Mountain House Municipal Code Ch. 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)

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)