A.

General Plan. The purpose of the comprehensive General Plan is to express the City's development goals, embody public policies and programs relative to the distribution of future land uses. The provisions of this Section shall be fully consistent and in full compliance with Section 65350 et seq. of the State Government Code and all provisions shall be so construed.

B.

Zoning Map and Zoning Code. The purpose of this chapter is to provide the procedures for the amendment of the Zoning Map and Zoning Code in conformance with the comprehensive General Plan. Zoning implements the General Plan; it separates a community into districts, or "zones" that regulate land uses and the intensity of development. The provisions of this chapter shall be fully consistent and in full compliance with Section 65853 et seq. of the State Government Code and all provisions shall be so considered.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Adoption of, or amendment to the City's General Plan, Zoning Map and Zoning Code, including changes to the text or any map or diagram may be initiated by the Planning Commission or the City Council, whenever the public necessity, convenience, general welfare or good zoning practice justifies such action. The Planning Commission or City Council may initiate upon its own motion, or upon the verified application of the owner of property in the City or the owner's agent (with notarized authorization from the owner) on said owner's property, or of a public or private agency that is or will be a plaintiff in eminent domain with respect to property affected by such zoning or regulation.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Application Filing and Processing.

1.

If initiated by the filing of an amendment application, the application shall be processed in compliance with Chapter 17.120 (Applications and Processing).

2.

The application shall include the information and materials specified in the Department handout for amendment applications, together with the required fee in compliance with the Planning Fee Schedule.

3.

It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.152.060 (Findings), below.

B.

Timing of General Plan Amendments. The mandatory elements of the General Plan may be amended up to four times in a single calendar year, as authorized by and subject to the provisions of Government Code Section 65358.

C.

Public Hearings Required. The Planning Commission and Council shall each conduct one or more public hearings regarding the amendment.

D.

Notice and Hearing. Notice of the public hearings shall be provided and the hearings shall be conducted in compliance with Chapter 17.156 (Public Hearings and Administrative Review) and as specified in Government Code Sections 65353, 65355, 65854, and 65856.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Recommendation to Council.

1.

All Amendments. After the public hearing, the Planning Commission shall forward a written recommendation, and reasons for the recommendation, to the City Council whether to approve, approve in modified form, or deny the proposed amendment, based on the findings identified in Section 17.152.060 (Findings), below.

2.

Recommendation for Approval of Zoning Code or Zoning Map Amendments. A recommendation for approval or approval in modified form of a Zoning Code or Zoning Map amendment shall require only a majority vote.

3.

Recommendation for Approval of General Plan Amendments. A recommendation for approval or approval in modified form of a General Plan Amendment shall require the affirmative vote of not less than a majority of the total voting members in compliance with Government Code Section 65354.

B.

Denial by Planning Commission.

1.

A recommendation against the proposed amendment shall require only a majority vote.

2.

The action of the Planning Commission to deny an amendment shall be final and conclusive unless, within ten (10) days following the date of the Planning Commission's action, an appeal is filed with the City Clerk in compliance with Chapter 17.160 (Appeals and Requests for Review) and as specified in Government Code Sections 65354.5 and 65856.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Approval.

1.

All Amendments. Upon receipt of the Planning Commission's recommendation to approve, or approve in modified form, the proposed amendment, the City Council shall conduct a public hearing and either approve, approve in modified form, or deny the proposed amendment based on the findings identified in Section 17.152.060 (Findings), below.

2.

Approval of Zoning Code or Zoning Map Amendments. The action by the Council to approve the Planning Commission's recommendation regarding a Zoning Code or Zoning Map Amendment shall be by a majority vote of the members present, adopted by ordinance, and shall be final and conclusive.

3.

Approval of General Plan Amendments. The action by the Council to approve the Planning Commission's recommendation regarding a General Plan amendment shall require the affirmative vote of not less than a majority of the total voting members in compliance with Government Code Section 65356, adopted by resolution, and shall be final and conclusive.

B.

Referral to Planning Commission.

1.

If the Council proposes to adopt a substantial modification(s) to the amendment not previously considered by the Planning Commission, the proposed modification shall be first referred to the Planning Commission for its recommendation, in compliance with Government Code Sections 65356 and 65857.

2.

Failure of the Planning Commission to report back to the Council within the time limits identified in Government Code Sections 65356 and 65857 following the referral shall be deemed approval by the Planning Commission of the proposed modification(s).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Amendments to this Zoning Code, the General Plan, or the Official Zoning Map may be approved only if all of the following findings are first made, as applicable to the type of amendment.

A.

Findings for General Plan Amendments.

1.

The amendment is internally consistent with all other provisions of the General Plan.

2.

The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City.

3.

The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

B.

Findings Required for all Zoning Code and Zoning Map Amendments.

1.

The proposed amendment is consistent with the General Plan and any applicable specific plan; and

2.

The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

3.

Additional finding for Zoning Code Amendments. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.

4.

Additional finding for Zoning Map Amendments. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

General Plan. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the City Council.

B.

Zoning Code and Zoning Map. A Zoning Code or Zoning Map amendment shall become effective on the thirtieth day following the adoption of an ordinance by the City Council.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

This chapter provides procedures for public hearings required by this Zoning Code. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

When this Zoning Code requires a noticed public hearing before a decision on a permit or for another matter, the public shall be provided notice of the hearing in compliance with Government Code Sections 65090, 65091, 65094 and 66451.3, and Public Resources Code 21000 et seq., and as required by this chapter.

A.

Content of Notice. Notice of a public hearing shall include all of the following information, as applicable.

1.

Hearing Information. The date, time, and place of the hearing and the name of the review authority; a brief description of the City's general procedure concerning the conduct of hearings and decisions (e.g., the public's right to appear and be heard); and the phone number and street address of the Department where an interested person could call or visit to obtain additional information.

2.

Project Information. The date of filing of the application and the name of the applicant; the City's file number assigned to the application; a general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing.

3.

Statement on Environmental Document. If a proposed Negative Declaration, Mitigated Negative Declaration, or final Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines, the hearing notice shall include a statement that the review authority will also consider approval of the proposed Negative Declaration or Mitigated Negative Declaration, or certification of the final Environmental Impact Report, as applicable.

B.

Method of Notice Distribution. Notice of a public hearing required by this chapter for a planning permit, amendment, appeal, or other approval shall be given as follows, as required by Government Code Sections 65090 and 65091.

1.

Mailing. Notice shall be mailed or delivered at least ten (10) days before the scheduled hearing to the following:

a.

Project Site Owner(S) and the Applicant. The owner(s) of the property being considered in the application or the owner's authorized agent, and the applicant.

b.

Local Agencies. Each local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected.

c.

Affected Owners. All owners of real property, as shown on the latest adopted tax roll of the County, located within a radius of three hundred (300) feet of the exterior boundaries of the parcel that is the subject of the hearing.

d.

Persons Requesting Notice. Any person who has filed a written request for notice with the Community Development Director and has paid the required fee for the notice.

e.

Other Person(s). Any other person(s), whose property might, in the judgment of the Community Development Director, be affected by the proposed project.

2.

Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with Subparagraph B.1., above is more than one thousand (1,000), the Community Development Director may choose to provide the alternative notice allowed by Government Code Section 65091(a)(4).

3.

Publication and Posting.

a.

Publication. Notice shall be published at least once in a newspaper of general circulation in the City at least ten (10) days before the scheduled hearing.

b.

Posting. Notice shall be posted at least ten (10) days before the scheduled hearing in at least three public places within the City, including one public place in the area affected by the proceeding.

c.

Additional Notice. In addition to the types of notice required above, the Community Development Director may provide any additional notice with content or using a distribution method (e.g., posting on the City's website, on-site sign) as the Community Development Director determines is necessary or desirable.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

After the completion of the appropriate environmental document required by the California Environmental Quality Act (CEQA) and a Department Staff report, a matter requiring a public hearing shall be scheduled on the next available agenda (Community Development Director, Planning Commission, or Council, as applicable) reserved for public hearings, but no sooner than any minimum time period established by State law.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Time and Place of Hearing. A hearing shall be held at the date, time, and place for which notice was given.

B.

Continued Hearing. Any hearing may be continued from time to time without further notice; provided, the chair of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.

C.

Deferral of Final Decision. The review authority may announce a tentative decision, and defer their action on a final decision until appropriate findings and/or conditions have been prepared.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Decision.

1.

The review authority may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting agenda in compliance with Section 17.156.040 (Hearing Procedure), above.

2.

At the conclusion of a hearing conducted by the Community Development Director, the Community Development Director may instead refer the matter to the Planning Commission for review and final decision.

3.

The decision of the City Council on any matter shall be final and conclusive.

B.

Notice of Decision.

1.

Provision of Notice. Following the final decision on an application for a permit or other approval required by this Zoning Code, the City shall provide notice of its final action to the applicant, property owner/owner's representative, and to any person who specifically requested notice of the City's final action.

2.

Contents of Notice. The notice of the final decision shall contain applicable findings, conditions of approval, reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City, and the procedure for appeal.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The purpose of an appeal is to establish procedures for the initiation of a request for review of a decision rendered by the approval body with decision authority on the issue in question.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Any discretionary action by the Planning Commission may be appealed to the City Council in compliance with the provisions of this Section.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Any discretionary action by the Community Development Director may be appealed to the Planning Commission in compliance with the provisions of this Section.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Decisions, either with or without conditions, of an application before the Community Development Director shall be final unless within ten (10) days after the decision by the Community Development Director, the applicant or any other person aggrieved by such decision, shall appeal in writing to the Planning Commission by filing an appeal with the Community Development Department.

B.

Decisions, either with or without conditions, of an application before the Planning Commission shall be final unless within ten (10) days after the decision by the Planning Commission, the applicant or any other person aggrieved by such decision, shall appeal in writing to the City Council by filing an appeal with the City Clerk.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Required Documents. An appeal shall be in writing and contain the grounds for the appeal, how the approval body failed to conform to the requirements of this Title and the description of the grounds.

B.

Scope of Planning Permit Appeals. An appeal of a decision on a planning permit shall be limited to the issues raised at the public hearing, or in writing before the hearing, or information that was not known at the time of the decision that is being appealed.

C.

The appeal shall be accompanied by a fee in the amount set by City Council resolution.

D.

Report and Scheduling of Hearing.

1.

Public Hearing Requirements. If the original approving action did not require a public hearing, the appeal review shall not require a public hearing. If the original approving action required a public hearing, the appeal review shall also require a public hearing.

2.

When an appeal has been filed, a report shall be prepared on the matter, including all of the application materials in question, and the matter shall be scheduled for a public hearing by the appropriate review authority within forty (40) days of filing of the appeal.

3.

Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 17.156 (Public Hearings and Administrative Review).

4.

Any interested party may appear and be heard regarding the appeal.

E.

Decision.

1.

During the appeal hearing, the issues that may be raised and considered by the review authority are not limited to those raised by the appellant, and may include any aspect of the proposed project, whether or not originally considered as part of the decision being appealed. The review authority may:

a.

Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with this Zoning Code.

b.

Adopt additional conditions of approval, which may address the issues or concerns other than the subject of the appeal.

2.

If new or different evidence is presented on appeal, the Planning Commission or Council may refer the matter to the Community Development Director or Planning Commission, as applicable, for further consideration.

3.

In the event of a tie vote by the review authority on an appeal, the decision being appealed shall stand.

4.

Provision of notice of decision.

a.

Following the final decision on an application for a permit or other approval required by this Zoning Code, the City shall provide notice of its final decision to the appellant, applicant, property owner/owner's representative, and to any person who specifically requested notice of the City's final action.

b.

The notice of the final decision shall contain applicable findings, conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Any City Council person, based on his/her responsibility to the electorate, may file with the City Clerk a "Request for Review" (RFR) of any decision made by the Planning Commission or any discretionary action by the Community Development Director. Any Planning Commissioner based on his/her responsibility to the City Council regarding land use matters may file with the City Clerk a "Request for Review" (RFR) of any discretionary action by the Community Development Director.

A.

Such RFR shall be filed within ten (10) days of the decision, as a no fee filing, together with a statement that such RFR is not indicating support for or opposition to such decision, but is filed because the filer believes that such decision involves a matter of such interest, import, precedent or significance that such decision should as a matter of policy and planning be made by elected or appointed officials.

B.

Upon the timely filing of an RFR, the decision shall be suspended until the RFR is determined by the Planning Commission or City Council; and the City Clerk shall immediately:

1)

Notify the Council, Community Development Director, Planning Commission, applicant and all who appeared at the meetings with regard thereto; and

2)

Set the matter for hearing before the Planning Commission or City Council for final determination, as appropriate based on the filing of the RFR, for hearing and determination.

C.

Except as set forth in this section, the procedures of an RFR shall be the same as those for an appeal, as indicated in this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

This chapter establishes provisions that are intended to ensure compliance with the requirements of this Zoning Code and any conditions of planning permit approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

All departments, officials, and public employees of the City who are assigned the authority or duty to issue certificates, licenses, or permits shall comply with the provisions of this Zoning Code.

A.

Permits Which Are in Conflict with this Zoning Code. Certificates, licenses, or permits for uses or structures that would be in conflict with the provisions of this Zoning Code shall not be issued.

B.

Permits Deemed Void. Any certificate, license, or permit issued in conflict with the provisions of this Zoning Code shall be void and of no effect.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

It shall be the duty of the City Manager, or any person, department or agency designated by him to enforce the provisions of this Title.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Authorized to Enter Defined Areas. For the purpose of necessary investigations and inspections, the City Manager or any person, department or agency designated by him to enforce the provisions are hereby authorized to enter upon the following defined areas of private property within the City:

A.

Any area which is open to the public generally;

B.

Any area which is visible and accessible from the public street and which is not fenced or locked or otherwise physically arranged in a manner as to evidence an intent to prohibit entry;

C.

Any area which is used as common area by persons residing or staying in structures located upon the property, unless the area is fenced or locked or otherwise physically arranged in a manner as to evidence an intent to prohibit entry; and

D.

Any area where the privacy of an individual would not be violated by entry. Any person who interferes or refuses with the right of entry granted by this Section shall be guilty of a misdemeanor.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Any use of land or structures operated or maintained contrary to the provisions of this Zoning Code and any structure constructed or maintained contrary to the provisions of this Zoning Code are hereby declared to be a violation of this Zoning Code and a public nuisance.

B.

The violation of any required condition imposed on a permit or approval shall constitute a violation of this Zoning Code and may constitute grounds for revocation or modification of the permit in compliance with Chapter 17.168 (Revocations and Modifications).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

This Section describes the procedures for initiating enforcement action in cases where the City Manager or any person, department or agency designated by him to enforce the provisions has determined that real property within the City is being used, maintained, or allowed to exist in violation of the provisions of this Zoning Code. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by Chapter 1.16 (General Penalty), Chapter 1.20 (Administrative Citations), and this chapter may be avoided.

A.

Notice to Responsible Parties. The City Manager or any person, department or agency designated by him to enforce the provisions shall provide the record owner of the subject site and any person in possession or control of the site with a written Notice of Violation, which shall include the following information:

1.

A description of each violation and citations of applicable Zoning Code provisions being violated;

2.

A time limit for correcting the violation(s) in compliance with Subsection B., below; and

3.

A statement that the City intends to issue an administrative citation in accordance with Chapter 1.20 (Administrative Citations) or enforce penalties outlined in Chapter 1.16 (General Penalty), if violation(s) are not corrected within the time limit permitted; and

B.

Time Limit for Correction.

1.

The Notice of Violation shall state that the violation(s) shall be corrected within fourteen (14) days from the date of the notice to avoid further enforcement action by the City, unless the responsible party contacts the City Official who originally issued the Notice of Violation within that time to arrange for a longer period for correction.

2.

The 14-day time limit may be extended by the City Official upon a showing of good cause.

3.

The City Manager or any person, department or agency designated by him to enforce the provisions may also require through the Notice of Violation that the correction shall occur within less than fourteen (14) days if the Code Enforcement Officer determines that the violation(s) constitutes a hazard to public health or safety.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The City may choose to undertake any one or all of the following legal actions to correct and/or abate any nuisances or violation(s) of this Zoning Code.

A.

Injunction. The City Attorney, upon order of the Council, may apply to the Superior Court for injunctive relief to terminate a violation(s) of this Zoning Code.

B.

Abatement Proceedings. Where any person fails to abate a violation(s) after being provided a Notice of Violation in compliance with this chapter and/or being issued an Administrative Citation in accordance with Chapter 1. 20 (Administrative Citations), the City Attorney, upon order of the Council, shall apply to the Superior Court for an order authorizing the City to undertake actions necessary to abate the violation(s) and require the violator to pay for the cost of the actions.

C.

Nuisance Abatement. The City may pursue any remedies or enforcement action(s), as provided in the Municipal Code for the abatement of a nuisance.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Cumulative, Not Exclusive. All remedies contained in this Zoning Code for the handling of violations or enforcement of the provisions of this Zoning Code shall be cumulative and not exclusive of any other applicable provisions of City, County, or State law.

B.

Other Remedies. Should a person be found guilty and convicted of an infraction or misdemeanor for the violation of any provision(s) of this Zoning Code, or any permit or approval issued in compliance with this Zoning Code, the conviction shall not prevent the City from pursuing any other available remedy to correct the violation(s).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

It shall be the duty of the City Manager, or any person, department or agency designated by him to enforce the provisions of this Title. All departments, officials, public employees and agencies of the City, contractual or otherwise, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Title and shall issue no permit or license for uses, buildings or purpose in conflict with the provisions of this Title; and any such permit or license issued in conflict with the provisions of this Title shall be null and void.

The provisions of this Title shall be interpreted and administered by the Planning Commission whose inspectors or authorized representatives shall have the right to enter upon any premises affected by this Title for purposes of inspection.

Any building or structure erected or maintained, or any use of property, contrary to the provisions of this title shall be and the same is hereby declared to be unlawful and a public nuisance and upon direction by the City Council, the City Attorney shall take such steps, and shall apply to such court as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person, firm or corporation from erecting or maintaining such building or structure, or using any property contrary to the provisions of this Title.

This Title may also be enforced by injunction issued out of the Superior Court upon the suit of the City or the owner or occupant of any real property affected by such violation or prospective violation. This method of enforcement shall be cumulative and in no way affect the penal provisions thereof.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

This chapter provides procedures for securing necessary modification or revocation of previously approved permits or approvals.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The City's action to revoke a permit or approval, instead of modification, shall have the effect of terminating the permit or approval and denying the privileges granted by the original approval.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The City's action to modify a permit or approval, instead of revocation, may include conditioning any 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/condition determined to be reasonable and necessary to ensure that the permit or approval is operated in a manner consistent with the original findings for approval.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Permits.

1.

A Conditional Use Permit, Administrative Use Permit, or other City planning permit or approval (except a Variance or Minor Modification, see Subsection B., below) may be modified or revoked by the review authority (e.g. Community Development Director, Planning Commission, or City Council) that originally approved the permit, if the review

authority first makes any one of the following findings:

a.

Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require the modification or revocation;

b.

The permit or other approval was granted, in whole or in part, on the basis of a fraud, misrepresentation, or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit or approval;

c.

One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated and/or the permit is in violation of any statute, ordinance, law or regulation;

d.

An improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute; or

e.

The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance.

B.

Variances and Minor Exceptions.

1.

A Variance or Minor Exception may be modified or revoked by the review authority which originally approved the Variance or Minor Exceptions, if the review authority first makes any one of the following findings, in addition to any one of the findings specified in Subsection A, above:

a.

Circumstances under which the original approval was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Variance or Minor Exceptions; or

b.

One or more of the conditions of the Variance or Minor Exception have not been met, or have been violated.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Hearing.

1.

The appropriate review authority shall hold a public hearing to modify or revoke a permit or approval granted in compliance with the provisions of this Zoning Code. The hearing shall be noticed and conducted in compliance with Chapter 17.156 (Public Hearings and Administrative Review).

2.

Ten (10) days before the public hearing, notice shall be mailed or delivered to the applicant for the permit or approval being considered for modification or revocation, and/or owner of the property for which the permit or approval was granted. The only exception to the 10-day notice provision shall be for Temporary Use Permits which, because of their short term nature, shall only require a 24-hour notice.

B.

Mailing of notice.

1.

Notice shall be deemed delivered two days after being mailed through the United States Postal Service, postage paid, or by some other method providing for proof of delivery, to the owner as shown on the County's current equalized assessment roll and to the project applicant, if not the owner of the subject property.

(Ord. No. 931, § 5(Exh. A), 10-22-13)