Rancho Palos Verdes Municipal Code § 17.62.070 Appeals

This chapter provides for temporary special uses and developments which may, unless special consideration is given and conditions applied, result in an adverse effect on surrounding properties. Such special consideration and the application of conditions as provided in this chapter is deemed necessary for the protection of property values and the public welfare.

(Code 1981, § 17.62.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

The following uses and developments shall not be initiated or constructed unless a special use permit for said use or development has been issued by the director:

A. Temporary uses of land involving the erection of temporary structures, such as fences, booths, tents or the parking of trailers, for such activities as carnivals, circuses, fairs, festivals, nonprofit fund-raising events, charitable events or religious meetings;

B. Temporary outdoor displays for the sale of Christmas trees, Halloween pumpkins, art objects or other items, other than special sales allowed with a temporary vendor permit pursuant to this chapter;

C. Recycling centers, as defined in chapter 17.96 (Definitions) of this title, in zoning districts in which they are permitted by this title; and

D. Any other similar activity conducted for a temporary period either outdoors, within temporary structures or within single-family residential zoning districts which, as determined by the director, has the potential to result in an adverse effect on surrounding properties.

(Code 1981, § 17.62.020; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

Certain temporary sales activities may be allowed in conjunction with certain established uses without a special use permit, provided the property owner's permission, a business license if required and a temporary vendor permit is obtained by the vendor and there is no evidence that the temporary sales will create an adverse impact on adjacent uses beyond the impact of the primary use of the site. The following such temporary sales may be conditionally approved by the director without hearing or notice through issuance of a temporary vendor permit:

A. Temporary sales of goods and/or food items from a mobile nonmotorized cart or temporary booth in commercial, institutional and open space recreational zoning districts, provided the sales occur in conjunction with legal or legal nonconforming commercial, institutional and recreational uses; the sales occur on the same property as the existing uses; and the sales activity occurs for a period of not more than 30 days out of a 12-month period;

B. Special temporary outdoor sales by an existing retail business, provided the business is a legal or legal nonconforming use located in a commercial zoning district; the sales occur on the same property as the existing business; and the sales activity occurs for a period of not more than 30 days out of a 12-month period; and

C. Temporary outdoor sales held by nonprofit organizations, provided that the sales occur entirely on the property of the nonprofit organization and for a period of not more than 30 days out of a 12-month period.

(Code 1981, § 17.62.030; Ord. No. 320, § 7(part), 1997)

Application for a special use permit or temporary vendor permit shall be made on forms provided by the city and shall include such plans as may reasonably be required by the director for a complete understanding of the proposal, and a filing fee as established by resolution of the city council.

(Code 1981, § 17.62.040; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

Upon determination that an application for a special use permit is complete, the director shall notify the owners of all property and any affected homeowner's association located within a radius of 500 feet from the external boundaries of the property where the special use is proposed to occur, of the application by letter.

(Code 1981, § 17.62.050; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

A. Not sooner than 15 days after the notices are mailed, nor later than 30 days after the application for a special use permit is deemed complete, the director shall either grant, deny or conditionally grant the special use permit, based on the following criteria:

1. That the site is adequate in size and shape to accommodate the proposed special use and/or development;

2. That the proposed special use and/or development would not adversely interfere with existing uses on the subject property; and would not impede or adversely impact pedestrian access ways and/or vehicular circulation patterns;

3. That the proposed special use and/or development would not result in a significant adverse effect on adjacent property; and

4. That by requiring certain safeguards as conditions of approval, the proposed special use and/or development would not be detrimental to the public health, safety and welfare.

B. In granting a special use permit or temporary vendor permit, the director may impose conditions on the permit which are reasonable to ensure that the proposed use or development will comply with the applicable review criteria of this chapter and any other applicable provisions of this title. Noncompliance with any condition of a special use permit or temporary vendor permit shall constitute a violation of the zoning ordinance. Such conditions shall include, but not be limited to:

1. Special setbacks and buffers;

2. Regulation of outdoor lighting;

3. Regulation of points of vehicular ingress and egress;

4. Regulation of noise, vibration, odors, etc.;

5. Regulation of the number, height and size of temporary structures, equipment and/or signs;

6. Limitations on the hours and/or days of the proposed use;

7. If special sales are proposed, limitations on the location where sales may occur, the number of vendors and the scope of goods sold;

8. If necessary, the obtainment of a city business license;

9. If food sales are involved, obtainment of all the appropriate health department permits; and

10. If necessary, fire department review and approval.

C. Upon approval by the director of a special use permit, notice of the decision shall be given to the applicant, any interested person and any affected homeowner's associations, pursuant to section 17.80.040 (Notice of decision by director) of this title.

(Code 1981, § 17.62.060; Ord. No. 78(part), 1975; Ord. No. 90, § 7, 1977; Ord. No. 320, § 7(part), 1997)

The applicant or any interested person may appeal the director's decision on an application for a special use permit to the planning commission and the planning commission's decision to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title. Notwithstanding section 17.80.050(B) (Appeal to Planning Commission) of this title, an appeal of a decision on a special use permit application is not timely if not filed within five days of the date of the notice of the director's or planning commission's decision. No special use permit shall be effective, and no use or development authorized by a special use permit shall be initiated until the appeal period has been exhausted.

(Code 1981, § 17.62.070; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)