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A. Generally. The purpose of the PC district is to design and promote the orderly development of a business area as primarily a retail shopping and employment facility to serve present and future needs of coastal visitors and the residential community, with emphasis on preserving and expanding the characteristics of the area in which the commercial use is proposed. The regulations in this chapter shall apply in all PC districts and shall be subject to the provisions of Section 17.40.120.

B. Planning Commission Approval.

1. Prior to the establishment of any use or the construction of any building in a PC district the planning commission may adopt the proposed plan or any part thereof in such form as deemed advisable.

2. The planning commission shall submit a report of its findings and recommendations with respect to the proposed plan to the city council; the city council may adopt the proposed plan or any part thereof in such form as said council may deem advisable.

3. The adoption of a general development plan does not allow the establishment of any use, but shall be the general guide for the development of the PC district.

C. Permitted Uses.

1. Uses permitted in the PC district, subject to first securing a zoning permit and a coastal development permit in each case, shall include but not be limited to visitor-oriented retail and service uses, and accommodations and public access.

D. Conditional Uses.

1. None.

E. Height. Maximum allowable height in the PC district shall be thirty-five feet unless the structure is located in a coastal view corridor where a lesser maximum may be established in a coastal development permit.

F. Site Coverage.

1. Maximum building site coverage by buildings or structures in the PC district shall be twenty-five or a lesser percentage may be established to comply with the provision of the local coastal program. In the Coastal Zone east of Highway 1 specific building site coverage shall comply with land use plan provisions.

G. Parking. For parking requirements in the PC district, see Section 17.40.210.

H. Landscaping. Landscaping required in the PC district shall be as follows: landscaping plans showing a minimum of ten percent of the gross area of the building site shall be submitted for approval of the planning director.

I. Zoning Permit—Application—Fee. Application fees for a zoning permit in the PC district shall be as follows:

1. An application for a zoning permit in a PC district shall be submitted to the planning commission accompanied by drawings showing the size and dimensions of the property of the applicant; the location and dimensions of proposed buildings and signs; distances to front, side and rear property lines from the buildings; elevations of the buildings, proposed parking layout and location, landscaping plans, and the location of buildings on adjacent property within one hundred feet of the property of the applicant.

2. The fee for a zoning permit shall be established by resolution of the city council from time to time hereafter enacted.

J. Zoning Permit—Planning Commission Action.

1. The planning commission shall consider such application to determine its conformity to the general development plan adopted for the PC district in which the applicant’s property is located. The planning commission may require such changes in the proposed use and plans of proposed buildings, structures and other improvements as they may deem necessary to insure conformity to the general development plan and to secure the purposes of this section. The planning commission shall find that the application conforms to the local coastal land use plan.

2. The planning commission may designate such conditions in the zoning permit as they deem necessary to secure the purposes of this section. Such conditions may include, but are not limited to, architectural and site approval, time limitations, street dedications, and street and drainage improvement. The planning commission may require such bonds and other guarantees as deemed necessary to insure compliance with conditions of the zoning permit.

K. Zoning Permit—Appeal.

1. An appeal may be taken by the applicant to the city council from the decision of the planning commission. The appeal shall be in writing and must be filed with the city clerk within ten days after written notice of the decision has been mailed to the applicant. The appeal shall set forth the grounds for the appeal and shall describe any asserted error or abuse of discretion.

2. Upon receipt of the notice of appeal, the city council shall set a date for public hearing thereon. After the hearing, the city council may reverse, affirm or modify, in whole or in part, the decision appealed from. Within the Coastal Zone, coastal permit approvals may also be appealed to the State Coastal Commission.

L. Zoning Permit—Revocation.

1. Where the conditions of the granting of a zoning permit have not been or are not being complied with, the planning commission may, following a hearing thereon, revoke or modify such zoning permit. Ten days’ written notice of such hearing shall be given to the permittee prior to the hearing.

2. Appeals from such revocation or modification may be taken in the same manner as provided in subsection K of this section.

M. Zoning Permit—Effect.

1. No building permit shall be issued, nor any use conducted, other than in accordance with the conditions and terms of the zoning permit granted or after granting of such zoning permit by the city council in the event of appeal.

2. All zoning permits issued by the planning commission shall be valid until the date of expiration stated on the permit. If no date of expiration is stated, unless otherwise specified by the planning commission all such permits shall expire one year from the date of granting said permit unless construction on, or use of, the subject property, pursuant to the zoning permit, has started within this period. (Ord. 2020-07 § 2, 2020; Ord. 2007-11 § 3 (Exh. A), 2007)