Chapter 11.58 — TEMPORARY USE PERMITS

This Chapter 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.

(Ord. No. 1624)

Approval of a temporary use permit is required for uses specifically identified in Section 11.32.300, Temporary Uses, and/or any other section of this Code that requires a temporary use permit.

(Ord. No. 1624)

(a) Application. Applications for temporary use permits shall be filed with the Planning Department on the prescribed application forms in accordance with the application procedures in Chapter 11.53, Common Procedures. Applications for type 1 temporary use permits require public notification and therefore should be submitted at least 60 days before the use is intended to begin. An application for a type 2 temporary use permit shall be submitted at least 30 days before the use is intended to begin.

(b) Decision-making authority.

(1)

Type 1 temporary use permits. Upon determining the application as complete and receipt of draft conditions from other departments within CDSA (if applicable), the Zoning Administrator shall provide notice of the proposed action to the applicant and all property owners of record within a 300 (VGB) or 1,000-foot radius of the subject property as shown on the latest available assessment role at least ten days prior to the date of action. Notice shall also be posted within the CDSA Department.

a.

If a request for public hearing is not received by the date of action indicated in the notice, the Zoning Administrator shall approve, conditionally approve, or deny the request the following business day. A copy of the written determination shall be submitted to the applicant and posted in the CDSA Department for a minimum of ten days.

b.

Requests for a public hearing shall be made to the Planning Department in writing on a form prescribed by the Planning Department and accompanied by a fee as established by the Board of Supervisors. Requests for public hearing shall be made prior to the date of action listed on the public notice.

The Zoning Administrator shall schedule and notice the permit for a public hearing by the Development Review Committee within 30 days of receipt of the request for public hearing.

(2)

Type 2 temporary use permits. Within ten days of accepting an application for a temporary use permit as complete, the Zoning Administrator shall render a written decision. The decision shall be mailed to the applicant and posted in the CDSA Department.

(Ord. No. 1624)

The Zoning Administrator may approve an application for a temporary use permit only upon making both of the following findings:

(1)

The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, 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 County;

(2)

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; and

(3)

The proposed use complies with any applicable design or development standards of Section 11.32.300, Temporary Uses and Special Events.

(Ord. No. 1624)

The Zoning Administrator may impose reasonable conditions deemed necessary to ensure compliance with the findings for a temporary use permit listed in Section 11.58.040, Required Findings for Approval, above, including, but not limited to: setbacks and height restrictions; regulation of ingress and egress and traffic circulation; fire protection and access for fire vehicles; regulation of lighting; regulation of hours and/or other characteristics of operation; and removal of all trash, debris, signs, sign supports and temporary structures, and electrical service. The Administrator may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 1624)

The temporary use shall be limited to the dates and times (or period of time), nature, and extent prescribed by the Zoning Administrator.

(Ord. No. 1624)

CHAPTER 11.59 - VARIANCES