Chapter 16.330 — SPECIAL OUTDOOR USE PERMITS

The special outdoor use permit procedure is intended to provide for incidental outdoor uses which may be desirable in the City's commercial districts but which could negatively affect the character and visual appearance of the districts if not properly designed, located or regulated.

(08-05)

Uses listed as permitted uses with a special outdoor use permit in Chapter 16.090 , Incidental Outdoor Uses, may be permitted in all commercial districts subject to the provisions of this chapter. (08-05)

A. Compliance Required

No person shall cause or permit any use contrary to or in violation of any provision of this chapter.

• B. Permit Applications

Applications for a special outdoor use permit shall be made on forms provided by the Department of Community Development. The forms shall be submitted together with any applicable fees and shall be accompanied by plans, exhibits and other material as required by the Director of Community Development.

C. Fees Required

Special outdoor use permit and related fees shall be established by resolution of the City Council.

D. Application Screening

Upon receipt of an application for a special outdoor use permit, staff shall review the application and inform the applicant as to the completeness of the application submittal and of additional materials required, if any.

• E. Notice Requirements

When an application for a special outdoor use permit is deemed complete, the subject property shall be posted with a notice of a request for permit. The property shall be posted for a minimum of 10 calendar days prior to any decision on the application. A notice of a request for a permit shall also be given to the City Council and the Planning Commission 10 days prior to any decision on the application.

F. Review and Decision

All applications are subject to approval by staff. Staff shall act expeditiously on all applications. In reviewing an application, staff shall consider the required findings of this chapter, and shall accordingly approve, approve subject to conditions, or deny the application. A copy of all conditions of approval shall be mailed to the applicant.

G. Periods of Time When Permit Is Void

The special outdoor use permit is an interruptible and terminable permit granted by the City. Staff may void a permit on certain dates to prevent conflicts with community events, filming, street or sidewalk repairs, utility repairs, street closures, other special events, or an excessive amount of outdoor uses in very close proximity to each other at the same time. To the extent possible, the City shall provide prior written notice to the permit holder of any time period during which the permit will be void.

H. Referrals to Planning Commission

An application may be referred to the Planning Commission for determination when staff finds it necessary to ensure consistency with the intent of this chapter and Chapter 16.090 . (08-05)

Staff or the Planning Commission, before granting a special outdoor use permit, shall make the following findings:

• A. The proposed use is conducted by a business located in the building which fronts on the public right-of-way or property where the use is to be located, and the use is in compliance with this title and other City codes, and the use meets the intent of Chapter 16.090 , Incidental Outdoor Uses; and

• B. The proposed use will not adversely affect pedestrian or vehicular traffic, or the public health, safety, or general welfare; and

• C. The proposed use will not have an adverse effect on adjacent property or the permitted use thereof; and

• D. The proposed use is compatible with the quality and character of surrounding development and will visually enhance the appearance of the community; and

• E. The proposed use will not block views, including the view of any display window, or conflict with the City streetscape in the vicinity.

(08-05)

Conditions of approval may be imposed on any special outdoor use permit to ensure that the proposed use will be in accord with the required standards and findings of this chapter, and to ensure the protection of the public health, safety, and general welfare of the community. The permit shall not become effective until all applicable conditions of approval for the permit have been met. All conditions of approval shall be observed throughout the duration of the permit. (08-05)

• A. Planning Commission Review

Any member of the Planning Commission may call up any staff decision regarding a special outdoor use permit for Commission review, provided such a request is made within 10 calendar days after the date of the decision. A Planning Commissioner shall make the request orally at a scheduled meeting, or in writing to the Director of Community Development.

A request for review by a Planning Commissioner shall suspend the effective date of the subject decision until it has been reviewed by the Commission. Such review shall take place no later than the next available Planning Commission meeting. Prior notice of the time and place of the review shall be given to the applicant. The Commission may confirm, modify, or reverse the subject staff decision.

• B. Appeals and City Council Review

In addition to the preceding, an applicant or any other person may appeal, or the City Council may choose to review, any staff or Planning Commission decision regarding a special outdoor use permit pursuant to the procedures in Chapter 16.321 , Appeals and Council Review.

(08-05)

• A. Permit Approval Time Frame

All permits granted under the provisions of this chapter shall be valid for one year and may be renewed annually thereafter.

• B. Renewal Process

Prior to the expiration of a permit, staff shall determine if the outdoor use for which the permit was granted has been in substantial compliance with all applicable standards and conditions of approval during the year. If determined to have been in substantial compliance, the permit shall be renewed upon payment of the renewal fee. If the use is found not to have been in substantial compliance, the permit shall not be renewed and the use shall require approval of a new permit and payment of all applicable fees.

• C. Discontinued Uses

Permits for uses discontinued for a period for 180 days or more shall not be renewed. (08-05)

A special outdoor use permit is transferable to new owners of the business for which the permit was granted. (08-05)

• A. Modification of Approved Plans or Use

The permit shall be granted solely for the purpose specified in the permit. Any changes or revisions to the approved use shall be subject to approval by staff.

B. Revocability of Permit

A special outdoor use permit may be revoked by the Director of Community Development before it expires after three written notices of violation of any applicable standard of this title or condition of approval, or if the use becomes nonconforming. Notice of such revocation shall be in writing and shall specify the cause for revocation. The Director's decision may be appealed to the Planning Commission pursuant to Chapter 16.321 .

C. Enforcement Responsibility

It shall be the duty and authority of the Director, the Director's designees, and the code enforcement officers of the Community Development Department to enforce the provisions of this chapter. (08-05)