Fresno Municipal Code Art. 54 Temporary Use Permits

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

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A. Temporary Use Permit approval is required for temporary uses as described in Section 15-2760-B, Temporary Uses Requiring a Temporary Use Permit.

B. If the Director determines that the application is subject to review under CEQA and the project does not qualify for an exemption pursuant to State law or CEQA Guidelines, the Temporary Use Permit shall be processed as a Conditional Use Permit application, pursuant to Article 50, Common Procedures, and Article 53, Conditional Use Permits.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

The Director shall approve, conditionally approve, or deny applications for Temporary Use Permits based on consideration of the requirements of this article. The Director may refer an application for a Temporary Use Permit to the Planning Commission if the Director finds that the temporary use may have substantial and detrimental impacts to surrounding land that warrant Commission review.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

An application for a Temporary Use Permit shall be submitted at least 30 days before the use is intended to begin. The application shall be on the required form and include an operational statement and the written consent of the owner of the property or the agent of the owner.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Public notice shall not be required.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Within 10 days of accepting an application for a Temporary Use Permit as complete, the Director shall render a written decision per Section 15-5009, Notice of Action.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

The Director may approve an application for a Temporary Use Permit upon making both of the following findings:

A. The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City; and

B. The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use, and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas or a parking management plan.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

The Director may impose reasonable conditions deemed necessary to ensure compliance with the findings for a Temporary Use Permit listed in Section 15-5407, Required Findings, including, but not limited to:

A. Regulation of ingress and egress and traffic circulation; valet or off-site parking; fire protection and access for fire vehicles; regulation of lighting and noise; regulation of hours and/or other characteristics of operation; removal of all trash, debris, signs, sign supports, and temporary structures; and electrical service.

B. Time limits, as follows:

1. Time limits prescribed in Section 15-2760-B, Temporary Uses Requiring a Temporary Use Permit.

2. Unless otherwise prescribed in this Code, the Director shall prescribe the duration of the use, however in no case shall a Temporary Use exceed 30 consecutive days or a total of 60 days in a one year period.

(Added Ord. 2015-39, § 1, eff. 1-9-16).