the action to which the appeal relates; and

2. Each such appeal must be filed with the director prior to the decision to which the appeal relates becoming final; and

3. Each such appeal must be accompanied by a processing fee in an amount set by resolution of the city council; and

4. Each such appeal is filed by or on behalf of any of the following:

a. The owner of any real property located within the city, or

b. A person who lawfully occupies or is entitled to lawfully occupy any real property which is located within five hundred feet of the lot lines of the lot or lots which are the subject of the temporary use permit, or

c. Any interested person.

B. Effectiveness of an Appeal. No appeal will be deemed complete nor effective for any purpose unless it complies with all of the provisions of this section.

C. Review by City Council. Notwithstanding any other provisions of this section to the contrary, the city council, by majority vote of its total membership and at any time before the director's or planning commission's decision becomes final, may issue an order to review, de novo, the director's or planning commission's decision relating to the temporary use permit ("order of review").

D. Stay of Proceedings. The timely filing of an effective appeal or the timely adoption by the city council of an order of review will stay the decision of the director or planning commission to which the appeal or order of review relates, pending planning commission action on an appeal or city council action on an appeal or order of review of the matter.

E. Action of the Secretary of the Planning Commission. Upon the timely filing of an effective appeal of the director's decision, the secretary of the planning commission must:

1. Set the matter for hearing at the next most convenient meeting of the planning commission; and

2. Give written mailed notice of the time and place of the hearing to the appellant, the applicant, and each person or legal entity who owns real property located within three hundred feet of the lot lines of the lot or lots which are subject of the director's decision.

F. Action of City Clerk. Upon the timely filing of an effective appeal of the planning commission's action, or the adoption of a timely order of review, the city clerk must:

1. Set the matter for hearing at the next most convenient meeting of the city council; and

2. Give written mailed notice of the time and place of the hearing to the appellant, the applicant, and each person or legal entity who owns real property located within five hundred feet of the lot lines of the lot or lots which are subject of the planning commission decision.

G. Action by the City Council. At the time and place of the hearing on an appeal or an order of review, the city council will conduct a de novo hearing on the matter, at which time all interested persons will be allowed to present relevant reliable evidence to the city council. The technical rules of evidence applicable to judicial proceedings need not be observed, provided that the matter is resolved by the city council based upon reliable relevant evidence. The applicant will have the burden of proof to show the existence of the facts which warrant the granting of the temporary use permit.

H. City Council Decision. The city clerk will give written notice of the city council's decision to the appellant, the applicant and any other interested person who requests such notice. The city council's determination will be final and conclusive subject only to judicial review.

(Ord. No. 1103, § 3(Exh. A), 2-11-2015)