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(A) Revocation. A design review, use permit, or variance that is exercised in violation of a condition of approval or a provision of this chapter may be revoked, as follows: the Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least 15 days prior to the hearing.
(B) Imposition of fine. In lieu of revoking a design review, use permit or variance, the Commission may impose an administrative fine of not more than $2,500 for each day that a violation has occurred. Before imposing any such fine, the city shall give the entitlement holder at least 15 days' advance written notice of the date, time and place where the Commission will consider the action, along with a specification of the violation and the proposed amount of fines. The permit holder shall be given theopportunity to address the Commission and to provide any information or argument regarding the matter. Any fine shall be a civil debt owed to the city and may be collected through proceedings in a court of competent jurisdiction. Any fine may be collected in connection with a nuisance abatement action or with the issuance of an injunction.
(Ord. 1017-C-S, passed 3-23-04)
(A) A request for changes in conditions of approval of a design review, use permit or variance, or a change to site plans that would affect a condition of approval, shall be treated as a new application unless the Zoning Administrator finds that the changes to the approved plans are non-controversial, minor, do not involve substantial alterations or additions to the plans, and are consistent with the intent of the original approval.
(B) If an application for a design review use permit or variance is disapproved, no new application for the same, or substantially the same, design review, use permit or variance shall be filed within one year of the date of denial of the initial appli-cation, unless the denial was made without prejudice.
(Ord. 897-C-S, passed 10-25-94)
ARTICLE 28: AMENDMENTS
(A) Before changes in the zoning districts boundaries are made, it shall be shown and the Commission and City Council shall find and determine the following:
(1) That the proposed zone reclassification will allow uses more suitable for the area than the present classification.
(2) That uses permitted by the proposed zone will not be detrimental to adjacent or surrounding property.
(3) That evidence has been presented documenting land use changes in the area to warrant a change of zone.
(4) That the requested zone change is in conformance with the General Plan.
(B) Amendments to any other provisions of this chapter may be made whenever the public necessity, convenience, and general welfare require such by using the procedures set forth in this article.
(Ord. 897-C-S, passed 10-25-94)
(A) Amendments to this chapter and the zoning map may be initiated by the verified petition of 100% of the owners of property included by the proposed amendment, which petition shall be filed with the Commission and be accompanied by a fee established by a resolution of the City Council.
(B) Amendments to provisions of the text of this chapter may be initiated by the petition of one or more property owners, which petition shall be filed with the City Council and the Commission, and be accompanied by a fee established by a resolution of the City Council.
(C) Amendments to this chapter or map may also be initiated by a resolution of intention of the Council or of the Commission.
(Ord. 897-C-S, passed 10-25-94)
(A) The Commission shall hold at least one public hearing on any proposed amendment and shall give notice thereof by at least one publication in a newspaper of general circulation within the city at least 10 days prior to such hearings. The hearing notice shall be mailed or delivered at least 10 days before the hearing to the owner of real property and to the project applicant.
(B) In the event the proposed amendment consists of a change of the boundaries of any district to any other district, where the total number of lots or notices involved is less than 999, the Commission shall give additional notice of the time and place of such hearings and of the purpose thereof by mailing a written notice not less than 10 days prior to the date of the first of such hearings to the owners of property within a radius of 300 feet of the exterior boundaries of the property to be changed, using for this purpose the last known name and address of such owners as shown upon the assessment roll of the county. Each such notice shall contain a statement setting forth a general description of the property involved, the proposed change of the district, the time and place at which the public hearings on the proposed change will be held, and any other information which the Commission may deem to be necessary throughout the general area of the proposed change.
(C) If a proposed zoning map amendment includes notification to 1,000 or more lots, notice may be given in accord with Cal. Gov't Code § 65091 (a)(3) which states as follows:
SECTION § 65091(a)(3). Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, the local agency may utilize records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days prior to the hearing.
(D) The Planning Commission may schedule a combined public hearing on multiple applications for zoning map or text amendments.
(Ord. 897-C-S, passed 10-25-94)
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