Except as specifically provided herein, this Title shall not be interpreted to repeal, abrogate, annul or in any way affect any other existing provision of any law or ordinance or regulations or permits previously adopted or issued relating to the erection, construction, moving, alteration or enlargement of any building or improvement; provided, however, in any instances where this ordinance imposes greater restrictions upon the erection, construction, establishment, moving, alteration or improvement of buildings or the use of any building or structure than is imposed or required by any existing law, ordinance or regulation, the provisions of this ordinance shall control. A fee may be required.

   Whenever the planning commission of the city of Pismo beach is called upon to determine whether or not the use of land or any structure in any district is similar in character to the particular uses allowed in the district, the commission shall consider the following factors as criteria for their determination.

   A.   The degree of similarity with permitted uses;

   B.   Effect upon the public health, safety and general welfare of the neighborhood involved and the City at large;

   C.   Effect upon traffic conditions; and

   D.   Effect upon the orderly development of the area in question, and the city at large in regard to the general planning of the whole community.

   The planning commission, after holding a noticed public hearing, shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this Title.

   In case the applicant is not satisfied with the planning commission action on his appeal, he may within ten business days appeal in writing to the city council. An appeal will not be considered unless accompanied by a fee or other appropriate method as established by the city council.

   Notice shall be given to the planning commission of such appeal, and a report shall be submitted by the commission to the city council, setting forth the reasons for the action taken by the commission. Such report shall be submitted in writing or by representation at the hearing.

   The city council shall render its decision within forty-five days after filing such appeal.