Ordinance 1410
ORDINANCE NO. lain
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO AMENDING ORDINANCE 652 REGARD-
ING PROCEDURES FOR THE REVOCATION OF CON-
DITIONAL USE PERMITS AND VARIANCES
The City Council of the City of Cupertino does
ordain as follows:
Section 1 - Amendment Section 6.5 of Ordinance 652 is
hereby amended to read as follows:
Section 6.5
(a) Authorit The Planning Director shall have
the author ty to initiate a public hearing before the
City Council for the consideration of the revocation of
a conditional use permit granted by either the Planning
Commission or the City Council under the provisions of
this ordinance.
(b) Notice - Priorit Said public hearing shall
be noticed as prow ded in Section 6.2(a) of this
ordinance with the additional requirement that the
original applicant and the owner of the subject property
are notified by registered or certified mail at least
ten (10) days prior to said public hearing. Said public
hearing should be conducted at the earliest regular
council meeting as is practical and as is consistent
with the notice requirements described above and is
entitled to priority scheduling on the Council's agenda.
Requests for continuance of said public hearing shall
only be granted by the City Council for good cause.
(c) Grounds for Revocation or Modification. The
City Counc 1 sha consi er a re evant ev ence,
including testimony, relative to the revocation of a
conditional use permit and at the conclusion of the
hearing may revoke, modify or allow to remain unchanged
the conditional use permit. A conditional use permit
may be revoked or modified if the Council finds one or
more of the following conditions exist:
1) That the conditional use permit was
obtained by fraud.
2) That the use for which the permit was
granted is not being exercised diligently
within the established time period outlined
within the use permit approval.
3) That the use for which the permit was
granted has ceased or has been suspended for
one year or more.
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4) That the applicant or owner has not
complied with one or more of the conditions of
approval of the permit.
5) That, prior to actual use of the property
pursuant to a use permit, the zoning or general
plan provisions applicable to the property has
been changed so that the particular use is no
longer permitted on the property.
d) Revocation or Modification - Additional
Grounds. If at the conclus on of the publ c hearing
escr d herein, the City Council finds that at the
time of the initiation of the revocation hearing,
grounds under subsection c of this section, existed for
revocation or modification of the conditional use
permit, but at the time of the public hearing, said
grounds no longer existed due to the actions of the
applicant or owner in remedying the specific violation
or violations which constituted the basis for the
initiation of the revocation process, the City Council
may nonetheless, revoke or modify the conditional use
permit if:
1) At least one prior revocation hearing was
initiated regarding the subject property within three
years of the initiation of the present hearing; and
2) it can be determined that the applicant or
owner has consistently violated the conditions of
the use permit or other city ordinances related to the
use of the subject property which were not made grounds
of any formal revocation process.
e) Administrative Costs Attributable to Revocation
Hearin s_. At the conclus on of any public hear ng under
this section, the Director of Planning shall determine
the actual costs incurred by the City for the initia-
tion, processing, and conducting of the particular
revocation proceeding. The applicant and owner of the
subject property shall be responsible for reimbursing
the City for said costs in one or more of the following
instances:
1) The conditional use permit is revoked or
modified;
2) In the event that the applicant or owner
executes a written agreement promising to pay
said reimbursement, or
3) In the event that the City Council finds
that at the time of the initiation of the
revocation process, grounds existed for
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revocation or modification, but by the time of
the public hearing said grounds no longer
existed due to the actions of the applicant or
owner in remedying the violation or violations
prior to hearing.
In the event that the applicant and owner are re-
sponsible for said reimbursement to the City, the
Director of Planning shall within five (5) days from the
conclusion of the proceeding notify the applicant and
owner by registered or certified mail of the amount owed
and the basis for computing said amount. If the appli-
cant or owner fails to reimburse the City for said admin-
istrative coats within sixty (60) days from the date of
notification, the Director of Planning is directed to
revoke any use permit which remains in force on the sub-
ject property. In addition, the City Attorney is author-
ized to commence and prosecute any civil action to col-
lect said administrative costs.
Any applicant or owners disagreeing with the determ-
ination of administrative costs by the Director of
Planning may appeal the Director's decision to the City
Council within ten (10) days of the date of the written
notification described herein by filing a written notice
with the City Clerk.
Section 2 - Amendment. Section 7.6 of Ordinance 652 is
hereby amended to read as follows:
Any variance granted in accordance with the terms of
this ordinance may be revoked by the City Council if any
of the conditions or terms of such variance are violated
or if any law or ordinance is violated in connection
herewith. The revocation hearing before the City
Council is conducted pursuant to the procedures des-
cribed in Section 6.5 of the ordinance relating to the
revocation of conditional use permits including revoca-
tion for additional circumstances as described in
Section 6.5(d) of this ordinance.
Section 3 - ReF-eal. Section 7.7 of Ordinance 652 is
hereby repealed.
Section 4 - Publication. The City Clerk shall cause
th s ordinance to be published at least once in a
newspaper of general circulation published and
circulated in the City within fifteen (15) days after
its passage, in accordance with Section 36933 of the
Government Codej shall certify to the adoption of this
ordinance and shall cause this ordinance and her
certification, together with proof of publication, to be
entered in the Book of Ordinances of the Council of this
City.
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INTRODUCED at a regular meeting of the City
Council this 30th day of March , 1987, and ENACTED
' at a regular meet~nq of the C t~ Council this 6th day
of Anril 1987, by the following vote:
Vote: Members of the City Councils
Ayes: Gatto, Plungy, Rogere, Sparks
Noes : None
Absent: Johnson
Abstains None
ATTATT_1~ °'/ APPROVED: _
..~ a>
City Cler Mayor, C ty o pert no
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