Chapter 7 — REVOCATION PROCEDURE

The intent of this Chapter is to provide a process whereby the City can take action to revoke or modify, for cause, any development approval granted under this Title. A change to a development approval requested by the permit holder shall be processed pursuant to Chapter 6 of Division 2, Alteration Procedure.

(Ord. 2024-18, § 1(Exh. A), 2024)

A development approval that has been granted or modified subject to one (1) or more conditions, shall cease to be valid, and all rights or privileges that were granted shall lapse, even if other provisions in the Title are to the contrary, if any final judgment of a court of competent jurisdiction declares that one (1) or more of the conditions are void or ineffective, or if the enforcement or operation of one (1) or more of the conditions are enjoined or otherwise prohibited.

(Ord. 2024-18, § 1(Exh. A), 2024)

Actions to revoke or modify development approvals may be initiated as follows:

(a)

By Planning Commission. The Planning Commission may initiate an action to revoke or modify any development approval which it has granted, extended, or modified;

(b)

By City Council. The City Council may initiate an action to revoke or modify any development approval. Action by the Planning Commission shall not be a prerequisite to action by the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-2-704 - Grounds for Revocation or Modification.

A development approval may be revoked or modified pursuant to the provisions of this Chapter upon a finding of any one (1) or more of the following grounds:

(a)

Fraud. That such development approval was obtained or extended by fraud;

(b)

Violation of Condition. That one (1) or more of the conditions upon which such development approval was granted have been violated; or

(c)

Adverse Impacts. That the use or facility for which the development approval was granted is so conducted or maintained as to be detrimental to the public health or safety, or as to be a public nuisance.

(Ord. 2024-18, § 1(Exh. A), 2024)

All actions to reduce or modify development approvals initiated under the provisions of this Chapter shall be conducted pursuant to the Public Hearing Review Procedure set forth in Chapter 5 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

Upon the conclusion of the public hearing, the Planning Commission or City Council may, on the basis of the evidence presented at the hearing, make a finding on any one or more of the grounds listed in Section 9-2-704 and take action to revoke or modify the development application. Decisions of the Planning Commission shall be final unless appealed to the City Council pursuant to Chapter 5 of Division 2. Decisions of the City Council shall be final.

(Ord. 2024-18, § 1(Exh. A), 2024)

The County's right to revoke a development approval, as provided by this Chapter, shall be cumulative to any other remedy allowed by law.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 8. - NONCONFORMITY PROVISIONS

The intent of this Chapter is to regulate structures and uses which were legal when brought into existence, but which no longer comply with the provisions of this Title. The additional intent of this Chapter is to permit those nonconformities to continue until they are removed or required to be terminated, but not to encourage their continuance.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-2-802 - Finding of Incompatibility.

Nonconforming uses and structures are declared to be incompatible with permitted uses, structures, and standards in the zones involved. They shall not be enlarged upon, expanded, extended, or replaced, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone, except as expressly permitted in this Chapter.

(Ord. 2024-18, § 1(Exh. A), 2024)

A nonconforming use shall be subject to the provisions of this Section.

(a)

Continuation. A nonconforming use may be continued as long as it remains otherwise lawful, subject to the following provisions:

(1)

If the nonconforming use is not conducted within a structure but on land only, such use shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied on the effective date

of this Chapter;

(2)

If the nonconforming use is conducted wholly or partially within a structure, the structure devoted to the nonconforming use may be enlarged, extended, or remodeled, subject to Site Approval; and

(3)

If the nonconforming use is superseded by a conforming use, or if the nonconforming use ceases for any reason for a period of more than twelve (12) consecutive calendar months, any subsequent use shall conform to the requirements of this Title for the zone in which it is located and the nonconforming use may not thereafter be resumed.

(b)

Adding New Uses. When a nonconforming use exists on any lot, no new use shall be established or built on such lot unless the new use conforms to the requirements of this Title for the zone in which the lot is located.

(c)

Change to Another Nonconforming Use. A nonconforming use not conducted within a structure but on land only, shall not be changed to another nonconforming use. A nonconforming use conducted at least partially within a structure may be changed to another nonconforming use within said structure, subject to the following:

(1)

If the nonconforming use is changed to another use classified within the same use type and the Director determines that additional off-street parking and loading space is not needed by said change, no development application shall be required.

(2)

A Site Approval pursuant to the procedures set forth in Chapter 9 of Division 8 shall be required for all changes other than those described in Subsection (c)(1) above.

(3)

A change shall be allowed only if the Review Authority finds that the proposed use is less detrimental to, or will have no greater impact in, the zone than the existing nonconforming use. In permitting such change, the Review Authority may require conditions and safeguards and an amortization period for the new use.

(4)

When a nonconforming use is replaced by a less detrimental nonconforming use, the occupancy may not thereafter revert to a more detrimental use.

(d)

Replacement of a Structure Occupied by a Nonconforming Use. A building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake, or other calamity or natural disaster or the public enemy, may be restored, and the occupancy or use of such building, structure, or part thereof to the extent that it existed at the time of such damage or destruction, may be continued or resumed, provided that such restoration is started within a period of one (1) year and is diligently pursued to completion. All restored structures must meet the requirements of Chapter 2 of Division 16, Flood Hazards.

(Ord. 2024-18, § 1(Exh. A), 2024)

A nonconforming structure shall be subject to the provisions of this Section.

(a)

Continuation. A nonconforming structure may be continued as long as it remains otherwise lawful, subject to the following provisions:

(1)

Such structure may be remodeled or repaired, provided such action does not increase its nonconformity;

(2)

Such structure may be added to or enlarged within the yard setback area provided such additions do not increase such nonconformity and provided the expansion does not increase the linear measurement of the portion of the building within the setback area by more than one hundred percent (100%). Expansions greater than one hundred percent (100%) require an approved Site Approval;

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the reg zone in which it is located.

(b)

Adding New Structures. When a nonconforming structure exists on any lot, no new structure shall be established or built on such land unless the new structure conforms to the requirements of this Title for the zone in which the lot is located.

(c)

Replacement of Nonconforming Structure. Should a nonconforming structure be destroyed or damaged by fire, flood, wind, earthquake, or other calamity or natural disaster or the public enemy, it may be restored to the extent to which it existed at the time of the damage or destruction, provided that such restoration is started within a period of one (1) year and is diligently pursued to completion. All restored structures must meet the requirements of Chapter 2 of Division 16, Flood Hazards.

(Ord. 2024-18, § 1(Exh. A), 2024)

Notwithstanding any other provision of this Chapter, a building, structure, or site which is listed on the National Register of Historic Places or is registered as a State Historical Landmark or Point of Historical Interest shall be allowed to continue to exist and be repaired, restored, or reconstructed as long as it complies with federal and state regulations and statutes regarding historic buildings, structures, or sites.

(Ord. 2024-18, § 1(Exh. A), 2024)

Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any County or State official charged with protecting the public health or safety, upon order of such official.

(Ord. 2024-18, § 1(Exh. A), 2024)

A use that was established without obtaining required permits shall be deemed a nonconforming use only if all of the following conditions are satisfied:

(a)

Ordinance Requirements. The use shall comply with all applicable ordinance requirements that would have been required at the time the use was established.

(1)

The County shall consider such ordinance requirements as minimum requirements.

(2)

If the City determines that said ordinance requirements are not adequate to protect public health, safety, and welfare, the City may impose additional requirements for this purpose as specified in this Title.

(b)

Permits. The following permits shall be required:

(1)

A Site Approval or other discretionary application shall be required for the use.

(2)

Other permits that normally would have been required at the time the use was established shall be obtained.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 9. - FEES

The intent of this Chapter is to establish fees necessary to offset the City's cost to administer applications required by this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

The City Council shall, by Resolution, adopt a fee schedule for the development applications required by this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

Fees shall be required, pursuant to this Chapter, of a municipal corporation, the State of California, political subdivisions of the State of California, or the United States of America.

(Ord. 2024-18, § 1(Exh. A), 2024)

All fees shall be nonrefundable except:

(a)

Lack of Jurisdiction. Where the City does not have jurisdiction to act on an application, a one hundred percent (100%) refund shall be given; or

(b)

Lack of Notification. Where notification of the project is required and such notification has not been served, a refund, not to exceed fifty percent (50%), may be given.

(Ord. 2024-18, § 1(Exh. A), 2024)

The fee required for a Preapplication Conference for Mountain House development applications shall be a separate fee, paid in addition to the fee required for the parent application.

(Ord. 2024-18, § 1(Exh. A), 2024)

The fee required for a Notice of Preparation shall be deducted from the Environmental Impact Report Fee.

(Ord. 2024-18, § 1(Exh. A), 2024)

The fee required for a Specific Plan, Environmental Impact Report, or Monitoring and Reporting Plan may be paid by means of a schedule of payments agreed to by the Director and the applicant.

(Ord. 2024-18, § 1(Exh. A), 2024)

In addition to the fees specified in this code, the following penalty fees shall be required for projects subject to enforcement proceedings:

(a)

Whenever an application is made to correct a violation where a citation has been issued, or two (2) weeks notice has been given, the cost of the application shall be two (2) times the application fee normally charged for the application, up to a maximum of five hundred dollars ($500) over the application fee normally charged.

(b)

Whenever a change of use or occupancy occurs within eighteen (18) months of its approval, and subsequent approval(s) as required by this Code have not been obtained, fees shall be nine (9) times the application fee(s) normally required to bring the use or occupancy into compliance with this Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

Whenever more than one (1) legislative application type is required for a single project and the applications are processed concurrently, the total fee shall be the sum of the most expensive project application type plus one-half (½) the required fee(s) for any remaining project application type(s).

(Ord. 2024-18, § 1(Exh. A), 2024)

At the discretion of the Director of Community Development Department or Director of Public Works, the fee for a project application may be based on the actual County cost of processing the application. The decision to use actual cost of processing shall be based on the extraordinary amount of staff time estimated to process the application. The decision must be made within thirty (30) business days after the application is declared complete. Actual cost shall include employee salaries and benefits, overhead, and materials.

(Ord. 2024-18, § 1(Exh. A), 2024)

The County may use professional services as follows:

(a)

When special expertise is required,

(b)

To relieve workload peaks,

(c)

At the request of an applicant, or

(d)

For any other reason deemed appropriate by the Director.

The consultant shall be selected by the Director with the applicant being responsible for the cost of the professional services plus an administrative fee as set by resolution by the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

At the discretion of the Director, an application that has been withdrawn may be reinitiated with no fee requirements if the following requirements are met:

(a)

Substantially Same. The new application is substantially the same as the withdrawn application;

(b)

Processing. Processing of the new application will generally proceed from the point the withdrawn application stopped;

(c)

Elapsed Time. Less than eighteen (18) months have elapsed since the application was withdrawn; and

(d)

Consistency. The application is consistent with current provisions of this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

The application processing fee for any permit required to enable an existing use to become a nonconforming use shall be the fee in effect at the time the application is filed plus fifteen percent (15%) of said fee.

(Ord. 2024-18, § 1(Exh. A), 2024)