(a) The process for reviewing and approving or rejecting the initial application for a Special Use Permit for a Temporary Outdoor Dining Facility, Transient Business, or Food Truck shall be as follows:
(1) The City Manager shall review the application within ten working days of the receipt thereof to determine the completeness of the application.
(2) If the application is found to be incomplete, the applicant will be so advised and asked to submit the necessary information. Upon receipt thereof, the City Manager will review such complete application in conformance with the following.
(3) If the application is determined to be complete, the City Manager shall, within ten working days: inspect the premises for purposes of determining the appropriateness of the site being considered; determine if the application complies with the applicable provisions of the Zoning Code; determine the potential impact of the proposal on the surrounding neighborhood; and, determine if the application is otherwise in compliance with this chapter.
(b) A Special Use Permit for a Temporary Outdoor Dining Facility, Transient Business, or Food Truck may be granted by the City Manager if, after reviewing the application required herein, the City Manager determines that the proposed operation conforms with the applicable provisions of the Zoning Code, has little or no physical or visual impact on the surrounding neighborhood, and meets the conditions set forth in this chapter.
(c) Alternatively, the City Manager may refer the application to the Architectural Review Board and/or the Planning Commission for review, comment, and recommendation. The Architectural Review Board and/or the Planning Commission shall make a recommendation to the City Manager as to the appropriateness of the proposed use and may also recommend that modifications be made to the application that, in its/their judgment, ensure that the operation of the Temporary Outdoor Dining Facility, Transient Business, or Food Truck will not negatively impact the surrounding neighborhood and/or the community or that otherwise ensure conformance with the objectives of Section 1188.01.
(1) Additional time shall be afforded to the City Manager to obtain input from the Architectural Review Board and/or the Planning Commission if so needed.
(d) If, based on the review of the application and any input from the Architectural Review Board and/or the Planning Commission, it is the opinion of the City Manager that the proposed Temporary Outdoor Dining Facility, Transient Business, or Food Truck fails to comply with the applicable provisions of the Zoning Code, or if it is determined that the use will have a significant physical or visual impact on the surrounding neighborhood, or if the application fails to meet the requirements of this Chapter, the City Manager shall deny the Special Use Permit.
(Ord. 19-2020. Passed 11-16-20.)