Applications for use permits shall be made to the Commission, in writing, on forms prescribed by the Commission, shall be accompanied by the plans and elevations necessary to show the detail of the proposed use of the building, and shall include such information as is required on said application. Such applications shall be accompanied by a fee as set forth in Article 37 of this chapter.

(§ 14.02, Ord. 363, as amended by § 7, Ord. 538-C.S., eff. December 27, 1989)

The Commission shall hold a public hearing on each application for a use permit and shall give notice of such hearing by publication in a newspaper of general circulation within the City at least ten (10) days prior to the hearing and by mailing a post card notice not less than ten (10) days prior to the date of the hearing to the owners of the property within a radius of 300 feet of the exterior boundaries of the property which is the subject of the application, using for such purpose the last known name and address of such owners as shown upon the assessment roll of the County. The failure of any person to receive such notice shall not invalidate the use permit proceedings. The public hearing shall be conducted as set forth in Chapter 2 of Title 2 of this Code.

(§ 14.03, Ord. 363, as amended by § 8, Ord. 538-C.S., eff. December 27, 1989)

(a)

The Commission shall grant a use permit only upon making all of the following findings:

(1)

That the establishment, maintenance, or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, and welfare of the persons residing or working in the neighborhood or to the general welfare of the City;

(2)

That the use or building applied for is consistent with the applicable provisions of the General Plan and other applicable laws of the City and, where applicable, the local Coastal Plan; and

(3)

Where applicable, that the use or building applied for is consistent with the City's adopted Design Guidelines.

(b)

Based upon the findings set forth in subsection (a) of this section, the Commission may grant, conditionally grant, or deny an application for a use permit and may impose such conditions in connection with the use permit as the Commission deems necessary to secure the purposes of this chapter and may require guarantees or evidence that such conditions are being or will be complied with.

(c)

Findings shall be in writing and shall be based upon substantial evidence in view of the whole record.

(§§ 14.04, 14.05, and 14.06, Ord. 363, as amended by § III (A), Ord. 489-C.S., eff. October 14, 1987, and § 9, Ord. 538-C.S., eff. December 27, 1989)

In the event the applicant or any aggrieved person is not satisfied with the action of the Commission on the application for a use permit, he may appeal to the Council. Such appeal shall be governed by the procedures set forth in Section 9-4.3208 of Article 32 and accompanied by a fee as set forth in Section 9-4.3602 of Article 36 of this chapter.

(§ 14.07, Ord. 363, as amended by § 2, Ord. 458, § 9, Ord. 444-85, eff. June 12, 1985, § III (B), Ord. 489-C.S., eff. October 14, 1987, and § 6, Ord. 630-C.S., eff. August 24, 1995)

Use permits, which shall be revocable, conditional, or valid for a term period, may be issued for any of the uses or purposes for which such permits are required or permitted by the provisions of this chapter.

(§ 14.01, Ord. 363)

No building permit shall be issued in any case where a use permit is required by the provisions of this chapter until ten (10) days after the granting of such use permit by the Council in the event of an appeal, and then only in accordance with the terms and conditions of the use permit granted.

(§§ 14.08 and 14.09, Ord. 363, as amended by § III (D), Ord. 489-C.S., eff. October 14, 1987, as renumbered by § III (E), said Ord. 489-C.S.)

Use permits granted in accordance with the provisions of this chapter shall become null and void if not exercised within one year after the effective date of such permit, unless the terms of the permit allow a greater period of time. The permit shall not become null and void if:

(a)

A building permit has been issued by the Chief Building Official and construction has been started on the site and diligently pursued toward completion; or

(b)

A certificate of occupancy has been issued by the Chief Building Official for the site or structure for which the permit was issued.

(§§ 14.10 and 14.11, Ord. 363, as renumbered by § III (E), Ord. 489-C.S., eff. October 14, 1987)

Use permits may be renewed for an additional period not to exceed one year provided, prior to the expiration of the permit, an application for renewal is filed with the Commission. The Commission may grant or deny an application for renewal. No public hearing shall be required for renewal; provided, however, no condition of the use permit may be added, altered, or amended without first holding a public hearing pursuant to the provisions of Section 9-4.3302 of this article.

(§§ 14.12 and 14.13, Ord. 363, as renumbered by § II (E), Ord. 489-C.S., eff. October 14, 1987)

(a)

Violations. Any use permit granted pursuant to the provisions of this article may be revoked if any of the conditions or terms of such permit are violated or if any law is violated in connection therewith.

(b)

Hearings: Notices. The Commission shall hold a public hearing on the proposed revocation of such permit after giving written notices to the permittee and to the owners of adjacent property, as set forth in Section 9-4.3302 of this article, at least ten (10) days prior to the hearing and shall submit its recommendations to the Council. The Council shall act thereon within thirty (30) days after the receipt of the recommendations of the Commission.

(§§ 16.01, 16.02, and 16.03, Ord. 363, as amended by § III (E), Ord. 489-C.S., eff. October 14, 1987)