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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. 1 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 2 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. 3 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 4 w~