Chapter 18.112 — Permit Modifications and Revocations

Sections:

18.112.010 – Purpose and Intent 18.112.020 – Modifications 18.112.030 – Revocations 18.112.040 – Findings to Modify or Revoke 18.112.050 – Notice and Hearing Required 18.112.060 – Appeals

This chapter provides procedures for City-initiated modification or revocation of previously approved permits or approvals.

The City’s action to modify a permit or approval, instead of revocation, may include conditioning any operational aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, landscaping and maintenance, outdoor lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect or condition determined to be reasonable and necessary to ensure that the permit or approval is operated in a manner consistent with the original findings for approval.

The City’s action to revoke a permit or approval, instead of modification, shall have the effect of terminating the permit or approval and denying the privileges granted by the original approval.

• A. Permits. An Administrative Use Permit, Conditional Use Permit, or other City planning permit or approval, except a Variance or Minor Variance, may be modified or revoked by the Review Authority that originally approved the permit, if the Review Authority makes any one of the following findings:

  1. Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and general welfare require the modification or revocation;

  2. The permit or other approval was granted, in whole or in part, on the basis of a fraud, misrepresentation, or omission of a material statement in the application, or in the applicant’s testimony presented during the public hearing, for the permit or approval;

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Permit Modifications and Revocations

3. One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated and/or the permit is in violation of any code, law, ordinance, regulation, or statute;

4. The approved use or structure has not been exercised within 12 months of the date of approval;

5. The approved use or structure has ceased to exist or has been suspended for a period in excess of 180 days.

6. An improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute; or

7. The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or general welfare or the manner of operation constitutes or is creating a nuisance.

• B. Variances and Minor Variances. A Variance or Minor Variance may be modified or revoked by the Review Authority which originally approved the Variance or Minor Variance, if the Review Authority makes any one of the following findings, in addition to any one of the findings specified above:

  1. Circumstances under which the original approval was granted 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 in a positive manner, and the grantee has not substantially exercised the rights granted by the Variance or Minor Variance; or

  2. One or more of the conditions of the Variance or Minor Variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the Variance or Minor Variance.

• A. Hearing.

  1. The appropriate Review Authority shall hold a noticed public hearing to modify or revoke a permit or approval granted. .

  2. At least 10 days before the public hearing, notice shall be mailed or delivered to the owner as shown on the County's latest equalized assessment roll and to the project applicant, if not the owner of the subject property, for which the permit or approval was granted. The only exception to the 10-day notice provision shall be for Temporary Use Permits which, because of their short term nature, shall only require a 24-hour notice.

• B. Mailing of Notice. Notice shall be deemed delivered two days after being mailed through the United States Postal Service, postage paid, or by some other method providing for proof of delivery.

• A. The decision of the Director may be appealed to the Commission and the decision of the Commission may be appealed to the Council. The decision of the Council shall be final.

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• B. A noticed public hearing shall be required for the appeal of a decision to modify or revoke a permit or approval.

• C. At the conclusion of the hearing, the Review Authority may sustain the prior Review Authority’s decision to modify or revoke the permit or approval, or overturn the decision and order reinstatement of the permit or approval.

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