The purpose of this chapter is to provide for uses that are essential or desirable but cannot be readily classified as principal permitted uses in individual districts by reason of their special character, uniqueness of size or scope, or possible effect on surrounding uses or the general community. The intent of this chapter is to provide the mechanism for requiring specific consideration of these uses.

(Ord. 315 § 1 (part), 1981)

The provisions of this chapter shall apply to those uses listed under Section 14.62.030 and under conditional uses and those uses listed in the uses permitted with a conditional use permit section of the various zone districts.

(Ord. 315 § 1 (part), 1981)

In addition to the conditionally permitted uses listed in specific zoning districts, the following uses may be permitted in any district in which they are not otherwise permitted, subject to the granting of a conditional use permit as set forth in this chapter:

1.

Airport;

2.

Animals, use of property for animals different in kind or greater in number than otherwise permitted in this title;

3.

Artist's studio;

4.

Cemetery;

5.

Church;

6.

Club;

7.

Educational facilities, including nursery schools and day nurseries, colleges, and schools;

8.

Electrical substations;

9.

Charitable institutions for the care of human beings (except when human beings are housed under restraint);

10.

Fairgrounds;

11.

Fences and walls of six feet or more in height;

12.

Golf courses and driving ranges;

13.

Hospitals, sanitariums, convalescent homes, rest homes, subject to the additional requirements of this chapter;

14.

Library;

15.

Master television antenna system;

16.

Monastery;

17.

Museum;

18.

Pipelines pursuant to the provisions of Section 14.50.010(11), (12), and (13);

19.

Buildings, structures, and uses of a public works, public service or public utility nature, excluding the permitted uses of the public utility zoning district;

20.

Sea walls, revetments, and groins, subject to the provisions of Section 14.50.010(4);

21.

Riding arena;

22.

Large residential care facility;

23.

Stable, commercial;

24.

Transmission lines, high voltage;

25.

Uses, buildings and structures accessory and customarily incidental to the above uses;

26.

Any other use, building, or structure which in the opinion of the planning commission is compatible with the zoning district, is of similar or lighter intensity of use, and is not injurious to the health, safety or welfare of the neighborhood because of noise, odor, dust, smoke, vibration, danger to life and property or other similar causes.

(Ord. 414 § 3, 1987; Ord. 315 § 1 (part), 1981)

(Ord. No. 668, § 2, 6-27-2016)

1.

As many copies of a conditional use permit application as may be required by the community development department shall be submitted to the community development department. The application shall contain all or as much of the submittal requirements for a development plan, Chapter 14.68, as are applicable to the request.

2.

In the case of a conditional use permit application in a zone district that requires a development plan, a development plan will not be required in addition to obtaining a conditional use permit.

3.

Where a conditional use permit application is submitted in conjunction with a development plan, the conditional use permit shall be processed concurrently with the development plan.

4.

Upon receipt of the required application, maps, and data, the community development department shall distribute one copy each to the appropriate city and county agencies/departments and, where the property abuts a state highway, to the district highway engineer.

5.

Within fifteen days of the stamped date of receipt, each such agency may file with the community development department recommendations for such improvements and revisions to be required as conditions of approval in order to protect the public health, safety and welfare, as determined by that agency. Failure to submit a written report within the time limit prescribed shall be deemed approval of said application by such other agency without conditions.

6.

Upon receipt of the written reports from city and county agencies/departments, the community development department shall prepare a staff report to the planning commission.

7.

The planning commission shall hold at least one public hearing on the requested conditional use permit and either approve, conditionally approve, or deny the request. Notice of the time and place of said hearing shall be given in the manner prescribed in Chapter 14.76. The planning commission action shall be final, subject to appeal to the city council as provided in Chapter 14.78.

8.

Upon determination that the following criteria have been met, the planning commission may grant a conditional use permit, as it was applied for or in modified form:

a.

The site for the proposed use is adequate in size and shape to accommodate the use;

b.

The site for the proposed use is served by streets and highways that are properly designed to carry the type and quantity of traffic generated by the subject use;

c.

The granting of the permit will not materially adversely affect such necessary community services as sewage disposal, fire protection, water supply, and police protection;

d.

The granting of the permit will not be detrimental to the health, safety, and general welfare of the neighborhood;

e.

The proposed use is consistent with the coastal plan, general plans, and applicable specific plan(s);

f.

The proposed use will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

g.

The proposed development will not conflict with recorded easements acquired by the public-at-large for access through or use of the property within the proposed development or any easements granted to any public agency or required as a condition of approval;

h.

Any other conditions which are reasonably necessary to protect the public peace, health, safety, and general welfare.

9.

Conditional use permits may be granted for such period of time and upon such conditions and limitations as may be required to protect the health, safety, and general welfare of the community. Such conditions shall take precedence over those required in the specific zone districts.

10.

Any amendments to a conditional use permit shall be processed in the same manner as specified for approval of the original conditional use permit.

11.

The applicant shall agree in writing to comply with all reasonable conditions imposed by the planning commission to insure compliance with the criteria stated in this section. The planning commission may, as a condition of approval of a conditional use permit, require the posting of bonds with the city clerk to ensure compliance with any of the requirements imposed.

(Ord. 315 § 1 (part), 1981)

At the time a conditional use permit is approved by the planning commission, the commission may establish a time limit within which the subject property shall be developed. The time limit set by the commission shall be a reasonable time based on the size and nature of the proposed development. If no date is specified, the time limit shall be one year from the date approval is granted. The time may be extended by the planning commission for good cause when the applicant presents proof of an unusual hardship. If the time limit expires and no extension has been granted, then the conditional use permit shall be considered null and void. A conditional use permit shall automatically become null and void if the use permitted under the conditional use permit is discontinued for a period of more than one year.

(Ord. 315 § 1 (part), 1981)

If any of the conditions of the conditional use permit are not complied with, the planning commission, after written notice to the permittee and a hearing, may revoke the conditional use permit.

(Ord. 315 § 1 (part), 1981)

A.

In addition to the findings required by Section 14.62.040, the city council shall approve, conditionally approve or deny a conditional use permit, as it was applied for or in modified form, to allow a retail use with a total square footage greater than twenty thousand square feet if the following criteria have been met:

1.

The use and size of the development at the proposed location, enhances the balance of retail and service needs of residents and visitors, and promotes the concentration of use in the downtown area or an existing commercial node;

2.

The proposed use will not result in an over-concentration of that type of retail use in a particular area such as a shopping center or commercial district;

3.

The proposed use and development provides amenities, services and/or associated on-site or off-site improvements that enhance the unique small beach town character of the community;

4.

The proposed use minimizes adverse impacts to traffic such that no existing intersection volume to capacity ratio will decrease by more than five percent, provided however, that no intersection level of service will degrade below a level of service C as defined in the circulation element;

5.

Adequate parking is provided on-site by meeting without exceeding the standards set forth in Chapter 14.54 of this Code and/or other allowed parking programs as provided in the Municipal Code;

6.

The proposed development encourages alternative transportation by providing pedestrian and access amenities such as walkways, bus stops and bicycle racks;

7.

The proposed use will not materially adversely affect the economic welfare of the city, its commercial districts, or existing local retail providers based on evidence provided by the applicant and reviewed and accepted by the city.

(Ord. 632 § 2 (part), 2008: Ord. 631 § 4 (part), 2008)

A.

In addition to the findings required by Section 14.62.040, the city council shall approve, conditionally approve or deny a conditional use permit, as it was applied for or in modified form, to allow a concentration of uses if the following criteria have been met:

1.

The proposed use will not adversely affect nearby neighborhoods considering the distance of the certain use as specified in CMC 14.20.070 to other such existing certain uses;

2.

The proposed project will not contribute to law enforcement problems associated with an undue concentration of certain uses as specified in CMC 14.20.070 in the vicinity;

3.

The proposed project will complement existing uses and not have a blighting or deteriorating effect upon surrounding areas.

(Ord. No. 643, § 2, 1-25-2010)

A.

A SRO unit shall have a minimum size of one hundred fifty square feet and a maximum size of four hundred square feet.

B.

Occupancy shall be limited to a maximum of two persons per unit.

C.

A SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.

D.

A SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.

E.

Each SRO unit shall be provided with one closet per person, telephone hookups and cable or satellite TV hookups.

F.

If laundry facilities are not provided in each unit, common laundry facilities shall be provided, with one washer and one dryer on the premises for every ten units.

G.

Elevators shall be required for SRO buildings of two or more stories.

H.

Onsite management shall be provided at all times.

I.

Off-street parking shall be provided at the rate of 0.5 space per unit, plus one space for each employee on duty.

J.

Tenancy of SRO units shall be limited to thirty or more days.

(Ord. No. 668, § 2, 6-27-2016)