Santa Maria City Zoning Code
CHAPTER 12
35 USE AND PLANNED DEVELOPMENT PERMITS
Section 12-35.101 Intent.
Uses permitted subject to conditional use permit are those uses necessary for the development of the community, having inherent qualities or characteristics which, unless provided for, would cause such uses to be incompatible or inharmonious with adjacent or nearby permitted uses. The procedures specified in this Article are intended to provide a means whereby the decision making body may modify and condition such uses to the extent that such uses can be made compatible and harmonious with adjacent uses.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.102 Application.
Application may be made by a property owner or authorized agent of the property owner upon forms provided by the Community Development Department.
(a)
Such applications shall be filed with the Community Development Department.
(b)
The Community Development Department shall charge and collect a filing fee for each such application, as determined by resolution of the Council.
(c)
The Director, or his/her designee, shall determine whether the application contains all of the information and items necessary to make a determination on the application as required by the provisions of this Article. If the Director or his/her designee determines that the application is not complete, the applicant must be notified in writing within 30 calendar days of the date of receipt of the application that the application is not complete and the reasons for such determination, including any additional information necessary to render the application complete.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.103 Filing fee.
The Community Development Department shall charge and collect a filing fee for each such application, as determined by resolution of the Council.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.104 Hearing and notice.
Upon acceptance of a complete application, and completion of environmental review the Secretary of the decision making body shall set the matter for hearing before the decision making body, the hearing to be within a reasonable time. Notice of the time, place and date of the hearing shall be made in accordance with Section 65091 of the California Government Code.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.105 Findings for approval.
The decision making body, in approving a conditional use permit, shall by motion by an affirmative vote of a majority of its voting members, find as follows:
(a)
That the site for the proposed use is adequate in size and topography to accommodate the use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly adapt such use with the land and uses in the vicinity;
(b)
That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;
(c)
That the proposed use will have no adverse effect upon abutting property;
(d)
That the establishment, maintenance and/or conducting of the use for which the planned development review is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to property or improvements in the neighborhood; nor shall the use be inconsistent with the character of the neighborhood or contrary to its orderly development;
(e)
That the conditions stated in the decision are necessary to protect the public health, safety and general welfare.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.106 General conditions.
The decision making body shall impose the following general conditions upon every conditional use permit and planned development permit granted:
(a)
That the right to use the permit shall be contingent upon the fulfillment of all general and special conditions imposed by the permit procedure;
(b)
That all of the conditions shall constitute restrictions running with the land and shall be binding upon the owner of the land, his or her successors or assigns;
(c)
That all of the conditions shall be consented to in writing by the applicant and the property owner.
(d)
That owner of the land, his or her successors or assigns shall comply with all the conditions or the City may reconsider or revoke the permit pursuant to Article 5 of this Chapter.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.107 Special conditions.
The decision making body may, in addition to any general conditions, impose special conditions upon a conditional use permit or planned development permit granted. Such conditions may include, but are not limited to:
(a)
Regulation of use,
(b)
Special yards, spaces and buffers,
(c)
Special fences, solid fences and walls,
(d)
Surfacing of parking areas,
(e)
Requiring street, service road or alley dedications and improvements or appropriate bonds,
(f)
Regulation of points of vehicular ingress and egress,
(g)
Regulation of signs,
(h)
Landscaping plan designed by landscape architect,
(i)
Requiring maintenance of the grounds,
(j)
Regulation of noise, vibration, odors,
(k)
Regulation of hours for certain activities,
(l)
Time period within which the proposed use or portions thereof shall be developed,
(m)
Duration of use or portions thereof,
(n)
Posting of a bond or bonds sufficient to guarantee the removal of any nonconforming structures or uses of the land upon the expiration of the period of the conditional use permit,
(o)
Requiring the dedication of access rights, and
(p)
Such other conditions as will make possible the development of the City in an orderly and efficient manner.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.108 Recommendation, approval or denial.
(a)
At the conclusion of the public hearing, the decision making body shall approve, conditionally approve or deny the use permit application, or shall make a recommendation as described in this Section.
(b)
Where an amendment to the land use and/or zone designation of the project site is required in conjunction with a use permit or planned development permit application, the Planning Commission by resolution shall make a recommendation to City Council, and City Council shall take action on the use permit or planned development permit. Zone amendments shall be processed per Chapter 12-38.
(1)
The Planning Commission recommendation shall cite the degree to which the project conforms to required findings;
(2)
The Planning Commission recommendation shall include recommended conditions;
(3)
In making its recommendation to the City Council, the Planning Commission may recommend modifications to the project which are consistent with the notice of public hearing.
(c)
Notice of the action shall be mailed to the applicant and any other person who has requested notice. The notice of action shall include the procedures by which the decision of the decision making body may be appealed.
(Ord. 2019-2019 § 1, eff. 7/4/19)
Section 12-35.109 Effective date of approved permit.
(a)
A conditional use permit or planned development permit is not valid until the fifteenth (15th) calendar day following the action of the decision making body granting issuance of the permit.
(b)
A conditional use permit or planned development permit is not valid until:
(1)
The applicant and property owner have acknowledged their consent to the conditions of approval by signing appropriate forms provided by the Community Development Department;
(2)
The applicant and property owner have acknowledged compliance with all conditions established by the decision making body to be preconditions to the permit.
(c)
Building permits associated with a project awaiting pending Conditional Use Permit or Planned Development Permit hearing and determination cannot be issued until the Conditional Use Permit or Planned Development Permit for the project has been approved or conditionally approved and the appeal period has lapsed.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.201 Planned Development Permit Processing.
Planned Development Permit applications shall be made and processed in the same manner as provided for in Article 1 of this Chapter.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.202 Planned Development Permit Discretionary Approval.
Any development proposal pursuant to the Planned Development Overlay District and primary zoning designation shall be subject to first receiving approval of a development plan through a Planned Development permit, in conformance with the provisions of Chapter 12-25 PD Planned Development Overlay District. The decision making body may approve project development plans with modified setback, height, landscaping and parking provisions of this title on a case-by-case basis subject to the situational context of the project site to allow flexibility for development in order to achieve superior design and community benefit.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.203 Planned Development Permit Findings.
Additional project requirements may be required by the decision making body in order to offset potential impacts of proposed modifications. No modification shall be approved unless the decision making body makes the following Planned Development permit findings in addition to the conditional use permit findings of Section 12-35.105:
(a)
The proposed modification(s) are otherwise consistent with the General Plan, Municipal Code and applicable Specific Plans;
(b)
The project includes superior design elements that mitigate or compensate for any potential impact of the proposed modification(s) on the surrounding area;
(c)
The proposed modification(s) are essential to the design of the project;
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.301 Delegation of Planning Commission powers to Zoning Administrator.
The Planning Commission is authorized to adopt regulations by resolution whereby the Planning Commission delegates to the Zoning Administrator the authority to process Use Permits of certain classes or types of situations, through an administrative process as described in this Article.
(a)
"Zoning Administrator" shall mean the Director of Community Development or his or her designee.
(Ord. 2019-2019 § 1, eff. 7/4/19)
Section 12-35.302 Use Permit classes or types of situations which may be processed administratively.
The Zoning Administrator process for the review of Use Permit applications is intended to provide for public review of land uses which, because of their type or intensity, may only be appropriate on particular sites, or may only be appropriate if they are designed or laid out in a particular manner, but are not of sufficient magnitude to warrant Planning Commission review as determined by the Community Development Director. Action taken by the Zoning Administrator is discretionary, and may include: approval based on the standards of this Chapter; approval with conditions; or disapproval based on conflict with the provisions of this code, information in the Notice, or public hearing testimony.
(a)
The Zoning Administrator is authorized to serve as the decision making body to act on use permit applications for the following uses:
(2)
Churches;
(3)
Public and quasi-public uses;
(5)
Residential developments of 12 or fewer units;
(6)
Light manufacturing;
(7)
Establishments where liquor is served (in conjunction with restaurant use only);
(8)
One outdoor RV lift per property in the C-2 and CM zoning districts;
(9)
Fences or walls constructed with barbed wire, razor wire or similar sharp materials pursuant to Chapter 12-27;
(10)
"Cart Containment Plans" (as defined in Santa Maria Municipal Code Section 12-55.01(b)).
(Ord. 2021-04 § 2, eff. 8/19/21)
Section 12-35.303 Zoning Administrator Procedure.
Processing of discretionary permit applications by the Zoning Administrator shall be made and processed in the same manner as provided for in Article 1 of this Chapter; provided, however, that such processing of permits shall also comply with Sections 12-35.304 through 12-35.308 of this Article.
(a)
The Community Development Director shall have the discretion to refer an application to the Planning Commission as a discretionary permit application due to proposed activity's complexity, size, intensity, impacts, location, or for any other reason deemed necessary. Such referred application shall be assessed the appropriate fees.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.304 Zoning Administrator Public Meeting.
(a)
A Zoning Administrator public meeting shall be the regular meeting of the Zoning Administrator.
(b)
A discretionary permit application agendized for a regular meeting of the Zoning Administrator shall be acted upon as a consent agenda item, except that the Zoning Administrator shall conduct a public hearing on a discretionary permit application when a public hearing is requested by the applicant or other interested person(s). In the event a Zoning Administrator public hearing is requested, the discretionary permit shall be scheduled for a hearing on the date and time as defined in the public notice.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.305 Notice of Zoning Administrator Public Meeting.
(a)
Notice for a Zoning Administrator Regular Meeting made in accordance with Section 65091 of the California Government Code. In addition to the information required by Government Code Section 65091, the notice for a Zoning Administrator Regular Meeting on a discretionary application shall:
(1)
Identify the tentative action by the Zoning Administrator as either approval, approval subject to conditions or disapproval of the discretionary permit.
(2)
Note that the tentative decision will become the final action on the project, effective on the 15th day following the Zoning Administrator regular meeting, unless the tentative decision is changed as a result of information obtained at the hearing or is appealed pursuant to this Chapter.
(3)
Declare that the application will be acted on as a consent item on the Zoning Administrator regular meeting agenda, without a public hearing, if no request for a public hearing is made.
(4)
Note that a request for a public hearing on a discretionary application shall be made in writing and provided to the Community Development Director no later than seven days prior to the Zoning Administrator regular meeting date as noticed.
(b)
The Notice of the Zoning Administrator regular meeting shall be mailed to the applicant no later than 15 days before the date of the scheduled meeting.
(c)
The notice may also be provided any other interested persons upon request, subject to any applicable fees set by the City Council.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.306 Zoning Administrator Actions.
Action on a discretionary permit application by the Zoning Administrator shall occur in the same manner and with the same discretion and effect as set forth for Conditional Use Permits in Article 1 of this Chapter.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.307 Notice of Final Zoning Administrator Action.
Immediately after the conclusion of a Zoning Administrator regular meeting, and public testimony in the case of a public hearing, or no sooner than the date of the meeting specified in the public notice, the Zoning Administrator shall either:
(a)
Announce that the decision on the project set forth in the Tentative Notice of Action is the final administrative action on the proposed project and that the Use Permit will become effective unless appealed; or
(b)
Announce that the tentative decision is changed as a result of information provided at the administrative hearing and whether the final decision is approval, conditional approval or denial; or
(c)
Continue the hearing to a date certain to provide additional time to evaluate information obtained at the hearing prior to a final decision.
The notice of the final action shall be mailed to the applicant and any other person who has requested notice. The notice of a final action taken shall include the procedures by which the decision of the Zoning Administrator may be appealed. |
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.308 Exceptions to Zoning Administrator Discretionary Permit Processing.
(a)
If a proposed discretionary project is found to have potentially significant environmental impacts, that project may not be processed by the Zoning Administrator.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.401 Appeals of the decision making body action.
Any and all persons aggrieved by an action of the decision making body taken pursuant to the provisions of this Chapter may file an appeal from the action or part thereof; provided, that such appeal conforms to the following provisions:
(a)
Filing. Written appeals shall be filed in duplicate with the City Clerk within 14 calendar days from the date of action by the decision making body. Calendar days consist of weekdays, Saturdays, Sundays, and holidays.
(b)
Effect of Filing. The filing of an appeal with the City Clerk shall toll the running of the 14 calendar day period before which a permit becomes valid. Once an appeal has been filed with the City Clerk the permit shall not become valid until the appeal has been formally withdrawn in writing by the appellant, or until the effective date of the decision under Subsection (h) of this Section.
(c)
Before accepting an appeal, the City Clerk shall charge and collect a fee established by resolution of the Council.
(d)
Transmittal of Copies. The City Clerk shall immediately transmit one copy of the appeal to the Community Development Department and one copy of the appeal to the City Manager, and one copy to the City Attorney.
(e)
Grounds Statement. The appeal shall specifically state the grounds therefor and shall state wherein the decision making body failed to conform to the requirements of this article.
(f)
Defect Notice. The Community Development Director shall inspect the appeal for defects and within 72 hours of receipt shall send notice to the appellant of the existence, type and nature of the defect or defects and advise the City Clerk thereof. The appeal application shall be considered incomplete until the applicant has addressed such defects to the satisfaction of the Community Development Director.
(g)
Planning Commission Authority. The Planning Commission may reverse or affirm, wholly or in part, or may modify any decision, determination or requirement of the Zoning Administrator, but before doing so, the Planning Commission must set the matter for hearing, give the same notice for such hearing as provided in Section 12-35.104, and must make a written finding of fact setting forth wherein the Zoning Administrator's findings were in error. A majority vote of the whole of said Planning Commission is required to grant in whole or in part any appealed application for permit which was acted upon by the Zoning Administrator.
(h)
City Council Authority. The City Council may reverse or affirm, wholly or in part, or may modify any decision, determination or requirement of the Planning Commission, but before doing so, the Council must set the matter for hearing, give the same notice for such hearing as provided in Section 12-35.104, and must make a written finding of fact setting forth wherein the Planning Commission's findings were in error. A majority vote of the whole of said Council is required to grant in whole or in part any appealed application for permit which was acted upon by the Planning Commission.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.501 Permit expiration and time extensions.
(a)
Period of Validity. The period of validity for a Conditional Use Permit or a Planned Development Permit shall begin on the permit's effective date as set forth in Section 12-35.109. The period of validity shall run pursuant to subsection (c) of this section. The expiration date of a discretionary permit issued in conjunction with a tentative subdivision map shall correspond with the expiration of that map, including any extensions.
(b)
Establishment. A conditional use permit or planned development permit shall be deemed established if the following actions occur within three years of the effective date of the approval or within such other time period designated by the approval:
(1)
In the case of a conditional use permit or planned development permit where ministerial permits are required, such permits have been issued.
(2)
In the case of a conditional use permit or planned development permit where no ministerial permits are required, the use authorized by the permit has been established. In circumstances where a business license is required, such business license has been issued.
(c)
Expiration. A conditional use permit or planned development permit shall expire and be of no further force or effect if:
(1)
The permit is not established within three years of the permit's effective date or such other time period designated by the permit approval, by state law or by this code; or
(2)
After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of six months.
(d)
Time Extensions.
(1)
Upon application before expiration of the period of validity, the original decision-making body may grant an extension to the period of validity for up to two years if it finds that there has been adequate due diligence to implement and complete the permit, or that there are significant economic factors that justify additional time. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision-making body.
(2)
Projects not requiring a time extension may be constructed in accordance with the requirements and standards in effect at the time of permit approval provided the construction complies with all project conditions of approval and all laws in effect at the time of the permit approval. However, any project or permit requiring a time extension shall conform to the requirements and standards in effect at the time the extension is granted.
(Ord. 2019-04 § 1, eff. 7/4/19; Ord. 2024-03, eff. 5/2/2024)
Section 12-35.502 Modification or enlargement.
(a)
Any proposed additions, enlargements or modifications of the structures approved in any conditional use permit or planned development permit, or any proposed extension of the use into areas not approved in any such permit, shall be subject to the approval of a new use permit or planned development permit.
(b)
No building permit for such additions, enlargements, modifications or extensions shall be issued unless the decision making body has granted a use permit or planned development permit therefor.
(c)
The Zoning Administrator may grant minor modification(s) to uses and structures without public notice or hearing, provided the modification(s) do not significantly expand or intensify the use for which the conditional use permit or planned development permit was granted.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.503 Preexisting permits.
Any approved permits existing at the date of adoption of the ordinance from which this Article derives shall continue to remain valid, until amended, according to the regulations stated in this Chapter.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.504 Permit revocation.
(a)
Grounds for Revocation. Any conditional use permit or planned development permit may be revoked by the decision-making body that originally took action on the permit pursuant to the provisions of this section on any of the following grounds:
(1)
Such approval was based on inaccurate or misleading information.
(2)
One or more of the conditions upon which such approval was granted or extended have been violated.
(3)
The permit included a specific timeline that has not been complied with, or provided for phasing that has not occurred within the time provided for such phasing.
(4)
The permit involves a conditional use that has been abandoned.
(b)
Procedure. Prior to any action on revocation, the decision-making body shall hold a public hearing noticed and held in accordance with Section 12-35.104, except that the permittee shall be given not less than thirty days' notice. The notice shall state the causes for which the revocation is to be considered.
(c)
Action of Decision-Making Body. Following the hearing, the decision-making body may revoke the permit or revoke the permit subject to reinstatement upon compliance with the conditions of the original permit and any other additional conditions of approval necessary to preserve the public health, safety or welfare.
(d)
Amortization. If a revocation of any permit is ordered, the decision-making body may at the same time provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of this time period may be granted for good cause shown on a later application to the decision-making body by any affected person.
(Ord. 2024-03, eff. 5/2/2024)
Section 12-35.601 Intent.
Temporary activities permitted subject to special temporary activity permit are those temporary activities which are required for the proper functioning of the community or are temporarily required in the process of establishing a permitted use, or constructing a public facility. Such activities shall be so conducted that they will not be detrimental in any way to the surrounding properties or to the community.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.602 Permitted activities.
(a)
The following activities shall be allowed upon the issuance of a special temporary activity permit by the Community Development Department:
(1)
Christmas tree and pumpkin sales (limited to 30 consecutive days);
(2)
Carnivals, circuses, special events (limited to 10 consecutive days);
(3)
Garage sale permits (limited to 60 consecutive hours);
(4)
Parking and storage of earth moving or construction equipment;
(5)
Storage of materials incidental to the carrying on of a public works project, subdivision or construction project;
(6)
Tract home or lot sales office;
(7)
Construction trailers, recreational vehicles used as a temporary residence for construction superintendents, garages and sheds for use during building and subdivision construction;
(8)
Storage, temporary, of materials and construction equipment used in conjunction with construction or maintenance of streets and highways, sewers, storm drains, pipelines or similar uses;
(9)
Fireworks sales (limited to eight consecutive days);
(10)
Temporary outdoor display and sale of merchandise to the public in connection with an established business in the City and on the same property thereof (limited to 72 hours within a one-week period, and not more than once every quarter) provided that such merchandise is the usual and customary merchandise sold by the established business;
(11)
Temporary retail sales within a hotel or motel.
(12)
Offsite auto sales.
(13)
Community event barbecues up to a maximum of 25 days per calendar quarter, subject to the regulations contained in Section 12-35.606.
(14)
Occasional event barbecues, occurring not more than three consecutive days in any calendar quarter, subject to the regulations contained in Section 12-35.606(c)(1)(E).
(15)
Charitable event barbecues, occurring not more than three consecutive days in any calendar quarter, subject to the regulations contained in Section 12-35.606(c)(1)(F).
(16)
Outdoor sales of produce, in connection with a Community Event.
(b)
Except as permitted by subdivision (a), the outdoor sale of produce is specifically prohibited, unless conducted in association with a certified farmers' market operation or a legal nonconforming swap meet.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.603 Application and filing fee.
Application for a special temporary activity permit may be made by the property owner or an authorized agent of the property owner. Such applications shall be filed with the Community Development Department. The Community Development Department shall charge and collect a filing fee for each such application, as determined by resolution of the Council.
(a)
Supplemental information may be required to document that the special temporary activity permit will not cause adverse or detrimental effects on neighboring properties or the public.
(b)
The Community Development Director shall have the discretion to refer a Special Temporary Activity Permit application to the Planning Commission as a discretionary permit application due to proposed activity's complexity, size, intensity, impacts, location, or for any other reason deemed necessary. Such referred application shall be assessed the appropriate fees.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.604 Permit provisions.
In approving a special temporary activity permit, the approval shall be made subject to a time limit and other provisions deemed necessary to assure that the proposed special temporary activity conforms to the intent and purpose of the provisions of this Title and will cause no adverse effects. Such provisions may include the following:
(a)
Regulation of hours;
(b)
Regulation of lights;
(c)
Requirement of bonds or other guarantees for cleanup or removal of structure or equipment;
(d)
Such other conditions deemed necessary to carry out the intent and purpose of this article.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.605 Approval or denial.
Application for special temporary activity permit shall be reviewed by the Community Development Director or designee. Approval shall be given only when:
(a)
The applicant of a temporary activity permit substantiates to the satisfaction of the Community Development Director that the proposed temporary activity shall be conducted to comply with the following findings:
(1)
That the use will have no adverse effect upon abutting property.
(2)
That the establishment, maintenance and/or conducting of the barbecue will not be detrimental to the health, safety, or welfare of persons residing or working in the neighborhood of such use and will not be detrimental to the public welfare, injurious to property or improvements in said neighborhood or contrary to its orderly development.
(b)
The Community Development Director determines the proposed special temporary use conforms to the intent and purpose of the provisions of this title.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.606 Event barbecues.
(a)
Application:
(1)
An applicant for a special temporary activity permit for Community, Occasional, and Charitable (Benefit) Event Barbecues, shall acknowledge the Event Barbecue shall conform to the requirements set forth in this Chapter to assure that there will be no adverse impacts to both the community and the qualified non-profit, charitable, or sponsor organizations that carry on the Santa Maria barbecue traditions.
(2)
The applicant shall identify the site of the proposed barbecue and the Community Development Department shall assist the applicant in preparing the required site plan.
(3)
The application shall be filed with the Community Development Department,
(4)
Any changes to the location, method of operation, or the size of the trailers or vehicles will require a revision to the special temporary activity permit.
(5)
The application shall include:
(A)
A copy of a valid health permit or exemption issued by the Santa Barbara County Public Health Department for the Community Event, Occasional Event, or Charitable (Benefit) Event Barbecue.
(B)
Permission from the property owner or authorized agent to use the site for the barbecue on specified dates.
(C)
An accurate site plan showing the location of the facilities.
(b)
Site and Operational Guidelines:
(1)
The Community Development Department may offer direction and suggestions to assist the special temporary activity permit applicant in their conformance to the following operational guidelines:
(A)
All vehicular drive aisles shall remain clear of obstructions.
(B)
Utility lines shall not interfere with vehicular or pedestrian travel and avoid tripping or other safety hazards.
(C)
All equipment and seating shall be located on a paved surface and shall not violate sight distance standards (SMMC 12-27.03 Corner Cutback Provisions).
(D)
Only structures or equipment required to comply with County Health Department standards may be attached to the pavement or other structures on the property.
(E)
No vehicles, signage, or other equipment shall be located in the public right-of-way or obstruct public access into adjacent buildings.
(F)
Event barbecue signage requires no permits when the signage is attached to a vehicle, trailer, or tent, but shall otherwise comply with the number and size limitations of the sign regulations (SMMC 12-34).
(G)
Only food and beverages may be sold in conjunction with the barbecues and no off-site sales are permitted.
(H)
Alcohol sales are prohibited.
(I)
The site shall be kept free and clear of litter during and after the hours of operation.
(J)
Required on-site parking spaces may not be occupied prior to the hours of operation contained in this Section.
(c)
Additional Provisions for Community Event Barbecues:
(1)
To assure that there will be no adverse impacts to the community, the following conditions shall be made part of the special temporary activity permit for a Community Event Barbecue:
(A)
The barbecues may occur on two of the three weekend days (Friday, Saturday, or Sunday), and on designated Federal holidays, up to a maximum of 25 days per calendar quarter.
(B)
The barbecue hours of operation shall be between 7 a.m. to 9 p.m.
(C)
The equipment may be placed on the site between the hours of 7 p.m. and 10:00 p.m. on the night before the proposed day of operation and shall be removed from the site by 9 a.m. on the following day. When not in use, all vehicles, equipment, and trailers associated with the barbecue shall be removed from the site.
(D)
The size and number of barbecue facilities allowed per site shall be determined by the City Zoning Administrator.
i.
The Zoning Administrator may allow more than one group to operate on the same property under a master site application when the property owner agrees to control the calendar dates and groups operating at specified locations on the property, as approved.
ii.
The Zoning Administrator may allow more than one group to operate on the same property under a master site application when the property owner is a qualified sponsor organization.
(E)
A qualified organization may apply for a conditional use permit from the Planning Commission to operate a barbecue solely for that organization's own fundraising, which occurs on the premises or primary facility of the organization on those days when the community event does not apply.
(F)
Community event barbecues are special temporary use permits issued by the Community Development Department and may be transferred between qualified sponsor groups with notification to the Community Development Department and subject to the requirements of this Section.
(G)
The permitted site location may be moved, with the site plan approval of the Community Development Department, once per calendar quarter.
(H)
Barbecues shall comply with all applicable state and local laws. Unless obtaining a conditional use permit from the Planning Commission, the number and size of the equipment shall be limited as follows:
i.
Each registered vehicle or trailer used in conjunction with the weekend barbecue events shall be limited to a length of 26 feet.
ii.
Barbecue units shall be limited to a length of 12 feet and a height of seven feet, including any hood structures.
iii.
No more than seventy-two linear feet of barbecue and support vehicles may be used for the community event barbecue.
(Ord. 2019-04 § 1, eff. 7/4/19)
Section 12-35.607 Offsite auto sales.
(a)
Offsite auto sales at the following locations in accordance with Community Development Department pre-approved site plans, or at any site that meets the criteria in (12)(A)(i-v), are a special temporary use: Mervyn's (Town Center West), Town Center East/Parking Structure A, Town Center East/Parking Structure B, Madonna Plaza (1318 South Broadway), Rancho Bowl (128 East Donovan Road), G & S Carpets (222 E. Donovan Road), Santa Barbara County Government Center (2115 Centerpointe Parkway), and K-Mart (2875 Santa Maria Way):
(1)
that the site is located adjacent to, and accessible from, a Primary or a Secondary Arterial as identified in the City's General Plan Circulation Element;
(2)
that the parking lot is of sufficient size and arrangement/layout to accommodate the parking and traffic circulation demands of the existing use(s) as well as the temporary auto sales activities, in accordance with Chapter 12-32 (Off-Street Parking and Loading) of this Code;
(3)
that the site is not located within a residential district; and
(4)
that the site can accommodate the traffic load on weekends.
(5)
Redevelopment Agency and State property are exempted from this criteria.
(b)
That off-site auto sales are held twice per month on each parking lot, each for a maximum of 72 consecutive hours.
(c)
That new and used vehicles, including recreational vehicles and boats, may be sold.
(d)
A valid City business license is required.
(e)
Written permission from the property owner, or an authorized agent of the property owner, shall be included with the application to use the site for the off-site auto sales on specified dates.
(f)
When the principle place of business for the person or business entity conducting the off-site vehicle sale is not located within the City of Santa Maria, a deposit of $1,000.00 will be required as part of the temporary use permit. The deposit is intended to ensure that the City of Santa Maria receives the sales tax owed for all sales of vehicles occurring within the City limits. In addition, for sellers whose principle place of business is not located within the City of Santa Maria, a copy of the seller's completed State Board of Equalization Form B-530 must be submitted to the City within 10 days after the conclusion of the sale to enable tracking of the receipt of sales tax revenue. Once the City has received the appropriate amount of sales tax revenue from the State Board of Equalization, the $1,000.00 deposit will be returned to the seller.
(Ord. 2019-04 § 1, eff. 7/4/19)