(Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)
A. Authority of the Zoning Administrator. Notwithstanding any other provision of this Code to the contrary, the Zoning Administrator shall have the authority to approve the use of a lot in any zone for the temporary use of property which will aid in the immediate restoration of an area adversely impacted by a severe fire, storm, earthquake, similar natural disaster, or a civil or military disturbance, and declared by the Governor as an emergency area if the Zoning Administrator finds:
1. That the nature and short duration of the proposed temporary use assures that the proposed use will not be materially detrimental to the character of development in the immediate neighborhood;
2. That the proposed use will not adversely affect the implementation of the General Plan or any applicable specific plan; and
3. That the proposed use will contribute in a positive fashion to the reconstruction and recovery of areas adversely impacted during the emergency.
In making a determination pursuant to this section, the Zoning Administrator shall balance the public interest and benefit to be derived from the proposed temporary use against the degree, significance of, and temporary nature of the inconvenience to be caused in the area where the temporary use is located. The Zoning Administrator may promulgate regulations and guidelines as are necessary and proper to administer the provisions of this article.
B. Conditions of Approval. In approving the location of any temporary use, the Zoning Administrator may impose those conditions the Zoning Administrator deems necessary to protect the peaceful and quiet enjoyment of nearby properties. The Zoning Administrator shall also require the posting of a completion bond, or other guarantee satisfactory to the Zoning Administrator, to cover the cost of the removal of any improvements made to a site or cleaning of the site after termination of the temporary authorized use.
Furthermore, the Zoning Administrator shall require termination of the temporary use within one year from the date of the approval of the temporary use, the removal of all temporary improvements on the site, and the restoration of the site to a permitted use within a reasonable period of time determined by the Zoning Administrator. Approval of any application for a temporary use shall not result in any vested or nonconforming rights to carry on the temporary use after the term authorized.
The design and improvement provisions of Sections 12.21 A.5. and 6. and the yard requirements of Chapter 1 of this Code shall not apply to temporary permits for public parking in the R Zones. However, in approving permits, the Zoning Administrator may impose those conditions as the Zoning Administrator deems necessary to protect the peaceful and quiet enjoyment of the subject and nearby properties.
C. Revocation. The Zoning Administrator may suspend or revoke any temporary use approval, if the Administrator determines that the temporary use bears no significant relation to the reconstruction and recovery of areas adversely impacted by the emergency, or that the conditions imposed on any temporary use approval have not been complied with, or that an unreasonable level of interference with the peaceful enjoyment of neighboring properties is created by the conduct of any authorized activity.
Prior to the revocation of a temporary use approval, the Zoning Administrator shall give written notice to the record owner or lessee to appear within five days or less (if justified by a threat to public health and safety) at a time and place fixed by the Zoning Administrator and show cause why the temporary use approval should not be revoked or why further conditions should not be imposed.
A determination of the Zoning Administrator pursuant to this subsection may be appealed to the Area Planning Commission on a form prescribed by the Department of City Planning in accordance with the procedures described in this section.
D. Other Permits and Licenses. This article shall not, except as stated here, modify or affect in any way the duty of any applicant to obtain any other permit or license which may be required under any other provision of this Code or state law.
E. Application. An application to permit any temporary use referred to in this article shall be filed with the Department of City Planning upon forms and accompanied by data as the Department of City Planning may require.
The application may be filed by an owner or a lessee and shall be verified by the applicant attesting to the truth and correctness of all facts and information presented with, or contained in the application and shall also be signed by the owner of record of any site where the proposed temporary use will be located.
A copy of any application so filed shall be transmitted by the Department of City Planning to the Councilmember of the district in which the proposed use would be located and to the Department of Transportation for their information.
F. Notice and Hearing. Upon the filing of a verified application, the Zoning Administrator shall set the matter for public hearing. Notice of the time, place, and purpose of the hearing shall be given by mailing a written notice at least 14 days prior to the date of the hearing to the applicant, to the owner of the subject property, to adjoining and abutting property owners, and to property owners directly across the street or alley from the subject property. For this notice the following shall be used: the last known name and address of the property owners as shown upon the records of the City Engineer or the records of the County Assessor. (Amended by Ord. No. 181,595, Eff. 4/10/11.)
An application for a temporary use shall be set for public hearing unless the Zoning Administrator makes written findings, attached to the file involved, that the requested temporary use:
1. will not have a significant effect on adjoining properties or on the immediate neighborhood; or
2. is not likely to evoke public controversy.
G. Time Limit. The Zoning Administrator shall make a determination within 30 days from the filing of a verified application. This time limit may be extended by mutual written consent of the applicant and Zoning Administrator.
H. Fee. An application for an approval pursuant to this section shall not require any filing fee.
I. Decisions by the Zoning Administrator. Decisions by the Zoning Administrator shall be supported by written findings of fact based upon written or oral statements and documents presented to the Zoning Administrator, which may include photographs, maps and plans, together with the results of the Zoning Administrator’s investigations. Upon making a decision, the Zoning Administrator shall forthwith mail a copy of the Zoning Administrator’s written findings and decisions to the applicant, and to the other persons who were required to be notified under Subsection F.
J. Decision Effective and Appeal. The decision of the Zoning Administrator shall become final after an elapsed period of ten days from the date of mailing a copy of the written findings and decision to the applicant. During this period, any person aggrieved by the decision may file a written appeal to the Area Planning Commission. The appeals shall set forth specifically the points at issue, the reasons for the appeal, and how the appellant believes there was an error or abuse of discretion by the Zoning Administrator. No fee shall be charged for this appeal.
K. Failure to Act. If the Zoning Administrator fails to make a decision on a temporary land use application within the time limit specified in Subsection C. of this section, then the applicant may file a request in the Office of Zoning Administration for a transfer of jurisdiction to the Area Planning Commission and for a decision by the Area Planning Commission on the original application. In that case, the Zoning Administrator shall lose jurisdiction and the Area Planning Commission shall assume jurisdiction, provided, however, that the matter may be remanded to the Zoning Administrator or the Area Planning Commission may accept the applicant’s request for withdrawal of the transfer of jurisdiction. In either case, the Zoning Administrator shall regain jurisdiction for the time and purpose specified by the Area Planning Commission.
L. Transfer of Jurisdiction. (Amended by Ord. No. 173,492, Eff. 10/10/00.) When considering any matter transferred to its jurisdiction pursuant to Section 16.02 because of the failure of the Zoning Administrator to act, the Area Planning Commission shall make its decision within 30 days after the request to transfer jurisdiction is filed. All decisions shall become final on the date of mailing a copy of the Area Planning Commission’s decision to the applicant.
M. Record on Appeal. Within five days of receipt of the filing of an appeal, the file of the Zoning Administrator appealed from and the appeal shall be delivered to the Area Planning Commission. At any time prior to the action by the Area Planning Commission on the appeal, the Zoning Administrator may submit supplementary pertinent information the Zoning Administrator deems necessary or as may be requested by the Area Planning Commission.
N. Hearing Date-Notice. Upon receipt of the appeal, the Area Planning Commission shall set the matter for hearing and give notice by mail of the time, place and purpose of the hearing to the appellant, to the applicant, to the owner or owners of the property involved, to the Zoning Administrator and to any other interested party who has requested in writing to be so notified. This notice shall be in writing and mailed at least five days prior to the hearing.
O. Hearing Date-Continuance. Upon the date set for the hearing, the Area Planning Commission shall hear the appeal, unless, for cause, the Area Planning Commission shall on that date continue the matter. No notice of continuance need be given if the order to continue is announced at the time for which the hearing was set.
P. Decision. When considering an appeal from an action by the Zoning Administrator, the Area Planning Commission shall make its decision within 15 days (in the case of a revocation, within 10 days) after the expiration of the appeal period, or within an extended period of time as may be mutually agreed upon in writing by the applicant and the Area Planning Commission. The Area Planning Commission shall base its decision only upon:
(i) evidence introduced at the hearing, or hearings, if any, before the Zoning Administrator, on the issue;
(ii) the record, findings and determination of the Zoning Administrator; and
(iii) the consideration of arguments, if any, presented to the Area Planning Commission orally or in writing.
If an applicant or aggrieved person wishes to offer into the proceedings any new evidence in connection with the matter, a written summary of that evidence, together with a statement as to why that evidence could not reasonably have been presented to the Zoning Administrator shall be filed with the Area Planning Commission prior to the hearing. If the Area Planning Commission fails to act on any appeal within the time limit specified in the subsection, the determination of the Zoning Administrator shall be final.
The Area Planning Commission may modify or reverse the ruling, decision or determination appealed from only upon making findings indicating how the action of the Zoning Administrator was in error or constituted an abuse of discretion and shall make specific findings supporting any modification or reversal. The decision of the Area Planning Commission shall be final as of the date of its determination on the matter. After making a decision, a copy of the findings and determination shall forthwith be placed on file in the City Planning Department and a copy of the determination shall be furnished to the applicant, the appellant and the Department of Building and Safety.