Note: Editor's note—Ord. of 2-22-2011(1), adopted February 22, 2011, repealed the former Chapter 17.82, §§ 17.82.010—17.82.070, and enacted a new Chapter 17.82 as set out herein. The former Chapter 17.82 pertained to similar subject matter. See Code Comparative Table for complete derivation.
A. 
These provisions do not negate the specific uses designated for each zoning district, but rather serve as a supplemental guide providing added protection to existing zoning districts and at the same time encouraging orderly growth.
B. 
The purpose of issuing a use permit shall be:
1. 
To assure that the degree of compatibility with the purpose of this chapter be maintained with respect to the particular use on a particular side and consideration of other existing and potential uses within the general area in which such use is proposed to be located; and
2. 
To recognize and compensate for variations in degree of technological processes and equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors, and hazards;
3. 
To assure that such use will be placed on a site that is both suitable and adequate and that the use will have a minor effect on present and future traffic and that such use will not become a nuisance to the neighborhood and such use conforms to the priorities for development in each district and with the policies of the land use plan and makes provisions for adequate off-street parking and loading, as well as landscaping and screen planning, as well as other matters pertinent to the particular case.
(Ord. of 2-22-2011(1))
All use permits are always revocable and may be made conditional or valid for a specific time period and shall be issued by the planning commission or by the affirmative vote of the city council upon appeal for any of the uses for which a use permit is required by the terms of this title. Use permits must be obtained for those uses designated as requiring use permits under these regulations, whether use be in connection with new construction, additions or enlargements or extensions of use.
(Ord. of 2-22-2011(1))
A. 
Applications for a use permit or a special use permit or a temporary use permit shall be made to the planning director in writing on a form prescribed by the commission and shall be accompanied by plans, sketch plans, and elevations of the building. Applications filed under this section shall be accompanied by such fees as shall from time to time be set or established by resolution of the city council. Every application for a use permit or special use permit or temporary use permit shall be signed by the owner of the property for which the permit is sought, or his agent. In the case of leased premises the owner of the underlying fee title or his agent shall sign the application.
B. 
Use permits and special use permits and temporary permits are not personal to the applicant. Permission granted under a use permit or a special use permit or a temporary use permit is an incident of ownership of the property for which it is granted. The owner of the property shall be responsible for compliance with the terms and conditions of issuance, if any, of a use permit or special use permit or a temporary use permit.
C. 
Applications for use permits, special use permits or temporary use permits shall be either referred directly by the planning director to the planning commission for public hearing and decision or where such is the case, be considered by the planning director and processed by him or her, in which event he shall make his written determination and transmit a copy thereof to the applicant.
(Ord. of 2-22-2011(1))
Upon the filing of a written application for a use permit by a property owner or by a lessee with the consent of the owner, the planning commission shall give seven days notice to the residents and owners of all properties which are immediately adjacent and opposite from the property in question. Such notice shall give intent to consider at a public hearing the granting of the use permit. Upon filing of an application for use permit the planning director shall give notice by mail of the time, place and purpose thereof to the applicant as well as to the public in general. Within twenty days following the termination of the public hearing on a use permit the planning commission shall announce its findings by formal report, and such report shall recite among other things the facts and reasons which, in its opinion, made the granting or denial of the use permit necessary to carry out the provisions and general purpose of these regulations, and shall order that the use permit be granted or denied, and if such report orders that the use permit be granted it shall also recite such conditions and limitations as it may impose. The formal report of the planning commission announcing its findings and orders after a hearing on and application for use permit shall become a permanent record in the files of the planning commission. No later than ten days following the rendering of a decision ordering that a use permit be granted or denied a copy of the report shall be mailed to the applicant, any other person requesting such report, and to the state's Coastal Commission.
(Ord. of 2-22-2011(1))
The order of the planning commission in granting or denying a use permit shall become final and effective ten days after the rendering of its report granting or denying the use permit unless within such tenday period an appeal in writing is filed with the city by any person dissatisfied with the decision of the planning commission. The filing of such appeal within such limit shall stay the effective date of the order of the planning commission until such times as the council has acted on the appeal.
(Ord. of 2-22-2011(1))
A. 
Upon request of a written appeal filed with the council as provided herein, the planning commission shall transmit to the council the planning commission's complete record of the case. The city council shall, within a period not to exceed forty days following receipt of the written appeal, conduct a duly advertised public hearing, public notice of which shall be given as provided in Section 17.81.040, and in addition provide written notice to individuals requesting such notices as well as to the California Coastal Commission.
B. 
The council shall announce its findings and decision by formal resolution not more than forty days following the termination of proceedings of the hearing. Such resolution shall recite among other things the facts and reasons which, in the opinion of the council, make the granting or denial of the use permit necessary to carry out the general purpose of this chapter and shall order that the use permit be granted or denied or modified subject to such conditions or limitations that it may impose.
(Ord. of 2-22-2011(1))
Not later than ten days following the adoption of a resolution ordering that a use permit be granted or denied, a copy of such resolution shall be mailed to the applicant, any other parties requesting notice of the action, and to the state's Coastal Commission, and one copy shall be attached to the planning commission's file on the case and such file returned to the planning commission for permanent filing.
(Ord. of 2-22-2011(1))