Laserfiche WebLink
1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />designated in Chapter 8.12, make a recommendation to the planning commission to <br />suspend, modify or revoke the deemed approved activity's deemed approved status if <br />in the judgment of the hearing officer, based upon information then before him or her, <br />such action is necessary to ensure compliance with this chapter. Such recommendation <br />may include the suggestion of additional or amended reasonable conditions on the <br />use, including but not limited to the operational standards listed in Section 18.47.070, <br />of this chapter. <br />D. If a hearing is conducted on a potential violation, the planning commission <br />shall determine whether the deemed approved activity is in compliance with the <br />performance standards. Based on this determination, the planning commission may <br />suspend, modify or revoke the deemed approved activity's deemed approved status <br />or impose additional or amended conditions on the use, including but not limited to <br />the operational standards listed in Section 18.47.070, of this chapter, based on <br />information then before it. In reaching a determination as to whether a use has <br />violated the performance standards, or as to the appropriateness of suspending, <br />modifying or revoking a deemed approved activity's deemed approved status, or <br />imposing additional or amended conditions on the use, the planning commission may <br />consider: <br />1. The length of time the deemed approved activity has been out of compliance <br />with the performance standards. <br />2. The impact of the violation of the performance standard(s) on the <br />community. <br />3. Any information regarding the owner of the deemed approved activity's <br />efforts to remedy the violation of the performance standard(s). <br />E. "Efforts to Remedy' shall include, but are not limited to: <br />1. Timely calls to the police department that are placed by the owner and/or <br />operator of the deemed approved activity, his or her employees, or agents. <br />2. Requesting that those persons engaging in activities causing violations of the <br />performance standard(s) cease those activities, unless the owner of the deemed <br />approved activity, or his or her employees or agents feels that their personal safety <br />would be threatened in making that request. <br />3. Making improvements to the deemed approved activity's property or <br />operations, including but not limited to the installation of lighting sufficient to <br />illuminate the area within the use's property line, the installation of security cameras, <br />clear unobstructed windows, clean sidewalks and graffiti abated within three days. <br />F. If in the judgment of the planning commission, the operations of the owner <br />or operator of the deemed approved activity constitute a nuisance, the owner is unable <br />or unwilling to abate the nuisance and the nuisance is shown to be a threat to the <br />23152.06000\30617514.1 - 11 - <br />