All regulations in this Ordinance pertaining to the districts established by Chapter 17.009 are subject to the general provisions, conditions and exceptions contained in this chapter.

   If any ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this ordinance, or with respect to matters of height, area requirements or zone boundaries, the planning commission shall ascertain all pertinent facts and shall set forth its findings and interpretations and thereafter such interpretation shall govern, unless the city council of the city of Pismo Beach directs the planning commission to adopt a different interpretation.

   Public utility distribution lines, poles and underground facilities for the distribution of gas, water, communications and electricity shall be allowed in all districts without the requirement for obtaining a use permit or development permit when the utility lines are intended to service existing or nearby approved developments. It shall be the responsibility of the city to review any new utility distribution lines proposed to service a new development. This review shall be conducted during the consideration of any use and/or subdivision permits for a proposed development. All new transmission line locations and routes shall be reviewed by the city, and shall be undergrounded. All routes of proposed gas, water, communication and electric transmission lines and towers shall be submitted to the planning commission for their review and recommendation to the city council. The city council shall approve all such transmission line routes and facilities. Such determination shall be completed prior to the acquisition of rights-of-way therefore. Within the coastal zone, those distribution and transmission lines and other facilities not otherwise exempted under Section 30610 (d) and (f) of the Coastal Act, and as defined in the State Coastal Commission's Interpretive Guidelines adopted September 5, 1978, shall obtain a coastal development permit pursuant to the procedures above.

   Existing and proposed new above ground utility services shall be placed underground whenever feasible. This requirement shall not apply to single family homes and/or lots existing as of the date of adoption of this ordinance.

   All lands now or hereafter included within the city of Pismo Beach boundaries, which are not designated on the city's zoning map as being included in any classified districts, are and shall be designated "U" or unclassified districts excepting the case wherein the county's local coastal program identifies a land use designation and zoning designation. In this event, the county's designations and development standards in the coastal zone shall prevail in the city until such time as the city receives coastal commission certification for amended land uses and zoning designations.

   Whenever an official plan line has been established for any street, required yards shall be measured from such line and in no case shall the provisions of this ordinance be construed as permitting any encroachment upon any official plan line. The physical location of lot lines and required setbacks shall be the responsibility of the property owner and not the city.

   Grading and drainage plans shall be prepared and submitted to the public services department and city engineer for review as required with proposed development that increases surface runoff, alters natural drainage courses and for development requiring grading plans by the Grading and Erosion Control Ordinance (Title 18 of the Municipal Code of the city of Pismo Beach).

   It shall be the responsibility of the city to protect scenic views consistent with the general plan/local coastal program land use plan and all of its elements.

   In addition to other criteria established for the development or expansions of automotive service stations and garages, the following regulations shall apply:

   A.   The entrance to service bays shall, where feasible, be oriented away from or be screened from any adjacent streets;

   B.   All new and used merchandise shall be stored and displayed within the service station or garage building or be screened from public view, except tires, batteries and lubrication items which shall be maintained or stored in a neat condition;

   C.   No used or discarded automotive parts or equipment or disabled, junked or wrecked vehicles may be located outside the service station building or garage unless located entirely within an approved screened storage area. In addition, no house trailers, RV's or boats shall be stored the premises;

   D.   All hydraulic hoists and pits and all lubrication, greasing and permitted repair equipment must be located entirely within the building. No major automotive repair shall be permitted outside the structure;

   E.   All vehicles being repaired shall be parked on-site. There shall be no unsightly storage of vehicles.

   Topographic maps shall be required with development applications, and shall be to a scale as established by the Grading Ordinance. A topographic map shall include a topographic description of the project site as well as a topographic description to the center of any street(s) adjacent to the project site.

   Conversion of visitor serving lodging in R-4 and R-R zones to other non-visitor serving types of uses shall be prohibited unless the cost of rehabilitation is greater than fifty percent of the market value of the structure or the city finds, based upon supporting data, that the existing use can no longer be made economically viable.

   The following development applications are subject to architectural review:

   A.   Conditional use permits and development permits, except wherein no structures, landscaping, parking and fences are proposed or where no such improvements may be required;

   B.   Variance permits;

   C.   Architectural review permits;

   D.   Signs requiring planning commission approval;

   E.   Other items required by ordinance or general plan/local coastal program land use plan.

   Drawings, sketches and site plans for applications required for architectural review under the provisions of Chapter 17.121 shall be considered in an endeavor to provide that the architectural and general appearance of such buildings or structures and grounds be in keeping with the character of the neighborhood and such as not to be detrimental to the orderly and harmonious development of the city, or to impair the desirability of investment or occupation in the neighborhood, and that the project is consistent with the goals, policies and programs of the local coastal program land use plan.

   The following additional development and design standards shall be applicable to the development, enlargement or alteration of single-family dwellings in the R-1, R-2, R-3, R-4 and R-R Zones, except for the Pismo Heights planning area as defined in the Pismo Beach general plan/local coastal plan:

   A.   To avoid "boxy" structures that have unrelieved exterior wall planes extending in height for two or more stories and to promote vertical articulation of wall planes, the amount of gross floor area on any second floor shall not exceed eighty percent of the amount of gross floor area on the ground floor. Any "stepbacks" of the second-floor living area from the building footprint on the ground level shall be required to be provided at least in part on the street-side of the house unless infeasible.

   B.   In order to attain compatibility with the existing scale and character of the surrounding neighborhood, the development of new, and alteration of existing, single-family dwellings should include design features or elements that are similar or complementary to nearby residences, including but not limited to the following: building form and mass, exterior materials, roof form and style, and window shape and style.

   C.   The following design attributes are encouraged and shall be considered by the planning commission, or staff in cases where it has decision-making authority, in reaching decisions on architectural review permits:

   1.   Garages. Roll-up garage doors, or equivalent types of doors, shall be required to maximize parking area on the driveway apron and to avoid obstruction of sidewalks by parked vehicles.

   2.   Facade Articulation. Long expanses of uninterrupted exterior wall planes should be avoided. Exterior wall planes should be relieved by: provision of off-sets in wall planes; placement of windows; incorporation of porches, balconies, trellises or decks; incorporation of trim, ornamentation or architectural detailing appropriate to the building style; use of varied textures and colors; and use of other design accents to soften the architecture.

   3.   Roof Articulation. Long expanses of uninterrupted roof planes should be avoided. Roof heights, planes and lines should be varied. Traditional roof forms, especially gable and hip designs, should be used unless infeasible. Roof features, such as dormers or clerestories, are encouraged. If flat or low-slope roof forms are proposed, special care should be taken to assure compatibility with, and minimize shading of, adjacent structures. (Ord. 94-04 § 5, 1994)

   The planning commission shall encourage and may require projects to provide either passive or active solar systems for water heating and space air conditioning where feasible. The following techniques shall be explored:

   A.   Orientation of structures for maximum solar heat gain;

   B.   Proper location of roof overhangs and eves to maximize natural cooling and heating;

   C.   Utilization of deciduous trees south of structures to provide for natural cooling and heating;

   D.   Use of passive and active solar systems to provide room heating and cooling needs as well as water heating. Examples include soar heating greenhouses, trombe walls, solar panels and other proven solar technology.

   The planning commission shall require that CC&R's adopted for new residential development contain provisions for the protection of solar access to any solar collection device required to be constructed by the city for that development. Provisions to be enforced by the homeowners association shall include requirements that new vegetation, walls or structures may not be allowed to shade more than twenty percent of the average solar energy reaching active or passive solar collecting devices during the hours of ten a.m. and three p.m. Said solar collecting devices must be for the primary purpose of providing space heating or cooling, or water heating for the residence or pool.

   The planning commission shall require all new residential structures to provide for water and energy conserving devices consistent with applicable state and federal laws. Examples of such measures shall include, but not be limited to:

   A.   Low flow toilets, faucets and shower heads;

   B.   Additional insulation and weather stripping;

   C.   Drought residents plant materials;

   D.   High efficiency appliances and equipment; and

   E.   Other conserving measures using the latest technology.

   A.   Radioactivity or Electric Disturbances. No activities shall be permitted which emit radioactivity at any point which is dangerous to human beings. Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried beyond the boundary line of the property upon which the device is located. No radioactive fuel or waste shall be stored or transferred within the city.

   B.   Fire and Explosion Hazards. All activities involving materials, including storage thereof, shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment and devices standards in the industry. Burning of waste materials in open fires is prohibited at any place. The relevant provisions of state and local laws and regulations also apply.

   C.   Noise. At the lot or property line, the maximum sound pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the values for octave bands lying within the several frequency limits given in Table 105-A. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer, conforming to standards prescribed by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American Standards Association, Inc. New York, N.Y. and American Standard Specifications for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards Association, Inc., New York, N.Y. shall be used.)

   Table 105A

 

 

   If the noise is not smooth and continuous and is not radiated between the hours of ten p.m. and seven a.m., one or more of the corrections in Table 105-A shall be applied to the Octave band levels given in Table 105-A.

   Table 105-B

 

 

   D.   Vibration. No vibration shall be permitted to as to cause a noticeable tremor measurable without instruments at the lot line.

   E.   Glare. No direct or reflected glare, whether produced by floodlight, high temperature processes such as combustion or welding, or other processes, so as to be visible from any boundary line of property on which the same is produced shall be permitted. Sky-reflected glare from buildings or portions thereof shall be so controlled by such reasonable means as are practical to the end that the said sky-reflected glare will not inconvenience or annoy persons or interfere with the use and enjoyment of property in and about the area where it occurs.

   F.   Smoke. No emission shall be permitted at any point from any chimney or otherwise of visible grey smoke or of a shade equal to or darker than No. 2 on the Power's Micro-Ringlemann Chart published by the McGraw-Hill Publishing Company, Inc., and copyright 1954 (being a direct facsimile reduction of a standard Ringlemann Chart as issued by the United States Bureau of Mines) except that visible grey smoke of a shade equal to No. 3 on said chart may be emitted for four minutes in any thirty minutes.

   G.   Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air to four volumes of clean air, at the lot line. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that the control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors, Table III, "Odor Thresholds", in Chapter 5, "Air Pollution Abatement Manual", copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C.

   G.   Fly Ash, Fumes, Vapors, Gases and Other Forms of Pollution. No emission shall be permitted which can cause any damage to health, animals, vegetation, or other forms of property, or which can cause any excessive soiling at any point. No emissions shall be permitted in excess of the standards specified in Table I, Section 5, "Industrial Hygiene Standards, Maximum Allowable Concentrations," of the "Air Pollution Abatement Manual," copyright 1951 by the Manufacturing Chemists' Association, Inc., Washington, D.C. In no event shall any emission from any chimney or otherwise, of any solid or liquid particles in concentrations, exceed three-tenths grains per cubic foot of the conveying gas at any point. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500 degrees Fahrenheit and fifty percent excess air.

   H.   Liquid or Solid Wastes. No discharge at any point to any public sewer, private sewage disposal system, or stream, or into the ground, except in accordance with the standards approved by the California Department of Public Health or standards equivalent to those approved by such department for similar uses, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements shall be permitted.

   Where allowed by Chapter 17.045 (General Commercial (C-2) Zone), any adult business as defined by Chapter 17.006 (Definitions) of this Zoning Code shall be subject to the provisions of this section.

   A.   Purposes. This section is intended to prevent the adverse effects, including adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods, which can result from the concentration or clustering of adult businesses. It has been demonstrated in various communities, and such demonstrations are relevant to the city of Pismo Beach, that when several adult businesses are located in close proximity to each other or are close to other incompatible uses such as schools for minors, churches, and residentially-zoned districts or uses, the concentration of adult-oriented businesses causes an increase in the number of transients in the area, an increase in crime and, in addition to the above impacts, can cause other businesses and residents to move elsewhere.

   Therefore, the purpose of this section is to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses and their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.

   B.   Finding. Performance standards are a legitimate and reasonable means of ensuring that adult businesses are conducted in a manner so as to minimize their adverse secondary effects and to help assure that such operators and businesses comply with reasonable regulations related to such requirements, to minimize control problems associated with such businesses and thereby protect the health, safety and welfare of city residents, protect citizens from increased crime, preserve the quality of life, preserve property values and the character of surrounding neighborhoods and businesses, and deter the spread of urban blight. The performance standards contained in this chapter do not unreasonably restrict the establishment or operation of constitutionally protected adult businesses in the city.

   The city council, in adopting performance standards, recognizes that these standards do not preclude reasonable alternative avenues of communication. The city council takes note of the proliferation of adult material on the Internet and its availability as an alternative avenue of communication. The city council also considers and relies on published decisions examining the proliferation of communications on the Internet (Reno v. American Civil Liberties Union, 521 U.S. 844; Anheuser-Busch v. Schmoke, 101 F. 3d 325; U.S. v. Flockings, 129 F. 3d 1069; U.S. Thomas, 74 F. 3d 701). The emergence of the Internet brings with it a virtually unlimited additional source of adult-oriented sexual materials available to interested persons in every community. An adult business no longer has to be physically located in a city to be available in the community.

   C.   Applicability. The provisions of this section apply to uses operated as adult businesses, as defined in Chapter 17.62, in addition to all other applicable requirements of this Zoning Code. The establishment of an adult use shall include the opening of such business as a new business, the relocation of such business, the conversion of an existing business location to any adult use, or the granting of permits required of masseurs and masseuses which would have the effect of the establishment of an adult use or the intensification of an existing adult use.

   P.   Location Requirements. Adult businesses shall be located no closer than:

   1.   Five hundred feet to any:

   a.   Property in a residential zoning district;

   b.   Child day care facility;

   c.   School attended by minor children;

   d.   Park, playground;

   e.   Religious place of worship;

   f.   Public building or other public facility likely to be used by minors; existing as of March 1, 2005.

   2.   One thousand feet to any other adult business.

   Exemption. Adult businesses may be located within a shopping center, even when the business site does not meet the distance requirement in subsection (D)(1) of this section.

   E.   Measurement. For the purpose of this chapter, all distances shall be measured in a straight line, without regard for intervening structures, using the closest property lines of the parcels of the land involved.

   F.   Design and Performance Standards. The establishment or operation of an adult-business shall comply with the applicable fees and site development standards, including, but not limited to, parking and design review, and the requirements of the Uniform Codes and building regulations and standards adopted by the city of Pismo Beach.

   An adult business shall comply with the following design and performance standards:

   1.   Signs and Advertising. Signs, advertisements, displays, or other promotional materials depicting or describing "specified anatomical areas" or "specified sexual activities", as defined in Chapter 17.006, or displaying instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities" shall not be shown or exhibited so as to be discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment business is conducted.

   2.   Entrances. Each adult business shall have a business entrance separate from any other non-adult business located in the same building.

   3.   Screening.

   a.   All building openings, entries, and windows for an adult entertainment business shall be located, covered or screened in such a manner as to prevent a view into the interior of an adult entertainment business from any area open to the general public.

   b.   No adult entertainment business shall be operated in any manner that permits the observation by the public of any material or activity depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any location beyond the walls of the building or portion thereof in which the adult entertainment business is conducted.

   5.   Prohibition of Minors--Posting. The building entrance to the adult entertainment business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises. No persons under the age of eighteen years shall be permitted within the premises at any time.

   6.   Noise. No loudspeakers or sound equipment shall be used by an adult business for amplification of sound to a level discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment business is conducted.

   7.   Parking. Off-street parking shall be provided for the adult entertainment business in compliance with Chapter 17.34 (Parking and Loading).

   8.   Operating Standards. See Title 9 of the Municipal Code for additional requirements for businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities.

   9.   Security Program. An off-site security program shall be prepared and implemented including the following:

   All off-street parking areas and building entries serving the adult entertainment business shall be illuminated during all hours of operation with a lighting system which provides a minimum maintained horizontal illumination of one foot- candle (ten luxes, one candlepower) of light on the parking surface and/or walkway. The required lighting level is established to provide sufficient illumination of the parking areas ands walkways serving the adult business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct.

   G.   Application Requirements. In addition to the submittal of a business license application to the finance department, the following must be submitted to the police department for a determination of compliance with Title 9 of the Municipal Code:

   1.   The name and permanent address of applicant;

   2.   The name and proposed business address of the applicant. If the applicant is a corporation, the name be exactly as set forth in its articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning not less than twenty-five percent of the stock of the corporation. If the applicant is a partnership, the application shall show the name and residence address of each of the members, including limited partners;

   3.   A detailed description of the proposed entertainment, including type of entertainment and number of persons engaged in the entertainment;

   4.   A diagram of the premises showing a floor plan thereof specifying where the specific entertainment uses are proposed to be conducted within the building, the location of one or more manager's stations, the location of all overhead lighting, fixtures, and designating any portion of the premises in which patrons will not be permitted;

   5.   Hours of operation and the admission fee, if any, to be charged;

   6.   The name or names of the person or persons who have the management of supervision responsibilities of the applicant's business and of any entertainment;

   7.   A statement of the nature and character of the applicant's business if any, to be carried on in conjunction with such entertainment;

   8.   A site area map showing the proposed business location and plotting of all uses listed.

   9.   A mailing list of all property owners within one thousand feet of the proposed business location.

   Prior to the issuance of a police clearance, the police department shall complete a background investigation of all parties identified in subsections (G)(1) and (G)(2) of this section.

   H.   Inspections. An applicant or permittee shall permit representatives of the police, health, building, fire, and public services departments, or other city departments or agencies, to inspect the premises of an adult business for the purpose of ensuring compliance with the law and the development standards applicable to adult business, at any time it is occupied or opened for business. A person who operates an adult business or his or her agent or employee is in violation of the provisions of this section if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business.

   I.   Amortization of Nonconforming Adult Oriented Uses. Any use of real property existing on or before the date when this amendment becomes effective that did not conform to the provisions of this section, but which was constructed, operated and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued until two years from date of adoption. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the hearing officer in accordance with the provisions of subsection J of this section.

   1.   Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult oriented business shall result in a loss of legal nonconforming status of such use.

   2.   Amortization--Annexed Property. Any adult oriented business which was in legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provisions of this section shall be terminated within one year of the date of annexation unless an extension of time has been approved in accordance with the by provisions of subsection J of this section.

   J.   Extension of Time for Termination of Nonconforming Use. The owner or operator of a nonconforming adult business use as described in subsection I of this section, may apply under the provisions of this section for an extension of time within which to terminate the nonconforming use.

   1.   Time and Manner of Application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of this section may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the city clerk at least thirty days but no more than one hundred eighty days prior to the time established in subsection I of this section, for termination of such use or within sixty days of the effective date of the ordinance codified in this chapter, whichever date is the last to occur.

   2.   Content of Application--Fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the city council.

   3.   Hearing Procedure. The city manager or his/her designee shall set the matter for hearing by the planning commission within a reasonable time. Pending a final determination on the application, the applicant may continue to operate, but such right does not excuse compliance with regulatory provisions of the Pismo Beach Municipal Code. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues and may be represented by counsel. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the planning commission may be appealed to the city council. Any decision of the city council shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.8.

   4.   Approval of Extension--Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, not to exceed two years, and shall be approved only if the planning commission makes all of the following findings or such other findings as are required by law:

   a.   The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted. Such property or structure cannot be readily converted to another use, and such investment was made prior to the effective date of the ordinance codified in this chapter;

   b.   The applicant will be unable to recoup said investment as of the date established for termination of the use; and

   c.   The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with this section.

   K.   Severability. If any section, subsection, paragraph, subparagraph or provision or this chapter or the application thereof to any person, property or circumstance is held invalid, the remainder of the chapter and application of such to other persons, properties or circumstances shall not be affected thereby.

   L.   Violations. It shall be unlawful to establish or operate an adult entertainment business in violation of this chapter. Any person who violates any provision of this chapter shall be guilty of a misdemeanor. Nothing in this chapter shall be deemed or constituted to prevent the city from commencing any civil proceeding otherwise authorized by law for the declaration or abatement of a public nuisance. (Ord. 05-02 § 1 (Att. A (part)), 2005: Ord. 04-010 § 1 (Att. A (part)), 2004)

   The Public Services Department Residential Projects in the City of Pismo Beach. The department shall coordinate the review of and provide information about the status of all local permits for all residential projects. A service charge may be designated by the city planner for such service based on time and materials costs.

   Projects shall not be deemed filed until all materials, plot plans, elevations, grading plans and other necessary information have been received by the planning department. The planning department shall indicate upon the file copy of the tentative map and accompanying data the date of filing. Not later than thirty calendar days after the city has received an application for a development, the city shall determine in writing whether such application is complete and shall immediately transmit such determination to the applicant for such project. If the written determination is not made within the aforementioned thirty days, the application shall be deemed complete.

   The city shall approve, conditionally approve or disapprove within one year after the date of filing (see Section 17.105.160), any development applications other than subdivisions. Subdivision applications shall be approved, conditionally approved or disapproved within fifty days after the filing thereof or within one year of the date of filing if an environmental impact report or additional information is required. Applications for tentative tract or parcel maps (subdivisions) in all zones (except R-1 zones) must be accompanied with an approved development permit or conditional use permit, in addition to other applicable submittal requirements. The application for the tentative tract or parcel map will not be deemed complete for filing purposes until such time as the associated development permit or conditional use permit has been approved for the proposed development. In the event the city fails to approve, conditionally approve or disapprove a development application within the time periods stated above, such failure to act shall be deemed to be approval of the project, provided however, the city reserves the right to complete any environmental determinations in process at the time of approval and place conditions on said development to ensure that the provisions of the California Environmental Quality Act, the city's adopted environmental guidelines, zoning ordinance and general plan are met. Extensions of time limits, as stated above, may be made upon the consent of the city and the applicant.

   A fee schedule shall be adopted by resolution of the city council of Pismo Beach and amended as necessary to reflect current costs of processing.

   Notice of the required public hearings shall be given as provided by law. In addition, the city planner may notice for public hearings other items deemed to be of public concern.

    To the extent that the following uses are permitted in a certain zone pursuant to Title 17 of this code, whether by right or as a conditional use, such uses shall also be subject to the limitation that each instance of the use must be located at least one thousand (1,000) feet away from any like establishment. One thousand feet shall be the minimum linear distance between the closest points along the boundaries of the parcel upon which the existing use is located and the parcel upon which the additional use is proposed, respectively, as determined by the Community Development Director or designee.