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HomeMy WebLinkAboutZOA 02-81 TEMPORARY USES 1981 r JC` IIXn`• CITY OF PALM DESERT TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of an amendment to the Palm Desert Zoning Ordinance, amending Chapter. 25.64, pertaining to Permitted Temporary Uses. III. APPLICANT: CITY OF PALM DESERT IV. CASE NO: ZOA 02-81 V. DATE: April 23, 1981 VI. CONTENTS: A. Staff Recommendation B. Discussion C. Ordinance No. 296 D. Planning Commission Minutes involving Case No. ZOA 02-81 . E. Planning Commission Resolution No. 693. F. Planning Commission Staff Report dated March 18, 1981 . ----------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass to second reading. B. DISCUSSION: On February 3, 1981 Planning Commission initiated the proposed amend- ment and set a Public Hearing for March 18, 1981 . The amendment was reviewed and unanimously recommended for approval (5-0) , by the Planning Commission at the March 18, 1981 meeting. No one was present to speak during the public hearing portion of the meeting. Commission discussion concerning the length of time certain Temporary Uses may exist, resulted in the proposed 3 consecutive days limit being extended to permit 7 consecutive days. Staff is of the opinion that the proposed amendment will clarify the intent of the Temporary Use section of the Code. Types of uses, number of events per year, and revocation and appeal procedures are now included in the proposed Ordinance. ORDINANCE NO. 256 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, RELATIVE TO PERMITTED TERMPORARY USES. CASE NO. ZOA 02-81 WHEREAS, the City Council of the City of Palm Desert, California, did on the 23rd day of April , 1981 , hold a duly noticed Public Hearing, to consider an amendment of the Zoning Ordinance pertaining to Permitted Tempo- rary Uses. WHEREAS, the Planning Commission, by Resolution No. 693,has recom- mended approval ; and, WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89" , in that the Director of Environmental Services has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration has been prepared; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve a Zoning Ordinance Text Amendment: 1 . That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan. 3. That the Zoning Ordinance Amendment would better serve the public health, safety, and general welfare, than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the considerations of the Council in this case. 2. That it does hereby approve a Zoning Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit "A", to amend Municipal Code Section 25.64, pertaining to Permitted Temporary Uses. 3. That said Negative Declaration is hereby approved. 4. The City Clerk is directed to publish this ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, and shall certify to the passage of adop- tion of this ordinance, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert 4 City Council , held on this _ day of , _, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: S. ROY WILSON, Mayor --ST. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California /pa ORDINANCE NO. 256 EXHIBIT A Page Two CHAPTER 25.64 PERMITTED TEMPORARY USES Sections: 25.64.010 Purpose 25.64.020 Temporary Use Permit required 25.64.030 Application and filing fee _ 25.64.040 Uses permitted subject to temporary use permit 25.64.050 Decision 25.64.060 Appeals of decision 25.64.070 Conditions 25.64.080 Revocation of temporary use permit 25.64.010 PURPOSE. The purpose of this Chapter is to permit. and regulate uses which by their nature are for temporary periods; and are not detrimental to the health, safety and public welfare of the community. 25.64.020 TEMPORARY USE PERMIT REQUIRED. No use mentioned in this Chapter shall be permitted, commenced or engaged in until a written permit, therefore has been obtained from the Zoning Administrator. 25.64.030 APPLICATION AND FILING FEE. Application for a temporary use permit may be made by the property owner or his authorized agent. The application shall be filed with the Zoning Administrator who shall charge and collect a filing fee for each application, as determined by resolu- tion of the City Council . Said application shall be filed at least fifteen (15) days before the date of commencement of the proposed use. 25.64.040 USES PERMITTED SUBJECT TO TEMPORARY USE PERMIT. The following uses require a temporary use permit: a) Carnivals, circuses, special private or public events, for a period of ten (10) days in any calendar year, and such activity may be permitted for up to seven (7) consecutive days at any one time. Certification of the safety of rides and all pertinent equipment for the carnivals, circuses, or similar events, shall be made by a professional engineer registered in the State of California, with such certification being given to the Building Department prior to the commencement of use of the equipment. b) Christmas Tree sales. c) Construction of buildings and storage facilities. Temporary structures or facilities for the housing of tools and equipment or containing supervisory offices in connection with major construction on major construction projects may be established and maintained during the progress of such construction on such project; provided that such temporary facilities may not be maintained for a period to exceed one year, unless a new permit has been obtained from the Zoning Administrator. 1 d) Garage/Yard sales limited to sixty consecutive hours and two such sales in any calendar year. e) Real Estate sales office. One temporary real estate office may be located on any new subdivision in any zone, provided that such office shall be removed at the end of one year, unless a new permit has been obtained from the Zoning Administrator. Said real estate office to be erected only for use in sale of the subdivision in which it is located. / 1 INUTES PALM DESERT PLANNING COMMISSION MARCH 18, 1981 Page Three VI. PUBLIC HEARINGS (cont. ) B. Continued Case No. T 17103 - BPS DEVELOPMENT AND STAN MORSE, Applicants Request for approv 1 of a Tentative Tract Map for 11 lots to allow 65 condo inium units, 144 hotel units, 110,000 square foot comm rcial development and a 5,000 square foot restaurant on at proximately 30 acres within the PR-5 (N) (Planned Resid ntial District, maximum 5 d.u./acre, Natural Factor Overl ) ; PR-5 (N), S.P. (Planned Residential District, maximum 5 d. ./acre, Natural Factor and Scenic Preservation Overlay); P -4 (N) , S. P. (Resort Commercial , Natural Factor and Sceni Preservation Overlays) located at the northeast corner o Deep Canyon Road and Highway 111. Mr. Diaz i dicated that the applicant requested a continuance indefinitely. Staff concurred ith the continuance and it was noted that this request would be readvertised. Chai an Miller opened the Public Hearing and asked if anyone wished to speak in FAVOR OPPOSITION to this case. There was none. otion was made by Commissioner Berkey, seconded by Commissioner Kryder, to conti a this case indefinitely. Carried unanimously (5-0). C. Case No. ZOA 02-81 - CITY OF PALM DESERT, Applicant Request consideration of an amendment to the Palm Desert Zoning Ordinance amending Chapter 25.64, pertaining to Permitted Temporary Uses. Mr. Diaz presented this request stating that the Commission previously reviewed this amendment when they set this public hearing date. He reviewed the the revisions and recommended approval . Commissioner Kryder asked Staff what prompted these amendments. Mr. Diaz explained that Staff was in the process of reviewing and proposing revisions to the Zoning Ordinance; this was part of that process. He felt that the proposed amendments would be an improvement. Chairman Miller opened the Public Hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to this case. . There being none, the Public Hearing was closed. Commissioner Richards felt that three days for a temporary use was not enough time in some cases, and therefore suggested a revision to the Resolution, Exhibit "A" under Section 25.64.040(A) , to read: . . .and such activity may be permitted for up to seven (7) consecutive days at any one time. . . Commissioner McLachlan also felt that "Sporting Events" should be listed under the uses. Mr. Diaz explained that this would not cover sporting events because they do not need approval when its entirely on private property. Motion was made by Commissioner Richards, seconded by Commissioner McLachlan, to recommend approval to the City Council by adoption of Planning Commission Resolu- tion No. 693, as amended. Carried unanimously (5-0). D. C CITY OF PALM DESERT, Applicant Re st consideration of an amendment to the Palm Desert Zonin Ordinance establishing Chapter 25.65, "Model Home Marketi Complexes", regulating model home complexes. Mr. Diaz present this case stating that the Commission previously reviewed the request. Staff recom nded approval . ORDINANCE NO. 2— EXHIBIT "A" Page Three f) Promotional Event-Cultural . Promotional events of any educational , civic, cultural nature, may be permitted without time restrictions except as fixed in the conditions of approval . g) Such other uses as the Zoning Administrator may consider to be within the intent and purpose of this chapter. 25.64.050 DECISION. Application for a temporary use permit shall be reviewed by the Zoning Administrator. The Zoning Administrator shall approve, conditionally approve or disapprove such application. Said permit shall be approved only if it has been found that such proposed use, under the conditions imposed, will not have a substantial adverse effect on the use or enjoyment of property in the neighbor- hood of the proposed use or upon the public health, safety, or general welfare. No formal public hearings need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a permit. 25.64.060 APPEALS OF DECISION. The applicant may appeal the decision of the Zoning Administrator to the Planning Commission within fifteen (15) days after such action or decision in which case the Planning Commission shall have the power of denying or granting such permit and setting forth any applicable conditions relating thereto. No formal public hearing need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a permit. 25.64.070 CONDITIONS. The Zoning Administrator may impose any conditions necessary to assure that said temporary use permit will. not adversely affect adjoining properties or the public health, safety, and general welfare. 25.64.080 REVOCATION. ) The Zoning Administrator may revoke a temporary use permit for violations of conditions of approval or, if it has been found that the continuance of said use is a nuisance or a danger to the public health, safety, or general welfare. Said revocation may be appealed in the manner prescribed in Section 25.64.060 of this chapter. MINUTES PALM DESERT PLANNING COMMISSION MEETING FEBRUARY 3, 1981 Page Two t • • ♦ a • a • • • • • a a : ♦ a a a + + t a ♦ r + r r a • ♦ t • a a a • a ♦ • VI. PUBLIC HE NGS (cont. ) B. Case No. G 01-80 - CITY OF PALM DESERT, Applicant A request for cc 'deration of the General Plan Update and Environmental Impact eports. Mr. Diaz presented this case i icating that staff had been working on this case for a long time and that previous lic Hearings were held. He stated that a summary of the General Plan Update was prov ed to the Commission and reviewed the staff report which included responses to comme s made from the public. He described the proposed changes to the General Pla Update and explained the pro- cedures once this was approved. Staff recommended a roval to the City Council of certification of the EIR and adoption of the General P Update. Commissioner Berkey asked about the use of zone overla with would allow high densities for affordable housing. Mr. Diaz informed him t any area would qualify for high density, but preferrably areas with large acreage d a small number of owners would be more practical . Vice Chairman Kryder opened the Public Hearing and asked if anyone w ed to comment. There being none, the Public Hearing was closed. Motion was made by Commissioner Richards, seconded by Commissioner rkey, to recommend approval to the City Council of certification of the Envir mental Impact Reports by adoption of Planning Commission Resolution No. 680• and, adoption of the General Plan Update by adoption of Planning Commission Reso tion No. 681. Carried unanimously (4-0). C. Case No. ZOA 01-81 - CITY OF PALM DESERT, Ap icant A request for an amendment to Municipal de, Chapter 25.66 regarding the regulation of Home Occu tions. Mr. Diaz explained the proposed amend is to the Home Occupations section and stated why these changes were necessar . He noted a revision to Exhibit "A" section M, should read: "No more than 4 sq.ft. of the dwelling area shall be employed for the home occupation". Vice Chairman Kryder opene the Public Hearing and asked if anyone wished to speak in FAVOR or OPPOSITIO o this case. There being none, the Public Hearing was closed. Motion was made Commissioner Berkey, seconded by Commissioner Richards, to recommend approval f this amendment to the City Council by adoption of Planning Commission Resolut' n No. 682. Carried unanimously (4-0). VII. OLD SINESS - NONE VIII. NEW BUSINESS r A. Proposed Amendments to Zoning Ordinances - Temporary Uses and Model Home Complex. / Mr. Diaz stated that staff was attempting to amend the Temporary Use Permits section for further clarification to provide a method to repeal a TUP and a method of appealing the decision of the Zoning Administrator. He stated that establishing a new Model Home Complex section would also further clarify this section in terms of adequate parking, garage conversion, etc. He asked for minute action to initiate public hearings for the code changes. Vice Chairman Kryder asked if design centers would be included in the Model Homes section. Mr. Diaz replied that it does. Commissioner Richards asked if it determined what would be done to the complexes afterwards. Mr. Diaz replied it did and they would require applicants to bond to insure that they will be returned to a residential use. Minute motion was made by Commissioner Richards, seconded by Commissioner McLachlan, to direct staff to proceed with amendment procedures. Carried unanimously (4-0) PLANNING COMMISSION RESOLUTION NO. 693 A RESOLUTION OF THE PLANNING COi•iNISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT, AMENDING CHAPTER 25.64, PERTAINING TO PERMITTED TEMPORARY USES. CASE NO�/ZOA 02-81 r WHEREAS, �the.P anning Commission of the City of Palm Desert, California, I did on the 18th day of March, 1981 , hold a duly noticed Public Hearing to I consider amendment of Municipal Code Chapter 25.64, pertaining to Permitted Temporary Uses; and, WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the Director of Environmental Services has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration has been prepared; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of a Zoning Ordinance Text Amendment: 1 . That the Zoning Ordinance is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan. 3. That the Zoning Ordinance Amendment would better serve the public health, safety and general welfare, than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and cons- titute the considerations of the Commission in this case; 2. That it does hereby recommend a Zoning Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit "A" , to amend Municipal Code Chapter 25.64, titled "Permitted Temporary Uses". 3. That said Negative Declaration is hereby recommended to the City Council for approval . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of March, 1981 , by the following vote, to wit: AYES: BERKEY, KRYDER, MCLACHLAN, RICHARDS, MILLER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: CHARLES MILLER, Chairman ..n,.n. n.n7 1 . _ . .. _.111 /pa PLANNING COMMISSION RES-cdTION NO. 03 Page Two EXHIBIT "A" CHAPTER 25.64 PERMITTED TEMPORARY USES Sections: 25.64.010 Purpose 25.64.020 Temporary Use Permit required 11,64.030 Application and filing fee 25.64.040 Uses permitted subject to temporary use permit 25.64.050 Decision. 25.64.060 Appeals of decision 25.64.070 Conditions 25.64.080 Revocation of temporary use permit 25.64.010 PURPOSE The purpose of this Chapter is to permit and regulate uses which by their nature are for temporary periods; and are not detrimental to the health, safety and public welfare of the community. 25.64.020 TEMPORARY USE PERMIT REQUIRED. No use mentioned in this Chapter shall be permitted, commenced or engaged in until a written permit therefore has been obtained from the Zoning Administrator. 25.64.030 APPLICATION AND FILING FEE. Application for a temporary use permit may be made by the property owner or his authorized agent. The application shall be filed with the Zoning Administrator who shall charge and collect a filing fee for each application, as determined by resolu- tion of the City Council . Said application shall be filed at least fifteen (15) days before the date of commencement of the proposed use. 25.64.040 USES PERMITTED SUBJECT TO TEMPORARY USE PERMIT. l The following uses require a temporary use permit: a) Carnivals, circuses, special private or public events, for a period of � ten . 10 days in any calendar g.„ram aa-a - ui -+aay-be_p�xmitted for u td seven T)Z ecutive days at�ny_.one_tame.. CErti_#irati mpf the 'safety of rides and all pertinent equipment for the carnivals,- circuses- or similar events,_sha3l_be made by a profe J_=al engi,peer_r_egistered in the State_o.f_Cali.fo inr a, with .such,.c-er-tjfjration_bei"ng_giv_en to the Build_ing_Department prior to the commencement of use of the ei pment. —�� b) Christmas Tree sales. c) Construction of buildings and storage facilities. Temporary structures or facilities for the housing of tools and equipment or containing supervisory offices in connection with major construction on major P Y � construction projects may be established and maintained during the progress of such construction on such project; provided that such temporary facilities may not be maintained for a period to exceed one year, unless a new permit has been obtained from the Zoning Administrator. d) Garage/Yard sales limited to sixty consecutive hours and two dales in any Galen____ der ve_ar. e) Real Estate sales office. .Qne temporary real, estate office may be Iocatec_on_any _new---subd vsa,on_i.n_any_.zone,_provided tfiat-ncT-office $hall be moved at the end of_nna ,year_, �;� P nermit has been obtained from +tieAh� jp ^a^ ' 'ctratnr Said real estate office tr be aus ed only fo_r�se-n_sale_of_Jhe subdivision in which it is located. PLANNING COMMISSION RESOLUTION NO. 693 Page Three �,f) Promotional Event-Cultural . Promotional events of any educational , r civic, cultural nature, may be permitted without time restrictions except as fixed in the conditions of approval . g) Such other uses as the Zoning Administrator may consider to be within the intent and purpose of this chapter. 25.64.050 DECISION. Application for a temporary use permit shall be reviewed by the Zoning Administrator. The Zoning Administrator shall approve, conditionally approve or disapprove such application. Said permit shall be approved only if it has been found that such proposed use, under the conditions imposed, will not have a substantial adverse effect on the use or enjoyment of property in the neighbor- hood of the proposed use or upon the public health, safety, or general welfare. No formal public hearings need be conducted nor any notice given except to the C applicant in connection with the granting or denial of such a permit. 25.64.060 APPEALS Of DECISION. The applicant may appeal the decision of the Zoning Administrator to the Planning Commission within fifteen (15) days after such action or decision in which case the Planning Commission shall have the power of denying or granting such permit and setting forth any applicable conditions relating thereto. No formal public hearing need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a permit. 25.64.070 CONDITIONS. The Zoning Administrator may impose any conditions necessary to assure that said temporary use permit will not adversely affect adjoining properties or the public health, safety, and g�engeral welfare. 25.64.080 'REVOCATIO/N. [ The Zoning Administrator may revoke a temporary use permit for violations of conditions of approval or, if it has been found that the continuance of said „ use is a nuisance or a danger to the public health, safety, or general welfare. 'y Said revocation may be appealed in the manner prescribed in Section 25.64.060 of this chapter. CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report on: Zoning Ordinance Amendment regarding Temporary Use Permits. Applicant: City of Palm Desert Case No: ZOA 02-81 Date: March 18, 1981 I . REQUEST: Consideration of an amendment to the Palm Desert Zoning Ordinance, amending Chapter 25.64, pertaining to PERMITTED TEMPORARY USES. II. BACKGROUND: A. ENVIRONMENTAL ASSESSMENT: The Director of Environmental Services has determined that the proposed project will not have a significant adverse impact on the environment and a Negative Declaration has been prepared. B. CASE INITIATION: The Planning Commission at the meeting of February 3, 1981 , initiated this amendment establishing this date for Public Hearing. III. DISCUSSION: This Ordinance revision is proposed, to clarify and expand on the Temporary Use Permit Chapter of the Municipal Code. Types of uses, number of events per year, and revocation and appeal procedures are now included in the proposed Ordinance. Staff feels the new Ordinance will be an improvement over the existing regulations and protect the interests of the community. IV. STAFF RECOMMENDATION: Based on findings and justification contained in draft Resolution: Recommend approval to the City Council , of an amendment to the Municipal Code, amending Chapter 25.64 pertaining to Permitted Temporary Uses, by adoption of Planning Commission Resolution No. 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 April 2, 1981 CITY OF PALM DESERT LEGAL NOTICE A PROPOSED ZONING ORDINANCE AMENDMENT RELATIVE TO PERMITTED TEMPORARY USES, AND A NEGATIVE DECLARATION OF ENVIRON- MENTAL IMPACT PERTAINING THERETO. CASE NO. ZOA 02-81 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider an Amendment to Municipal Code Chapter .25.64 initiated by the PALM DESERT PLANNING COMMISSION, relative to Permitted Temporary Uses. SAID Public Hearing will be held on Thursday April 23, 1981 , at 7:00 P.M. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post April 9, 1981 PROOF OF PUBLICATION (2010, 2015.5 CCP) PROOF OF PUBLICATION OF ZONING ORDINANC ZOA 02-81 I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer CITY OF PALM DESERT of PALM DESERT POST, a newpaper of LEGAL NOTICE INITIATION BY THE PALM general circulation, printed DESERT PLANNING COM- MISSION OF A ZONING and published daily in the WoMEIN ppNCE AMER: city of Riverside$ County of MITTEDELA TEMPORARY USES FOR WHICH A NEC, Riverside , and which newspaper ATIVE DECLARATION has been adjudged a newspaper of HAS CSE NO. ZOA 02-6D NOTICE IS HEREBY GIV- general circulation by the EN that a Public Hearing will De­ Superior Court of the County of Sert Pa held nn�i7neCommission to Riverside , State of California, °n sLM DESERIT PLAN�JING COMMISSION of an Amerdl under date of October 5, 1964, menl to Municipal Cone ChaF ter 25.64 and relative to Per_ Case number 83658; that the mined Temporary uses for notice, of which the annexed is hasabeen prreparedDeClaratlan a printed copy, has been SAID Wednesdaublic y, Hearing Will lx published heedotwe0p.m. ,March le, in each regular and entire issue ci�cnp 1Inn'ois in t}n Plm ce- Of said newspaper and hot 1n any serf city Flau, es�i�srickl� epr Lane Palm Desert,Cal- supplement thereof on the following place alit Interested time dates, to—wit: hreard.Invited to attend and be RAMON A. DIAZ Secretary 03/5 11981 PalmCam Desert Planning PDPJ/5 I Certify for declare) under penalty of perjury that the foregoing is true and correct. Dated !larch 5, 1981 at Riverside , California CITY OF PALM DESERT i MINUTES PALM DESERT PLANNING COMMISSION page Three MARCH 18, 1981 VI. PUBLIC HEAR11463 (cont.) B. Continued Case No. TT 17103 - BPS DEVELOPMENT AND STAN MORSE, Applicants Request for approval of a Tentative Tract Map for 11 lots to allow 65 condominium units, 144 hotel units, 110,000 square foot commercial development and a 5,000 square foot restaurant on approximately 30 acres within the PR-5 (N) (Planned Residential District, maximum 5 d.u./acre, Natural Factor Overlay) ; PR-5 (N) , S.P. (Planned Residential District, maximum 5 d.u./acre, Natural Factor and Scenic Preservation Overlay); PC-4 (N) , S.P. (Resort Commercial , Natural Factor and Scenic Preservation Overlays) located at the northeast corner of Deep Canyon Road and Highway 111. Mr. Diaz indicated that the applicant requested a continuance indefinitely. Staff concurred with the continuance and it was noted that this request would be readvertised. Chairman Miller opened the Public Hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to this case. There was none. Motion was made by Commissioner Berkey, seconded by Commissioner Kryder, to continue this case indefinitely. Carried unanimously (5-0). C. Case . ZOA 02-81 - CITY OF PALM DESERT, Applicant Request consideration of an amendment to the Palm Desert Zoning Ordinance amending Chapter 25.64, pertaining to Permitted Temporary Uses. Mr. Diaz presented this request stating that the Commission previously reviewed this amendment when they set this public hearing date. He reviewed the the revisions and recommended approval . Commissioner Kryder asked Staff what prompted these amendments. Mr. Diaz explained that Staff was in the process of reviewing and proposing revisions to the Zoning Ordinance; this was part of that process. He felt that the proposed amendments would be an improvement. Chairman Miller opened the Public Hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to this case. . There being none, the Public Hearing was closed. Commissioner Richards felt that three days for a temporary use was not enough time in some cases, and therefore suggested a revision to the Resolution, Exhibit "A" under Section 25.64.040(A) , to read: . . .and such activity may be permitted for up to seven (7) consecutive days at any one time. . . Commissioner McLachlan also felt that "Sporting Events" should be listed under the uses. Mr. Diaz explained that this would not cover sporting events because they do not need approval when its entirely on private property. Motion was made by Commissioner Richards, seconded by Commissioner McLachlan, to recommend approval to the City Council by adoption of Planning Commission Resolu- tion No. 693, as amended. Carried unanimously (5-0) . D. Case No. ZOA 03-81 - CITY OF PALM DESERT, Applicant Request consideration of an amendment to the Palm Desert Zoning Ordinance establishing Chapter 25.65, "Model Home Marketing Complexes", regulating model home complexes. Mr. Diaz presented this case stating that the Commission previously reviewed the request. Staff recommended approval . i CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report on: Zoning Ordinance Amendment regarding Temporary Use Permits. Applicant: City of Palm Desert Case No: ZOA 02-81 Date: March 18, 1981 I . REQUEST: Consideration of an amendment to the Palm Desert Zoning Ordinance, amending Chapter 25.64, pertaining to PERMITTED TEMPORARY USES. II. BACKGROUND: A. ENVIRONMENTAL ASSESSMENT: The Director of Environmental Services has determined that the proposed project will not have a significant adverse impact on the environment and a Negative Declaration has been prepared. B. CASE INITIATION: The Planning Commission at the meeting of February 3, 1981 , initiated this amendment establishing this date for Public Hearing. III . DISCUSSION: This Ordinance revision is proposed, to clarify and expand on the Temporary Use Permit Chapter of the Municipal Code. Types of uses, number of events per year, and revocation and appeal procedures are now included in the proposed Ordinance. Staff feels the new Ordinance will be an improvement over the existing regulations and protect the interests of the community. IV. STAFF RECOMMENDATION: Based on findings and justification contained in draft Resolution: Recommend approval to the City Council , of an amendment to the Municipal Code, amending Chapter 25.64 pertaining to Permitted Temporary Uses, by adoption of Planning Commission Resolution No. I _ _ r G � r CASE NO. Environmental Assessment Form TO THE APPLICANT: Your cooperation in completing this form and supplying the information requested will expedite City review of your application pursuant to the California Environmental Quality Act. The City is required to make an environmental assessment on all projects which it exercises discretionary approval over. Applications submitted will not be considered complete until all information necessary to make the environmental assessment is complete. GENERAL INFORMATION: 1 . Name, address , and telephone number of owner, applicant or project sponsor: C� OF PA.C.Yy` [p6�,��iZT 2. Name, address and telephone number of person to be contacted con- cerning the project (such as architect, engineer, or other repre- sentative): 3. Common name of project (if any): 0ZONl1\JCq C))e12WAh)4Z :2VA cA M Oa-$1 4. Project location (street address or general location) : 5. Precise legal description of property (lot and tract number, or meets & bounds) : 6. Proposed use of the site (project for which the form is filed; describe the total undertaking, not just the current application approval being sought) : 7. Relationship to a larger project or series of projects (describe how this project relates to other activities, phases, and develop- ments planned, or now underway) : 8. List and describe any other related permits and other public approvals required for this project, to go forward, including those required by the City, Regional , State and Federal agencies (indicate sub- s.equent approval agency name, and type of approval required) : EXISTING CONDITIONS: r4 b& 9. Pr\Plland area: (Size of property in sq. ft. or acreage) 10. Prg: (Proposed zoning) : 11 . Geland use designation: 12. Exthe project site: 13. Exon jacent properties: (Example - North, Shopping Center; SoFami Dwellings; East, Vacant, etc. ). 14. Site topography (describe): 15. Are there any natural or manmade d ainage channels through or adjacent to the property? NO YES 16. Grading (estimate number of cubic yar of dirt being moved) : 17. List the number, size and type of trees bei g removed: 18. Describe any cultural , historic, or scenic aspec s of the project site: 19. Residential Project (if not residential do NOT answer) A. Num r and type of dwelling units (Specify no. of bedrooms) : B. Schedule \unit sizes: C. Number of stor es Height feet. D. Largest single b ilding (sq. ft. ) (hgt. ) E. Type of household ize expected (population projection for the project) : F. Describe the number and type of recreational facilities : G. Is there any night lighting o the project: H. Range of sales prices or rents : to $ I. Percent of total project devoted t o- Building . . . . . . . . . . . . . . . . . % Paving, including streets. . . . . . . % Landscaping, Open, Recreation Area % 20. Commercial , Industrial , Institutional or Other Project: A. Type of se(s) and major function(s) (if offices, specify type & nu ber) : B. Number of square feet in total building area: C. Number of stories\ Height feet. D. Largest single buil�'ng (Sq. Ft. ) (Hgt. ) E. Number of square feet in outdoor storage area: F. Total number of required parking spaces , number provided G. Hours of operation: H. Maximum number of clients, trons, shoppers, etc. , at one time: I. Maximum number of employees at ne time: J. If patron seating is involved, s to the number: K. Is there any night lighting of the oject: Yes No L. Percent of total project devoted to: Building . . . . . . . . . . . . . . % Paving, including streets. . . . . . . % Landscaping and Open Space (Recreation). % Are the following items applicable to the project or its effects: Discuss below all items checked yes (attach additional sheets as necessary). YES NO 21 . Change in existing features of hillsides, or substantial alteration of ground contours. N4 22. Change in the dust, ash, smoke, fumes or odors in the project vicinity. 23. Subject to or resulting in soil errosion by wind or flooding. 24. Change in ground water quality or quantity, or alteration of existing drainage patterns. 25. Change in existing noise or vibration level in the vicinity. Subject to roadway or airport, noise (has the required acoustical report been submitted?) V 26. Involves the use or disposal of potentially hazardous materials, such as toxic substances , flammables or explosives. 27. Involves the use of substantial amounts of fuel or energy. 28. Changes the demand for municipal services (police, fire, sewage, etc. ) 29. Changes the demand for utility services , beyond those presently available or planned in the .� near future. 30. Significantly affects any unique or natural features, including mature trees. �► 31 . Change in scenic views or vistas from existing residential areas or public land or public roads. 32. Results in the dislocation of people. YES NO 33. Generates controversy based on aesthetics or other features of the project. [ ] Additional explanation of "yes" answers attached. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation, to the best of my ability, and that the facts, statements and information presented are true and correct to the best of my knowledge and belief. STaN f� 4W Gl't�l of. 69L _,ffi, O��T Name Print or Type For Signature �— Date INITIAL STUDY FEE: $30. 00 (Make check payable to the City of Palm Desert and sub- mit with this form. ) PLANNING COMMISSION RESOLUTION NO. 693 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFO��VTA,_'RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMOT TO TH ZONING ORDINANCE TEXT, AMENDING CHAPTER 25.64, PERTWI�f I�NG TO PERMITTED TEMPORARY USES. CASE NO ZOA 02-81 WHEREAS, anning Commission of the City of Palm Desert, California, did on the 18th day of March, 1981 , hold a duly noticed Public Hearing to consider amendment of Municipal Code Chapter 25.64, pertaining to Permitted Temporary Uses; and, WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89" , in that the Director of Environmental Services has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration has been prepared; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of a Zoning Ordinance Text Amendment: 1 . That the Zoning Ordinance is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan. 3. That the Zoning Ordinance Amendment would better serve the public health, safety and general welfare, than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and cons- titute the considerations of the Commission in this case; 2. That it does hereby recommend a Zoning Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit "A" , to amend Municipal Code Chapter 25.64, titled "Permitted Temporary Uses" . 3. That said Negative Declaration is hereby recommended to the City Council for approval . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of March, 1981 , by the following vote, to wit: AYES: BERKEY, KRYDER, MCLACHLAN, RICHARDS, MILLER NOES: NONE ABSENT: NONE ABSTAIN: NONE CHARLES MILLER, Chairman ATTEST: RAMON A. DIAZ, Secretary /pa PLANNING COMMISSION RES,.-JTION NO. 693 Page Two EXHIBIT "A" CHAPTER 25.64 PERMITTED TEMPORARY USES Sections: 25.64.010 Purpose 25.64.020 Temporary Use Permit required 25.64.030 Application and filing fee 25.64.040 Uses permitted subject to temporary use permit 25.64.050 Decision. 25.64.060 Appeals of decision 25.64.070 Conditions 25.64.080 Revocation of temporary use permit 25.64.010 PURPOSE The purpose of this Chapter is to permit and regulate uses which by their nature are for temporary periods; and are not detrimental to the health, safety and public welfare of the community. 25.64.020 TEMPORARY USE PERMIT REQUIRED. No use mentioned in this Chapter shall be permitted, commenced or engaged in until a written permit therefore has been obtained from the Zoning Administrator. 25.64.030 APPLICATION AND FILING FEE. Application for a temporary use permit may be made by the property owner or his authorized agent. The application shall be filed with the Zoning Administrator who shall charge and collect a filing fee for each application, as determined by resolu- tion of the City Council . Said application shall be filed at least fifteen (15) days before the date of commencement of the proposed use. ( 25.64.040 USES PERMITTED SUBJECT TO TEMPORARY USE PERMIT. t The following uses require a temporary use permit: a) Carnivals, circuses, special private or public events, for a period of ten . (10) days in any calendar year, and such activity may be permitted for up to seven (7) consecutive days at any one time. Certification of the safety of rides and all pertinent equipment for the carnivals, circuses, or similar events, shall be made by a professional engineer registered in the State of California, with such certification being given to the Building Department prior to the commencement of use of the equipment. b) Christmas Tree sales. c) Construction of buildings and storage facilities. Temporary structures or facilities for the housing of tools and equipment or containing supervisory offices in connection with major construction on major construction projects may be established and maintained during the progress of such construction on such project; provided that such temporary facilities may not be maintained for a period to exceed one year, unless a new permit has been obtained from the Zoning Administrator. d) Garage/Yard sales limited to sixty consecutive hours and two such sales in any calendar year. e) Real Estate sales office. One temporary real, estate office may be located on any new subdivision in any zone, provided that such office shall be removed at the end of one year, unless a new permit has been obtained from the Zoning Administrator. Said real estate office to be erected only for use in sale of the subdivision in which it is located. PLANNING COMMISSION RESOLUTION NO. 693 Page Three f) Promotional Event-Cultural . Promotional events of any educational , civic, cultural nature, may be permitted without time restrictions except as fixed in the conditions of approval . g) Such other uses as the Zoning Administrator may consider to be within the intent and purpose of this chapter. 25.64.050 DECISION. Application for a temporary use permit shall be reviewed by the Zoning Administrator. The Zoning Administrator shall approve, conditionally approve or disapprove such application. Said permit shall be approved only if it has been found that such proposed use, under the conditions imposed, will not have a substantial adverse effect on the use or enjoyment of property in the neighbor- hood of the proposed use or upon the public health, safety, or general welfare. No formal public hearings need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a permit. 25.64.060 APPEALS OF DECISION. The applicant may appeal the decision of the Zoning Administrator to the Planning Commission within fifteen (15) days after such action or decision in which case the Planning Commission shall have the power of denying or granting such permit and setting forth any applicable conditions relating thereto. No formal public hearing need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a permit. 25.64.070 CONDITIONS. The Zoning Administrator may impose any conditions necessary to assure that said temporary use permit will not adversely affect adjoining properties or the public health, safety, and general welfare. 25.64.080 REVOCATION. The Zoning Administrator may revoke a temporary use permit for violations of conditions of approval or, if it has been found that the continuance of said use is a nuisance or a danger to the public health, safety, or general welfare. Said revocation may be appealed in the manner prescribed in Section 25.64.060 of this chapter. ' I i 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 February 26, 1981 CITY OF PALM DESERT LEGAL NOTICE INITIATION BY THE PALM DESERT PLANNING COMMISSION OF A ZONING ORDINANCE AMENDMENT RELATIVE TO PERMITTED TEM- PORARY USES. FOR WHICH A NEGATIVE DECLARATION HAS BEEN PREPARED. CASE NO. ZOA 02-81 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider an initiation by the PALM DESERT PLANNING COMMISSION of an Amendment to Municipal Code, Chapter 25.64 relative to Permitted Temporary Uses for which a Negative Declaration has been prepared. of SAID Public Hearing will be held on Wednesday, March 18, 1981, at 1:00, p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all 'interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUCI-ISH: Palm Desert Post March 5, 1981 MINUTES PALM DESERT PLANNING COMMISSION MEETING FEBRUARY 3, 1981 Page Two * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. PUBLIC HEARINGS (cont. ) B. Case No. GPA 01-80 - CITY OF PALM DESERT, Applicant A request for consideration of the General Plan Update and Environmental Impact Reports. Mr. Diaz presented this case indicating that staff had been working on this case for a long time and that previous Public Hearings were held. He stated that a summary of the General Plan Update was provided to the Commission and reviewed the staff report which included responses to comments made from the public. He described the proposed changes to the General Plan Update and explained the pro- cedures once this was approved. Staff recommended approval to the City Council of certification of the EIR and adoption of the General Plan Update. Commissioner Berkey asked about the use of zone overlays with would allow high densities for affordable housing. Mr. Diaz informed him that any area would qualify for high density, but preferrably areas with large acreage and a small number of owners would be more practical . Vice Chairman Kryder opened the Public Hearing and asked if anyone wished to comment. There being none, the Public Hearing was closed. Motion was made by Commissioner Richards, seconded by Commissioner Berkey, to recommend approval to the City Council of certification of the Environmental Impact Reports by adoption of Planning Commission Resolution No. 680; and, adoption of the General Plan Update by adoption of Planning Commission Resolution No. 681. Carried unanimously (4-0). C. Case No. ZOA 01-81 - CITY OF PALM DESERT, Applicant A request for an amendment to Municipal Code, Chapter 25.66 regarding the regulation of Home Occupations. Mr. Diaz explained the proposed amendments to the Home Occupations section and stated why these changes were necessary. He noted a revision to Exhibit "A" section M, should read: "No more than 400 sq.ft. of the dwelling area shall be employed for the home occupation". Vice Chairman Kryder opened the Public Hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to this case. There being none, the Public Hearing was closed. Motion was made by Commissioner Berkey, seconded by Commissioner Richards, to recommend approval of this amendment to the City Council by adoption of Planning Commission Resolution No. 682. Carried unanimously (4-0). VII. OLD BUSINESS - NONE VIII. NEW BUSINESS A. Proposed Amendments to Zoning Ordinances - Temporary Uses and Model Home Complex. Mr. Diaz stated that staff was attempting to amend the Temporary Use Permits section for further clarification to provide a method to repeal a TUP and a method of appealing the decision of the Zoning Administrator. He stated that establishing a new Model Home Complex section would also further clarify this section in terms of adequate parking, garage conversion, etc. He asked for minute action to initiate public hearings for the code changes. Vice Chairman Kryder asked if design centers would be included in the Model Homes section. Mr. Diaz replied that it does. Commissioner Richards asked if it determined what would be done to the complexes afterwards. Mr. Diaz replied it did and they would require applicants to bond to insure that they will be returned to a residential use. Minute motion was made by Commissioner Richards, seconded by Commissioner McLachlan, to direct staff to proceed with amendment procedures. Carried unanimously (4-0) 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 February 26, 1981 CITY OF PALM DESERT LEGAL NOTICE INITIATION BY THE PALM DESERT PLANNING COMMISSION OF A ZONING ORDINANCE AMENDMENT RELATIVE TO PERMITTED TEM- PORARY USES FOR WHICH A NEGATIVE DECLARATION HAS BEEN PREPARED. CASE NO. ZOA 02-81 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider an initiation by the PALM DESERT PLANNING COMMISSION of an Amendment to Municipal Code, Chapter 25.64 relative to Permitted Temporary Uses for which a Negative Declaration has been prepared. SAID Public Hearing will be held on Wednesday, March 18, 1981, at 1:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all 'interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post March 5, 1981 INTEROFFICE MEMORANDUM City of Palm Desert TO: PLANNING COMMISSION FROM: DIRECTOR OF ENVIRONMENTAL SERVICES SUBJECT: PROPOSED AMENDMENTS TO ZONING ORDINANCE DATE: JANUARY 14, 1980 TEMPORARY USES AND MODEL HOME COMPLEX Recent examination of the temporary use permit portion of the City's Zoning Ordinance has disclosed certain problems or shortcomings. 1. The purpose section is not clear and does not really address the types of uses that have been approved or are permitted under this section. 2. While the time limits under the present regulations are clear, the number of times each event may be held are not regulated. 3. Model homes should come under different provisions, therefore, a new ordinance is proposed. 4. Additional clarification of the types of uses permitted should be placed in the ordinance. 5. A method of revocation and appeal of the Zoning Administrator's decision should also be placed in the ordinance. RECOMMENDATION: It is recommended by Staff that the Planning Commission instruct the Staff to begin the process to enact these proposed amendments to the ordinance. L L CI*M A. DIAZ DIR CTOR OF ENVIRONMENT SERVICES /lr I ` J Chapter 25.64 PERMITTED TEMPORARY USES Sections: 25.64.010 Purpose. 25.64.011 Temporary use permit required. 25.64.012 Application and filing fee. 25.64.020 Uses permitted subject to temporary use permit. 25.64.030 App}#eat}en-aRU-##}#Rg-fee. Decision. 25.64.040 Bees*en. Appeals of Decision. 25.64.050 Conditions. 25.64.060 Revocation of temporary use permit. 25.64.010 Purpose. Uses-perm4tted-subjeet-to-a-temperary-use-permit are-these-temporary-aces-wb#eb-are-rega#red-in-the-preeess-of-estab}4shiRg-a perR+#tied-Use,-er-eeRstrdet#RQ-a-pdb}#e-€ae#}#ty--Brick-rises-sha}}-Ue-se-eeRdaeted i tkat-they-w#}}-Ret-ke-detr}raeRta}-#R-any-way-te-tke-sarrebRdiRQ-prepert#es-er-te tke-eeraraaR4ty--49rd--96-�}-�part�,-}9�5e-€xk}k€t-A-`;25-55-}) . 25.64.010 Purpose. The purpose of this Chapter is to permit and regulate uses which by their nature are for temporary periods; and are not detrimental to the health safety and public welfare of the Community. 25.64.011 Temporary use permit required. No use mentioned in this Section shall be permitted commenced or engaged in until a written permit therefore has been obtained from the Zoning Administrator. 25.64.012 Application and filing fee. Application for a temporary use permit may be made by the property owner or his authorized agent. The application shall be filed with the zoning administrator who shall charge and collect a filing fee for each application, as determined by resolution of the City Council . Said application shall be filed at least fifteen 15 days before the date of commence- ment of the proposed use. 25.64.020 Uses permitted subject to temporary use permit. The following uses require a temporary use permit: A. Carnivals, circuses, special events e#-Ret-ever-seventy-twe- eeRseeet4ve-kedrs; for a period of ten days in any calendar year, and no such activity shall be conducted for longer than three consecutive days at any one time. Certification of the safety of rides and all pertinent equipment for the carnivals circuses or special events shall be made by a professional engineer registered in the State of California, with such certification being given to the Building Department prior to the commencement of use of the equipment. B. Christmas Tree Sales C. Construction of Qarage-er-5ked-#er-sdbd4v#sieR-eeRstrde ti eR', buildings and storage facilities. Temporary structures or facilities for the housing of tools and equipment or containing supervisory offices in connection with major construction on major construction projects may be established and maintained during the progress of such construction on such project; provided that such temporary facilities may not be maintained for a period to exceed one year; unless a new permit has been obtained from the Zoning Administrator. D. Garage/Yard Sales limited to sixty consecutive hours and two such sales in any calendar year. E. Mede}-heFaes;-rsede}-kerae-sales-eff*ees; Real Estate Sales Office. One temporary real estate office may be located on any new subdivision in any zone, provided that such office shall be removed at the end of one-year; unless a new permit has been obtained from the Zoning Administrator. Said real estate office to be erected only for use in sale of the subdivision in which it is located. Chapter 25.64 Page Two F. Rafk4RQ-and-stefage-e€-eaftk-Faev4RQ-ef-eeRstfuet4eR-egu4pR+eRt; Promotional Event-Cultural . Promotional events of any educational , civic, cultural nature, may be permitted without time restrictions except as fixed in the conditions of approval . 6---�tefaQe-a#-�atef4a}s-4Rs4deRta}-te-the-saffy4RQ-ell-a€-a-pub}4s wefks-pfejest;-suHd4v4s4eR-ef-saps€�=ust4eR-project; k---Rea}-es€ate-tfaet-sales-off*ee; d---Seek-etkef-uses-as-the-�ZeR4RQ-adrR4Rstfatef-raay-asps#�e�=-to-be- w4tk4R-the-4RteRt-and-pafpese-e€-th4s-ekaptef:-{Bfd:-98-5}-�paft�s-}9Z5=-Exh4h4t A-925735-2) . 25:64-93B-App}4eat4ell-and-€4}4R§-#ee:-App}4eat4on-#er-a-tereperafy-use permit-Feay-ke-made-by-the-property-ewRer-ef-k4s-auther4$ed-agent--The-app}4eat4on sha}}-be-€4}ed-w4tk-tke-sell}RQ-adrR4R4stfatef-wke-ska}}-eka�=Qe-and-ee}}eat-a #4}4RQ-€ee-€ef-each-app}4sat4ally-as-detefra4Red-by-Ease}ut4eR-e#-the-s4ty-seuRs4}. �9fd--93-5}�paft�;-}9Z5--Exk4b4t-A-525-36-3) . 25.64.030 Decision. Application for a temporary use permit shall be reviewed by the Zoning Administrator. The Zoning Administrator shall approve, conditionally approve or disapprove such application. Said permit shall be approved only if it has been found that such proposed use, under the conditions imposed, will not have a substantial adverse effect on the use or enjoyment of property in the neighborhood of the proposed use or upon the public health, safety, or general welfare. No formal public hearings need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a permit. 25.64.040 Bee494eR. App}4eat4on-€er-a-temperary-use-perm4t-sha4}-be rev4ewed-by-the-Zen4RQ-Adm4n4strater:-The-ZeR4ng-Ada+4m4strater-sha}}-approve, eend4t4eRa}}y-approve;-er-disappreve-sueh-app}4eat4en -Appreva}-ef-eend4t4eRa} appfeva}-ska}}-he-Q4yell-ell}y-wkeR-4R-the-judQtaeRt-a€-tke-aep4pg-adR�4R4stfatef such-appfeva}-4s-w4tk4R-the-4RteRt-and-pufpeses-a€-tk4s-ehaptef--{BEd--B3-�} �paft3;-}9Z5:-Exk4h4t-A-S25:36-4) . Appeals of decision. A. The applicant may appeal the decision of the Zoning Administrator to the Planning Commission within fifteen days after such action or decision in which case the Planning Commission shall have the power of denying or granting such permit and setting forth any applicable conditions relating thereto. B. No formal public hearing need be conducted nor any_notice given except to the applicant in connection with the granting or denial of such a permit. 25.64.050 Conditions. lR-appfev4RQ-a-teR+pefafy-use-perm4t7-the-appfeva} ska}}-be-made-suhjeet-te-a-t4�e-}4ra4t-Ret-te-exeeed-s4xty-days;-pfev4ded,-tkat-a pefra4t-€ef-a-tfaet-heave-ef-}et-sa}es-a€€4se-ef-eeRstfuet4eR-s4te-uses-Ray-he-€ef a-pef4ed-Ret-te-exseed-eRe-yeaf:-ExteRs4eRs-ef-fe-exteRs4eRs-away-he-QfaRted-4€ i send}t4eRs-feaaa4R-uRskaRged-Ret-te-exseed-eRe-yeaf. The-€e}}ew4RQ-eeRd4t4eRs-ska}}-he-sells4defed-4R-all-app}4sat4eR-#ef-a- temperafy-use-perma t: A--ReQu}at4eR-a#-heurs; B7-Regu}at4en-a€-}4Qhts; 6--Regu4rerRents-e€-bends-er-ether-guarantees-€er-e}eaRup-er-feraeva}-e€ 5truetufe-er-egu4praent; B--Suek-ethef-seRd4t4eRs-deea+ed-Reeessafy-te-eaffy-eut-tke-4RteRt-and pufpese-a€-th4s-sest4ell--�9fd:-93-5}(.paft3s-}9Z5e-Exk4b4t-A-B25-35-5) . The Zoning Administrator may impose any conditions necessary to assure_ that said temporary use permit will not adversely affect adjoining properties or the public health, safety, and general welfare. Chapter 25.64 Page Three 25.64.060 Revocation . The Zoning Administrator may revoke_a_temporary use permit for violations of conditions of approval or, if it has been found that the continuance of said use is a nuisance or a danger to the' public health, safety, or general welfare. Said revocation may be appealed in the manner prescribed in Section 25.64.041 of this chapter.