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City Council Meeting — August 7, 2007 <br />Zone Text Amendment, DAP -000-653 <br />Page 7 of 11 <br />following a public hearing. An additional provision has also been included to allow the <br />Planning Commission, at its discretion, to refer the matter for consideration to a neutral <br />hearing officer, to be selected as provided in the new Section 18.58.101. The notice <br />provision has also been revised and clarified. <br />PROPOSED TEXT CHANGE <br />(1) Change title of Section 18.58.080 from "Development Agreements" to 'Revocation of <br />land use entitlements". <br />(2) Include prior language from Section 18.58.070(6), with changes as shown: <br />Revocation of land use entitlements <br />1. Any land use entitlement described in this chapter may, automatically or by action of the <br />commission, be revoked upon any one or more of the following grounds: <br />a. That the approval was obtained by fraud; <br />b. That the use for which such approval is granted is not being exercised; <br />c. That the use for which such approval was granted has ceased to exist or has been <br />suspended for one year or more; <br />d. The land use entitlement is being, or recently has been, exercised contrary to the terms <br />or conditions of such approval, or in violation of any statute, ordinance, law or regulation; <br />e. That the use for which approval was granted was so exercised as to be detrimental to <br />the public health and safety, or so as to constitute a nuisance. <br />2. A public hearing shall be held before the commission or before a neutral hearing officer, <br />appointed as specified in section 18.58.101 below, to determine whether there are <br />grounds to revoke a land use entitlement. Written notice of the public hearing shall be <br />served on the owner of the property for which the land use entitlement was granted, at <br />least ten days before such public hearing. The notice may be served either personally or <br />by registered mail, postage prepaid, return receipt requested. <br />3. At the public hearing, the commission or the hearing officer, as applicable, shall <br />investigate the facts bearing on each case and render its decision in writing within forty <br />days after the date of the first hearing, unless continued for further investigation, study or <br />hearing. The decision of the commission or the hearing officer on the revocation of any <br />variance or conditional use permit shall be final following a ten-day appeal period. <br />EXPLANATION OF PROPOSED TEXT CHANGE <br />Section 18.58.090 Referral of extension or revocation decision to city council <br />This new section includes generally the same language previously included in Section <br />