Malibu Municipal Code § 13.24 Revocation

The grounds for revocation of a permit shall be:

A. Intentional inclusion of inaccurate, erroneous or incomplete information in connection with a coastal development permit application, where the City finds that accurate and complete information would have caused additional or different conditions on a permit or denial of an application;

B. Failure to comply with the noticing provisions of this Chapter where the views of the person(s) not notified were not otherwise made known to the City and could have caused the City to require additional or different conditions on a permit or deny an application.

Any person who did not have an opportunity to fully participate in the original permit proceedings because of the reasons stated in (2) above, may request revocation of a permit by application to the planning manager specifying, with particularity, the grounds for revocation. The planning manager shall review the stated grounds for revocation and, unless the request is patently frivolous and without merit, shall initiate revocation proceedings. The planning manager may initiate revocation proceedings on his or her own motion when the grounds for revocation have been established pursuant to the provisions of Section 13.24.1 of the Malibu LIP.

13.24.3 Suspension of Permit. Where the planning manager determines in accord with Section 13.24.1 of the Malibu LIP that grounds exist for revocation of a permit, the operation of the permit shall be automatically suspended until the Planning Commission votes to deny the request for revocation. The planning manager shall notify the permittee by mailing a copy of the request for revocation and a summary of the procedures set forth in this article, to the address shown in the permit application. The planning manager shall also advise the applicant in writing that any development undertaken during suspension of the permit may be in violation of the certified LCP and the California Coastal Act of 1976 and subject to the penalties set forth in Public Resources Code, Sections 30820 through 30823.

A. At the next regularly scheduled meeting, and after notice to the permittee and any persons the planning manager has reason to know would be interested in the permit or revocation, the planning manager shall report the request for revocation to the Planning Commission with a preliminary recommendation on the merits of the request.

B. The person requesting the revocation shall be afforded a reasonable time to present the request and the permittee shall be afforded a like time for rebuttal.

C. The Planning Commission shall ordinarily vote on the request at the same meeting, but the vote may be postponed to a subsequent meeting if the commission wishes the Manager to perform further investigation.

D. A permit may be revoked by a majority vote of the members of the Planning Commission present if it finds that any of the grounds specified in section 13.24.1 of the Malibu LIP exist. If the commission finds that the request for revocation was not filed with due diligence, it shall deny the request.

E. A Planning Commission action to revoke a coastal development permit may be appealed to the City Council pursuant to Section 13.20 of the Malibu LIP of this Chapter.