Chapter 19.12 — ADMINISTRATION 

The purpose and intent of the Administration section is to establish procedures for the discretionary review of development in the City in order to ensure that new development and changes to existing developments comply with City development requirements and policies. This chapter establishes the procedures for review of applications before the approval authorities for each type of project and the process for appeals of any requirement, decision or determination made by any Approval Body.

(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011)

Except as otherwise provided in this section, Development Review is required for all zoning map and text amendments, new construction, modifications to building exteriors or site improvements, and changes in land use, including, but not limited to, the following:

In the A, A1, R-1 and RHS Zones, the following activities:

Conditional uses in accord with Chapter 19.20, Chapter 19.24, Chapter 19.28, and Chapter 19.40;

Removal of protected trees identified in Chapter 14.18;

Projects in R-1 zones identified in Section 19.28.040; Height Exceptions identified in Section 19.24.050(B)(3); Hillside Exceptions identified in Section 19.440.070, Section 19.40.050, and Chapter 19.48;

Parking Exceptions identified in Chapter 19.124; Fence Exceptions identified in Chapter 19.48;

Variance to all other zoning regulations.

In R-2, R-3, R-4, R1C, TH and all Commercial, Industrial, Office, Planned Zoning Districts, and other non-residential zoning districts:

New structures or property development, including signs and sign programs. Building additions, exterior modifications to existing structures including signs and sign programs, and site changes (including, but not limited to, new or modified landscaping, tree removals, fencing, changes to parking lot space striping or circulation);

Changes in property or building use that involve exterior modifications; Exceptions or modifications to the development's required and/or existing parking;

Conditional uses in accord with Chapter 19.20, Chapter 19.32, Chapter 19.36, Chapter 19.38, Chapter 19.44, Chapter 19.46, Chapter 19.60, Chapter 19.64, Chapter 19.68, Chapter 19.72, Chapter 19.76, Chapter 19.80, Chapter 19.84, Chapter 19.88, Chapter 19.92, Chapter 19.96, Chapter 19.128, Chapter 19.116, Chapter 19.132, Chapter 19.136.

(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 24-2261, § 1 (part), 2024)

Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and Extension Dates for different types of Permits.

Table 19.12.030 - Approval Authority 

Notes:

Permits can be processed concurrently with other applications, at the discretion of the Director of Community Development.

Projects with combined applications shall be processed at the highest level of approval in conformance with Section 19.04.090.

Public Hearing: Projects types that need noticing pursuant to the CA Government Code; Public Meeting: Project types that need only a mailed notice and no newspaper notices; Comment Period: Project types that need only a mailed notice and do not need a public hearing or public meeting.

Noticing Radius of an application in a combined application shall correspond to the maximum noticing radius required for any one of the applications.

Expiration date of an application in a combined application shall correspond to the maximum expiration date allowed for any one of the development applications (not including Subdivision Map Act applications, General Plan Amendments and Zoning Map or Text Amendments.)

Major General Plan Amendment, Conditional Use Permit, Development Permit application - for more than ten thousand square feet of commercial and/or

industrial and/or office and/or other non-residential use, or greater than six residential units.

Minor General Plan Amendment, Conditional Use Permit, Development Permit application - for ten thousand square feet or less of commercial and/or industrial and/or office and/or other non-residential use, or six or less residential units.

City Council review for applications with new development greater than fifty thousand square feet of commercial, and/or greater than one hundred thousand square feet of industrial and/or office and/or other non-residential use, and/or greater than fifty residential units.

Planning Commission review for all other applications.

Please see specific zoning district regulations or chapters in this title that apply to the subject property or project for approval authority. Also see Note P.

Major Architectural and Site Approval application - architectural and site approval for all projects that are not a Minor Architectural and Site Approval application.

Minor Architectural and Site Approval application - single family home in a planned development zoning district; minor building architectural modifications; landscaping, signs or lighting for new development; permanent supportive housing with up to 6 units subject to by-right processing as required by Government Code Section 65650 et seq.; redevelopment or modification in such zones where review is required; and minor modifications of duplex and multi-family buildings.

Meeting type and noticing are dependent on the underlying permit being modified. Parking Exceptions approved by the Director of Community Development need a comment period.

Parking Exceptions in Single-family residential (R1) zones and Duplex (R2) zones need adjacent noticing.

All other Parking Exceptions need notices within three hundred feet of the exterior boundary of the subject property.

Application must be filed prior to expiration date of permit. Permit is extended until decision of the Approval Body on the extension.

Housing Development projects located on Priority Housing Sites, identified to meet the lower income RHNA in the City’s Housing Element (Tables B4-7 and B4-9), are required to be developed at a minimum density of 20 dwelling units per acre, unless a higher minimum density is required per the General Plan. Housing Development projects that provide at least 20% of the total units in the development as affordable to lower income households, are eligible for byright approval as defined in Government Code Section 65583.2(i), which means that they are exempt from CEQA and subject only to design review based on objective standards. Major Architectural and Site Approval shall be processed as follows:

Administrative Review at an Administrative Hearing for a project with up to 50 units

Planning Commission review for projects with greater than 50 units.

• Any subdivision of the Priority Housing Sites shall be subject to all laws, including, but not limited to, the Subdivision Map Act and Title 18 of the Municipal Code.

Permanent supportive housing with between 7 and 50 units and low barrier navigation centers are subject to by-right Major Architectural and Site Approval as defined in subsection (i) above and shall be reviewed and approved as required by Government Code Section 65650 et seq., for supportive housing, and Government Code Section 65660 et seq. for low barrier navigation centers.

(Ord. 23-2247, § 1 (part), 2023; Ord. 22-2246, § III (part), 2022; Ord. 22-2238, §§ 3.3-3.4, 2022; Ord. 21-2235, §§ 3.3-3.4, 2021; Ord. 19-2187, § 3 (part), 2019, Ord. 18-2177, § 3 (part), 2018; Ord. 18-2175, § 1 (part), 2018; Ord. 17-2165, § 3, 2017; Ord. 17-2162, § 1,

2017; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 23-2254, Att. A (part), 2023; Ord. 24-2260, Att. A, (§ 3) 2024; Ord. 24-2261, § 1 (part), 2024; Ord. 25-2277, Exh. A (part), 2025)

Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the Director of Community Development is as follows:

Grant any permits which are authorized to be issued by the Director pursuant to Section 19.12.030 and any other provisions of this code;

Grant parking exceptions for projects that are reviewed in conjunction with permits which are authorized to be issued by the Director of Community Development pursuant to Section 19.12.030;

Grant a variance from site development regulations and parking and loading regulations (except those handicapped parking regulations mandated by State law) applicable within any zoning district established by this title;

Grant a variance from the special conditions of approval that apply to site development and parking and loading regulations (including conditions attached to planned developments) applicable within any zoning district established by this title.

Grant a request for reasonable accommodation made by any person with a disability, when the strict application of the provisions within residential districts acts as a barrier to fair housing opportunities, pursuant to Chapter 19.52.

Make reasonable interpretations of the regulations and provisions of this title, and any chapter therein, consistent with the legislative intent. Persons aggrieved by an interpretation of the Director of Community Development may petition the Planning Commission in writing for review of the interpretation.

May refer an application to another Approval Body for review, decision or recommendation.

(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011)

Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the Planning Commission is as follows:

Grant any permits which are authorized to be issued by the Planning Commission pursuant to Section 19.12.030 and any other provisions of this code;

Grant parking exceptions for projects that are in conjunction with permits which are authorized to be issued by the Planning Commission pursuant to Section 19.12.030;

Make recommendations to the City Council on applications in which it is a recommending body; and

Decide on appeals of decisions pursuant to Section 19.12.030.

(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011)

Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the City Council is as follows:

Grant any permits which are authorized to be issued by the City Council pursuant to Section 19.12.030 and any other provisions of the code;

Decide on appeals of decisions pursuant to Section 19.12.030.

(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011)

Unless otherwise specified in this title, all applications for permits, permit modifications, amendments and other matters pertaining to this Chapter shall be filed with the Director of Community Development with the following:

An application for permit may be made by the owner of record, his or her agent, lessee(s) of property, or person(s) who have contracted to purchase or lease property contingent upon their ability to acquire the necessary permit under this title and who have written authorization from the property owner to make an application.

Application shall be made on a form provided by the City, and shall contain the following, unless waived by the Director of Community Development based on the scope of the proposed project:

A complete legal description of the subject property and map showing the location of the property for which the permit is sought; A preliminary title report of the subject property; The proposed site development plan indicating: the location of all buildings and structures; the location and types of land uses; paved areas, such as roadways, driveways and walkways; and general landscaping scheme; Architectural drawings of the proposed development, building additions or other structures. Drawings shall indicate building height, colors, materials, window treatment and other architectural features; Maps showing the locations of buildings; Renderings showing building heights and square footages; Maps showing the precise location of roads, streets, alleys and access points; A traffic analysis, if required; A construction plan, Any property/development with a Homeowner’s Association (HOA) or Architectural Review Board (ARB) shall provide a letter of approval from said HOA Board or ARB. The Director of Community Development may reasonably require additional information which is pertinent and essential to the application. Zoning Map or Text Amendments shall also include information required per Chapter 19.152. Zoning applications for Planned Development Zoning Districts shall also include information required per Section 19.80.040; Zoning applications for Multiple-Family (R-3 and R-4) Residential or Townhome (TH) Combining District shall also include information required per Sections 19.36.040, 19.38.040, and 19.46.040; and Zoning applications for Residential Single-family Cluster (R1C) initiated by a property owner, or his or her designee, shall also include items identified in Section 19.44.050H. Planned Development Permit and Development Permit applications shall also include information required per Section 19.156.010. Conditional Use Permits and Variances shall also include information required per Section 19.156.020. Density Bonus Permit applications shall also include information required per Section 19.56.060. Conversion of Apartment Projects to Common Interest Developments applications shall also include information required per Section 19.116.050.

Sign Permit Applications should also include information required per Section 19.104.040.

A grading plan clearly identifying existing contours and finished grading in relation to proposed construction. The grading plan shall denote the location of all nonfruit trees with a trunk diameter as identified in Chapter 14.15, the Protected Tree Ordinance and any special status plant species.

Application shall be accompanied by the fee prescribed by City Council resolution, no part of which shall be returnable to the applicant.

(Ord. 17-2165, § 4, 2017; Ord. 17-2162, § 2, 2017; Ord. 16-2149, § 4, 2016; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 24-2261, § 1 (part), 2024)

Upon receipt of an application for a permit, the Director of Community Development shall:

Within thirty days determine whether the application is complete or needs additional information and shall inform the applicant.

For permit applications not requiring any comment period, public hearing or public meeting, proceed to review the application.

Mail ballots to the property owners of record of the properties affected by a SingleStory Overlay District Application. The ballot shall, in addition to information related to the proposal, include the following information:

Proposed Single-Story Overlay District Map pursuant to Section 19.28.050(B) (1);

Statement indicating that each developable lot of record shall have one (1) vote; and A date, forty-five (45) calendar days from the date of mailing of the ballot, on which a completed ballot must be postmarked or received by the City in order to be accepted.

Not later than a period stipulated in Section 19.12.100, Decision, below:

Set a date for a public hearing or public meeting upon the matter at a regular or special meeting of the approval authority for the project for applications that require a public hearing or public meeting, except that Single-Story Overlay District Applications shall be scheduled for a public hearing, only if the result of the mailed ballot, pursuant to 19.12.090(B) above, indicates support of a minimum sixty-six and two-thirds (66 2/3) percent by the property owners within the proposed or existing Single-Story Overlay District (each developable lot of record shall have one (1) vote); or

Send notice in accord with the requirements of 19.12.110(D) for applications that do not need a public hearing or public meeting.

(Ord. 20-2200, § 6, 2020; Ord. 17-2162, § 3, 2017; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011)

The Approval Authority is granted the authority to make the decision to grant, deny, or impose conditions or restrictions on a permit or other action on a permit as well as to conduct and make any decisions necessary for environmental review under the California Environmental Quality Act.

Unless postponed or continued with the mutual consent of the Director of Community Development and the applicant and written confirmation from the applicant, a decision shall be rendered:

No later than sixty (60) days following the date the application is deemed complete and either categorically exempt under the California Environmental Quality Act (CEQA) or the adoption of a negative declaration or one hundred and eighty (180) days of certification of an Environmental Impact Report (EIR).

Notwithstanding the above, no later than one hundred and fifty (150) days upon receipt of a complete application for a new personal wireless communication facility or ninety (90) days upon receipt of an application for collocation of a personal wireless communication facility/antennas.

(Ord. 17-2165, § 5, 2017; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011)

Notice of Public Hearing: Noticing shall be provided in the following manner for applications that need a public hearing:

Notice of hearing shall be given by publication once in a local newspaper of general circulation not less than ten days prior to the date of the hearing as provided in Section 65090 of the California Government Code;

The City shall mail written notice by first class mail to:

Each owner of record of real property within the noticing radius per Section 19.12.030 of the exterior boundary of the property for which the application is made as the owner of record is shown in the last tax assessment roll pursuant to Section 65091 of the California Government Code;

Owner(s) of subject site or his or her authorized agent

Project applicant(s)

Local agencies expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the proposed project;

Any individual or entity that has filed a written request with the City Clerk requesting notification of public hearings.

If the number of owners to whom notice would be mailed or delivered pursuant to subsection A2 above is greater than one thousand, in lieu of mailed or delivered notice, the Director may provide published notice as provided in Government Code Section 65091(3).

The notice shall contain the following:

The exact address of the property, if known, or the location of the property, if the exact address is not known;

The date on which action on the application will be taken;

A brief description, the content of which shall be in the sole discretion of the City, of the proposed project;

Reference to the application on file for particulars;

A statement that any interested person, or agent thereof, may contact the city for additional information and/or plans.

Typographical and/or publishing errors shall not invalidate the notice nor any City action related to the notice.

Notice of Public Hearing for Zoning Text Amendments:

For amendments to zoning regulations: Notice of such hearing (publication) shall be given in the manner prescribed in Section 19.12.110 A(1) of this chapter.

For amendments to permitted uses of real property: Notice (mailing or publication) shall be given pursuant to Sections 19.12.110 A(2) or A(3), as the case may be.

Notice of Public Meeting: For projects requiring notice of a public meeting, notice shall be mailed in accord with 19.12.110A(2) or A(3), as the case may be, at least ten days prior to the date of the meeting date.

Notice of Comment Period: For projects requiring notice of a comment period, notice shall be mailed in accordance with 19.12.110A(2) and A(3), fourteen calendar days prior to the date of action on the application.

For permits issued pursuant to Chapter 19.28, Single Family Residential, the mailed notice shall include a copy of the site plan and elevation plans of the proposed project, unless plans contain protected information, as defined by California Government Code Section 65103.5.

For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice shall include a copy of the site plan and tree replacement/mitigation plan.

The City may also give notice of public hearings/public meetings in any other manner it deems necessary or desirable. If the Director of Community Development believes the project may have impacts beyond the range of the mailed notice, particularly on nearby residential areas, the Director, in his or her discretion, may expand noticing beyond the stated requirements in Section 19.12.030.

Compliance with the procedures set forth in this section shall constitute a goodfaith effort to provide notice, and the failure to provide notice, and the failure of any to receive notice, shall not prevent the City from proceeding with a hearing, meeting or from taking any action nor affect the validity of any action.

Posted Site Notice:

Applicants shall install notice(s) on the subject site that is/are clearly visible and legible from the right-of-way in accord with the requirements of Table 19.12.030.

Applicants must install a site notice in the front yard of the subject site.

For all applications other than Residential Design Review, Miscellaneous Ministerial Permits, and Tree Removal applications in R1 or R2 zones, if the subject site has more than one property line abutting a street, the applicant may be required to install more than one notice.

The notice shall be a weatherproof sign, firmly attached to 5 foot tall posts and:

For Residential Design Review, Miscellaneous Ministerial Permits, and Tree Removal applications in R1 or R2 zones, shall be at least 2 feet tall and 3 feet wide.

For all other applications that need a site notice, shall be at least 4 feet tall and 6 feet wide.

The notice shall be placed at least 14 days prior to the decision/public hearing and shall remain in place until an action has been taken on the application and the appeal period, if any, has passed.

The notice shall contain the following:

The exact address of the property, if known, or the location of the property, if the address is not known;

A brief description of the proposed project, the content of which shall be at the sole discretion of the City;

City contact information for public inquiries;

A deadline for the submission of public comments;

If proposing a physical alteration to an existing building or new buildings, at least one of the following visual representations of the proposed project:

A color perspective drawing or three-dimensional (3-D) photographic simulation of the proposed project, in a size deemed appropriate by the Director of Community Development.

For Residential Design Review Permit, and Miscellaneous Ministerial Permit applications, a color or black and white perspective drawing or three-dimensional (3-D) photographic simulation of the proposed project, at least 11 inches by 17 inches in size.

Visual Representation is not required for applications that do not have a material change in the physical appearance of the property.

Miscellaneous Ministerial Permit: For projects requiring notice of a Miscellaneous Ministerial Permit, notice shall be mailed in accord with subsection 19.12.110A(4) and posted on the property, fourteen calendar days prior to the date of action on the application.

(Ord. 22-2246, § III (part), 2022; Ord. 22-2238, §§ 3.5-3.6, 2022; Ord. 21-2235, §§ 3.5-3.6, 2021; Ord. 17-2165, § 6, 2017; Ord. 17-2162, § 4, 2017; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 23-2254, Att. A (part), 2023; Ord. 25-2277, Exh. A (part), 2025)

For applications requiring Administrative review with no public meeting, public hearing or comment period, the Director of Community Development or his or her designee may, subject to the requirements of Section 19.12.100, issue his or her decision no later than thirty days from receipt of all information, unless referred to a different approval authority for a decision.

For applications requiring Administrative review with a public meeting, public hearing or comment period, the Director of Community Development or his or her designee may, subject to the requirements of Section 19.12.100:

Issue his or her decision at the conclusion of the public meeting, public hearing or comment period;

Continue the item for additional public hearings, public meetings or comment period; or

Defer action by taking the item under advisement and issuing the decision no later than thirty days following the public meeting, public hearing or comment period.

No additional noticing is required if a project is continued.

For applications where a public meeting or public hearing is required to be held before the Director of Community Development, the meeting shall be held in the same manner as a Planning Commission meeting.

(Ord. 23-2247, § 1 (part), 2023; Ord. 20-2200, § 7, 2020; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011)

For applications where the Planning Commission is the Approval Body, it shall render a decision, which is supported by the evidence contained in the application or presented at the meeting, at the meeting, or at a subsequent meeting after conclusion of the public hearing or public meeting, subject to the requirements of Section 19.12.100.

For zoning map amendments, on the basis of evidence and testimony presented to the Planning Commission at the public hearing, the Planning Commission may determine that the public interest will be served, either by revising the area being considered for reclassification to include properties not originally part of the application, or by giving consideration to district classifications not originally requested by the application. The Planning Commission may, solely at its option, consider additional properties or district classifications, or both.

For applications requiring City Council approval, the reviewing body shall forward its written findings, determinations and recommendation to the City Council for final action, subject to the requirements of Section 19.12.100.

(Ord. 23-2247, § 1 (part), 2023; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011)

Upon receipt of a recommendation of the reviewing body, the City Council may by resolution approve, modify, or disapprove the recommendation of the reviewing body, subject to the requirements of Section 19.12.100.

Upon final approval of a zoning or prezoning application, the City Council shall enact an ordinance zoning or prezoning the subject property or properties, incorporating within the ordinance:

A Conceptual development plan, if required, and

Conditions of approval.

For a Development Agreement, the City Council shall enact an ordinance that shall refer to and incorporate the text of the Development Agreement by reference.

For applications requiring City Council approval, the City Council shall issue its decision at the conclusion of the public hearing or public meeting.

(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011)

Notice of decision:

The decision for applications approved with a public meeting or public hearing shall be mailed to the property owner and applicant at the address shown on the application.

The decision for applications approved with a comment period shall be mailed to the property owner and the applicant at the address shown on the application and any person who has commented on the proposed project within the comment period or during revocation proceedings.

The decision shall contain the following:

Applicable findings;

Any reasonable conditions or restrictions deemed necessary to secure the purpose of this title and to assure operation of the development and/or use in a manner compatible with existing and potential uses on adjoining properties and in the general vicinity; and

Reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the health, safety and welfare of the City.

The decision of the Director of Community Development, or Planning Commission shall be final unless appealed in accord with Section 19.12.170. A decision of the City Council shall be final.

Reports: The Director of Community Development shall endeavor to forward reports, within five calendar days from the date of the decision, to the:

Planning Commission and the City Council of a decision by the Director of Community Development.

City Council of a decision by the Planning Commission.

(Ord. 23-2247, § 1 (part), 2023; Ord. 20-2200, § 8, 2020; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011)

A permit approved by the City Council shall take effect ten days following the date that the findings are adopted.

Specific Plans, General Plan Amendments, Zoning Ordinance/Map Amendments, and Development Agreements shall become effective thirty days following the final date of action (e.g., adoption) by the City Council.

All other permits shall take effect fourteen calendar days following the date that the findings are adopted by the appropriate Approval Body, unless an appeal is filed as provided in Section 19.12.170.

(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011)

An appeal may be filed by any person, firm or corporation aggrieved or affected by any grant, denial, modification or revocation of any permit, or any determination or interpretation related to any provision of this title. No appeal of a Miscellaneous Ministerial Permit shall be allowed.

Filing:

An appeal shall be in writing on forms prescribed by the City and shall be filed during regular office hours with the City Clerk within fourteen calendar days after the City decision or if a notice of decision is not required, from the date of the decision or determination, under this title. An appeal not filed within such time shall be barred. The appeal shall state the grounds and basis thereof.

Appeals under this chapter are subject to an appeal fee as prescribed by resolution of the City Council.

Noticing: Notice of hearing shall be given in the same manner in which the original notice was given. If a project with no noticing is appealed, appropriate noticing shall be determined by the Director of Community Development.

Appeal hearing body shall be determined in accord with Section 19.12.030.

Decision of the appeal hearing body: The decision or determination of the appeal hearing body on any appeal shall be final and effective immediately.

Notice of Decision: Notice of the appeal hearing body's decision shall be mailed to the original applicant, to the person filing the appeal, and to any other person who has filed a written request with the City Clerk.

(Ord. 22-2246, § III (part), 2022; Ord. 22-2238, § 3.7, 2022; Ord. 21-2235, § 3.7, 2021; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011)

Expiration.

Approval on a permit or variance shall become null and void and of no effect, within the time frame specified in Section 19.12.030 following its issuance, unless a shorter or longer time period is specifically prescribed in the conditions of permit or variance or the Section of the Municipal Code pursuant to which the permit or variance is issued, unless:

A building permit is filed and accepted by the City (fees paid and control number issued.) In the event that a building permit expires for any reason, the permit shall become null and void.

A permit or variance shall be deemed “vested” when actual substantial and continuous activity has taken place upon the land subject to the permit or variance or, in the event of the erection or modification of a structure or structures, when sufficient building activity has occurred and continues to occur in a diligent manner.

Notwithstanding subsection 1 of this section, if the use for which a conditional use permit was granted and utilized has ceased or has been suspended for one year or more, the permit becomes null and void.

Unless a variance or exception has expired pursuant to subsection 1 of this section, it shall continue to exist for the life of the existing structure or such structure as may be constructed pursuant to the approval, unless a different time period is specified in its issuance. A variance or exception from the parking and loading regulations, and a sign exception shall be valid only during the period of continuous operations of the use and/or structure for which the variance or exception was issued.

Extensions. A permit or variance may, in accord with Section 19.12.030, Approval Authority, be extended for the time frame specified in Section 19.12.030, upon timely submittal of an application with the Director of Community Development prior to expiration.

Violation. Once a permit or variance is effective, any and all conditions of approval imposed shall become operative, and the violation of any of them constitute a violation of this Code.

Revocation.

Process: In any case where, in the judgment of the Director, substantial evidence indicates that the conditions of a permit or variance have not been implemented, or where the permit or variance is being conducted in a manner detrimental to the public health, safety, and welfare, the Director shall set a date for a public hearing before the decision maker granting the original permit or variance, and notice a public hearing in accordance with Section 19.12.110, Noticing, of this code.

Findings: A permit may be revoked or modified if any one of the following findings can be made by the approval authority reviewing the revocation or modification proceedings:

That the permit was obtained by misrepresentation or fraud;

That the improvement, use or activity authorized in compliance with the permit had ceased or was suspended for one year or more;

That one or more of the conditions of the permit have not been met and/or have been violated; or

That the owner or occupant of the property is conducting the use or any associated or other use of the property in violation of the local/state law. In the case of revocation of a sign permit, the sign was abandoned for a period of thirty days.

(Ord. 20-2200, § 9, 2020; Ord. 17-2165, § 7, 2017; Ord. 16-2149, § 5, 2016; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011)