No applications for the issuance of a permit, license or certificate of occupancy for the use of property within any railway right-of-way shall be accepted until such application has been referred to the City Planning Commission. The Commission shall submit to the City Council a report and recommendation containing a finding as to whether the particular property or portion thereof is needed as a right-of-way for transportation or the movement of traffic and whether the size, location and accessibility is such that it can be used without conflict with the zoning regulations. The City Council may authorize the issuance of such permit, license or certificate of occupancy if it finds that such proposed use conforms to the one in which the right-of-way is classified as provided for in Chapter 155 of the Eureka Municipal Code, that the particular right-of-way is not needed for transportation or for the movement of traffic, and that such proposed use would not be contrary to the public interest and would not be hazardous to the public health, safety and general welfare.
('63 Code, § 3-11.02) (Ord. 505-C.S., passed 11-4-89)