Modifications of discretionary land use permits may be initiated by the property or business owner. The Planning Director may initiate revocation of a permit and schedule a hearing before the Planning Commission and/or City Council for consideration of revocation of any discretionary land use permit that has been granted pursuant to this Title. On its own motion or at the direction of the City Council, the Planning Commission may hold a hearing to revoke any discretionary land use permit that has been granted pursuant to this zoning ordinance. The applicant shall be provided with at least fourteen (14) days’ notice of the hearing.
.010 Findings. The Planning Commission may revoke or modify any active land use permit on the basis of evidence and testimony submitted at the hearing, if it finds any of the following:
.0101 That the approval was obtained by fraud; or
.0102 That the use or variance for which such approval is granted is not being exercised within the time specified in such permit; or
.0103 That the use or variance for which such approval was granted has ceased to exist or has been suspended or inoperative for any reason for a period of six (6) consecutive months or more; or
.0104 That the permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; or
.0105 That the use or variance for which the approval was granted has been so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance; or
.0106 That the use or variance for which the approval was granted has not been exercised and that, based upon additional information or due to changed circumstances, the facts necessary to support one or more of the required findings for the original approval of such entitlement, as set forth in this chapter, no longer exist; or
.0107 That any such modification, including the imposition of any additional conditions, is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under the permit as granted.
.020 Conditions. If the Planning Commission makes one or more of the above findings, it may change conditions or add new conditions as necessary to correct problems or violations relating to the use. The Planning Commission may also modify conditions or add new conditions to preserve the integrity and character of the zoning district, or to secure the general purposes of the zoning ordinance and the General Plan.
.030 Notification. Upon the revocation, modification or reaffirmation of any land use permit, the Planning Department shall prepare and mail to the permittee and the property owner a formal written notice of the Planning Commission’s action. If the permit is revoked, the notice shall contain a statement directing the permittee and property owner to immediately cease the formerly authorized use, and shall further inform them that failure to cease the use shall be subject to enforcement and penalties as set forth in Section 1.01.389. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 5998 § 50; October 25, 2005: Ord. 6156 § 34; September 22, 2009.)