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City of San Leandro A-88 B. New Application. If an application for a use permit or variance is disapproved, no new application for the same or substantially the same, use permit or variance shall be filed within one year of the date of denial of the initial application, unless the denial is made without prejudice. 5.08.144 Temporary Use Permits A temporary use permit authorizing certain temporary use classifications as listed in various residential, commercial, and industrial districts under the heading “Temporary Uses Subject to Administrative Review...” shall be subject to the provisions of this section. Temporary uses shall include: Christmas Tree and Pumpkin Sales; Commercial Filming; Assembly Uses, Temporary; Street or Neighborhood Fairs; Temporary Real Estate Offices; Outdoor Retail Sales; Temporary Storage Containers; Circuses and Carnivals ; Trade Fairs; Non-Recurring Swap Meets; and Animal Shows. The definitions for these temporary uses are found in Section 1.12.108 Definitions. In the event that a temporary use other than those listed above is proposed, the Zoning Enforcement Official shall review the proposed use and shall determine if it should be treated as a temporary use. A. Application and Fee. A completed application form and the required fee shall be submitted to the Zoning Enforcement Official. The Zoning Enforcement Official may request any other plans and materials necessary to assess the potential impacts of the proposed temporary use. B. Duties of the Zoning Enforcement Official. The Zoning Enforcement Official shall approve, approve with conditions, or deny a complete application within a reasonable time. No notice or public hearing shall be required. C. Required Findings. The application shall be approved as submitted, or in modified form, if the Zoning Enforcement Official finds: 1. That the proposed temporary use will be located, operated, and maintained in a manner consistent with the policies of the General Plan and the provisions of this Chapter; and 2. That approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare. D. Conditions of Approval. In approving a temporary use permit, the Zoning Enforcement Official may impose reasonable conditions necessary to: 1. Achieve the general purposes of this chapter and the specific purposes of the zoning district in which the temporary use will be located, or to be consistent with the General Plan; 2. Protect the public health, safety, and general welfare; or 3. Ensure operation and maintenance of the temporary use in a manner compatible with existing uses on adjoining properties and in the surrounding area. E. Effective Date; Duration; Appeals. An approved temporary use permit shall be effective on the date of its approval; a disapproved permit may be appealed by the applicant, as provided in Chapter 5.20 Appeals. The permit shall be valid for a specified time period not to exceed 90 days as specified by the Zoning Enforcement Official’s approval action. The temporary use permit shall specify the 269