O-013-17 Amending Chapter 18.58 of TItle 15 Relating to City's Zoning Code

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. That the Approval was obtained by fraud; 2. That the Use for which such Approval is granted is has not bei-ag been exercised within one Year of the date of Approval thereof, 3. That the Use for which such Approval was granted has ceased to exist or has been suspended for one Year or more; 4. The land Use entitlement granted is being, or recently has been, exercised contrary to the terms or conditions of such Approval, or in Violation of any statute, Ordinance, Law or regulation; 5. That the Use for which Approval was granted was so exercised as to be detrimental to the public health and safety, or so as to constitute a Nuisance-; 6. That the Use for which such Approval is granted has not been exercised and the Owner wishes to surrender or remove the land Use entitlement. B. A Public Hearing Shall be held before the Commission or before a Neutral Hearing Officer, appointed as specified in Section 18.58.101, to determine whether there are grounds to revoke or surrender the land Use entitlement. Written Notice of the Public Hearing Shall be served on the Owner of the Property for which such land Use entitlement was granted, at least ten Days before such Public Hearing. The Notice May be served either personally or by registered mail, postage prepaid, return receipt requested. C. At the Public Hearing, the Commission or the Hearing Officer, as applicable, Shall investigate the facts bearing on each case and render its Decision in writing within forty Days after the date of the first hearing, unless continued for further investigation, study or hearing. The Decision of the Commission or the Hearing Officer on the revocation of any land Use entitlement Shall be final Following a ten -Day Appeal period." SECTION 4. The City Council of the City of Colton hereby amends Section 18.58.100 of Chapter 18.58 of the Colton Municipal Code to read as follows: "Section 18.58.100 — Appeal Procedure. A. The Decision of the Commission on all land Use Applications Shall be final Following a ten -Day Appeal period. The Commission Shall, within te>i two working Days from the date of denial the Commission's action of any land Use Application, notify the Applicant by forwarding a Copy of the Resolution to the address shown upon the Application. B. The action of the Planning Commission in denying an Application Shall be final and conclusive unless, within ten calendar Days Following the date the City mails the F-eeeipt 0f Notice of the Commission's action to the Applicant, an Appeal in writing is filed with the City Clerk by the Applicant, or the City Council pursuant to subsection H below. 23152.06040\29226566.2 - 2 -