A. Use permits, revocable, conditional, or valid for a term period, may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this title.

B. The planning commission shall have the power to hear and decide applications for, and issue use permits for, all uses for which a use permit is required or permitted.

A. No such use shall be enlarged or increased, nor extended to occupy a greater area than that occupied by such use at the time such provision became applicable, and except that if any such use ceases, as hereinafter provided, any subsequent use of such land shall be in conformity with the regulations specified by this title for the district in which such land is located.

A. Administrative Design Review Permits.

B. Design Review Changes. Once a planning commission design review permit or an administrative design review permit, outside the coastal zone, has been approved, but before the associated building permit becomes final, changes up to ten percent that modify the exterior design, height or setback of the project shall be processed as an administrative design change; provided, that cumulative design changes to a prior design review permit or administrative design review permit shall not appreciably alter the originally approved design.

C. Administrative Subdivisions. The following subdivision map changes shall be reviewed at the staff level, in accordance with Title 16, Subdivisions:

D. Administrative Sign Permit. An administrative sign permit may be granted for compliant signs as described in Section 17.46.050.

E. Administrative Use Permits. Administrative use permits and administrative use permit amendments may be granted for the following:

F. Minor Variances. Administrative variances and administrative variance amendments may be granted for the following:

A. Staff reviews the proposed project for compliance with the general plan, certified local coastal program, these regulations, and other applicable conditions and regulations.

B. The community development director issues a notice of administrative decision, pursuant to the procedures in Section 17.55.080, or determines that the permit application presents issues of sufficient public concern to warrant a public hearing and refers the application directly to the appropriate hearing authority. The hearing authority decision may be appealed in accordance with Chapter 17.70, Appeals.

C. If no written request for a hearing is received by the department within ten days of the issuance of the notice of administrative decision, then the action of the director is final. (Ord. 2025-12 § 3 (Exh. A), 2025)

A. Findings for All Staff Approvals.

B. Additional Findings for Administrative Use Permits and Variances.

C. Administrative Use Permit (AUP) Findings for Wireless Eligible Facilities Requests.

A. The ten-day request for hearing period has expired, or the appeal period following a hearing authority decision has expired, or if appealed in accordance with Chapter 17.70; and

B. All necessary prior approvals have been obtained. (Ord. 2025-12 § 3 (Exh. A), 2025)

A. Contents of Notice. The contents of a notice of administrative decision shall be as follows:

B. Method of Notice Distribution. A notice of administrative decision shall be given as follows:

A. Applications for site and architectural design review shall be accompanied by drawings showing front, side and rear elevations of the proposed building, structure signs, fences, developments, or improvements or additions thereto. The applicant shall also submit plans or drawings showing in reasonable detail, proposed building or structural locations, topography, existing vegetation, proposed parking layout and location, proposed landscaping plans and proposed color schemes.

B. Such applications shall be accompanied by a fee to be established by resolution of the city council from time to time hereafter enacted, no part of which shall be returnable to the applicant. (Ord. 2025-09 § 2, 2025; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994. Formerly 17.56.030)

A. Use permits, revocable, conditional, or valid for a term period, may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this title.

B. The planning commission shall have the power to hear and decide applications for, and issue use permits for, all uses for which a use permit is required or permitted.

C. As used in this chapter, the words “appropriate authority” mean the planning commission when the application for a use permit is one which is within its power to issue. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

A. Application for a use permit shall be made to the appropriate authority in writing on a form prescribed by it, and shall be accompanied by statement, plans and elevations necessary to show the detail of the proposed use or building.

B. Such application shall be accompanied by a fee to be established by resolution of the city council from time to time hereafter enacted, no part of which shall be returnable to the applicant. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

A. In order to grant any use permit, the findings of the appropriate authority shall be that the establishment, maintenance or operation of the use or building applied for will not under the circumstances of the particular case be detrimental to health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; and in the Coastal Zone the use is consistent with all applicable local coastal land use plan recommendations and requirements.

B. The appropriate authority may designate such conditions in connection with the use permit as it deems necessary to secure the purposes of this title. Such conditions may include, but are not limited to, architectural and site approval, time limitations, street dedication, and street and drainage improvements. The appropriate authority may also require such bonds and guarantees as it deems appropriate to assure the compliance of the conditions.

C. Residential care facilities and single-room occupancy uses shall be considered a residential use of property, and, except as otherwise set forth in this chapter, shall be subject only to those restrictions and standards that apply to other residential dwellings of the same type in the same zoning district. (Ord. 2024-06 § 2, 2024; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

A. Where one or more of the conditions of the granting of a use permit have not been or are not being complied with, or when a use permit was granted on the basis of false material information, written or oral, given willfully or negligently by the applicant, the appropriate authority may revoke or modify such use permit following a hearing thereon. Notice of such hearing shall be given in writing to the permittee at least ten days prior to said hearing. Notice of such hearing shall be given as described in Section 17.58.030. Following the hearing, the appropriate authority may revoke or modify the use permit.

B. An appeal may be taken from such revocation or modification in the same manner as described in Section 17.58.050.

C. All use permits issued by the appropriate authority shall be valid until the date of expiration stated on the permit, or if no date of expiration is stated, or unless otherwise specified by the appropriate authority, all such permits shall expire one year from the date of granting said permit unless construction on or use of the subject property has started within this period. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

A. That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of this title is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification; and

B. That the grant of a variance permit would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated;

C. That any variance granted for development in the Coastal Zone is found to be consistent with all applicable local coastal land use plan recommendations and requirements. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

A. Where one or more of the conditions of the granting of a variance have not been or are not being complied with, or when a variance was granted on the basis of false material information, written or oral, given willfully or negligently by the applicant, the planning commission may revoke or modify such variance following a hearing thereon. Notice of such hearing shall be given in writing to the permittee at least ten days prior to said hearing. Notice of such hearing shall also be given as described in Section 17.60.040. Following the hearing, the planning commission may revoke or modify the variance.

B. An appeal may be taken from such revocation or modification in the same manner as described in Section 17.60.060.

C. All variances issued by the planning commission shall be valid until the date of expiration stated on the permit, or if no date of expiration is stated, or unless otherwise specified by the planning commission, all such permits shall expire one year from the date of granting said permit unless construction on, or use of, the subject property has started within this period. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

A. The city recognizes that the maintenance and new growth of healthy trees facilitates drainage, combats soil erosion, reduces global warming, adds real property and aesthetic values, and provides habitat for wildlife. To enhance the beauty of the city, while at the same time recognizing individual rights to develop private property, the city council adopts this chapter, establishing basic standards and measures to preserve and maintain existing trees and to encourage new tree planting.

B. It is the intent of the city by the adoption of these regulations to limit and restrict the removal of healthy and desirable trees in the city. However, regarding single-family residential properties which cannot be further subdivided, the intent is to limit and restrict only the removal of landmark trees. (Ord. 2024-04 § 3, 2024; Ord. 2020-07 § 2, 2020; Ord. 2006-19 § 1, 2006)

“Compensation plan” means a site plan outlining the planting location and species of replacement trees.

“Damage” means any action undertaken which causes or may cause death or significant injury, or which places the tree in a hazardous condition or in an irreversible state of decline. This includes, but is not limited to, cutting, topping, girdling, poisoning, trenching or excavating within the drip line or setting a tree on fire or allowing a tree or any portion of a tree to burn.

“DBH” or “diameter at breast height in inches” means the diameter of a tree measured at four and one-half feet above the ground while standing on the high side of the tree. The diameter may be calculated by use of the following formula: diameter equals circumference divided by 3.142.

“Development proposal” means and includes:

“Drip line” means the greater of the outermost edge of the tree’s canopy or fifteen times DBH measured from the center point of the tree.

Land, City. “City land” means and includes all publicly owned land including, but not limited to, parks, beaches, street right-of-way and parts of any public right-of-way devoted to plantings or park-like use.

“Person” means any individual, firm, association, corporation or other legal entity and agents, employees or representatives thereof.

“Tree” means any living woody perennial plant having a single stem of six inches or more DBH or a multistemmed plant having an aggregate diameter of ten inches or more measured at DBH and any living woody perennial plant which was planted in accordance with requirements of an approved compensation plan or was planted as part of a landscaping plan approved by the city.

Tree, City. “City tree” means any tree with more than one-half of either its trunk or branches on or above city-owned land, including any street right-of-way.

“Tree expert” means professional forester or certified arborist.

Tree, Healthy. “Healthy tree” means a tree that is continuing to thrive and is not in decline as determined by a tree expert.

Tree, Landmark. “Landmark tree” means any tree which has been identified by resolution of the planning commission as a landmark tree pursuant to Section 17.62.070.

Tree, Public Nuisance. “Public nuisance tree” means any tree or shrub growing or standing on city land or private property so its roots damage curbs, street paving or sidewalks in the public right-of-way or so it restricts the flow of traffic or visibility of any person using such streets and public rights-of-way.

“Tree removal permit” means an authorization by the city for the removal of a tree or trees.

“Tree replacement” means any tree planted in accordance with requirements of an approved compensation plan.

Tree Stand, Landmark. “Landmark tree stand” means any grouping of two or more trees which has been identified by resolution of the planning commission as a landmark tree stand unless subsequently excluded by resolution of the planning commission.

Tree, Street. “Street tree” means any city tree with more than one-half of either its trunk or branches on or above any street right-of-way. (Ord. 2025-09 § 2, 2025; Ord. 2020-07 § 2, 2020; Ord. 2006-19 § 1, 2006)

A. Remove, damage or relocate or cause to be removed, damaged or relocated any tree within the city without first obtaining a tree removal permit following the provisions of Section 17.04.060, unless said removal, damage or relocation is exempted by Section 17.04.040 or 17.04.050;

B. Conduct construction activities within the drip line of any tree unless these activities are conducted in compliance with tree protection guidelines adopted by resolution of the planning commission. (Ord. 2020-07 § 2, 2020; Ord. 2006-19 § 1, 2006)

A. When removing, damaging or relocating nonlandmark trees or conducting construction activities within the drip line of nonlandmark trees on a property in the R-1, or single-family district, which is developed with one single-family residential dwelling unit and the size and shape of the property or the location of the dwelling on said property is such that the property may not be subdivided into two or more lots in conformance with Marina’s zoning and subdivision ordinances;

B. When performing normal maintenance, trimming and pruning for trees located on private property or for a street tree abutting said property when authorized by the owner of said property;

C. When removing a tree which (1) was planted as part of an approved compensation plan when such removal and the replacement of said tree are accomplished in accordance with the conditions of an existing tree removal permit as determined by the community development director or designee or (2) was planted as part of a landscaping plan approved by the city when such removal is accomplished in accordance with a modified landscaping plan approved by the community development director or designee;

D. In the event of an emergency whereby immediate action is required because of danger to life or property, any tree may be removed upon approval of the community development director or designee. Upon authorization of such removal, the community development director or designee shall file a report with the planning commission describing the facts and circumstances constituting the emergency and said report shall be provided to the tree committee. (Ord. 2020-07 § 2, 2020; Ord. 2006-19 § 1, 2006)

A. When removal is determined necessary by fire department personnel actively engaged in fighting a fire;

B. When trees are injured by and determined to be dangerous by a peace officer or firefighter in their official capacity;

C. When trees are unintentionally damaged during the conduct of a drill by an agency of federal, state or city government, to train for emergency or public safety operations, provided the drill is approved in advance by the city. In the case of a drill, all possible effort will be made to protect existing trees;

D. When the city performs normal maintenance, trimming and pruning of city trees;

E. Up to three trees when corrective measures are taken to control or remove trees deemed detrimental to public health, safety or general welfare under the provisions of the Street and Highway Code. Such corrective measures shall be accomplished in the least intrusive manner. The removal of more than three trees in this manner shall require a tree removal permit;

F. Up to three trees when the location of a nonlandmark street tree conflicts with the construction of street or sidewalk improvements, storm drain, traffic signals or signs. The removal of more than three trees in this manner shall require a tree removal permit;

G. When corrective measures are taken to control or remove nonlandmark public nuisance trees. (Ord. 2020-07 § 2, 2020; Ord. 2006-19 § 1, 2006)

A. Application. A person who desires to remove or relocate any tree on any property unless exempted by Section 17.62.040 or 17.62.050 shall first secure a tree removal permit from the city. An application for such a permit shall be made on an application form provided by the city accompanied by fees established pursuant to action by the city council. The application shall contain the following:

B. Review Process. The community development director or designee, upon review and recommendation by the tree committee, may approve, deny or conditionally approve a request for removal. If the request is a part of a development proposal that requires review by the planning commission, the community development director or designee shall refer the application together with a recommendation for action thereon to the appropriate reviewing body.

C. Required Findings for Approval of Tree Removal Permit. The following findings are required prior to approval or conditional approval of a tree removal permit:

D. Conditions of Approval. If it is determined by the appropriate approval authority that adverse effects of tree removal can be mitigated, conditions shall be imposed on the removal including, but not limited to, one or more of the following:

E. Public Notice.

F. Display of Tree Removal Permit. Prior to and during the removal of any tree approved for removal, a copy of the tree removal permit shall be displayed on site. If no tree removal permit is displayed, the city will issue a stop work order and commence the city’s administrative fine process. (Ord. 2025-09 § 2, 2025; Ord. 2020-07 § 2, 2020; Ord. 2006-19 § 1, 2006)

A. Minimum Criteria. To be eligible for consideration as a landmark tree or landmark tree stand, trees or a group of trees must meet the following minimum criteria:

B. Additional Criteria. Landmark trees shall meet at least one of the following additional criteria:

C. The designation or removal of such designation of landmark trees pursuant to this section shall be by resolution of the planning commission. The tree committee shall review nominations for landmark tree and landmark tree stand designations and removal of such designation and make recommendations to the planning commission for final action upon such designations. Prior to review of designation or removal of such designation of landmark trees by the tree committee and the planning commission, the owner of the property or the city council, in the case of trees on city property or right-of-way, and owners of property adjacent to the trees proposed for designation shall be provided with ten days’ written notice of the action under consideration and the opportunity to provide comments on the proposed designation or removal of such designation; said period for comments to the tree committee or planning commission shall be extended upon good cause being provided to the community development director or designee.

D. Landmark Tree Map. The location of all designated landmark trees and all designated landmark tree stands shall be shown on one or more drawings or maps maintained by the city manager or designee. (Ord. 2020-07 § 2, 2020; Ord. 2006-19 § 1, 2006)

A. The committee shall be established and appointed by the city council for a term of two years by a majority vote of the city council upon a recommendation from the planning commission.

B. The committee shall consist of five members plus one alternate as follows:

C. A quorum shall consist of any three members of the committee.

D. The committee shall not include more than one member of any firm.

E. The committee shall yearly appoint a chairman and vice-chairman. Term of chair shall not exceed two successive years. Elections shall be held every January. The chair shall preside at all meetings of the committee, make appointments to any subcommittees and shall perform all the duties necessary or incidental to the office. The vice-chair shall serve as chair in the absence or inability of the chair to serve.

F. The committee shall meet regularly to:

A. No such use shall be enlarged or increased, nor extended to occupy a greater area than that occupied by such use at the time such provision became applicable, and except that if any such use ceases, as hereinafter provided, any subsequent use of such land shall be in conformity with the regulations specified by this title for the district in which such land is located.

B. All nonconforming outdoor advertising signs and outdoor advertising structures shall be removed entirely on or before January 1, 1979, except those in U districts and those in C-1, C-2 and M districts for which a use permit has been obtained.

C. All nonconforming outdoor advertising signs and outdoor advertising structures located on property in a U district shall be removed entirely within five years from the date such property is reclassified into some other zoning district, unless the reclassification is to be a C-1, C-2 or M district and a use permit has been obtained within such five-year period.

D. All nonconforming wrecking yards and junkyards shall be enclosed by a solid board or masonry fence at least six feet in height for fire prevention and prevention of the spread of litter and debris, except that no junk, dismantled cars or machinery shall be stacked higher than the fence. Wrecking yards and junkyards shall comply with these special regulations. (Ord. 2020-07 § 2, 2020; Ord. 2005-12 § 1 (Exh. A), 2005; Ord. 96-23 § 1, 1996; Zoning Ordinance dated 7/94, 1994)

A. The nonconforming use of a building may be changed to a use of the same or more restricted nature; provided, that in each case a use permit is first secured.

B. The nonconforming use of a portion of a building may be extended throughout the building; provided, that in each case a use permit is first secured.

C. The enlargement, extension, reconstruction or structural alteration of a nonconforming building may be permitted in circumstances and in accordance with the limitations as described below:

D. Ordinary maintenance and repairs may be made to any nonconforming building, provided no structural alterations are made and provided that such work does not exceed twenty-five percent of the assessed value in any one-year period.

E. No nonconforming building, structure or sign shall be moved in whole or in part to any other location unless every portion of such building, structure or sign which is moved is made to conform to all the regulations of the district in which it is located. (Ord. 2020-07 § 2, 2020; Ord. 2000-14 § 1, 2000; Ord. 96-23 § 1, 1996; Ord. 95-16 § 1, 1995; Zoning Ordinance dated 7/94, 1994)

A. Such parcel was a lawful building site immediately prior to the time said requirements became applicable to it; and

B. At the time said requirements became applicable to it, the owner or owners thereof owned no adjoining land, unless said parcel is:

A. The intent of the development standards for condominium/planned development projects is to permit greater flexibility and, consequently, more creative and imaginative design of the development of residential areas than generally is possible under conventional zoning regulations. The development standards are intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choice, a higher level of amenities, as well as to preserve and create usable open space for the residents of the city. While flexibility in lot sizes, setbacks and building coverage is permitted to accommodate a master-planned project with unique design features and topography, the project must meet the standards for average density of the underlying zoning district. Such flexibility can be approved through the use permit process to ensure that open space and/or amenities are otherwise provided to compensate for such flexibility and the density requirements are met.

B. Also, although Section 17.66.150 regarding condominium conversions provides for some flexibility within the zoning ordinance due to the separate unique circumstances of each individual condominium conversion proposal, it is the intent of this chapter that such condominium conversion projects meet all sections of this chapter applying to new condominium construction as closely as the planning commission or the city council on appeal determines is possible. To achieve this, the bodies should limit the number and extent of deviations allowed pursuant to Section 17.66.150 to be the minimum necessary to make a condominium conversion project physically and economically feasible while still meeting the intent of this chapter and its component standards to achieve quality condominium projects. However, nothing in this section shall be construed in any manner as establishing an intent on the part of the city to approve any particular subsequent condominium conversion project which may hereafter be presented to it. (Ord. 2020-07 § 2, 2020; Ord. 2006-17 § 1, 2006; Ord. 2004-13 § 1, 2004)

A. Principal Driveways.

B. Minor Driveways.

C. Pedestrian Walkways. Public sidewalks shall be provided along both sides of any public street within the boundary of the project and along any public street abutting the project site in accordance with city standards. An internal pedestrian walkway system shall be provided which connects each unit and each building with the project with public sidewalk system in accordance with a plan reviewed and approved by the planning commission and in accordance with the city of Marina objective design standards. A minor driveway may serve purposes of a walkway system for the connection of up to four units. (Ord. 2025-09 § 2, 2025; Ord. 2024-02 § 3, 2024; Ord. 2020-07 § 2, 2020; Ord. 2005-10 § 1 (Exh. A), 2005; Ord. 2004-13 § 1, 2004)

A. Fire Protection.

B. Security Provisions. Security provisions shall be provided to the satisfaction of the director of public safety. Safety lighting shall be provided to the satisfaction of the director of public safety and shall be directed towards the illumination of private vehicle accessways, bikeways, pedestrian walkway facilities, and along abutting public streets as required by the city. Individual illuminated unit identification will be required to the satisfaction of the director of public safety. (Ord. 2020-07 § 2, 2020; Ord. 2004-13 § 1, 2004)

A. Common Open Space. Common open space shall be provided at the rate of four hundred square feet per one-bedroom, four hundred fifty square feet per two-bedroom and five hundred square feet for three- or more bedroom units.

B. Private Open Space. Each unit shall have an appurtenant private patio, deck, balcony, atrium, or other outdoor private area contiguous with the unit and having not less than fifteen percent of the unit floor area or not less than one hundred eighty square feet, whichever is less.

C. Recreation. Projects having thirty or more units shall be required to provide structured recreation facilities in conjunction with the common usable open space as determined necessary by the planning commission. (Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006; Ord. 2004-13 § 1, 2004)

A. Sound Transmission. A descriptive report shall be required containing acoustical test data which indicates the noise attenuation characteristics of existing party walls and ceilings after complying with the sound transmission class and impact insulation class ratings required by the current Uniform Building Code and to the satisfaction of the chief building official. This report shall be compiled by a qualified person experienced in the fields of acoustical testing and engineering.

B. Smoke Detectors. Compliance shall be maintained with the current requirements of the Uniform Building Code to the satisfaction of the chief building official.

C. Energy Requirements. Compliance shall be maintained with the requirements of the Uniform Building Code and the California Administrative Code to the satisfaction of the chief building official.

D. Condominium Conversion Report. A condominium conversion report prepared by a licensed architect or structural, mechanical or electrical engineer, describing the condition and remaining useful life of the foundations, roofs, and the mechanical, electrical, structural and plumbing elements of all buildings and structures shall be submitted to and approved by the chief building official.

E. Building Inspection Report. A building inspection report prepared by the department of building inspection of the city describing the condition of the building and listing all relevant code violations, if any, which are detrimental to the health, safety and welfare of the public, of the owners, or the occupants of the building shall be accomplished to the satisfaction of the building director. Such inspections shall be made for a fee based upon the building inspection fee schedule.

F. Structural Pest Report. A structural pest report prepared by a licensed pest control operator describing any pest-related damage and listing all improvements necessary to correct such damage, if any, shall be submitted to the building division.

G. Public Utility Facilities and Hook-ups. All utilities shall be undergrounded to the satisfaction of the city engineer. Public utility facilities and hook-ups, including, but not limited to, water, sewer, gas and electric, shall be independently metered and charged to each unit. Public utility facilities serving individual units shall not cross property lines other than the living unit which they serve. In condominium conversions water may be on a common meter if approved by the water purveyor and if provisions for maintenance, repair and liability satisfactory to the city are included in the covenants, conditions and restrictions. All condominium conversion projects where any public utility facilities cross property lines or where public utility facilities, by necessity, are used by more than one unit shall include within the covenants, conditions and restrictions provisions for maintenance, repair and liability satisfactory to the city. All condominium conversion projects where any units are connected to common meters for water service shall include a disclosure statement to that fact within the covenants, conditions and restrictions to the satisfaction of the city. (Ord. 2020-07 § 2, 2020; Ord. 2004-13 § 1, 2004)

A. For all condominium/planned development projects, a property owners association shall be established by recordation of the following:

B. Notwithstanding subsection A of this section and as an alternative to the requirements of said subsection, residential subdivision developments, containing two or more rights of exclusive occupancy, may establish an association of owners of separate interest by the recordation of a declaration of restrictions and maintenance agreement subject to the approval of the city. The approval of the use of such an alternative shall be at the sole discretion of the city and shall be limited to developments not exceeding twenty-five dwelling units.

C. Included in the recorded document or documents shall be provisions for, at least, but not limited to, the following:

A. Within the context of Section 17.66.010, the planning commission or the city council on appeal may adjust the requirements of Sections 17.66.020, 17.66.030, 17.66.040, 17.66.060, 17.66.070, 17.66.080, 17.66.090, 17.66.130 and 17.66.140 for condominium conversions of apartment buildings and complexes completed and occupied prior to the effective date of this section with the following limitations:

B. The adjustments described above may be approved only by individual and separate action of the planning commission based upon their findings that approved adjustments are necessary to meet other provisions of this chapter including Section 17.66.010 or that the approved adjustments will accomplish other specific project design objectives enumerated by the planning commission. Any adjustments approved by the city council as provided by this section shall be generally described in a disclosure statement in the covenants, conditions and restrictions satisfactory to the city. Adjustments not described above may only be accomplished as provided by Chapter 17.60. (Ord. 2020-07 § 2, 2020; Ord. 2004-13 § 1, 2004)

“Temporary use” means the use of a property for a period of up to sixty contiguous days or less and no more than six months in a calendar year. Temporary uses include but are not limited to activities and events such as seasonal sales, swap meets, farmers markets, and similar uses. For events and activities proposed to occur within the public street right-of-way, including the temporary use of the public right-of-way for staging purposes, applicants shall contact the police department and the public works department at least sixty days prior to the event. For the temporary use of city-owned properties, applicants shall contact the recreation department for rental and additional use requirements.

“Temporary use permit” (TUP) means a permit issued by the community development director (director) or designee, that grants temporary authorization for a specified land use, event or activity for a limited period of time, subject to conditions and requirements outlined in this chapter. (Ord. 2023-14 § 2, 2023)

A. This chapter applies to all temporary land uses within the city unless exempt as described herein.

B. Temporary uses exempt from this chapter include those specifically exempted by state or federal law, those that are authorized by other city ordinances or regulations, and those that are of an emergency or temporary nature, such as disaster relief efforts. MMC provisions that have independent permitting requirements include, but are not limited to, Chapter 8.30 (Parades and Assemblies) and Section 12.12.050 (City Parks and Playgrounds). (Ord. 2023-14 § 2, 2023)

A. Any person or entity seeking to engage in a temporary land use as defined in this chapter shall obtain a TUP from the city prior to the commencement of the temporary use or activity.

B. An applicant shall submit an application for a TUP to the city’s planning department using the city’s standard application form.

C. The city may impose conditions on the TUP to ensure compliance with applicable laws, protect public health and safety, and mitigate potential impacts on the community, such as noise, traffic, and environmental impacts. Insurance will be required for the use of public property including city right-of-way.

D. TUPs shall be valid for the duration specified in the permit, and shall not be transferable or assignable without prior written approval from the city. (Ord. 2023-14 § 2, 2023)

A. Construction Yard—On-Site. An on-site contractor’s construction yard for a city-approved construction project. The yard shall be removed from the site immediately upon completion of the project, or the expiration of the building permit authorizing construction, whichever occurs first.

B. Emergency Activity. Emergency public health and safety activities, as determined by the city manager, city council, fire chief, police chief or other county, state or federal official.

C. Event on Site Approved for Public Assembly. An event on the site of, or within, a public or private meeting facility, school, theater, or similar facility designed and approved by the city for public assembly, and with no amplified outdoor sound.

D. Parades and Assembly Events, Filming Permits, Amplified Music, or Activities on Public Property. Parades on public streets, events in public parks, or on other publicly owned property that are subject to the requirements of Chapters 8.30 and 12.12 and permitted accordingly.

E. Garage Sales. Garage sales, not to exceed four per year and two consecutive days.

F. Public Property or Public Right-of-Way Work. Construction and maintenance activities conducted on public property that are authorized by an encroachment permit. (Ord. 2023-14 § 2, 2023)

Allowed Short-Term Activities. The following temporary activities may be allowed with a TUP, in compliance with this chapter. A TUP may authorize an activity for the time specified by this chapter, but shall not exceed six months. Other temporary uses and activities not included in the following categories shall instead comply with the planning permit requirements and standards that otherwise apply to the site:

A. Caretaker unit temporary dwelling (manufactured home or trailer) used for the temporary accommodation of a person employed as a caretaker, janitor, manager, watchman, security guard or superintendent by an industrial or commercial use operating on the site. An extension may be granted by the director for good cause.

B. Construction Yard—Off-Site. An off-site contractor’s construction yard for a city-approved construction project. The yard shall be removed immediately upon completion of the project, or the expiration of the building permit authorizing construction, whichever occurs first. An extension may be granted by the director for good cause.

C. Events. Events include but are not limited to art and craft exhibits, carnivals, circuses, concerts, fairs, farmers markets, festivals, flea markets, food events, open air sales, outdoor entertainment/sporting events, rummage sales, secondhand sales, sidewalk sales, swap meets, and other special events, for up to five consecutive days, or four two-day weekends, within a twelve-month period, on private, nonresidentially zoned property.

D. Location Filming. See Section 17.68.060, Exempt activities.

E. Model Homes. A model home or model home complex may be authorized in compliance with the following standards, and other requirements deemed necessary by the community development director or designee:

F. Seasonal Sales Lots. Seasonal product sales (e.g., for Halloween, Thanksgiving, Christmas) including a temporary security trailer, on private property in a nonresidential zone, for up to sixty days.

G. Temporary Facilities During Construction. One or more temporary structures may be used during the construction of an approved development as offices, or for the storage of equipment and/or tools.

H. Temporary Real Estate Sales Office. A temporary real estate sales office may be approved within an approved subdivision, solely for the first sale of homes within the subdivision. The sales office shall be completely removed from the site prior to issuance of a certificate of occupancy.

I. Similar Temporary Activities. A temporary activity that the director determines is similar to the other activities listed in this section, and compatible with the applicable zoning and surrounding land uses. (Ord. 2023-14 § 2, 2023)

A. The director shall review TUP applications for compliance with this chapter and other applicable laws, including environmental review, and may refer the application to other departments or agencies for review as needed.

B. The director shall notify the applicant in writing of the decision to approve, deny, or conditionally approve the TUP within a reasonable time frame after receipt of the complete application.

C. Applicants have the right to appeal any decision made by the director regarding a TUP to the city’s planning commission or other designated appeal body, in accordance with the appeal procedures set forth in Chapter 17.70.

D. The director shall consider potential short-term traffic, noise, and nighttime lighting impacts in their review of the TUP application.

E. In order to grant any TUP, the director must determine that the establishment, maintenance or operation of the use or activity applied for will not under the circumstances of the particular case be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. If the use is located in the Coastal Zone, the use must be consistent with all applicable local coastal land use plan recommendations and requirements. (Ord. 2023-14 § 2, 2023)

A. Where one or more of the conditions of the granting of a TUP have not been or are not being complied with, or when a TUP was granted on the basis of false material information, written or oral, given willfully or negligently by the applicant, the appropriate authority may revoke or modify such use permit following a hearing thereon. Notice of such hearing shall be given in writing to the permittee at least ten days prior to said hearing. Notice of such hearing shall be given as described in Section 17.58.030. Following the hearing, the appropriate authority may revoke or modify the TUP.

B. An appeal may be taken from such revocation or modification in the same manner as described in Section 17.58.050.

C. Temporary uses that are not in compliance with the chapter are considered a violation of the code, and subject to enforcement under Chapters 1.08, 1.10 and 1.12. (Ord. 2023-14 § 2, 2023)

A. Expiration. Any community development permit granted in compliance with these regulations shall expire within two years from the date of approval if neither a completed building permit application has been issued nor the activity authorized by the community development permit has commenced. Upon expiration or revocation of a building permit, the community development permit shall also expire, unless extended under subsection B of this section.

B. Extensions of Time by Community Development Director (Director) or Designee. The director is authorized to renew any community development permit that would otherwise expire after two years. Renewals shall be for one year with a maximum of two renewals.

C. Action on Extension Requests. An application for a time extension shall be made a minimum of thirty business days prior to the permit expiration date. (Ord. 2025-03 § 3 (Exh. A), 2025)

A. Staff Determinations. The following determinations and actions of the community development director or his/her designee may be appealed to the planning commission and then to the council:

B. Decisions of Review Authorities. Generally, decisions of the director and the tree committee may be appealed to the planning commission, and decisions of the planning commission may be appealed to the council. When a single project requires two or more permit applications with different appeal authorities, or where statutory deadlines would interfere with the city’s final action on an application if the application were subject to multiple appeals, any appeal of the project shall go directly to the highest appeal authority. The decision of the city council shall be final. If an appeal is filed for a project that utilized the city’s objective design standards for a housing development project as defined by Government Code Section 65589.5, the appeal must be based on identifying an inconsistency with an objective standard that is consistent with state law and filed with the city during the standard appeal period for a development project. (Ord. 2025-03 § 3 (Exh. A), 2025)

A. Who May File an Appeal. An appeal may be filed by:

B. Timing and Form of Appeal. All appeals shall be submitted in writing on a city application and shall specifically state the pertinent facts of the case and the basis for the appeal.

C. Scope of Appeals. An appeal of a decision on a community development permit shall be limited to issues raised at the public hearing, or in writing before the hearing, or, in all other cases, must be based on information that was not generally known at the time of the decision that is being appealed. (Ord. 2025-03 § 3 (Exh. A), 2025)

A. Scheduling of Hearing. After an appeal has been received, the matter shall be placed on the next available agenda of the appeal authority that is within sixty days of the filing of such appeal.

B. Notification of Applicant. Within three business days of receipt of an appeal, staff shall attempt to notify the applicant.

C. Joining an Appeal. Only those persons who file an appeal within the time limit established shall be considered appellants. Any person who wishes to join an appeal shall follow the same procedures for an appellant. No person shall be allowed to join an appeal after the expiration of the time limit for appeals.

D. Action and Findings. The appeal authority shall conduct a de novo public hearing. At the hearing, the appeal authority may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds identified in the appeal.

A. The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the planning commission and shall be accompanied by a fee to be established by resolution of the city council from time to time hereafter enacted, no part of which shall be returnable to the petitioner; or by

B. Resolution of intention by the city council;

C. Resolution of intention by the planning commission. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

A. The planning commission shall hold at least one public hearing on any proposed amendment. At least ten days prior to the first public hearing, said planning commission shall give notice thereof by at least one publication in a newspaper of general circulation within the city of such public hearing.

B. In case the proposed amendment consists of a change of the boundaries of any district so as to reclassify the property from any district to any other district, the planning commission shall give additional notice of the time and place of such hearing and on the purpose thereof by mailing a notice of the time and place of such hearing to all persons owning real property within three hundred feet of the property which is the subject of the proposed zoning change.

C. Following the aforesaid hearing, the planning commission shall make a report of its findings and recommendations with respect to the proposed amendment and shall file with the city council an attested copy of such report.

D.