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Ordinance No. 988467 ORDINANCE NO. 988 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTION 35.95 OF THE CYPRESS ZONING ORDINANCE RELATING TO MODIFICATION, SUSPENSION AND REVOCATION OF CONDITIONAL USE PERMITS WHEREAS, the California Court of Appeal recently issued an opinion in the case of Haas v. County of San Bernardino regarding the procedures applicable to the revocation of a permit; and WHEREAS, the City Council is amending Section 35.95 of the City of Cypress Zoning Ordinance in order to provide procedures consistent with the Court's recent decision in the Haas case. NOW, THEREFORE, the City Council of the City of Cypress hereby ordains as follows: Section 1: Section 35.95 of the Cypress Zoning Ordinance is hereby amended to read in its entirety as follows: Sec. 35.95. Modifications, Suspensions and /or Revocations. A. Initiation of Review. The Director of Community Development may initiate review of any conditional use permit for the purposes of modifying, suspending or revoking the conditional use permit at any time he or she has determined that the use for which the permit was issued is not being operated consistent with the conditions of approval of the conditional use permit; the use is being conducted and /or operated in a manner that constitutes a public nuisance as defined by California Civil Code § 3480; the use for which the permit was originally issued has materially changed such that it has become a different use than for which the permit was originally issued; or it is discovered that the application contained incorrect, false or misleading information. B. Required Findings. Upon the recommendation of the Director of Community Development, the Planning Agency may unilaterally modify, suspend or revoke a conditional use permit upon making any one of the following findings: 1. the use for which the permit was issued is not being operated consistent with the conditions of approval of the conditional use permit 2. the use is being conducted and /or operated in a manner that constitutes a public nuisance as defined by California Civil Code Section 3480; or 3. the application contained incorrect, false or misleading information. 4. the use for which the permit was originally issued has materially changed such that it has become a different use that for which the permit was originally issued C. Hearing on Modification, Suspension or Revocation. Upon determining that the grounds for modification, revocation or suspension exists as set forth in this section, the Director of Community Development shall furnish written notice of the proposed modification, suspension or revocation to the permittee. Such notice shall summarize the principal reasons for the proposed modification, suspension or revocation; and shall be delivered both by posting the notice at the location of the use for which the conditional use permit has been issued, and by sending the notice certified mail, postage prepaid, addressed to the permittee as that name appears on the conditional use permit application. Within ten (10) calendar days after receipt of the Notice of Proposed Action, the permittee may request a hearing by providing written notice of such a request to the City Clerk. The notice shall specify the grounds upon which the permittee contests the proposed action. In the absence of a timely hearing request, the proposed decision of the Director of Community - 1 - 468 Development shall be forwarded on to the Planning Agency along with the record upon which the Director of Community Development based his or her decision. Based on this record, the Planning Agency shall either adopt the Director's recommendation in its entirety, adopt the recommendation as modified, or reject the recommendation. Within ten (10) calendar days of receiving a request for a hearing, the City Clerk shall transmit to the permittee a list of five proposed qualified hearing officers as jointly recommended by the City Attorney and Community Development Director. Within ten (10) calendar days of the date the list of potential hearing officers has been mailed, the permittee shall return to the city the notice indicating that the permittee has either selected one of the proposed hearing officers or rejected all hearing officers. If the permittee rejects all the hearing officers, the permittee and the Director of Community Development shall, mutually select a hearing officer through Judicial Arbitration and Mediation Services, Orange County Office ( "JAMS "). If such a mutual selection cannot be made within five (5) working days of the City's receipt of the permittee's notice that it has rejected all proposed hearing officers, the permittee and City Clerk shall meet in person and each submit the names of three (3) JAMS hearing officers, which names shall be placed in an opaque receptacle. The City Clerk shall draw one name out of the receptacle which shall be the hearing officer for the appeal hearing. In either event, both parties shall equally split the cost for the hearing officer. Once the hearing officer has been selected, the permittee shall be notified of the time and place of the hearing by personal service or via US mail, postage prepaid, at least fifteen (15) calendar days in advance of the date set for the hearing. At the hearing, the permittee and the City shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The hearing officer shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the hearing officer. Within fifteen (15) days of the termination of the hearing, the hearing officer shall recommend that the Planning Agency either adopt the Director's recommendation in its entirety, adopt the recommendation as modified, or reject the recommendation. The recommendation of the hearing officer shall be forwarded by certified mail, postage prepaid to the permittee within three (3) days of the hearing decision. The decision and the record of procedures shall also be forwarded on to the Planning Agency. The Planning Agency shall meet within thirty (30) days of the issuance of the hearing officer's recommendation and either adopt the proposed decision in its entirety, amend the decision, or reject the decision. The Planning Agency's decision shall be based on the record of the hearing and shall be final. In the event that a judicial action is filed challenging the Planning Agency's decision on a conditional use permit involving expression protected by the First Amendment, the status quo shall be maintained pending the Superior Court's decision on the challenge. Section 2: The City Clerk of the City of Cypress shall certify to the passage and adoption of this ordinance and the same shall be posted as required by law and shall take effect as provided by law. FIRST READING at a regular meeting of the City Council of said City held on the 22nd day of March , 1999 and finally adopted and order posted at a regular meeting held on the 12th day of April , 1999. ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA COUNTY OF ORANGE ) SS MAYOR OF THE CITY OF CYPRESS I, LILLIAN M.HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regularly meeting of said City Council held on the 12th day of April 1999; by the following roll call vote: AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Piercy, Sondhi NOES: 0 COUNCIL MEMBERS None and Keenan ABSENT: 0 COUNCIL MEMBERS None 43,2 CITY CLERK OF THE CITY OF CYPRESS 3 469