Division 10-28.5.4 — TEMPORARY USE PERMITS

A.

This Division establishes the procedures for the review of Temporary Use Permits required by this Code for temporary uses and/or activities that have a short duration, are compatible with adjacent and surrounding uses when conducted in compliance with this Code, and contribute to the objectives of the Downtown Specific Plan, when reviewed and appropriately conditioned in compliance with this Division. Standards for specific temporary uses are identified in Section 3.5.060 (Temporary Uses).

B.

A Temporary Use Permit is required to allow the temporary uses and/or short-term activities specified in Section 3.5.060 (Temporary Uses), unless exempted by Subsection 3.5.060.D.

A.

Application Filing and Processing. The application must be filed with the Director and include the information and materials in the most current Department publication for applications together with the required fee as specified in Section 10-1.2815 (Application) of the Hayward Code. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection 5.4.030 (Findings).

B.

Administrative Options. The Director may approve, conditionally approve, or disapprove a Temporary Use Permit application. The Director's decision must be based on the findings listed in Section 5.4.030 (Findings). For uses not listed in Section 3.5.060 (Temporary Uses), the Director may determine if the use is allowed with a Temporary Use Permit or requires an Administrative Use Permit in compliance with Section 10-1.2715 (Certain Uses Permitted) the Hayward Code.

C.

Conditions of Approval. In approving a Temporary Use Permit application, the Director may impose conditions of approval that are considered reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Section 5.4.030 (Findings). This may include conditions from other City departments (e.g., Public Works) that may have a direct effect on the operation of the temporary use. Conditions may address any pertinent factors affecting the operation of the temporary event or use to ensure the operation of the proposed event or use is temporary in nature.

The Director may approve a Temporary Use Permit subject to making all the following findings:

A.

The location, operation, and time period of the temporary use will not constitute a hazard to the public interest, health, safety, or general welfare.

B.

The operation of the temporary use will not be detrimental to adjoining properties through the creation of excessive dust, light, noise, odor, or other undesirable characteristics.

C.

The site on which the temporary use is proposed is adequate in size and shape to accommodate the temporary use without detriment to the enjoyment of other properties located adjacent to and near the subject property.

D.

Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at an acceptable off-site location.

E.

The location of the temporary use is within private property as authorized by the property owner and will not occur within public right-of-way.

A.

A Temporary Use Permit becomes void if not used within six months following its effective date, or within a shorter time specifically prescribed as a condition of the Temporary Use Permit, or at the expiration of an associated development permit if that occurs at a later time. The Director may extend the time for a maximum period of one additional six-month period only, if an application is filed before the expiration of the six month or shorter time period.

B.

Where the conditions of a Temporary Use Permit have not been or are not being complied with, the Director shall give written notice to the permittee of intention to revoke or modify the Temporary Use Permit and shall set a date for a public hearing with the Planning Commission in compliance with Section 10-1.2820 (Notice) of the Hayward Code upon the proposed revocation or modification. The notice must be served on the owner of the subject property by mailing the notice to the owner at the address shown on the last equalized assessment roll at least 10 days before the date of the hearing, and specify the date, time, and place when and where it will be held. Following the hearing, and if the Director finds that there is good cause the Temporary Use Permit may be modified or revoked.

C.

If a structure or use granted under a Temporary Use Permit is abandoned for a period of 30 days, the Temporary Use Permit expires.

A.

A Temporary Use Permit is valid for up to 180 days in any given calendar year, unless otherwise stipulated in Section 3.5.060 (Temporary Uses) or the Director determines that another time limit is necessary to comply with the findings in Section 5.4.030 (Findings).

B.

The Director may limit the number of Temporary Use Permits approved for each lot in a calendar year to avoid temporary uses becoming effectively permanent uses consistent with the intent of this Division.

A decision for a Temporary Use Permit can be appealed in compliance with Section 10-1.2845 (Appeal and Review Process) of the Hayward Code.