A.

The purpose of this chapter is to establish regulations for the approval and control of interim uses in the Baylands Subarea, in accordance with Policy Number 332 of the general plan, until such time as redevelopment of the area occupied by the interim use is implemented through the construction of improvements for the permanent uses.

B.

This chapter shall apply only to the Baylands Subarea of the city, as identified and described in the general plan and more particularly shown on Figure 1 at the end of the ordinance codified in this chapter, which is incorporated herein by reference. Nothing in this chapter shall be construed or interpreted as authorizing the conduct of an interim use in any other zoning district of the city.

(Ord. 405 § 1(part), 1996).

A.

For the purposes of this chapter, the term "interim use" means a use that is not expressly authorized under the redevelopment plan or any adopted specific plan for the Baylands Subarea or any portion thereof, or any other zoning regulations applicable to such area or any portion thereof, provided such use is not an expressly prohibited use as described in Section 17.41.030 of this chapter or in the general plan.

B.

Any existing use that was operating in the Baylands Subarea as a lawfully established conditional use prior to May 1, 1991, which thereafter became a nonconforming use as a result of the use permit having expired and not being capable of renewal under the current zoning regulations, shall not be considered an expressly prohibited use as described in Section 17.41.030, but the continuation of such use shall require the issuance of an interim use permit pursuant to this chapter.

(Ord. 405 § 1(part), 1996).

The following uses are declared to be expressly prohibited in the Baylands Subarea as interim uses:

A.

The manufacture, processing, handling, treatment, transportation, recycling, or storage of hazardous, toxic, flammable or explosive materials or wastes in any quantity for which a permit is required from any governmental agency;

B.

The dumping, processing, sorting, recycling, recovery, or storage of garbage, debris, scrap materials, or similar items. This provision shall not include the recycling of concrete or brick and the storage and processing of soils, rock, and other similar materials;

C.

Any use that creates unsightly visual impacts or the appearance of blight as seen from any other location within the city, including, but not limited to, uses such as automotive dismantling and wrecking yards, junk yards, outside storage of used equipment, trailers, or vehicles not being offered for sale, and outside storage of glass, metal, paper, cardboard, or other material collected for recycling or disposal, except as otherwise permitted under Section 17.41.030(B);

D.

Uses commonly associated with heavy manufacturing operations, including, but not limited to, uses such as concrete or asphalt batch plants, foundries and other activities involving the fabrication of metal products from raw materials, processing of chemicals, and the rendering or refining of oils or animal materials;

E.

Commercial parking lots, as defined in Chapter 17.02;

F.

Any other use not described in the preceding subsections of this section that is determined to be:

1.

Potentially obnoxious, dangerous, or offensive by reason of emission of air pollution, odor, smoke, noise, dust, vibration, glare or heat, or by reason of other impacts or hazards relating to the materials, process, or methods employed by the use, or

2.

Potentially harmful as a result of discharges of any waste material into the ground, or into any sanitary or storm water sewer system, or into any drainage channel, wetland, the Brisbane Lagoon, or the San Francisco Bay.

(Ord. 428 § 3, 1998: Ord. 405 § 1(part), 1996).

No interim use shall be established or operated within the Baylands Subarea without an interim use permit having first been granted pursuant to this chapter to the owner of the property on which the interim use will be located and to the operator of the use, if the owner and the operator are not the same person.

(Ord. 405 § 1(part), 1996).

A.

Application for an interim use permit shall be submitted to the planning director. The application shall be signed by the owner of the property on which the interim use will be located and by the operator of the use. The application shall contain such information concerning the proposed use as may be required by the planning director and shall be accompanied by the payment of an application fee in such amount as established from time to time by resolution of the city council. The planning director shall make an investigation of the application and shall prepare a report thereon to the planning commission.

B.

The planning commission shall conduct a public hearing on the application for the interim use permit. Notice of the hearing shall be given by mail not less than ten (10) days prior to the date of the hearing to all persons whose names appear on the latest available assessment roll of the county as owning property within three hundred (300) feet from the location where the interim use will be conducted. Notice of the hearing shall also be posted at each of the regular locations in the city where notices of public hearings are posted, not less than ten (10) days prior to the date of the hearing.

(Ord. 405 § 1(part), 1996).

The planning commission may grant the interim use permit as applied for or in modified form if, on the basis of the application and the evidence submitted, the commission makes all of the following findings:

A.

That the proposed interim use and the conditions under which it would be operated will not be detrimental to the public health, safety or welfare, or injurious to properties or improvements in the vicinity;

B.

The proposed interim use will not create any significant unmitigated adverse environmental impacts, as determined by an environmental analysis pursuant to the California Environmental Quality Act;

C.

The proposed interim use will not obstruct, interfere with, or delay the intended redevelopment of the property in accordance with the uses anticipated in the general plan or any adopted specific plan applicable to the site;

D.

All public utilities and other infrastructure improvements required in order for the interim use to be conducted in a safe, sanitary, and lawful manner are either available at the site or shall be installed by the applicant, prior to occupancy, in a manner approved by the city engineer;

E.

The use will provide either or both of the following benefits:

1.

A benefit to the property, including, but not limited to, the elimination of blight or unsightly or hazardous conditions, or the installation of improvements that will facilitate redevelopment of the property, or

2.

A benefit to the public, such as the creation of jobs or revenues or the provision of needed goods or services.

F.

In accordance with Policy No. 328.2 of the general plan, a program will be established by the operator of the interim use to encourage employment of Brisbane residents, to the extent it is reasonably possible to do so, in the construction and operation of the interim use. Implementation of such program shall be made a condition of the interim use permit.

(Ord. 405 § 1(part), 1996).

The planning commission may either grant or deny the application for the interim use permit. If granted, the planning commission may impose such conditions and requirements as it deems appropriate in order to make all of the findings prescribed in Section 17.41.060, but the following mandatory conditions shall be included in every interim use permit:

A.

If the use is being operated by a person other than the owner of the property, the permit shall require both the owner and the operator to furnish the city with an agreement (or a copy of a lease containing such agreement) that: (i) the operator's right to possession of the premises for the purpose of conducting the interim use is dependent upon the interim use permit having been granted and maintained in full force and effect; and (ii) the operator's right to possession of the premises for the purpose of conducting the interim use will terminate upon any expiration or revocation of the interim use permit; and (iii) it shall be the responsibility of the owner to terminate the operator's possession of the premises upon any expiration or revocation of the interim use permit if the operator continues to utilize the premises for the conduct of such interim use.

B.

Each permittee shall be jointly and severally liable for all costs and expenses, including attorneys' fees, the city may incur to enforce the conditions of the interim use permit upon any breach thereof by the permittee, or to abate and remove the interim use upon any failure by the permittee to discontinue such use, or to evict the operator of such use, upon the expiration or revocation of the interim use permit.

In addition to the mandatory conditions described in subsections (A) and (B) of this section, the commission shall also have discretion to require the posting of a cash deposit, bond, or other security to assure compliance by the permittee with the conditions of the interim use permit, including the obligation to terminate and remove the interim use upon expiration or revocation of the permit.

(Ord. 405 § 1(part), 1996).

A.

Each interim use permit issued by the planning commission pursuant to this chapter shall have an initial term of not more than five (5) years from the date on which the approval of such permit became final. Unless appealed to the city council, the decision of the planning commission with respect to permits having a term not exceeding five (5) years shall be final.

B.

The applicant may elect to apply for a permit having an initial term in excess of five (5) years, in which event the same proceedings shall be conducted by the planning commission and upon the conclusion thereof, the planning commission shall make a recommendation on the permit application to the city council. The recommendation shall be considered by the city council at a public hearing, with notice thereof given in the same manner as prescribed in Section 17.41.050(B). The city council may adopt, reject, or modify the recommendation of the planning commission and may grant the interim use permit if the council is able to make all of the findings prescribed in Section 17.41.060 of this chapter. If the permit is granted, the city council shall establish the initial term of the interim use permit, which may be any length of time the council deems appropriate.

C.

Upon the expiration of the initial term of the interim use permit, as established by either the planning commission or the city council, the permit shall automatically expire without action of any kind unless the permit is extended in accordance with subsection (D) of this section. Applications for extension must be filed prior to the expiration date of the original permit, or the expiration of any extension thereof.

D.

Unless the original permit was expressly declared to be nonrenewable, the interim use permit may be extended for additional terms of not more than five (5) years each if the approving authority makes all of the findings set forth in Section 17.41.060 as of the time of each renewal. The approving authority for each extension shall be the zoning administrator unless, with respect to any individual permit, the planning commission or the city council specifies itself as the approving authority for any or all extensions of that permit. Where the zoning administrator is the approving authority, he or she may refer any application for extension to the planning commission for action thereon if the zoning administrator determines that special problems or circumstances may exist with regard to the proposed extension. There is no vested right or legal entitlement to an extension and the decision on any application for extension shall be within the sole discretion of the approving authority.

(Ord. 405 § 1(part), 1996).

The authority granting the original interim use permit (either the planning commission or the city council) shall, in all cases, retain continuing jurisdiction over each such permit and may, at any time, either on its own initiative or in response to an application or request to do so, modify or delete any conditions of the permit or impose any new conditions if necessary in order to preserve the public health, safety and welfare, or to prevent the creation or continuance of a public nuisance, or where such action is necessary to preserve or restore any of the findings set forth in Section 17.41.060. A public hearing on the proposed modification to the permit conditions shall be conducted and notice thereof shall be given in the same manner as prescribed in Section 17.41.050(B).

(Ord. 405 § 1(part), 1996).

An interim use permit may be revoked upon a determination by the authority granting the original permit (either the planning commission or the city council) that the holder of such permit has failed to comply with any of the conditions thereof or has violated any applicable provision of this title. A public hearing on the revocation shall be conducted and notice thereof shall be given in the same manner as prescribed in Section 17.41.050(B).

(Ord. 405 § 1(part), 1996).