In certain districts, conditional uses are permitted subject to the granting of a use permit. Because of their unusual characteristics, conditional uses require special considerations so that they may be located properly with respect to the objectives of the zoning code and their effects on surrounding properties. In order to achieve these purposes, and thus give the district use regulations of this title additional flexibility necessary to achieve the objectives of this title, the city council is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon the granting of use permits.

(Ord. 437 § 1 (part), 1989)

The city council may grant use permits for such conditional uses in such districts as are prescribed in the district regulations of this title, in accordance with the procedure prescribed in this title.

(Ord. 437 § 1 (part), 1989)

Application for a use permit shall be made to the community development department, which shall include the following data:

1. Name and address of applicant.
2. Statement that the applicant is the owner of the property or is the authorized agent of the owner or the plaintiff in an action of eminent domain to acquire the property involved.
3. Address or description of the property.
4. Statement setting forth the precise circumstances or conditions applicable to the land, structure or use which makes the granting of a use permit necessary for the preservation and enjoyment of a substantial property right, together with any other data pertinent to the findings prerequisite to the granting of a use permit.
5. A drawing of the site and the surrounding area for a distance of at least three hundred feet from each boundary of the site showing the existing locations of streets and property lines and a list of the names and last known addresses of the recorded legal owners, as shown on the latest adopted assessment roll of Tulare County, of all properties shown on the drawing. County assessor's maps may be used for this purpose.
6. Preliminary floor plans and front, side and rear elevations of proposed structures, if available.
7. Nine prints of a site plan, drawn to scale, which shall indicate clearly and with full dimensions, the following information:
   1. Dimensions. Lot or site dimensions.
   2. All Buildings and Structures. Location, size, height, proposed use.
   3. Yards. Yards and space between buildings.
   4. Walls and Fences. Location, height and materials.
   5. Off-Street Parking and Off-Street Loading. Location, number of spaces and dimensions of parking and loading areas, internal circulation pattern.
   6. Access. Pedestrian, vehicular, service; points of ingress and egress; internal circulation.
   7. Signs. Location, size, height and type of illumination, including hooding devices.
   8. Lighting. Location and general nature; hooding devices.
   9. Streets. Street dedications and improvements.
   10. Landscaping. Location and type.
   11. Refuse Containers. Location and type.
   12. Other Data. Such other data as may be required by the city council to make the required findings.
8. The site plan shall fulfill all requirements of Chapter 18.18, and shall be so prepared by the applicant to enable the city council to make the following findings:
   1. All applicable provisions of this title are complied with.
   2. The following are so arranged that traffic congestion is avoided and pedestrian and vehicular safety and welfare are protected and there will be no adverse effect on surrounding property:
      1. All facilities and improvements.
      2. Vehicular ingress, egress and internal circulation.
      3. Setbacks.
      4. Height of buildings.
      5. Location of utilities and other services.
      6. Walls.
      7. Landscaping, including screen landscaping and street trees.
      8. Drainage of site.
      9. Trash enclosures and refuse pickup.
   3. Proposed lighting is so arranged as to deflect the light away from adjoining properties.
   4. Proposed signs will comply with all applicable provisions of Chapter 18.14. In making the above findings, the city council shall determine that approvals will be consistent with established legislative policies with respect to traffic safety, street dedication and street improvements.
9. The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of handling the application as prescribed in this chapter.

(Ord. 437 § 1 (part), 1989)

The city council shall hold a public hearing on each application for a conditional use permit. The public hearing shall be held within forty-five days after the applicant submits complete application materials as required under Section 18.17.030. Additional application review time may also be required for staff to conduct environmental impact review, consistent with the requirements of the California Environmental Quality Act and Section 18.18.070. Notice of the public hearing shall be given not less than ten days nor more than twenty-five days prior to the date of the hearing by: (1) mailing postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the property owners list submitted with the application; and (2) by publishing a notice at least once in a newspaper of general circulation in the city.

(Ord. 486 § 20, 1997: Ord. 437 § 1 (part), 1989)

At the public hearing, the city council shall review the application and the statement and drawings submitted therewith, and shall receive pertinent evidence and testimony concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 18.17.070.

(Ord. 437 § 1 (part), 1989)

The community development director shall give written notice to the applicant of the time when the application will be considered by the city council.

(Ord. 437 § 1 (part), 1989)

The city council shall act on the application within thirty days following the closing of the public hearing. The council may grant an application for a conditional use permit as the use permit was applied for or in modified form if, on the basis of the application and the evidence submitted, the council makes all of the following findings:

1. That there are circumstances or conditions applicable to the land, structure or use which makes the granting of a use permit necessary for the preservation and enjoyment of a substantial property right.
2. That the proposed location of the conditional use is in accordance with the objectives of the zoning code and the purposes of the district in which the site is located.
3. That the proposed use will comply with each of the applicable provisions of this title.

A use permit may be revocable, may be granted for a limited time period or may be granted subject to such conditions as the council may prescribe. The council may deny an application for a use permit. A use permit may not grant variances to the regulations prescribed by this title for which variance procedures are prescribed by Chapter 18.21 of this title. A use permit shall become effective immediately after it is granted by the council.

(Ord. 437 § 1 (part), 1989)

In approving a conditional use permit, the city council shall, in its resolution, state those conditions of approval necessary to protect the public health, safety and general welfare. Such conditions may cover any of the considerations listed in Section 18.18.040 of this title.

(Ord. 437 § 1 (part), 1989)

Before a building permit shall be issued for any building or structure proposed as part of the approved conditional use permit application, the community development director shall determine that the proposed building location, facilities and improvements are in conformity with the site plan and conditions approved by the city council.

(Ord. 437 § 1 (part), 1989)

A use permit shall lapse and become void one year following the date on which the use permit became effective unless by conditions of the use permit, a lesser or greater time is prescribed in accordance with Section 18.17.110, or unless prior to the expiration of one year, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application. A use permit may be renewed for an additional period of one year or for a lesser period as prescribed in Section 18.17.110, provided that, prior to the expiration of the time period granted, an application of renewal of the use permit is filed with the community development department. The city council may grant or deny an application for renewal of a use permit. A conditional use permit approved concurrently with a tentative map shall have the same approval term, expiration date, and extension terms as the tentative map. The city council may also establish a different approval term for a conditional use permit approved concurrently with a tentative map, based on the circumstances of the application.

(Ord. 486 § 21, 1997: Ord. 437 § 1 (part), 1989)

The city council may establish a lesser or greater time limit than that provided by Section 18.17.100, within which the subject property and use or any stage or phase thereof shall be commenced and completed. The time limits set by the council shall be reasonable, based on the size, nature and complexity of the proposed development. Said time limit may be extended by the council for good cause, such as proof of an unusual hardship not of the applicant's own making.

(Ord. 437 § 1 (part), 1989)

1. A conforming conditional use established prior to enactment of this title shall be permitted to continue.
2. A conditional use permit granted under the provisions of the Tulare County zoning ordinance and amendments thereto prior to the enactment of this title shall, upon the annexation of the property affected to the city, become null and void at the end of six months following the date of its original approval or extension thereof granted by the county prior to the annexation, unless a building permit has been issued by the county and construction has commenced. Alteration or expansion of a conditional use established prior to enactment of this title may be permitted upon the granting of a use permit. Accessory structures may be permitted under the provisions of Chapter 18.16.
3. A use permit shall be required for the reconstruction of a structure housing a conditional use established prior to enactment of this title if the structure is destroyed by fire, or other calamity, or by act of God, or by the public enemy, to the extent of sixty percent or more. The extent of damage or partial destruction shall be determined by the building official on the basis prescribed in subsection 18.15.080(G), of this title.

(Ord. 437 § 1 (part), 1989)

Upon violation of any applicable provisions of this title, or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a use permit shall be suspended automatically. Notice of such suspension shall be sent immediately to the person or persons responsible for noncompliance by the community development department. Within thirty days of the suspension, the city council shall consider the suspension. If not satisfied that the regulation, general provision, condition or conditions are being complied with, the city council may revoke the use permit or take such action as may be necessary to ensure compliance with the regulation, general provision, condition or conditions.

(Ord. 437 § 1 (part), 1989)

A use permit shall be indicated on the zone plan by a number located on or pointing to the site of the conditional use (e.g., CUP # ).

(Ord. 437 § 1 (part), 1989)

Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within six months from the date of denial or revocation of the use permit, except when the city council "without prejudice."

(Ord. 437 § 1 (part), 1989)

A use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application.

(Ord. 437 § 1 (part), 1989)

A use permit granted under the provisions of this chapter or a conforming conditional use established prior to the enactment of this title may be revised as to features of the site plan previously approved; provided, that such revisions are minor, as determined by the city council. Application for minor revisions to the site plan shall be made in writing, including three copies of the revised site plan, to the council. The council may approve such revisions without public hearing; provided, that the council can determine that the revisions will not substantially change the intensity or character of the use as previously approved by the city.

(Ord. 437 § 1 (part), 1989)

Background

It is the purpose of this section to establish a process for allowing special events to use city streets, sidewalks, facilities, and/or services. The City recognizes the substantial community benefits that may result from special events, they can provide cultural enrichment, promote economic vitality, and enhance community identity. They may also provide funding opportunities for service organizations and communicate a group’s message to the public. Special events include temporary outdoor sales activities, retail events, and special activities such as carnivals, fairs, and large neighborhood block parties.

Based on the nature and intensity of the event, either City Staff or the City Council will approve or deny the Special Event Permit (“SEP"). A Pre-Application Meeting with Planning Staff will determine the Class of Special Event, the required materials and documents, as well as a timeline for all required documents. If City Staff finds that the Special Event Permit appears to be non-confirming with current City Municipal Code, Lindsay Zoning Code or State of California Code, then the Special Event Permit will be subject to approval by the Lindsay City Council, regardless of Event Class Type. ________________________________________

Special Event Classes and Required Materials

• Class I: Temporary Uses of 31 days or Less for Special Occasions as defined as Valentine's Day sales, Easter sales, Mother’s Day sales, Father's Day sales, Graduation Day sales, and Fireworks sales only. Please note that Fireworks sales must also comply with the provisions of chapter 8.22 of the Lindsay Municipal Code.
  • Requirements: Special Event Permit Application, Site Plan (if applicable), Business License, and Property Owner's Permission. Verification of insurance must be submitted along with the Special Event Application: 1) Certificate of Insurance documenting General Liability insurance coverage in the amount of not less than $1 million per occurrence and $2 million in the Aggregate submitted for the event date and any set-up and/or teardown dates; 2) An Additional Insured Endorsement is required to reflect that the insurance policy has been amended to include the City of Lindsay as an additional insured; 3) Indemnity Letter.
  • Applications must be submitted at least 15 calendars days prior to the event date. Applications that are not received at least 15 calendar days prior to the event date will be automatically denied.
• Class II: Events involving low impact road closures or on City-owned public property involving low impact to normal operations/use.
  • Requirements: Special Event Permit Application, Site Plan, and Traffic Control/Parking Plan (if applicable only). Verification of insurance must be submitted along with the Special Event Application: 1) Certificate of Insurance documenting General Liability insurance coverage in the amount of not less than $1 million per occurrence and $2 million in the Aggregate submitted for the event date and any set-up and/or teardown dates; 2) An Additional Insured Endorsement is required to reflect that the insurance policy has been amended to include the City of Lindsay as an additional insured; 3) Indemnity Letter
  • An event is determined as ‘low impact’ by the City Manager and/or their designee.
  • Applications must be submitted at least 15 calendars days prior to the event date. Applications that are not received at least 15 calendar days prior to the event date will be automatically denied.
• Class III: Events involving the sale of alcohol; Events involving high impact street closures; Events that are open to the public on private property; Events charging an entry fee on private property; Events involving the use of public space and/or City-owned public property involving high impact to normal operations/use, Marathons, Cycling Tours, Fairs, Carnivals, Rodeos, Concerts.
  • Requirements: Special Event Permit Application, Site Plan, Traffic Control/Parking Plan (if applicable), Waste Plan (if applicable), ABC License (if applicable), Fire Department Inspection (if applicable), Building and Safety Inspection and Safety Plan (if applicable). Verification of insurance must be submitted along with the Special Event Application: 1) Certificate of Insurance documenting General Liability insurance coverage in the amount of not less than $2 million per occurrence and $3 million in the Aggregate submitted for the event date and any set-up and/or teardown dates; 2) An Additional Insured Endorsement is required to reflect that the insurance policy has been amended to include the City of Lindsay as an additional insured; 3) Indemnity Letter. Events classified by Staff as "high risk" require $3 million General Liability and $6 million Aggregate insurance.
    • Additional requirements may be applicable based on the type of event.
    • An event is determined as ‘high impact’ by the City Manager and/or their designee.
    • All Class III applications must be submitted at least 60 calendars days prior to the event date. All Class III applications that are not received at least 60 calendar days prior to the event date will be automatically denied.

Pursuant to the California Department of Alcoholic Beverage Control (ABC), events involving the sale of alcoholic beverages will be required to submit a Special Event Permit Application, regardless of the number of attendees and category Class of the event. Said events will be subject to approval by the Lindsay City Council. An ABC License will only be signed by the Chief of Police after the City Council has approved the SEP application. ________________________________________

Additional Guidelines

Approval of the Special Event Permit is subject to the following findings and guidelines.

A Special Event Permit shall be required for any of the following activities:

1. Temporary sales such as Valentine's Day sales, Easter sales, Mother’s Day sales, Father's Day sales, Graduation Day sales, and Fireworks sales;
2. Events involving road closures;
3. Events within the public right of way (sidewalk, public streets, parks, etc.);
4. Any activity on public or private property that, due to the anticipated number of attendees or nature of the event, is not compatible with the generally intended use of the property.
5. Any activity on vacant land or commercial property that due to the anticipated number of attendees or nature of the event, is not compatible with the generally intended use of the property.

Please note that a Special Event Permit will not be issued for an event classified as Class II or III if the event location identified within the application resides in the Single Family Residential (R-1-7) or Multi-Family Residential (RM-3, RM-MH8) zones. Special Events that do not require a Special Event Permit are:

1. An event hosted by the City.
2. An event sponsored by the City.
3. An event at a private property where no admission is charged, the event is not open or advertised to the public, and it is reasonably foreseeable in the opinion of the Chief of Police that no extraordinary police services are required.
4. An event held in a members-only facility at which the only participants are the members (and their invited nonpaying guests), and it is reasonably foreseeable in the opinion of the Chief of Police that no extraordinary police services are required.
5. Events sponsored by religious entities held in the religious entity's facility that only members by permission attend and it is reasonably foreseeable in the opinion of the Chief of Police that no extraordinary police services are required.
6. Events that are authorized by and consistent with existing use permits and licenses governing the establishment, unless that person, entity, or business holds an event that, in the opinion of the Chief of Police, will foreseeably result in extraordinary police services.

________________________________________

Approval Process

Events classified as Class I or II events shall be approved administratively by City Staff. City Staff reserves the right to refer applications for events classified as Class I or II to the City Council for consideration if they deem it necessary. Class I or II event applications must be submitted at least 15 calendar days prior to the event.

Events classified as Class III events are subject to approval by the Lindsay City Council. Applicants for events classified as Class III events must submit a complete SEP application and accompanying materials for the SEP to be brought to the City Council for consideration. Class III event applications must be submitted at least 60 calendar days prior to the event.

Applications requesting the use of Parks for a private event will be subject to City Council approval. Please note that a Park cannot be closed to the public for any event. If the applicant cancels or postpones their event, then the applicant forfeits any and all fees paid to the City and will be required to submit a new application for the new event. If the applicant cancels or postpones their event due to an event that is deemed uncontrollable by human intervention, then the City will honor the fees paid. ________________________________________

Additional Requirements

Special Events are subject to the additional requirements:

• Adequate and safe ingress and egress shall be provided to the project site. Directional signing, barricades, fences, and landscaping may be required as a condition of permit approval.
• Private security personnel may also be required for events based on the recommendation of the Lindsay Department of Public Safety.
• Adequate parking facilities shall be provided for each Special Event.
• The proposed Special Event will not adversely impact traffic circulation nor result in traffic congestion in the event area.
• Upon termination of a Special Event, or abandonment of the site, the applicant shall remove materials and equipment, and restore the premises to its original condition.
• Reasonable time limits for hours of operation may be set by the city council or City Staff as a condition of permit approval.
• Applicants for a Special Event Permits shall secure all other applicable licenses and permits prior to issuance of a Special Event Permit.
• Signage for Special Events shall be subject to the approval of the Planning department.
• A deposit may be required depending on the type and specific circumstances of the event. The City reserves the right to seek funds from applicant should any damages be incurred by the event.

It is the applicant's responsibility to pass all required inspections, submit all required documentation, and meet all deadlines. Failure to do so may result in denial of the application. The City Reserves the right to deny a Special Event from taking place if the application requirements have not been met, required materials have not been submitted, if fees have not been paid, or if inspections have not been passed.

The City Council, at their discretion reserves the right to deny any SEP application if they determine that conditions exist which would be injurious or detrimental to existing improvements, land uses, or surrounding areas, or be a significant risk to Public Safety.

An assessment of the event and specific circumstances and requirements will be completed to determine the final cost of the Special Event Permit based on the use of City facilities and Staff time and/or extraordinary police costs.

The City Council, City Staff, and/or Chief of Police shall impose conditions to the Special Event Permit that are reasonably required to assure the protection of the public health, the safety of persons attending the event and residents near the event, and the safety of property at or near the event. The conditions shall be in writing and shall be attached to the permit. ________________________________________

Insurance Requirements Verification of insurance must be submitted along with the Special Event Permit Application and meet the insurance requirements identified within the application. The City Manager, or their designee, reserves the right to modify applicants insurance requirements as they see fit pursuant to the City’s Risk Management Authority. ________________________________________ Fee Waivers

Fee Waivers are subject to the following requirements: SEP applicants requesting that SEP associated fees be waived, must submit their fee waiver at time that they submit application. SEP fee waivers are subject to approval by the Lindsay City Council. Applicants must provide written justification addressed to the Lindsay City Council as well as submit their SEP applications by the deadline for their waiver to be considered. ________________________________________ Please note that the City reserves the right to participate in any special event that is approved and be exempt from the registration fee.

(Ord 606, 2023)