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))
