§ 19.30.060. Revocation or voiding of a conditional use permit.  


Latest version.
  • (a)

    Each conditional use permit granted under the provisions of this chapter shall contain in its findings and conditions of approval specific instructions as to the length of time for authorized construction or establishment of use. When construction or establishment of use has not been diligently advanced to completion or occupancy of the buildings or land within six months of issuance, the permit shall become null and void.

    (b)

    When an applicant submits a master plan of development or use and it is approved, and such ultimate development or uses will be completed over a number of years, the commission shall require the following:

    (1)

    Time limit for construction or use of first buildings or areas to be utilized;

    (2)

    At the time of construction or use of facilities proposed as future development on the approved master plan of development, the commission will require submittal of plans for the proposed development for plan review by the city planner or his designee. If proposed construction or use is substantially the same as indicated on the approved master plan of ultimate development the city planner may permit the proposed construction or use without a further public hearing.

    (3)

    If the time for construction between phases exceeds five years, a subsequent conditional use permit shall be submitted to and approved by the planning commission.

    (c)

    A conditional use permit shall become null and void if an approved use is discontinued for a period of 12 months or longer.

    (d)

    Notwithstanding any other provisions of this Code to the contrary, the city planner or planning commission may require modifications, discontinuances or revocation of any conditional use permit approval if it is found that the conditional use permit approval as operated or maintained:

    (1)

    Jeopardizes or adversely affects the public health, peace, or safety of persons residing or working on the premises or surrounding area; or

    (2)

    Constitutes a public nuisance;

    (3)

    Has resulted in repeated nuisance activities, including but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, illegal parking, excessive loud noises (especially after 11:00 p.m. or before 8:00 a.m.), traffic violations, curfew violations, lewd conduct, or police detentions and arrests;

    (4)

    Adversely impacts nearby uses;

    (5)

    Violates any provisions of this chapter, or any other city, state, or federal regulation, ordinance, or statute;

    (6)

    Violates any condition imposed by a prior discretionary land use approval including approvals granted pursuant to this chapter or this title; or an approval initiated by applicants of a property owner or owner's representative related to the use of land including, but not limited to, parcel map, tentative tract map, development agreement, etc. pursuant to a moratorium or an interim control ordinance; or

    (7)

    Information contained on the application is false or incorrect at the time of the submittal.

    (e)

    Procedures. The planning division shall give notice to the record owners and lessees of the real property affected to appear at a review hearing at a time and place fixed by the city planner or his designee, at a time and place fixed by the city planner or his designee and show cause before the planning commission why the conditional use permit approval should not be modified, discontinued or revoked. Upon the conclusion of the review hearing, the planning commission may request the city planner or his designee to set a public hearing for modification, discontinuance or revocation of the conditional use permit approval.

    (1)

    Hearing notice. The planning division shall give notice of such review hearing to the property owner or lessee not less than 15 days prior to the proposed review hearing. Said notice shall indicate the reasons why the conditional use permit is being considered for modification, discontinuance or revocation. Public hearings requested by the planning commission as a result of a review hearing shall be noticed pursuant to chapter 19.40.

    (2)

    Hearing and decision.

    a.

    The matter may be set for public hearing before the planning commission. After the conclusion of the public hearing, the planning commission may require the modifications, discontinuance or revocation of the conditional use permit. As part of the action, the planning commission may impose conditions of operations as they deem appropriate, including those necessary to protect the best interest of the surrounding properties or neighborhood; to eliminate, lessen, or prevent any detrimental effect on the surrounding properties or neighborhood; or to ensure compliance with other applicable provisions of law or conditions of an earlier discretionary approval. Conditions imposed may include the establishment of amortization schedules, the closure or removal of buildings or structures, and affect the establishment, maintenance, or operation of the subject use, and related land uses, buildings, or structures.

    b.

    Any determination shall be supported by written findings, including a finding that the planning commission's determination does not impair the constitutional rights of any person. The written determination shall also state that failure to comply with any or all conditions imposed may result in the issuance of an order to discontinue or revoke the conditional use permit approval. The planning commission may require the discontinuance or revocation of a conditional use permit only upon finding that:

    1.

    Prior government efforts to cause the owner or operator to eliminate the problems associated with the conditional use permit approval have failed (examples include formal action, such as citations, orders or hearings by the police department, fire department, building and safety division, planning division, code compliance division, the city planning commission, or any other governmental agency); and

    2.

    The owner or operator has failed to demonstrate, to the satisfaction of the planning commission, the willingness or ability to eliminate the problems associated with the conditional use permit approval.

    (3)

    Any modification, discontinuance or revocation shall be adopted by resolution.

    (f)

    Appeals. The planning commission's action to modify, discontinue or revoke a conditional use permit approval may be appealed pursuant to chapter 19.44.

(Ord. No. 934-2015, § 19.30.060, 7-20-2015)