(A) Duties of City Council. The City Council shall perform the following specific duties:
1. To render decisions on amendments to this title and rezonings; and
2. To act on appeals of denial of variances, denial and/or revocation of use permits or conditional use permits by the Planning Commission.
(B) Duties of Planning Commission. The City Planning Commission shall perform the following specific duties:
1. To interpret, administer and enforce the provisions of this title in such a way as to carry out the intent and purpose of the general plan as interpreted on the official zoning map; and
2. To act on variances from the provisions of this title regarding the development of land, construction, enlargement or alteration of any building or structure; to recommend on site plan/design review applications, to act on use permits, to revoke use permits as necessary; to provide interpretations of the zoning ordinance, to act on parcel maps; to provide recommendations to the City Council on rezonings, tentative maps, development agreements and general plan amendments.
(C) Duties of the Planning Director. The Planning Director shall perform the following specific duties:
1. Implement actions of the City Council and Planning Commission;
2. Process discretionary development applications and review and issue temporary use permits;
3. Approve minor (i.e., nonsubstantive) changes to Planning Commission and City Council approved plans and permits.
(D) Revocation of permits and variances.
1. Unless otherwise specifically provided in this zoning title, the Planning Commission may revoke or modify any conditional use permit, occupancy permit or variance on one or more of the following grounds:
(a) The approval was obtained by fraud;
(b) The use for which the approval was granted is not being exercised;
(c) The use for which the approval was granted has ceased or has been suspended for one year or more;
(d) The granted permit or variance is being, or has been, exercised contrary to the terms and conditions of such approval or in violation of any statute, ordinance, law or regulation;
(e) The use for which the approval was granted was so exercised as to be detrimental to the public health or safety or as to constitute a nuisance; or
(f) The continued exercise of the use for which the approval was granted appears to be detrimental or contrary to the public welfare.
2. The Planning Commission shall hold a public hearing on any proposed revocation or modification after giving written notice to the permittee or property owner at least ten days prior to the hearing. If the Planning Commission is satisfied that one or more of the grounds specified in subsection (D)1. of this section exists, the Commission shall revoke the permit or variance or take such other action as may be necessary to remedy said subsection (D)1. violation and to ensure compliance with the applicable statutes, ordinances, laws, regulations and terms and conditions.
3. If the permittee or property owner or any other person is dissatisfied with the action of the Planning Commission, he or she may appeal in writing to the City Council within ten days of the date the Planning Commission renders a decision on the proposed revocation or modification. The City Council shall set a date for public hearing of the appeal and shall give notice to the appellant and the affected permittee or property owner and to the Planning Commission of such appeal; whereupon the Planning Commission shall submit a report to the City Council setting forth the reasons for the action taken by the Commission. The City Council shall render its decision within 30 days of the public hearing.
(Ord. 553, passed 8-16-2005; Ord. 619, passed 6-17-2014)