3A Public Hearing 2012 0416 - Laserfiche WebLink

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basis of erroneous information and misrepresentation. Furthermore, a triple homicide occurred in the immediate area shortly after the unauthorized occupancy violating PLN2011- 00021. FINDINGS In order to revoke the Conditional Use Permit, the Board of Zoning Adjustments must make one or more of the following findings (Zoning Code Article 29 Enforcement): 1. That the permit was issued on the basis of erroneous or misleading information or misrepresentation; 2. That the terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated; 3. That there has been a discontinuance of the exercise of the entitlement granted by the permit for 180 days; 4. That the approval has been so exercised to constitute a public nuisance or be detrimental to public health and safety. Staff believes that the Board of Zoning Adjustments can make a finding that the activity at 2661 Alvarado Street, Unit 22 has been operated in violation of the terms and conditions of PLN2011 -00021 (per #2. above). In addition, the advertisement to rent the space for other activities other than a place for trailer rentals shows that the permit was issued on the basis of erroneous information and misrepresentation (per #1 above). These findings comply with the requirements of Section 5 -2906 of the Zoning Code and allows the Board of Zoning Adjustments to revoke the Permit. After hearing testimony, should the Board believe it is necessary to revoke the permit, staff recommends that the Recommended Resolution containing written findings for that purpose be adopted. . Business Owner's and Property Owner's Statements The business owner and property owner have provided statements requesting that the City not revoke the CUP. They are attached to this staff report. ENVIRONMENTAL REVIEW This project to revoke PLN2011 -00021 is categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines, Article 19, Section 15321 as enforcement actions by regulatory agencies do not require environmental review. PUBLIC OUTREACH This item received normal noticing, including a legal advertisement in the Daily Review newspaper, posting of the property, and mailing notification of both business and property owners within a 300 -foot radius. RECOMMENDATION Staff is recommending revocation of PLN2011 -00021 Resolution Revoking Conditional Use Permit PLN2011 -0002 1 was issued on the basis of misleading information and conditions of approval of the CUP have been violated. BZA Staff Report Revocation of PLN2011 -00021 based upon the attached Recommended with the following Findings: 1) the permit misrepresentation; and 2) the terms and January 5, 2012 Page 3 of 4