Chapter 17.44 — PERMIT USE, MODIFICATION, REVOCATION AND TERMINATION

A. The initial expiration date of a permit or other approval under this Title shall be one year from the effective date of that approval, unless a different date is specified in writing at the time of the initial approval. B. Any extension request shall be submitted in writing prior to the expiration of an approval, but no more than two months prior to that expiration. C. The City may approve an extension request only under the following conditions: 1. The City regulations and standards relevant to the approval have not changed in any material way since the time of the approval; and 2. There have been no material changes in the existing conditions at and around the project site since the time of the approval. As used above, the term "material" refers to changes that could result in the denial of the permit and/or imposition of new or different conditions in connection with approval if the permit were considered anew. D. The expiration date of an approval may be extended for a maximum of one year by the Planning Director. Thereafter, any additional extension(s) must be considered by the Planning Commission, following a noticed public hearing. E. Expired approvals cannot be relied on for any purpose. F. A fee may be required for processing of an extension request consistent with the City Council adopted fee schedule. (Ord. 02-03 § 32: Ord. 99-5 § 2 Exh. A (part)) (Ord. No. 15-02, § 2(Exh. A), 11-20-15)

If a use is established under a use permit under Title 17 and the use is discontinued for any reason for a period of six months or more, the permit becomes void and the use may not be resumed unless a new use permit is obtained. (Ord. 99-5 § 2 Exh. A (part))

Editor's note— Ord. No. 15-02, § 2(Exh. A), adopted Nov. 20, 2015, deleted § 17.44.3 entitled "Extension of initial period for use permit or other approval", which derived from Ord. 99-5 § 2 Exh. A (part).

A new permit is required for a change in the scope, nature or operation of an existing use for which a permit was approved, a change in a condition of approval of a permit or other approval or a change to development plans that would affect a condition of approval, unless the original conditions of approval for the project provide otherwise. (Ord. 99-5 § 2 Exh. A (part))

A permit obtained under this title may be revoked or amended by the approving body based on any one or more of the following grounds: A. The operation of the use violates this title or any other provision of the Orinda Municipal Code, state or federal law; B. The operation of the use violates a term, limitation or condition of the permit; or C. The operation of the use causes or allows a nuisance or is otherwise detrimental to the public health, safety or general welfare. (Ord. 99-5 § 2 Exh. A (part))

A. If the Zoning Administrator finds that evidence exists that an outstanding permit or approval should be modified or revoked, the Zoning Administrator shall set the matter for hearing by the Planning Commission and shall give notice to the permittee and the public in the same manner as prescribed for the original application. B.

The public hearing shall be conducted in the same manner as an original application. The city has the burden of proving the grounds for revocation, and findings shall be made in support of any action to revoke a previous approval. If the Planning Commission finds that grounds for revocation exist, it may revoke the use permit or other approval, or it may impose new conditions to allow its continuance in a manner which assures that issues related to the revocation proceeding are adequately addressed. C. An order revoking, modifying or declining to modify or revoke a permit or approval may be appealed to the City Council in accordance with the provisions of Chapter 17.43 of this title. (Ord. 99-5 § 2 Exh. A (part))