No person shall occupy or use a building, structure or site, or carry on any activity in any such building, structure or site, other than a dwelling unit, until the planning director has issued a certificate of zoning compliance certifying that in all respects the building and site, and the activity to be conducted therein, is in full conformance with the provisions of this title for the district in question, including all of the conditions attached to the issuance of a conditional use permit or a variance, as well as to all conditions attached to an approval by the architectural review committee, when such approval is required. The certificate shall be issued upon the completion of the building or structure, or prior to the commencement of any use of land not requiring the construction of a building. No separate application need be made for said certificate. Whenever the use of a building or land shall change from the activity for which a certificate of zoning compliance was issued to a different use, a new certificate of zoning compliance shall be secured.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

A.

Purpose. To ensure the protection, health, safety and welfare of the citizens of the city, while still providing for their pleasure and convenience. The planning director may issue a permit for the establishment of temporary uses within the city in accordance with the following procedure and conditions; however, at the discretion of the planning director, or at the request of the planning commission, any application may be referred to the planning commission for consideration.

B.

Temporary Use Permit Required. Prior to the establishment of any temporary uses identified in subsection C of this section on any lot or parcel in the city, a temporary use permit shall be obtained from the community development department:

1.

Temporary use permit requests shall be submitted to the community development department no later than thirty days prior to the event to allow proper review by affected city departments;

2.

Temporary use permits shall be issued no more than four times within a calendar year to any individual, agency, business or corporation.

C.

Allowable Temporary Uses. The following uses, and uses determined by the planning director to be similar, may be allowed subject to first obtaining a temporary use permit:

1.

Sales offices for the sale of new homes, when located on the site of an approved residential subdivision;

2.

Commercial carnivals, circuses, musical concerts and similar events and congregations of people when conducted on private property and when involving more than one hundred people;

3.

Commercial Christmas tree lots, Halloween pumpkin sales, Fourth of July fireworks, food stands, promotions and sales taking place on public or private properties;

4.

Commercial car washes, of no more than four days each month at any location;

5.

Street closures, farmers markets, or craft shows of not more than four days per month, taking place on public property or private properties, in appropriately zoned commercial areas and when having obtained any other necessary approvals including, but not limited to, the following: Obtaining a business license, health department permit, or ABC temporary license where applicable. Requirements shall be determined upon internal city review of the temporary use permit application;

a.

Events taking place on public property within the city of Soledad shall require proof of insurance in an amount specified by the city attorney naming the city of Soledad as additionally insured,

b.

For-profit entities shall be required to pay the temporary use application fee and any other associated fees required to process the temporary use permit request,

c.

For-profit entities shall be required to pay for any services provided by the city,

d.

Non-profit entities shall be exempt from the payment of temporary use permit fees. However, non-profit entities shall be required to present the city of Soledad with proof of IRS non-profit status.

D.

Exempt Temporary Uses. The following temporary uses are exempt from the requirement for a temporary use permit, but shall obtain and sign an over the counter regulations form available at the city of Soledad city hall and may be subject to additional fees and requirements as deemed applicable:

1.

Celebrations and similar events including vendors and services, and congregations of people when conducted on a city park and when having obtained a city park reservation;

a.

For-profit entities are required to meet the city of Soledad's insurance and business license requirements,

b.

Non-profit entities are required to show proof of insurance, as well as documentation of IRS non-profit status,

c.

Parties of twenty people or less, held by private citizens, are not required to meet the city of Soledad's insurance requirement, and need only obtain a city park reservation;

2.

Contractors construction yards located on the site of an approved construction project;

3.

Contractors mobile office, when located on the site of an approved construction project;

4.

City co-sponsored events in combination with non-profit entities requesting in-kind services;

a.

All fee waiver requests shall be reviewed and determined by the city council,

b.

Events requesting the use of city staff or equipment for "in-kind" services shall be reviewed and determined by the city council;

5.

Temporary use activities conducted entirely within a structure or yard area that is legally occupied by an existing business or organization including churches and educational facilities; however, for-profits may be required to obtain a city of Soledad business license prior to the commencement of the event;

6.

Car washes not exceeding two days per month at any location;

7.

Emergency facilities and offices providing for public health needs, disaster coordination for such events as earthquakes, fires, floods, etc.

E.

Permit Applications and Issuance. Applications for temporary use permits initiated by for-profit entities shall be subject to the fee established for a Class I use permit and shall be submitted on forms maintained by the community development department. Information requirements shall be determined on a case-by-case basis at the time of application:

1.

Temporary use permit requests shall include a written statement of operations sufficient for the planning director to fully understand the request including but not limited to the following: A site plan illustrating the location and arrangement of the proposed use, internal and external pedestrian and vehicular access, signage, lighting, the placement of trash receptacles, restroom facilities, proposed security measures, and potentially affected adjacent land uses;

2.

A temporary use permit may be issued for a maximum period of one year upon a written report, accepted by the applicant, containing the findings set forth in Section 17.42.050 and incorporating such conditions as determined by the planning director to be necessary to protect the public health, safety and welfare.

F.

Conditions of Site Following Use. Each site occupied by a temporary use shall be cleaned of debris, litter or any other evidence of the temporary use upon completion or removal of the use and shall thereafter be used in compliance with these regulations. The planning director may require a bond or other financial security to ensure compliance with this subsection. Upon determination that the site has been restored to its original condition, the full amount of the security shall be returned to the applicant within thirty days of the termination of the use. If the site has not been restored to the original condition, the city shall have the right to apply up to the full amount of the security to the cost of site cleaning and restoration.

(Ord. 608 § 2, 2004: Ord. 568 § 3, 2000)

Application for a conditional use permit or a variance may be made to the planning commission by the owner of record of property for which the conditional use permit or variance is sought, or by an agent having written authorization from the owner to do so, on a form prescribed by the planning commission and shall be accompanied by maps, drawings and information required to demonstrate that the conditions under which such a permit may be issued pursuant to the provisions of this chapter apply to the subject property. Application for a conditional use permit or variance shall be accompanied by a fee in the amount specified from time to time by resolution of the city council.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

Upon receipt of an application for a conditional use permit or variance, the planning director shall set a date for a public hearing by the planning commission, which shall be held within forty-five days after the date of filing of the application. Notice of hearing shall be mailed at least ten days prior to the date of the hearing to the applicant, to owners of record of real property within three hundred feet of the exterior boundaries of the subject property as shown on the last equalized assessment roll, and to occupants of said real property, if other than the owner. The notice shall contain:

A.

The name and address of the applicant;

B.

The address or location of the subject property;

C.

The time and place of the hearing;

D.

A brief description of the permit or variance being sought;

E.

Reference to the application on file for particulars; and

F.

A statement that any interested person may appear and be heard.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

At the time and place set for the hearing the planning commission shall hear evidence for or against the application, and may continue the hearing from time to time. At the conclusion of the hearing the commission shall make findings and render its decision on the application, and notice of the decision shall be mailed to the applicant and to any other person requesting notice. A conditional use permit shall take effect ten days following the mailing of the notice of decision, unless an appeal of the decision is filed as provided in Chapter 17.46.

(Ord. 608 § 3, 2004: Ord. 445 § 2 (Exbt. A) (part), 1986)

An application for a use permit may be granted by the planning commission if it finds:

A.

That the proposed use will be consistent with the general plan and all applicable specific plans adopted by the city; and

B.

That under the circumstances of the particular case the establishment, maintenance or operation of the use will not be detrimental to the health, safety, comfort, convenience or general welfare of persons residing or working in the neighborhood of the proposed use, or detrimental to property and improvements in the neighborhood or to the general welfare of the city.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

The planning commission may grant a variance from the requirements of this title applicable within any district if, from the application and the evidence presented at the public hearing, it finds:

A.

That there are exceptional or extraordinary circumstances or conditions applicable to the subject property that do not apply generally to property in the same district and in the vicinity;

B.

That the granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecessary hardship; and

C.

That the granting of the application will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare, or convenience.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

A.

A conditional use permit or variance becomes null and void if not used within one year following its effective date, or within such shorter time as is specifically prescribed as a condition of the conditional use permit or variance. The planning commission may, without hearing, extend the time for a maximum period of one additional year only, upon application filed with it before the expiration of the one year or shorter period.

B.

In any case where the conditions of a conditional use permit or variance have not been or are not being complied with, the planning commission shall give written notice to the permittee of intention to revoke the conditional use permit or variance and shall set a date for a public hearing upon such proposed revocation. The notice shall be served on the owner of the subject property by mailing the notice to the owner at the address shown on the last equalized assessment roll at least ten days prior to the date of the hearing, and specify the time and place when and where it will be held. Following the hearing, and if the planning commission finds that there is good cause therefor, the commission may revoke the conditional use permit or variance.

C.

Unless specifically provided otherwise as a condition of a conditional use permit or variance, a valid use permit or variance granted pursuant to this chapter is transferable to the successors in interest of the original grantee.

The violation by any person of any provision or condition of a use permit or variance granted under the terms of this title is an infraction, punishable as provided in Section 1.04.030 of this code. Each such person is guilty of a separate offense for each and every day during any portion of which such a violation is committed, continued or permitted, and shall be punished accordingly.

(Ord. 445 § 2 (Exbt. A) (part), 1986)