Oakdale City Zoning Code
§ 36-18.30
Revocation of Permits, Site Plans, Use Permits, and/or Variances.
Any Permits, Site Plans, Use Permits, and/or Variances as specified in this chapter may be revoked subject to the following:
A.
Following a public hearing held in accordance with this section, the Planning Commission may modify or revoke any Permit, Site Plan, Use Permit, and/or Variance on one (1) or more of the following grounds:
1.
The approval was obtained by fraud.
2.
The use for which approval was granted is not being exercised or has ceased to exist.
3.
The use is being exercised contrary to the conditions of approval or in violation of other applicable laws and/or regulations.
4.
The use for which approval was granted is being exercised in such a manner as to be detrimental to the public health, safety, or welfare, or so as to constitute a nuisance.
B.
Public Hearing Procedure.
1.
Upon determination by the Director that one (1) or more of the grounds specified in Subsection 1 may exist, the Director shall set a Public Hearing date.
2.
A Public Notice of the hearing shall be prepared which, at a minimum, describes the location of the property, nature of the hearing, and the time and place of the hearing (California Government Code Section 65094 and 65905). The notice shall be distributed as follows (California Government Code Section 65091):
a.
Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent.
b.
Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
c.
Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is subject to the hearing. In lieu of utilizing the assessment roll, the Director may utilize records of the county assessor 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 subsection is greater than one thousand (1,000), the Director, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth (1/8) page in at least one (1) newspaper of general circulation within the City at least ten (10) days prior to the hearing.
d.
If the notice is mailed or delivered pursuant to Subsection C, the notice shall also either be:
(1)
Published in at least one (1) newspaper of general circulation within the City at least ten (10) days prior to the hearing.
(2)
Posted at least ten (10) days prior to the hearing in at least three (3) public places in the City, including one (1) public place in the area directly affected by the proceeding.
e.
The notice shall also be mailed or delivered at least ten (10) days prior to the hearing to any person who has filed a written request for notice with the City or to any other person designated by the City to receive these requests. The City may charge a fee which is reasonably related to the costs of providing this service and the City may require each request to be annually renewed.
3.
Any report or recommendation on a Revocation by the Director shall be in writing and a copy thereof served on the owner of the subject real property or the owner's duly authorized agent at least three (3) days prior to the Public Hearing.
4.
The Planning Commission shall conduct the Public Hearing at the time, date, and place as specified in the Public Notice, subject to such rules and procedures as the Planning Commission may, from time to time, adopt.
C.
Revocation. The Planning Commission shall evaluate the proposed Revocation to establish whether or not the grounds specified in Subsection A, and such other findings which may be specified by State law, can be determined, based on the evidence and testimony presented.
D.
Planning Commission Action. The Planning Commission may modify or revoke any Permit, Site Plan, Use Permit, and/or Variance. In modifying any previous approval, the Planning Commission may impose such requirements and conditions with respect to location, design, construction time period, maintenance and operation, as deemed necessary for the protection of adjacent properties and the public interest when reasonably related to the use of the property.