HomeMy WebLinkAboutOrd 0923ORDINANCE N0. 923
AN ORDINANCE ADDING SECTION 25. 16.140 TO TITLE 25, ZONING,
OF THE BURLINGAME MUNICIPAL CODE PROVIDING FOR
THE REVOCATION OR SUSPENSION OF USE PERMITS OR VARIANCES
The City Council of the City of Burlingame, California,
does ordain as follows:
Section 1. Section 25.16.140 is hereby added to Title
25, Zoning, of the Municipal Code of the City of Burlingame and
shall read and provide as follows:
Variance.
25.16.140 Revocation or suspension of Use Permit or
(a) Grounds. The Planning Commission may revoke, sus-
pend or modify any variance or conditional use permit previously
granted or issued on any one or more of the following grounds
(1) That the approval was obtained by fraud or mis-
representation.
(2) That the use for which such approval was granted
is not being exercised.
(3) That the use for which such approval was granted
has ceased to exist or has been suspended for one
(1) year or more.
(4) That the conditional use permit or variance 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 other
regulation.
(5) That the use for which the approval was granted was
so exercised as to be detrimental to the public
health, safety or welfare or so as to constitute
a nuisance.
(b) Notice. No variance or use permit shall be
or suspended until a hearing is held by the Planning Commission,
Written notice of such hearing shall be served upon the permittee,
either personally or by registered mail, and shall state a
1. The grounds for complaint or reasons for the revo-
cation or suspension.
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2. The time when, and the place where, such hearing is
to be held. Such notice shall be served on the permittee at least
ten (10) days prior to the date set for said hearing.
(c} Notice to property owners. At least ten days prior
to the date set for the hearing, the city clerk shall cause a
notice thereof to be given by mail to each owner of property, as
such ownership is shown upon the last equalized assessment roll
for taxes in the city, which lies within a radius of five hundred
feet from the property for which the variance or special permit
was granted. The notice shall give the date, time and place of
hearing, the name of the permittee or variance holder, a descrip-
tion of the property, the nature of the proceeding and such other
facts as may be prescribed from time to time by the commission.
The failure of the city clerk to mail or the failure of
such addressees to receive such notice shall not affect the valid -1
ity of such proceedings, provided such failure shall have occurred
in good faith.
At any such hearing the permittee shall be given an
opportunity to be heard and he may call witnesses and present
evidence in his behalf. Upon conclusion of such hearing the
Planning Commission shall determine whether or not the permit or
variance shall be suspended or revoked. In the event the deter-
mination is to suspend or revoke such permit or variance, the
permittee or variance holder may appeal said decision to the City
Council in the same manner as provided hereinabove for appeals
taken on applications for the granting of variances and permits.
Section 2. Section 25.54.040 of Title 25 and any other
provisions of this code in conflict herewith are hereby repealed.
Section 3. Severability. If any section, subsection,
subdivision, paragraph, sentence, clause or phrase of this ordi-
nance or any part thereof is for any reason held to be unconsti-
tutional, such decision shall not affect the validity of the re-
maining portions of this ordinance or any part thereof. The City
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Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional.
Section 4. Publication. This ordinance shall be pub-
lished as required by law.
I, HERBERT K. WHITE, City Clerk, do hereby certify that
the foregoing, ordinance was introduced at a regular meeting of
City Council held on the 3rd day of August, 1970, and adopted
thereafter at a regular meeting of the City Council held on the
17th day of Aueust , 1970, by the following votes:
AYES; Councilmen: Arr.stru��-Cros?1y-Johnson-Mangini-P<`arti
NOES: Councilmen; None
Absent Councilmen: None
Cler
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