Sec. 26-266. - Applicability.

The provisions of division 12 shall apply to the revocation of conditional use permits, administrative permits, variances, or minor modifications. Revocation shall include amendment or modification of a permit which may result from a revocation proceeding.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-267. - Revocation hearing body.

(a)

The Planning Commission shall hear revocation proceedings for all permits and approvals issued by the Community Development Director or their designee.

(b)

The Planning Commission shall hear revocation proceedings for all permits and approvals issued by the Planning Commission, either in its initial hearing capacity, or on appeal to the Planning Commission.

(c)

The City Council shall hear revocation proceedings for all permits and approvals issued by the City Council, either in its initial hearing capacity, or on appeal to the City Council.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-268. - Grounds for revocation.

The hearing body may revoke, amend or suspend a conditional use permit, administrative permits, variances, or minor modifications ("permit") upon finding that:

(a)

The use is detrimental to the public health, safety or welfare or is a nuisance; or

(b)

The permit was obtained by fraud; or

(c)

The use has not been exercised prior to the expiration date of the permit; or

(d)

The use has ceased or been suspended for a period of six (6) months or more; or

(e)

The conditions of approval have not been complied with; or

(f)

The required findings for the permit have been violated; or

(g)

The use is not being operated in the manner or for the purpose contemplated by the approval of the permit.

(h)

The development entitlement dependent thereon has been revoked or suspended.

(i)

The use is being operated in violation of any federal, state or local law which results in detriment to the public health, safety or welfare.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-269. - Initiation of revocation processing.

Revocation proceedings may be initiated by a majority vote of a quorum of the City Council or the Planning Commission or by the Community Development Director or their designee.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-270. - Notice of hearing.

(a)

Notice of a revocation hearing for a conditional use permit or variance shall be given as follows:

(1)

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.

(2)

A notice of public hearing shall be mailed to the permittee or his/her agent, the owner of the property and owners of all property within a radius of five hundred (500) feet of the exterior boundaries of the property under consideration, using for this purpose the name and address of such owners as shown upon the latest available assessment rolls of the county assessor. A one thousand (1,000) feet notification radius is required for revocation of public utility entitlements. The notices shall be mailed at least ten (10) days prior to the date of the public hearing.

(3)

A public hearing notice shall be posted on the City's website at least ten (10) days prior to the public hearing.

(4)

A public hearing notice shall be published in a newspaper of general circulation at least ten (10) days prior to the public hearing. The advertisement shall be at least one-eighth (⅛) page.

(5)

The cost of noticing shall be paid by the City.

(6)

In addition to the repaired notification above, a public notice shall be posted on site of the subject property.

(c)

Notice of a revocation hearing for an administrative review shall be given as follows:

(1)

A notice of public hearing shall be mailed to the permittee or his/her agent, the owner of the property and owners of all property within a radius of five hundred (500) feet of the exterior boundaries of the property under consideration, using for this purpose the name and address of such owners as shown upon the latest available assessment rolls of the county assessor. The notices shall be mailed at least ten (10) days prior to the date of the public hearing.

(2)

The cost of noticing shall be paid by the City.

(d)

Notice of a revocation hearing for an administrative permit shall be given as follows:

(1)

Notices shall be mailed to the permittee, property owners of the subject site, and all owners of properties within a radius of five hundred (500) feet of the exterior boundaries of the subject site. The notices shall be mailed at least ten (10) days prior to the date of the public hearing.

(2)

The cost of noticing shall be paid by the City.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 40, 3-18-25)

Sec. 26-271. - Contents of hearing notice.

The notice of revocation hearing shall be in writing and shall contain at least the following information:

(a)

The street address and general description of the property or premises for which the permit has been issued. A map may be included.

(b)

The name of the permit holder.

(c)

A description of the type of permit and a general description of the activities approved by the permit.

(d)

A statement that the hearing will consider revocation of the permit, or in the alternative alteration or modification of the permit and/or the conditions of the permit.

(e)

The date, time, and location of the hearing.

(f)

The grounds for the revocation of the permit.

(g)

A statement that the permittee may represent himself/herself/themselves, or be represented by legal counsel or any other person of his/her choice.

(h)

A statement that the permittee may present evidence, testimony, and witnesses in defense of the revocation of the permit.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-272. - Conduct of the hearing.

(a)

Revocation hearings shall be noticed public hearings open to public participation.

(b)

The hearing body shall act as an independent arbiter in the conduct of the hearing, procedures, presentation of evidence, review of evidence and issuing a decision. The chairperson/mayor shall make determinations on procedure, witnesses, and evidence. The chairperson/mayor may be assisted by a member of the City Attorney's office or other counsel who has not participated in the preparation or presentation of the cause for revocation of the permit.

(c)

The City staff, City Attorney or other City representative shall first present the evidence for the cause for revocation. After the City presentation is complete, the permittee may present evidence in opposition to revocation. After the City representative and the permittee have completed their presentations, members of the public may speak for or against the revocation. The order and timing of presentations may be altered by the hearing body in the interests of an orderly, timely and fair hearing or for the reasonable convenience of the witnesses or parties. The hearing board may continue the hearing from time-to-time without further public notice.

(d)

Formal rules of evidence need not be followed. All witnesses shall be sworn or unsworn at the discretion of the hearing body.

(e)

Cross-examination of witnesses is not required unless, in the discretion of the hearing body, cross-

examination is necessary to provide a fair hearing and due process of law. Cross-examination of members of the public who speak shall not be allowed unless the hearing body determines that cross-examination is necessary to avoid a prejudicial denial of due process.

(f)

Documents should be identified and labeled in an orderly fashion when submitted to the hearing board.

(g)

The hearing board shall tape record the oral proceedings before the hearing board. The tape recordings shall be maintained for thirty (30) days after the time for any appeal has expired. If a timely appeal is not filed, the tape recordings may be destroyed.

(h)

All documents, testimony, and other evidence presented to and accepted by the hearing board shall constitute the administrative record upon which the hearing board shall make its decision. The administrative record shall include evidence submitted to the hearing board but not accepted by the hearing board.

(i)

The representatives of the cause for revocation shall be allowed to present final argument to the hearing board followed by final argument by the representative for the permittee. Rebuttal argument or re-rebuttal argument shall only be allowed at the discretion of the hearing board.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-273. - Decision of the hearing board.

(a)

At the conclusion of the hearing, or at any time thereafter, the hearing board shall deliberate the merits of the cause for revocation. Deliberations of the hearing board shall be conducted at a meeting open to the public, but need not be conducted at a noticed public hearing. Deliberations shall be solely among the hearing board members unless the hearing board invites other persons to participate.

(b)

The hearing board may revoke the permit, amend, alter, or modify the permit or impose new or additional conditions, all as reasonably related to mitigation or elimination of the grounds asserted for the revocation.

(c)

The decision of the hearing board shall be in writing, supported by findings, and approved by the hearing board within thirty (30) days of the close of the hearing, or at the next regular meeting of the hearing board immediately following such thirty (30) day period.

(d)

Upon approval of the decision by the hearing board, the decision shall be sent to the permittee by mail, fax or email.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-274. - Appeal of hearing board decision.

(a)

Appeals from decisions of the Planning Commission sitting as the revocation hearing board may be submitted to the City clerk by any interested party within ten (10) days of approval of the written decision of the hearing board. If the tenth day falls on a day when City Hall is not open the appeal may be made on the next business day. Decisions of the City Council sitting as the revocation hearing board are not appealable.

(b)

The appeal must be in writing, must include specific reasons for the appeal, and must be accompanied by the fee set by City Council resolution for such appeal. Such an appeal suspends and sets aside the decision of the lower authority.

(c)

Within five (5) working days of the receipt of the appeal the City clerk shall estimate the cost of preparation of the administrative record and send written notice to the appealing party that they must deposit one-half (½) of the estimated cost of preparation of the administrative record with the City clerk within ten (10) calendar days of the mailing date of the notice. Failure of the appealing party to timely deposit such onehalf (½) of the estimated cost shall be a waiver and termination of the appeal.

(d)

The cost of preparation of the administrative record shall include costs of preparation and duplication of all documentary and tangible evidence and the transcription of the oral portion of the hearing. The

transcription of the oral portion of the hearing shall be performed by an independent professional transcription service chosen by the City clerk.

(e)

Upon the completion of the preparation of the administrative record, including the transcription of the oral proceedings, the City clerk shall determine the actual costs of preparing the administrative record. Upon such determination of costs the City clerk shall send written notification of the actual costs of the preparation of the administrative record to the appealing party. The notice shall advise the appealing party that it must pay one- half (½) of the actual costs of preparation of the administrative record within ten (10) calendar days of sending of the notification, and that if such payment is not timely received by the City clerk, the appeal will be deemed waived and terminated. If the deposit of the estimated cost of preparation of the administrative record meets or exceeds the actual cost, payment will be deemed to have been timely made, and any overage will be refunded to the appealing party.

(f)

Upon receipt of the required payment from the appealing party the City clerk shall send written notice of the time and place of the review of the appeal by the City Council to the appealing party and the City's representative. The appeal shall be heard by the City Council within forty (40) calendar days of the payment of the required fees, or such additional minimal time as needed to meet the schedule of available City Council meetings. The notice shall contain:

(1)

The time and location of the City Council meeting at which the appeal will be reviewed.

(2)

The name of the appealing party and the name of the permittee.

(3)

The address of the property, if any is involved in the appeal.

(4)

A statement that the appealing party may present written or oral argument to the City Council based on the administrative record. Written arguments must be filed with the City clerk and received by the other parties to the appeal at least fifteen (15) calendar days prior to the date of the City Council meeting. Written rebuttal arguments by any party to the appeal must be filed with the City clerk and delivered to all other parties to the appeal at least seven (7) calendar days prior to the date of the City Council meeting. Oral argument and rebuttal argument may be presented at the City Council meeting.

(g)

The City Council shall determine the appeal based on their review of the administrative record. The review shall occur at a regularly noticed City Council meeting and shall not require a noticed public hearing. The appealing party shall be given the opportunity to present written or oral arguments to the City Council. The

City's representative shall be given the opportunity to present written or oral rebuttal argument to the City Council.

(h)

If the appealing party is not the permittee or there is more than one (1) appealing party, the following rules shall apply:

(1)

The appealing party, the permittee and the City shall be referred to as "parties to the appeal."

(2)

Each party to the appeal shall pay their proportionate share of the cost of preparation of the administrative record. If the appealing party does not timely pay their proportionate share of such costs, the appeal shall be waived and terminated. If any other party to the appeal does not timely pay their share of such costs, the non-paying party shall not be entitled to participate in the appeal process, but shall remain liable to the City for their share of the costs of preparation of the administrative record.

(3)

All notices shall be sent to all parties to the appeal.

(4)

Arguments may be presented by the appealing party, and rebuttal arguments may be presented by any other parties to the appeal. All written arguments and rebuttal arguments shall be delivered to all other parties to the appeal.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-275. - Decision of the City Council on appeal.

(a)

At the conclusion of the meeting, or at any time thereafter, the City Council shall deliberate the merits of the cause for the appeal. Deliberations of the City Council shall be conducted at a meeting open to the public, but need not be conducted at a noticed public hearing. Deliberations shall be solely among the City Council members, unless the City Council invites other persons to participate.

(b)

The City Council may revoke the permit, amend, alter, or modify the permit or impose new or additional conditions, all as reasonably related to mitigation or elimination of the grounds asserted for the revocation.

(c)

The decision of the City Council shall be in writing, supported by findings, and approved by the City Council within thirty (30) days of the close of the meeting, or at the next regular meeting of the City Council

immediately following such thirty (30) day period.

(d)

Upon approval of the decision by the City Council, the decision shall be sent to the permittee by mail, fax or email.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-276. - Termination of proceedings.

(a)

The Community Development Director or their designee may recommend to the hearing body termination of the revocation proceedings anytime during the hearing process or the appeal process if the Community Development Director or their designee determines that:

(1)

The grounds for the revocation have been satisfactorily corrected by the permittee.

(2)

The permittee has voluntarily ceased the use for which the permit was issued.

(3)

The permittee has ceased the activity which was the grounds for the revocation and provided a written relinquishment of the permit to the Community Development Director or their designee.

(4)

The permittee has reached a written settlement agreement with the City which will protect public health, safety, and welfare.

(5)

There exists other good cause for termination of the revocation proceedings.

(b)

After due consideration of the recommendation of the Community Development Director or their designee, the hearing body may approve the termination of the revocation proceedings by a majority vote of a quorum of the hearing body.

(c)

The hearing body may, on its own initiative, and for good cause, terminate any revocation proceedings by a majority vote of a quorum of the hearing body.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 13. - PLANNING COMMISSION SUBCOMMITTEE FOR DESIGN REVIEW