§ 17.168

This chapter provides procedures for securing necessary modification or revocation of previously approved permits or approvals.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

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.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

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, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect/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.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.168.040 - Findings to modify or revoke.

A.

Permits.

1.

A Conditional Use Permit, Administrative Use Permit, or other City planning permit or approval (except a Variance or Minor Modification, see Subsection B., below) may be modified or revoked by the review authority (e.g. Community Development Director, Planning Commission, or City Council) that originally approved the permit, if the review

authority first makes any one of the following findings:

a.

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 welfare require the modification or revocation;

b.

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;

c.

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 statute, ordinance, law or regulation;

d.

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

e.

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

B.

Variances and Minor Exceptions.

1.

A Variance or Minor Exception may be modified or revoked by the review authority which originally approved the Variance or Minor Exceptions, if the review authority first makes any one of the following findings, in addition to any one of the findings specified in Subsection A, above:

a.

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 Exceptions; or

b.

One or more of the conditions of the Variance or Minor Exception have not been met, or have been violated.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.168.050 - Hearing and notice required.

A.

Hearing.

1.

The appropriate review authority shall hold a public hearing to modify or revoke a permit or approval granted in compliance with the provisions of this Zoning Code. The hearing shall be noticed and conducted in compliance with Chapter 17.156 (Public Hearings and Administrative Review).

2.

Ten (10) days before the public hearing, notice shall be mailed or delivered to the applicant for the permit or approval being considered for modification or revocation, and/or owner of the 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.

1.

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, to the owner as shown on the County's current equalized assessment roll and to the project applicant, if not the owner of the subject property.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Article 7. - DEVELOPMENT FEES

Chapter 17.170 - GENERAL PROVISIONS