Chapter 17.70 — Revocation and Expiration

Contents:

17.70.010 Permits or variances may be revoked or modified. 17.70.020 Expiration. 17.70.030 Abandonment of conditional use permit.

Planning commission may, after a public hearing held in the manner prescribed in Chapter 17.68 governing variances, conditional use permits, and other land use entitlement permits, revoke or modify any permit or variance if any one of the following findings can be made:

1. A.

That the approval was obtained by fraud;

2. B.

That the use or activity for which such approval was granted has permanently ceased to exist as evidenced by demolition, alteration, subsequent use of the space, or similar conditions;

3. C.

That the use or activity for which such approval was granted has been suspended or dormant for longer than twelve (12) consecutive months, excluding time during which the property owner can demonstrate:

The city had pending before it an application for a permit or land use entitlement directly related to, or for the purpose of, conducting said use; or

A valid building permit directly related to said use or activity was in effect and was being diligently pursued; or

The property owner has been actively negotiating to sell the property, as evidenced by a purchase and sale agreement, proof of escrow, or other similar binding agreements, or the property is subject to a binding lease with a tenant who is diligently pursuing a business to re-establish the use on the site.

4. D.

That the permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;

5. E.

That the use for which the approval was granted was or is so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance;

6. F.

That the circumstances under which the permit was granted have been changed by the owner or operator to such a degree that one or more of the findings contained in the permit is no longer valid and the public health, safety, and welfare merit revocation of the permit; or

7. G.

That the conditions of approval are found to be inadequate to mitigate the impacts of the use allowed by the permit, and the public health, safety and welfare merit modification of the permit.

8. H.

For a restaurant with on-sale alcoholic beverages, the business is not operating as a restaurant because the primary function of the operation is the sale or offering for sale of alcoholic beverages and not the sale or offering for sale of food. A food to alcohol sales ratio provides a quantitative tool to help evaluate whether the business is operating as a restaurant whose primary function is the sale or offering for sale of food, as opposed to a business whose primary purpose is the sale of alcoholic beverages. For purposes of determining whether this finding can be made, an on-sale restaurant that maintains a minimum of fifty (50) percent of the total gross sales, computed monthly, from the sale of prepared food is presumed to be a restaurant. An on-sale restaurant that does not meet these percentages has the burden of demonstrating that it operates as a restaurant, as that term is defined in Section 17.04.050. Refusal to provide the information requested under this subsection within sixty (60) days shall be deemed prima facie evidence that the business is not operating as a restaurant. (Ord. 15-1350 §3, 2015; Ord. 10-1312 §1, 2010)

Effective on: 1/1/1901

Any permit or variance granted by the planning commission or city council becomes null and void if not established within the date specified in such permit or variance, or if no date is specified, within two (2) years from the date of approval of such permit or variance. An approved permit or variance shall be deemed to have been established if the approved activity or actual construction has commenced and has been diligently pursued in accordance with all requirements and laws. Notice of permit expiration need not be provided by the city. One (1) or more extensions of time may be requested by filing a written request with the community development department at least thirty (30) days prior to the expiration date, including the reason therefor and payment of a fee set by resolution of the city council. The planning commission may deny, approve or conditionally approve each extension for a period not to exceed two (2) years; provided, that a public hearing shall be held pursuant to Chapter 17.68 prior to amendment of permit conditions. (Ord. 10-1312 §1, 2010; prior code Appx. A, §1801)

Effective on: 1/1/1901

Any conditional use permit granted by the planning commission or city council shall run with the land and remain in full force and effect until revoked or modified pursuant to Section 17.70.010, except that:

1. A.

A property owner may request to voluntarily abandon and extinguish the rights and obligations under a conditional use permit when all uses for which said permit had been issued have permanently ceased. The request to abandon a conditional use permit shall be made by filing a written request with the community development department, signed by all property owners of record and notarized, and include payment of a fee set by resolution of the city council. Upon receipt of such request, the community development director may, without a public hearing, declare the conditional use permit to be abandoned, null and void, and record notice thereof in the official records of the county recorder.

2. B.

In cases where Title 17 of this Code has been amended after approval of a conditional use permit such that the conditional use is now permitted by right under the Code, a property owner may request to voluntarily abandon and extinguish the rights and obligations under the conditional use permit. The request to abandon a conditional use permit shall be made by filing a written request with the community development department, signed by all property owners of record and notarized, and include payment of a fee set by resolution of the city council. Upon receipt of such request, the community development director may, without a public hearing, declare the conditional use permit to be abandoned, null and void, and record notice thereof in the official records of the county recorder.

3. C.

Upon abandonment of the conditional use permit, the subject permitted use shall thereafter be subject to all applicable rules and regulations set forth in the Code, and all other local, state or federal laws. The procedures in subsection (A) and (B) of this section shall not be available if said conditional use permit governs any other uses on the property. In this case, a conditional use permit amendment shall be required pursuant to Chapter 17.56 so that the planning commission may determine which provisions and conditions of the permit are no longer applicable and may be eliminated from the permit. (Ord. 10-1312, §1, Nov. 2010)

Effective on: 1/1/1901

Chapter 17.72 Permits, Licenses, Restrictions and Covenants

Contents:

17.72.010 Certificate of occupancy permit. 17.72.020 No conflicting licenses or permits shall be issued. 17.72.030 Restrictions and covenants. 17.72.040 Enforcement.

To assure compliance with the parking requirements and other provisions of the zoning ordinance a certificate of occupancy shall be obtained from the building department before:

1. A.

Any new building is initially occupied or used; 2. B.

Any existing building is altered or a change of type or class of use is made; and 3. C.

Any change of use of any unimproved premises is made. (Prior code Appx. A, § 1900)

Effective on: 1/1/1901

All departments, officials or public employees vested with the duty or authority to issue permits or licenses where required by law shall conform to the provisions of the zoning code; except, however, that permits for transient activities including, transient sales, parades, sports tournaments, nonpermanent filming activities, and special events not regulated by the zoning code shall be allowed in conformance with all other requirements of the Municipal Code. Transient activities are defined as temporary, nonpermanent and of short duration. These transient activities do not constitute a permanent use of land, but rather, only a temporary activity. Except as expressly provided herein, no such license or permit for uses, buildings or purposes where the same would be in conflict with the provisions of the zoning code shall be issued. Any such license or permit, if issued in conflict with the provisions thereof, shall be null and void. (Ord. 13-1341 § 5, July 2013; Ord. 94-1108 § 3, 1994: prior code Appx. A, § 1901)

Effective on: 1/1/1901

At the discretion of the city any restriction as to the use of property imposed as a condition to the grant of any application pursuant to the provisions of this title or any agreement, promise or covenant entered into between this city and any applicant shall be reduced to writing as a covenant running with the land and/or a deed restriction, and, after due execution, shall be recorded with the office of the county recorder, and the applicant shall pay any recordation fees in connection therewith. (Prior code Appx. A, § 1901.1)

Effective on: 1/1/1901

The Community Development Director, or his duly designated representative, is designated as the enforcing agent of this title and any amendments thereto. Any appeals from the decision of the enforcing agent in the administration of the zoning ordinance shall be made to the city planning commission. The decision of the planning commission in such matters shall be final and conclusive unless otherwise designated by this title. (Prior code Appx. A, § 1902)

Effective on: 1/1/1901