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FINDINGS FOR MODIFICATION <br /> PA-2200053 <br /> MANTECA SPORTSMEN, INC./SAN JOAQUIN COUNTY CDD <br /> Pursuant to Development Title Section 9-802.130(d), a permit may be modified or revoked by the <br /> original decision-maker under any one of the following findings after a duly-noticed public <br /> hearing. Findings Nos. 2, 3, and 6 can be made in the affirmative. <br /> 1. The approval was obtained by means of fraud or misrepresentation of a material fact: <br /> This finding cannot be made. The property owner met all prerequisites of the <br /> Use Permit application and obtained approval from the Planning Commission. <br /> There is no evidence or allegation that the approval was obtained or extended <br /> by fraud. <br /> 2. One or more of the conditions upon which such development approval was granted have been <br /> violated <br /> This finding can be made as the project is in violation of the following condition: <br /> "The permitted use shall not at any time develop into a nuisance" <br /> 3. The use or facility for which the development approval was granted is so conducted or <br /> maintained as to be detrimental to the public health or safety, or as to be a public nuisance of <br /> the conditions upon which such development approval was granted have been violated. <br /> This finding can be made because bullets leaving the site and landing on parcels <br /> up to one-mile from the facility is potentially detrimental to public health and <br /> safety. <br /> 4. The use, building, or structure have been substantially expanded beyond what is set forth in the <br /> original permit, thereby causing substantial adverse impacts to the surrounding neighborhood. <br /> This finding cannot be made. The facility occupies substantially the same <br /> footprint as is included in the approval, and has been recognized historically. <br /> 5. The use in question has ceased to exist or has been suspended for one year or more. <br /> This finding cannot be made. The facility has been consistently in operation and <br /> has not ceased to operate for a period of one year or more. <br /> 6. There is or has been a violation of or failure to observe the terms or conditions of the permit or <br /> approval, or the use has been conducted in violation of the provisions of this Title or any other <br /> applicable law or regulation. <br /> This finding can be made as the project is in violation of the following condition: <br /> "The permitted use shall not at any time develop into a nuisance" <br /> PA-2200053— Findings 1 <br />