Use permits may be granted for any of the uses or purposes for which such permits are required by the provisions of this title. Temporary use permits may be granted for a period up to six months in developed areas and up to one year in undeveloped areas.

(Ord. 635 § 21.1, 1965)

Application for a use permit shall be made on a prescribed form and shall be accompanied by the following:

A.

Nonrefundable filing fee, to be established by resolution of the city council;

B.

Three copies of a site or elevation plan (at least eight and one-half by eleven inches) showing, where applicable, the size of the lot, dimensions and locations of proposed and existing buildings or structures on the lot.

(Ord. 880 § 3, 1978: Ord. 635 § 21.2, 1965)

The planning commission shall hold one public hearing in conformance with Section 2.18.080 within ninety days after the filing of the application and shall give notice thereof by at least one publication in a newspaper of general circulation published within the city, at least ten days prior to such hearing. In addition, not less than three notices of the public hearing shall be posted along the street on which the property affected by such application fronts. Posting shall be completed not less than ten days prior to such public hearing.

(Ord. 1093 § 2, 1988: Ord. 635 § 21.3, 1965)

Within ninety days after the close of the public hearing, the planning commission shall approve, conditionally approve or disapprove the application and shall notify the applicant in writing of its decision.

(Ord. 635 § 21.4, 1965)

A.

Prior to the approval of any use permit, the city council, upon receipt of the planning commission report, shall find that the establishment, maintenance or operation of the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood, or be injurious or detrimental to the property and improvements in the neighborhood or to the general welfare of the city. In the coastal zone, specific findings of conformance with access, recreation and other relevant policies of the local coastal plan shall be made.

B.

The construction or operation of new gasoline service stations and conversion of existing gasoline service stations to self-service gasoline service stations with accessory use, shall not be allowed unless an additional finding be made that the new construction or operation of the proposed gasoline service station, or conversion of an existing gasoline service station will not significantly adversely affect or limit the public health, safety or welfare in any of the following respects:

1.

Public availability of minor emergency help and safety services such as light mechanical repairs, open public restrooms; and

2.

The public availability of full-service gasoline service stations to those individuals needing refueling assistance.

(Ord. 1027 § 5, 1985; Ord. 1006 § 9, 1983; Ord. 635 § 21.5, 1965)

The planning commission may designate such conditions in connection with the use permit as it deems necessary to secure the purposes of this title and may require guarantees and evidences that such conditions are being or will be complied with.

(Ord. 635 § 21.6, 1965)

Upon completion of the public hearing, the planning commission shall make a written report including its written findings to the city council setting forth the recommendations and findings of the planning commission.

(Ord. 1093 § 3, 1988: Ord. 635 § 21.7, 1965)

Upon receipt of the planning commission's report, the city council may in its discretion affirm or deny the recommendation of the planning commission. The city council may designate and establish such conditions as it deems necessary in connection with the proposed use permit and in accordance with the findings required by Section 17.44.050, whether such conditions are different from less than or in addition to those suggested by the planning commission. The city council shall either adopt the written findings of the planning commission or make its own written findings. The findings shall be based upon substantial evidence in view of the whole record to justify the ultimate decision.

(Ord. 1093 § 4, 1988: Ord. 1006 § 10, 1983: Ord. 635 § 21.8, 1965)

Despite any provision in this title to the contrary, failure of the city council to act upon any application for a use permit shall not under any circumstance constitute an approval of such application.

(Ord. 635 § 21.9, 1965)

A use permit granted in accordance with the terms of this title shall be automatically terminated if not used within one year from the date of approval. A use permit shall not be deemed used or exercised until the permittee has actually obtained a building permit and commenced construction thereunder or has actually commenced the permitted use on the premises. Where a use permit is granted in conjunction with a tentative map for a condominium development pursuant to Section 17.37.030, the use permit shall terminate one year after the approval of the final subdivision map by the city council, if not used. Upon written request from the permittee, such use permit may be extended by the city council for a maximum period of six months.

(Ord. 988 § 1, 1983)

Any use permit granted in accordance with the terms of this title may be revoked if the terms and conditions imposed by the planning commission or city council are violated.

(Ord. 635 § 21.11, 1965)