Diamond Bar Municipal Code Ch. 22.76 Revocations and Modifications

This chapter provides procedures for securing revocation or modification of previously approved applications, permits and entitlements.

(Ord. No. 02(1998), § 2, 11-3-98)

(a) Hearings and notice. The appropriate review authority shall hold a public hearing to revoke or modify an application, permit or entitlement granted in compliance with the provisions of this Development Code. Ten days before the public hearing (except for temporary use permits), notice shall be delivered in writing to the applicant and/or owner of the property for which the permit was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the county's current equalized assessment roll and to the project applicant, if not the owner of the subject property.

(b) Review authority action.

(1) Permit revocation or modification. A land use permit or entitlement may be revoked or modified by the review authority (e.g., director, hearing officer, commission, or council) which originally approved the permit or entitlement, or the equivalent city review authority, for permits or entitlements originally approved under the county's authority, if any one of the following findings can be made and/or in addition to the findings under (b)(2):

a. Circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made and/or the public health, safety and welfare require the revocation or modification;

b. The permit was obtained by misrepresentation or fraud;

c. The use or improvement authorized in compliance with the permit has not been established in a timely manner and a time extension is not warranted;

d. That one or more of the conditions of the permit have not been met or have been violated;

e. The use, structure or construction for which the permit was granted has ceased to exist or has been suspended for at least six months, as defined in section 22.68.050(a) (Loss of nonconforming status);

f. The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation or statute; or

g. The improvement/use allowed by the permit has become detrimental to the public health, safety or welfare, or the use operates in a manner which constitutes a nuisance.

(2) Minor variance or variance revocation/modification. A minor variance or variance may be revoked or modified by the review authority which originally approved the minor variance or variance, if any one of the following findings can be made, in addition to those outlined in subsection (b)(1), above:

a. Circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made, and the grantee has not substantially exercised the rights granted by the minor variance or variance; or

b. That one or more of the conditions of the minor variance or variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the minor variance or variance.

(Ord. No. 02(1998), § 2, 11-3-98)