Chapter 17.08
REVOCATIONS AND REVISIONS

Sections:

17.08.010    Purpose.

17.08.020    Initiation.

17.08.030    Allowable Actions.

17.08.040    Project Notice and Required Actions.

17.08.050    Grounds for Revocation or Revisions.

17.08.060    Nonconforming Uses and Structures.

17.08.070    Commercial and Industrial Uses.

17.08.080    Variances and Adjustments.

17.08.090    Conditional Use Permit and Minor Use Permit.

17.08.010 Purpose.

This chapter establishes procedures for the City to revoke or revise previously approved permits. These include existing land uses which have become public nuisances or are being operated or maintained in violation of this code, approved permit provisions, or any other provision of law. These actions, which supplement the enforcement provisions in the Municipal Code, are intended not only to serve a corrective purpose, but also as a deterrent to violating this code. This chapter does not address modifications to approved permits that are being requested by the permittee. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

17.08.020 Initiation.

Hearings on revocations or revisions of permits may be initiated:

A.    If the Council collectively instructs the Commission to set the matter for a public hearing; or

B.    Upon the initiative of the Commission; or

C.    Upon the initiative of the Director. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

17.08.030 Allowable Actions.

A.    Revocations. The City’s action to revoke a permit or approval shall have the effect of terminating the permit and denying the privileges granted by the original approval.

B.    Revisions.

1.    The City’s action to revise a permit instead of revocation may include revising or changing any permit conditions or operational aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect or condition determined to be reasonable and necessary to ensure that the permit is used in a manner consistent with the original findings for approval.

2.    Permit revisions prescribed in this chapter are initiated by the City. Permit revisions requested by the applicant or permittee shall be in compliance with Chapter 17.09 (Minor Permit Modifications). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

17.08.040 Project Notice and Required Actions.

A.    Public Hearing. In all cases where a revocation or revision is initiated per Section 17.08.020 (Initiation), a public hearing shall be scheduled before the Commission.

B.    Procedures. Procedures relative to notification, public hearing, and appeal shall comply with Chapter 17.25 (Class IV Applications—Discretionary), unless stated otherwise in this chapter.

C.    Notice. The Director shall give notice to the record owner and the lessee, if applicable, of the real property affected:

1.    To appear at a public hearing at a time and place fixed by the Commission; and

2.    At the public hearing, to show cause why the permit should not be revoked or revised, or why the use, building, or structure should not be modified, discontinued, or removed, as the case may be.

D.    The Commission shall hold a public hearing and shall give notice of such public hearing in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).

E.    The Commission may approve, modify, disapprove, or refer to the Council, a revocation or revision of a permit or approval. Any action shall be supported by the written grounds for the revocation or revisions prescribed in this chapter.

F.    The Commission shall serve a notice of its action in compliance with Section 17.06.160 (Notice of Action and Findings).

G.    At the conclusion of a public hearing, the Commission shall take action on the application. The decision is final unless the decision is appealed to the Council. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

17.08.050 Grounds for Revocation or Revisions.

After a public hearing, as provided for in this chapter, the Commission may revoke or revise any approval which has been granted by the review authority, in compliance with either the provisions of this code or on any one (1) or more of the following grounds:

A.    That such approval was obtained by fraud;

B.    That the use for which such approval was granted is not being used, has ceased or has been suspended for six (6) months or more;

C.    That any person making use of or relying upon the permit, variance or other approval is violating or has violated any conditions of such permit, or has been used contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law, or regulation;

D.    That the use for which the approval was granted is being used to be detrimental to the public health or safety, or is a public nuisance; or

E.    Upon final judgment of a court of competent jurisdiction declaring one (1) or more of such conditions to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one (1) or more conditions of approval, the permit or entitlement shall cease to be valid. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

17.08.060 Nonconforming Uses and Structures.

In addition to the grounds for revocation or revisions contained in Section 17.08.050 (Grounds for Revocation or Revisions), a nonconforming use or structure may be revoked or revised after a public hearing if the Commission finds:

A.    That the condition of the improvements, if any, on the property requires the property be used only for uses permitted in the underlying zone where it is located and would not impair the constitutional rights of any person; and

B.    That the nature of the improvements are such that they can be altered to be used in conformity with the uses permitted in the underlying zone in which such property is located, without impairing the constitutional rights of any person. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

17.08.070 Commercial and Industrial Uses.

A.    Findings. The Commission may revoke or require a revision of a commercial or industrial use if the Commission finds that as operated or maintained such use:

1.    Jeopardizes or endangers the public health or safety of persons residing or working on the premises or in the surrounding area; or

2.    Constitutes a public nuisance; or

3.    Has resulted in repeated nuisance activities including, but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, illegal parking, loud noises in late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests; or

4.    Violates any provision of any County, State, or Federal regulation, ordinance or statute.

B.    Violation. It shall be unlawful to violate or fail to comply with any requirement or condition imposed by the review authority pursuant to this chapter. Such violation or failure to comply shall constitute a violation of this code and shall be subject to the same penalties as any other violation of this code. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

17.08.080 Variances and Adjustments.

A variance or adjustment may be revoked or revised by the review authority, if the review authority makes any one (1) of the following findings:

A.    Circumstances under which the original approval was granted have been changed by the applicant to a degree that one (1) or more of the findings cannot be made, and the grantee has not substantially used the rights granted by the variance or adjustment; or

B.    One (1) or more of the conditions of the variance or adjustment have not been met within the time limits prescribed in Section 17.06.230 (Time Limits and Extensions), or have been violated, and the grantee has not substantially used the rights granted by the variance or adjustment. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

17.08.090 Conditional Use Permit and Minor Use Permit.

Any conditional or minor use permit granted or approved under this code shall be granted or approved, with the City’s designated approving authority retaining and reserving the right and jurisdiction to review and to modify the permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business, a change in scope, emphasis, size, or nature of the business, or the expansion, alteration, reconfiguration, change of use, or impacts to surrounding uses or landowners not previously considered at the time of original approval. These changed circumstances could create nuisances to adjacent uses or the community in general including, but not limited to, litter, noise, traffic, and parking impacts. The reservation of right to review any permit granted or approved under this code by the City’s designated approving body is in addition to, and not in lieu of, the right of the City’s review authority to review and revoke or modify any permit granted or approved under this code for any violations of the conditions imposed on such permit. (Ord. 13-8 § 4 (Exh. A), 6/11/13)