§ 36.46

No use that qualifies as a temporary use shall be conducted without a temporary use permit. Uses that do not fall within the categories defined below shall comply with the use and development restrictions and permit review provisions that otherwise apply to the property. The following temporary uses may be allowed:

a.

Construction yards. Contractors' construction yards that are not located on the construction site but are established in conjunction with an approved and ongoing construction project.

b.

Seasonal sales lots. Christmas tree sales lots or the sale of other seasonal products, including pumpkins and temporary residence/security trailers. A permit shall not be required when the sales are in conjunction with an established commercial business holding a valid business license, provided the activity does not consume more than fifteen (15) percent of the total parking spaces on the site and does not impair

emergency vehicle access. Seasonal product sales shall be subject to Chapter 18, City Licenses, of the City Code.

c.

Special events. A temporary event for the consumption, sell, purchase or production of goods, wares or foods on public or private property, which may include temporary structures or tents. All operators of such events must meet building and fire codes and maintain a valid city business license and county health permit, if food-related services are included. Does not include special events approved by the city council, city-sponsored events or mobile vending in accordance with Chapter 15 of the City Code.

d.

Temporary shelters. Temporary shelters for the homeless, food kitchens or other temporary or emergency personal relief services for up to thirty-five (35) days, provided that:

1.

Housing facilities are limited to a maximum capacity of twenty-nine (29) people; and

2.

The facility is provided within an existing structure approved under the Uniform Building and Fire Codes for that use and occupancy.

e.

Temporary work trailers. Trailer, coach or mobile home as a temporary work site for employees of a business up to a maximum of three hundred sixty (360) days:

1.

During construction or remodeling of a permanent commercial or industrial structure when a valid building permit is in force; or

2.

Upon demonstration by the applicant that this temporary work site is a short-term necessity while a permanent work site is being obtained.

f.

Mobile vending (special events only). All mobile vending shall comply with Chapter 15 of the City Code. A temporary use permit is only required for a special event with mobile vending, where:

1.

A single event with mobile vending exceeds four (4) hours in duration during a twenty-four (24) hour period on an individual property or contiguous properties; or

Four (4) or more mobile vendors operate on a single property or contiguous properties at any given time.

g.

Similar temporary uses. Similar temporary uses including, but not limited to, temporary or seasonal recreational uses and day camps which, in the opinion of the zoning administrator, are compatible with the zoning district and surrounding land uses.

(Ord. No. 18.13, § 1, 12/10/13.)

A temporary use permit application shall be filed in compliance with this division, with the following differences:

a.

Illustrations. Sketches or drawings of sufficient size and clarity to show, without further explanation, the following: size and location of the property, location of the adjacent street, location and size of all structures on the site, location of structures on adjacent lots, location and number of parking spaces, and location of any temporary fences, signs, lights or structures to be installed as part of the temporary use;

b.

Statement of operations. A written statement describing the products or services to be provided, hours of operation, days that the temporary use will be on the site, number of people staffing the use during operation, anticipated number of people using the facility during its operation, and other information about the operation of the use including use of any loudspeakers that pertains to the impact of the use on the community or on adjacent uses; and

c.

Letters from adjacent property owners. For off-site construction yards, seasonal sales lots, temporary recreation uses and temporary shelters that are proposed to last more than thirty-five (35) consecutive days per calendar year, a letter(s), signed by the property owner(s) of each property adjacent to the proposed temporary use, shall be submitted to the zoning administrator. The letter(s) shall describe the proposed use and dates and times of operation, and state the adjacent property owner's agreement to the operation of the temporary use as described. When the applicant is unable to obtain these letters from all adjacent property owners, or for any other temporary use proposed to last for more than thirty-five (35) days, the applicant must file an application for a standard conditional use permit. This requirement does not apply to temporary work trailers described in Section 36.46.10.e.

(Ord. No. 18.13, § 1, 12/10/13.)

A temporary use permit application may be approved only if all the following findings are made:

a.

The establishment, maintenance or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working near the proposed use.

b.

The use, as described and conditionally approved, will not be significantly detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the community.

c.

The standards for structure setbacks, heights, floor areas, parking and landscape areas and other structure and property development standards that apply to the category of use or the zoning district of the subject property are generally met. However, the temporary use permit may authorize variation from the specific requirements as may be determined to be appropriate by the zoning administrator. In making these determinations, the zoning administrator shall take into consideration the short time period of the proposed use.

(Ord. No. 18.13, § 1, 12/10/13.)

Upon conclusion or removal of the temporary use, the site shall be cleaned of debris, litter or any other evidence of the temporary use and shall thereafter be used in compliance with the provisions of this chapter. A bond may be required prior to initiation of the use to ensure cleanup after the use has been terminated.

(Ord. No. 18.13, § 1, 12/10/13.)

Decisions of the zoning administrator on temporary use permits may be appealed to the community development director. The community development director shall provide notice by mail to the applicant, to the owner of the subject property and to the owners of all abutting properties at least ten (10) calendar days prior to the hearing. Decisions of the community development director on any appeal may be appealed to the city council pursuant to this division.

(Ord. No. 18.13, § 1, 12/10/13.)

DIVISION 4. - VARIANCES

SEC. 36.46.35. - Variances. SEC. 36.46.40. - Purpose.

Variances allow exceptions from the development standards of this chapter only when there are extraordinary circumstances applicable to the subject property (such as size, shape, topography, location or surroundings) and when the strict application of this chapter denies the subject property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. Any variance granted may be subject to conditions that will ensure that the variance does not constitute a granting of

special privilege(s) inconsistent with the limitations upon other properties in the vicinity and the zoning district in which the property is situated. The power to grant variances does not extend to uses of land or buildings, nonresidential floor area ratios which are specific to the zone district or residential density regulations.

(Ord. No. 18.13, § 1, 12/10/13.)

The zoning administrator may only grant a variance from the following requirements of this chapter:

a.

Dimensional standards, including, but not limited to: distance between structures, parcel area, building coverage, landscape and paving requirements, parcel dimensions, setbacks and structure heights; and

b.

Sign regulations.

(Ord. No. 18.13, § 1, 12/10/13.)

A variance application shall be filed in compliance with this division, with the following differences: (1)

written or graphical documentation of the extraordinary circumstances that apply to the property; and (2) written or graphical documentation of what variations from zoning standards are proposed in response to these circumstances.

(Ord. No. 18.13, § 1, 12/10/13.)

Upon receipt of a complete variance application in proper form, the zoning administrator shall hold a duly noticed public hearing in accordance with Section 36.56 (Applications, Hearings and Appeals).

To ensure effective implementation of general plan policies relating to design, each application for a variance involving any exterior modification shall be reviewed for the design quality of the proposed development in accordance with Section 36.44.70 (Findings) and Division 2 of this Article. The zoning administrator may approve or disapprove the variance, subject to appeal to the city council.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 32, 1/23/24.)

Each variance application shall be analyzed to ensure that the application is consistent with the purpose and intent of this Chapter. Following a public hearing, the zoning administrator shall issue written findings upon which the decision is based, in compliance with state law (Government Code Section 65906). These findings shall be emailed or mailed to the applicant and property owner. The zoning administrator may approve an application, with or without conditions, only if all of the following findings are made:

a.

That there are special circumstances applicable to the property, including, but not limited to, size, shape, topography, location or surroundings, so that the strict application of this Chapter denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. Variances are not available for personal, family, medical and financial hardships, and neighboring violations of this Article are not hardships justifying a variance;

b.

That granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the owner of the property for which the variance is sought;

c.

That granting the variance will not be detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

d.

That granting the variance will not create a special right or privilege not enjoyed by other property owners in the vicinity and zoning district;

e.

That granting the variance is consistent with the general plan; and

f.

The approval of the variance complies with the California Environmental Quality Act (CEQA).

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 32, 1/23/24.)

A variance granted in compliance with the provisions of this section shall continue to be valid upon a change of ownership of the site, business, service, use(s) or structure that was the subject of the permit application provided the new owner/operator agrees in writing to all applicable conditions and operating standards prior to reopening or maintaining the use or structure(s) under the new ownership.

(Ord. No. 18.13, § 1, 12/10/13.)

DIVISION 5. - PLANNED UNIT DEVELOPMENT PERMITS

SEC. 36.46.70. - Planned unit development permits. SEC. 36.46.75. - Purpose.

Planned unit development (PUD) permits afford maximum flexibility and diversity in site planning and structure heights while protecting the integrity and character of the residential, commercial and industrial

areas of the city. The design, configuration and impact of the proposed PUD project shall be compared to the general plan, the purpose and standards of the applicable zone district and any other applicable standards and design guidelines. The PUD permit provides for comprehensive analysis of project-related impacts while allowing for nontraditional or unique site plan design, provided that the zoning administrator finds substantial compliance with the purpose and intent of this chapter.

(Ord. No. 18.13, § 1, 12/10/13.)

The planned unit development permit applies to all zoning districts except the planned community (P) zoning district. Planned unit development permits may be requested under the following circumstances:

a.

In any "M" zoning district where the minimum project area is ten (10) acres;

b.

In any "C" zoning district where the minimum project area is two (2) acres;

c.

In any R1, R2, R3 or R4 zoning district. The following types of development may be approved through a PUD process:

1.

Flag lots in the R1 zone;

2.

Other types of development in the R1 zone which include two (2) or more lots that do not have the required frontage on a public street;

3.

Residential developments (including, but not limited to, small-lot, single-family development, townhouses and rowhouses) in the R2, R3 and R4 zones;

4.

Development projects in any R zone that meet the definition of a PUD and include deviations from setback standards of the zone district; or

5.

Senior care facility in the R1, R2, R3 and R4 zones that warrant flexibility from zoning regulations. Facilities that comply with zoning do not require a PUD.

(Ord. No. 18.13, § 1, 12/10/13.)

In addition to the application requirement of this article, applications for a PUD permit shall include drawings or other illustrations and/or written descriptions that clearly indicate any departures from the development standards of the underlying zone district, explanations regarding why those departures enhance the project and explanations of how the proposed project contributes to the harmonious development of the community. Application materials shall also include a description of how the project achieves the purpose of the underlying zone district, even with the proposed departures from the development standards of the underlying zone.

(Ord. No. 18.13, § 1, 12/10/13.)

Upon receipt of a complete PUD permit application in proper form, the zoning administrator shall hold a duly noticed public hearing in accordance with Division 16 (Applications, Hearings and Appeals) of Article XVI of this Chapter. To ensure effective implementation of general plan policies relating to design guidelines, each application for a PUD permit shall be reviewed in accordance with the zoning administrator authority and development review process in Division 2 of Article XVI of this Chapter prior to the zoning administrator

reaching a final decision or recommendation. All applications shall be accompanied by an application for a subdivision as defined in Chapter 28 of the city code. The review of the PUD permit application shall involve concurrent review of the application for subdivision and disapproval or continuation of one shall constitute disapproval or continuation of the other.

For PUD permits involving fewer than five (5) lots, the zoning administrator has the authority to approve or disapprove the permit, subject to appeal to the city council. For PUD permits involving five (5) or more lots, the zoning administrator shall forward a recommendation to the city council to be scheduled for city council review concurrently with consideration of the proposed subdivision. The city council shall have final authority to approve or disapprove the PUD permit.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 33, 1/23/24.)

Each PUD permit application shall be analyzed to ensure that the application is consistent with the purpose and intent of this Chapter. Following the hearing, the zoning administrator or city council shall issue written findings upon which the decision is based. These findings shall be emailed or mailed to the applicant and property owner. The zoning administrator or city council may impose specific development conditions relating to both on- and off-site improvements that are necessary to mitigate project-related adverse impacts and to carry out the purpose and requirements of the respective zoning district. The zoning administrator or city council may approve a PUD permit, if all of the following findings are made:

a.

The proposed land use(s) are allowed within the subject zoning district;

b.

The site is physically suitable for the type and intensity of the land use being proposed;

c.

The proposed project would be harmonious and compatible with existing and future developments within the zoning district and surrounding area;

d.

In the case of a proposed residential project, the development will constitute a residential environment of sustained desirability and stability and will result in an intensity of land utilization no higher than, and standards of open space no less than, permitted for a similar development within the zone district;

e.

The approval of the PUD permit for proposed project complies with the California Environmental Quality Act (CEQA);

f.

The proposed project is consistent with the general plan;

g.

The location, size, design and operating characteristics of the proposed project are not detrimental to the public interest, health, safety, convenience or welfare of the community; and

h.

The proposed project is in substantial compliance with the intent of requirements of the applicable zone district and implementation of the proposed harmonious and integrated PUD design is superior to standard development in the underlying zone and, therefore, justifies the exceptions to the requirements of this Chapter.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 33, 1/23/24.)

DIVISION 6. - CONDITIONAL USE PERMITS

SEC. 36.48. - Conditional use permits. SEC. 36.48.05. - Purpose.

Conditional use permits allow for activities and uses which are not routinely permitted within the subject zone district and need to be reviewed on a case-by-case basis to determine whether the activity or use is appropriate for a particular location, including its compatibility with existing uses. Any conditional use permit granted may be subject to conditions that will ensure that the use as proposed and conducted will be compatible with the intent of the applicable zone district and other uses in the area.

(Ord. No. 18.13, § 1, 12/10/13.)