Article 6 — Temporary Use Permits

This article establishes a process for review and approval of uses that are intended to have a limited duration and will not permanently alter the character or physical facilities of the property where they occur.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Except as specified in Section 9-7.603, all temporary uses, as defined in Section 9-2.104(b), require the approval of a temporary use permit, including, but not limited to, carnivals, Halloween pumpkin lots, Christmas tree lots, farmers' markets on private or public property, Mobile Food Vendors on private or public property, and other vendors, peddlers, solicitors, or events on private or public property.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

The following temporary uses shall be exempt from the requirement for a temporary use permit:

• (a) On-site temporary construction offices and on-site contractors' storage yards, including debris containers.

• (b) On-site offices for real estate sales or rental.

• (c) Garage and yard sales operated by a resident of the premises where such sales operate for a period of less than two (2) days per quarter per year.

• (d) Any use operating on a public street or sidewalk, including, but not limited to, farmers' markets as regulated by Chapter 35 of Title 5, and Mobile Food Vendors and other vendors, peddlers, and solicitors as regulated by Chapter 27 of Title 5.

• (e) Any other temporary uses otherwise regulated by the Emeryville Municipal Code, including, but not limited to, community events regulated by Chapter 23 of Title 5.

• (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

An application for a temporary use permit shall be filed and processed in accordance with the provisions of Article 2 of this chapter, Common Procedures. Applications for temporary use permits shall be considered by the Planning and Building Director, in consultation with the Public Works Director, Chief Building Official, Fire Marshal, Police Chief, and other City staff as deemed appropriate. The application shall be submitted at least fourteen (14) days before the temporary use is intended to begin. It shall include a site plan of the proposed use that shows any electrical or plumbing connections, the relation of the temporary use to existing buildings, parking spaces, landscaping, and other features of the site; a description of operating characteristics, including dates, hours, number of employees, expected visitors, and security if appropriate; and any other information deemed necessary by the Director. The Director, at his or her discretion, may give such notice as is deemed appropriate to adjacent property

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City of Emeryville, CA 9-7.604

EMERYVILLE CODE

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owners or other interested parties. The Director may approve or disapprove an application or require changes or conditions of approval which, in his or her judgment, are necessary to ensure conformity with the provisions of this article. The Director's decision may be appealed to the Planning Commission.

• (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

To grant a temporary use permit, all of the following findings must be made:

• (a) The proposed use will not adversely affect adjacent properties, their owners and occupants, or the surrounding neighborhood.

• (b) The proposed use will not interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use.

• (c) The proposed use will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas.

• (d) The proposed use will not conflict with the intent or requirements of any design review permit, conditional use permit, variance, or planned unit development applicable to the subject property.

• (e) Appropriate controls are in place that will ensure that the premises will be kept clean, sanitary, and free of litter.

• (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Temporary use permits shall be approved for no longer than the following initial time periods and may be renewed for subsequent time periods of the same duration or less. Each renewal shall require a new application and fee.

• (a) One (1) Time Temporary Uses (as defined in Section 9-2.104(b)(1)):

  • (1) Mobile Food Vendors located on private or public property (i.e., not on a public sidewalk or public street): one (1) year.

  • (2) All other One (1) Time Temporary Uses: sixty (60) days.

• (b) Recurring Temporary Uses (as defined in Section 9-2.104(b)(2)): one (1) year. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Unless waived by the Director, the following conditions of approval shall apply to all temporary use permits. In approving a temporary use permit, the Director may impose any additional conditions that are deemed necessary to make the findings required by Section 9-7.605.

• (a) Any construction or other work shall conform to all applicable codes.

• (b) Fire protection and access for fire vehicles shall be maintained, as specified by the Fire Marshal.

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City of Emeryville, CA 9-7.607

PLANNING REGULATIONS

9-7.609

• (c) All signage shall comply with the sign regulations in Article 16 of Chapter 5.

• (d) The site of the temporary use shall be maintained free of weeds, litter, and debris for the duration of the temporary use.

• (e) The site of the temporary use shall be completely cleaned and all trash, debris, signs, sign supports, and temporary structures and electrical and/or plumbing service shall be removed, within three (3) days following the date specified for termination of the temporary use.

• (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

A temporary use permit issued pursuant to this article shall be subject to suspension, revocation, or modification for the violation of any provisions of this Code or for any grounds which would warrant the denial of the issuance of such original permit. The Director may issue a notice of violation for any failure to comply with any requirement of this article or any condition of the permit. Such notice shall set forth the action necessary to come into compliance and a time frame for compliance. If the noncompliance is not abated, corrected, or rectified within the time specified by the Director in said notice, the Director may revoke, suspend, or modify the permit, upon thirty (30) days' notice. If the Director decides to revoke or suspend the permit, the temporary use shall be removed within thirty (30) days of the Director's decision unless appealed pursuant to Section 9-7.609.

• (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

The Director's decision on a temporary use permit application or revocation may be appealed to the Planning Commission pursuant to Article 14 of this chapter.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

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City of Emeryville, CA

Article 7 Variances

This article is intended to provide a mechanism for relief from the strict application of these planning regulations where strict application would deprive the property owner of privileges enjoyed by owners of similar properties because of the property's unique and special conditions. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

A variance may be granted with respect to dimensional and performance standards, except that certain minor exceptions to standards may be granted pursuant to Article 8 of this chapter, Exceptions to Standards. A variance may not be granted to authorize a use that is not otherwise authorized by these planning regulations, nor may a variance be granted from any standard that is based on requirements of the General Plan, including, but not limited to, floor area ratio, height, or residential density. A deviation from such a General Plan standard requires a General Plan amendment pursuant to Article 12 of this chapter. Personal, family or financial difficulties, loss of prospective profits, and neighboring violations are not hardships justifying a variance. Further, a previous variance can never have set a precedent because each case must be considered only on its individual merits.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

An application for a variance shall be considered by the Planning Commission and shall be filed and processed in accordance with the provisions of Article 2 of this chapter, Common Procedures, including conditions of approval, expiration, extensions, and modifications. In addition to any other application requirements, an application for a variance shall include data or other evidence demonstrating that:

• (a) There are special circumstances or conditions applicable to the property, such as size, shape, topography, location, surroundings, or existing structures, which do not apply generally to uses, land or structures in the vicinity and in the same zoning district.

• (b) Due to the special circumstances applicable to this property, strict application of the regulation from which a variance is sought would deprive the property owner of privileges enjoyed by other property owners in the same zoning district.

• (c) Special circumstances applicable to the property were or are not self-imposed by the property owner.

• (d) Authorization of the variance would substantially meet the intent and purpose of the zoning district in which the subject property is located and would not be detrimental to the health, safety, and general welfare of persons living or working in the neighborhood or to the general welfare of the City.

• (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

To grant a variance, all of the following findings must be made:

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City of Emeryville, CA

PLANNING REGULATIONS

9-7.704

9-7.705

• (a) The proposal for which the variance is sought is consistent with the General Plan.

• (b) Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of these planning regulations would deprive the property owner of privileges enjoyed by the owners of other property in the vicinity and in the same zoning district.

• (c) The variance is necessary for the preservation and enjoyment of substantial property rights possessed by other conforming property in the vicinity and in the same zoning district and the variance, if granted, would not constitute a special privilege of the recipient inconsistent with limitations on other properties in the vicinity and in the same zoning district.

• (d) Granting the variance would not be materially detrimental to the public health, safety, or welfare and would not impair an adequate supply of light and air to adjacent property.

• (e) The conditions upon which the requested variance is based would not be applicable, generally, to other property in the same zoning district.

• (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

The Planning Commission's decision on a variance may be appealed to the City Council pursuant to Article 14 of this chapter.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

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City of Emeryville, CA