Chapter 35.84 — POST APPROVAL PROCEDURES

This Chapter establishes procedures for depositing and releasing performance securities, revising approved or issued permits required by this Development Code and procedures for granting extensions of time.

A.

Deposit of financial assurances.

1.

As a condition of approval of a planning permit, the review authority may require the deposit of a financial assurance (aka security) in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval of a planning permit in the event that the obligor fails to perform.

2.

The financial assurance shall be in the form of cash, surety/performance bond, trust fund (assignment of credit, certificate of deposit, passbook), irrevocable letter of credit, or other mechanism approved by the County.

3.

The financial assurance shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Director.

B.

Payable to the County. Any financial assurance required in compliance with this Section shall be payable to the County.

C.

Satisfactory compliance. After satisfactory compliance with all applicable provisions of this Section, the financial assurance shall be released to the permittee.

D.

Failure to comply.

Upon failure to perform any secured condition, the County may perform the condition, or cause it to be done, and may collect from the obligor, and surety in case of a bond, all costs incurred, including administrative, engineering, legal, and inspection costs.

2.

Any unused portion of the financial assurance shall be refunded to the obligor after deduction of the cost of the work.

A.

Purpose and Intent. The purpose of this Section is to provide the procedures and findings for approval of Time Extensions that may be allowed in compliance with this Development Code.

B.

Applicability and filing. The provisions of this Section shall apply to all applications for Time Extensions. The application shall be submitted prior to the expiration of the permit that is the subject of the Time Extension request. However, final action by the County on the application may occur following the date that the permit would otherwise expire.

C.

Contents of application. An application for a Time Extension shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

D.

Processing.

1.

Conditional Use Permits and Minor Conditional Use Permits.

a.

Extension of permit approval. The review authority responsible for reviewing and making a decision on the Conditional Use Permit or Minor Conditional Use Permit in compliance with Table 8-1 (Review Authority) of Chapter 35.80 (Permit Application Filing and Processing) may extend the time limit in which the Land Use Permit or Zoning Clearance is required to be issued in compliance with Subsection 35.82.060.G.2 (Time limits and extensions) one time for good cause shown in compliance with the following:

(1)

After receipt of an application for a Time Extension the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

(2)

Notice of the application shall be given in compliance with Chapter 35.106 (Noticing and Public Hearings).

(3)

The review authority shall hold at least one noticed public hearing on the requested Time Extension, unless waived in compliance with Subsection D.7 (Waiver of public hearing) below, and approve, conditionally approve, or deny the request.

(4)

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

(5)

The action of the review authority is final subject to appeal in compliance with Chapter 35.102 (Appeals).

(6)

A Time Extension application shall be approved or conditionally approved only if the review authority first finds that applicable findings for approval required in compliance with Subsection 35.82.060.E (Findings required for approval of Conditional Use Permits other than Conditional Use Permit applications submitted in compliance with Chapter 35.38 (Sign Standards)) or Subsection 35.82.060.F (Findings required for approval of Conditional Use Permit applications submitted in compliance with Chapter 35.38 (Sign

Standards)) that were made in conjunction with the initial approval of the Conditional Use Permit or Minor Conditional Use Permit can still be made.

b.

Discontinuance of Use. The review authority may extend the time limit that a Conditional Use Permit would become void and automatically revoked due to discontinuance of use in compliance with Subsection 35.82.060.G.3 (Conditional Use Permit void) one time for good cause shown in compliance with the following:

(1)

After receipt of an application for a Time Extension the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

(2)

Notice of the application shall be given in compliance with Chapter 35.106 (Noticing and Public Hearings).

(3)

The review authority shall hold at least one noticed public hearing on the requested Time Extension and approve, conditionally approve or deny the request.

(4)

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

(5)

The action of the review authority is final subject to appeal in compliance with Chapter 35.102 (Appeals).

2.

Development Plans (Preliminary and Final).

a.

Extension of permit approval. The review authority responsible for reviewing and making a decision on the Development Plan in compliance with Table 8-1 (Review Authority) of Chapter 35.80 (Permit Application Filing and Processing) may extend the expiration of the approved or conditionally approved Development Plan one time for 12 additional months for good cause shown in compliance with the following:

(1)

After receipt of an application for a Time Extension the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

(2)

Except for applications for Time Extensions where the Director is the review authority, the review authority shall hold at least one noticed public hearing on the requested Time Extension, unless waived in compliance with Subsection D.7 (Waiver of public hearing), below, and approve, conditionally approve or deny the request.

(3)

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

(4)

The action of the review authority is final subject to appeal in compliance with Chapter 35.102 (Appeals).

(5)

A Time Extension application shall be approved or conditionally approved only if the review authority first finds that applicable findings for approval required in compliance with Subsection 35.82.080.E (Findings required for approval) that were made in conjunction with the initial approval of the Development Plan can still be made.

b.

Expiration. A Development Plan shall expire 12 months from the effective date of the extension or two years from the expiration date of the initial effective date of approval of the Development Plan, whichever occurs

first.

3.

Land Use Permits. The Director may extend the expiration of an approved or conditionally approved, and an issued, Land Use Permit one time for 12 additional months for good cause shown in compliance with the following:

a.

Notice of the application shall be given in compliance with Section 35.106.075 (Time Extensions Under the Jurisdiction of the Director).

b.

The Director may approve, conditionally approve or deny the request. A public hearing shall not be required.

c.

The action of the Director is final subject to appeal in compliance with Chapter 35.102 (Appeals).

d.

A Time Extension application shall be approved or conditionally approved only if the Director first finds that applicable findings for approval required in compliance with Subsection 35.82.110.E (Findings required for approval) that were made in conjunction with the initial approval of the Land Use Permit can still be made.

4.

Modifications. The Director may extend the approval of a Modification one time for 12 additional months for good cause shown in compliance with the following:

a.

After receipt of an application for a Time Extension the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

b.

Notice of the application shall be given in compliance with Section 35.106.075 (Time Extensions Under the Jurisdiction of the Director).

c.

The Director may approve, conditionally approve or deny the request. A public hearing shall not be required.

d.

The action of the Director is final subject to appeal in compliance with Chapter 35.102 (Appeals).

e.

A Time Extension application shall be approved or conditionally approved only if the Director first finds that the applicable findings for approval required in compliance with Subsection 35.82.130.E (Findings required for approval) that were made in conjunction with the initial approval of the Modification can still be made.

5.

Oil Drilling and Production Plan.

a.

Extension of permit approval. The review authority responsible for reviewing and making a decision on the Oil Drilling and Production Plan in compliance with Table 8-1 (Review Authority) of Chapter 35.80 (Permit Application Filing and Processing) may extend the expiration of the approved or conditionally approved Oil Drilling and Production Plan one time for 12 additional months for good cause shown in compliance with the following:

(1)

After receipt of an application for a Time Extension the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

(2)

Except for applications for Time Extensions where the Director is the review authority, the review authority shall hold at least one noticed public hearing on the requested Time Extension, unless waived in compliance with Subsection D.7 (Waiver of public hearing), below, and approve, conditionally approve or deny the request.

(3)

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

(4)

The action of the review authority is final subject to appeal in compliance with Chapter 35.102 (Appeals).

(5)

A Time Extension application shall be approved or conditionally approved only if the review authority first finds that applicable findings for approval required in compliance with Section 35.55.030 (Oil Drilling and Production - Findings for Oil Drilling and Production Plans) that were made in conjunction with the initial approval of the Oil Drilling and Production Plan can still be made.

b.

Expiration. An Oil Drilling and Production Plan shall expire 12 months from the effective date of the extension or two years from the expiration date of the initial effective date of approval of the Oil Drilling and

Production Plan, whichever occurs first.

6.

Zoning Clearances. The Director may extend the expiration of an issued Zoning Clearance one time for 12 additional months for good cause shown in compliance with the following:

a.

An application for a time extension shall be filed with the Department at least 30 days before the expiration of the Zoning Clearance that is the subject of the Time Extension request.

b.

The Director may approve, conditionally approve or deny the request. A public hearing shall not be required.

c.

Prior to an action by the Director to approve or conditionally approve the application, the Director shall first determine that the requirements for the issuance of a Zoning Clearance required in compliance with Subsection 35.82.210.D.1 (Review for compliance) are still met.

d.

The action of the Director is final and is not subject to appeal.

7.

Waiver of public hearing. The requirement for a public hearing may be waived by the Director in compliance with the following requirements:

a.

Notice that a public hearing shall be held upon request by any person is provided to all persons who would otherwise be required to be notified of a public hearing as well as any other persons known to be interested in receiving notice in compliance with Chapter 35.106 (Noticing and Public Hearings).

(1)

The notice shall include a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal any action taken on the Time Extension application.

b.

A written request for public hearing is not received by the Department within the 15 working days immediately following the date the notice in compliance with Subsection D.7.a, above, is mailed.

c.

If the requirement for a public hearing is waived, then the Director shall be the review authority for the Time Extension application.

d.

A listing of Time Extension applications for which a notice that the public hearing may be waived has been mailed shall be provided on the next available Commission's hearing agenda following the mailing of the notice.

8.

Time extensions due to hardship related to COVID-19. In addition to the Time Extensions provided in Subsection D.1 through Subsection D.6, above, the Director may for good cause extend the expiration of a planning permit for one additional 24 month period in compliance with the following:

a.

The Director has determined that a Time Extension is necessary due to a hardship resulting from COVID-19 and/or the associated economic downturn.

b.

The application for the Time Extension is filed with the Department in compliance with the following:

(1)

The application shall be filed in compliance with Section 35.80.030 (Application Preparation and Filing).

(2)

The application shall be filed prior to the expiration of the planning permit that is the subject of the Time Extension request and before October 31, 2024 or when the COVID-19 provisions (Sections 35.84.040.A.1, 35.84.030.D.8, 35.84.040.F, 35.101.020.B.4, and 35.108.090.C) are terminated earlier by ordinance amendment.

c.

Notice of the application shall be given in compliance with Section 35.106.075 (Time Extensions Under the Jurisdiction of the Director).

d.

A Time Extension application shall be approved only if the Director first finds that applicable determination or findings for approval required in compliance with Chapter 35.82 (Permit Review and Decision) that were made in conjunction with the initial approval of the planning permit for which the Time Extension is requested can still be made.

e.

The action of the Director is final and not subject to appeal.

E.

Effect of expiration. After the expiration of a planning permit no further work shall be done on the site until a new planning permit and any required Building Permit or other County permits are first obtained.

(Ord. No. 5180, § 1, 5-16-2023)

Development or a new land use authorized through a planning permit granted in compliance with this Development Code shall be established only as approved by the review authority and in compliance with any conditions of approval, except where a change to the project is approved in the following manner. A change may be requested before, during or after construction or establishment and operation of the approved land use.

A.

Contents of application. An application for a change to an approved or issued planning permit shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

1.

Temporary suspension of compliance with the project description and/or conditions of approval to an approved project necessary to protect public health and effectively limit the spread of COVID-19 and/or to support economic recovery from the impacts of COVID-19, as detailed in Subsection F (Temporary suspension of compliance with the project description and/or conditions of approval to an approved project necessary to protect public health and/or to support economic recovery from the impacts of COVID-19), below, do not require submittal of an application, but do require submittal of a checklist and additional materials.

a.

Prior to implementation of the temporary changes, the owner/applicant may, and is encouraged to, submit a completed checklist, revised site plan, photos, and description of proposal describing the temporary changes and how the requirements of Subsection 35.108.090.C.3 (Requirements) will be met.

b.

Within 30 days of implementing temporary changes to an approved project, the owner/applicant shall submit a completed checklist, revised site plan, photos, and description of proposal describing the temporary changes and how the requirements of Subsection 35.108.090.C.3 (Requirements) have been met.

B.

Minor changes to Land Use Permits and Zoning Clearances. Minor changes to an approved or issued Land Use Permit, or issued Zoning Clearance, may be allowed; provided, the changes substantially conform to the approved or issued permit or clearance. A request shall be processed in the following manner:

The Director may approve a minor change to an approved or issued Land Use Permit, or issued Zoning Clearance, subject to all of the following:

a.

The Director determines that the minor change substantially conforms to the approved plans and the originally approved or issued permit;

b.

There is no change in the use or scope of the development;

c.

The minor change does not result in a change to the Director's conclusions regarding the project's specific conformance to development standards and findings;

d.

The Land Use Permit or Zoning Clearance has not expired; and

e.

The minor change is exempt from Design Review in compliance with Section 35.82.070 (Design Review).

2.

Where a minor change of an approved or issued Land Use Permit, or issued Zoning Clearance, is approved, the permit or clearance shall have the same effective and expiration dates as the original permit or clearance and no additional public notice shall be required.

3.

Where it cannot be determined that the minor change materially conforms to an approved or issued Land Use Permit or issued Zoning Clearance in compliance with the above criteria, a new Land Use Permit or Zoning Clearance shall be required.

4.

The determination to allow a minor change to an approved or issued Land Use Permit, or issued Zoning Clearance, is final and not subject to appeal.

Note: Also refer to Appendix C (Guidelines for Minor Changes to Land Use Permits).

C.

Substantial Conformity Determinations. The Director may approve a minor change to an approved Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan, or Oil Drilling and Production Plan if the Director first determines, in compliance with the County's Substantial Conformity

Determination Guidelines (see Appendix F), that the change is in substantial conformity with the approved permit.

1.

Contents of application. An application for a Substantial Conformity Determination shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

2.

Processing.

a.

The Director shall review the application for the Substantial Conformity Determination for compliance with the Comprehensive Plan including any applicable community or area plan, this Development Code, and other applicable conditions and regulations, and approve, conditionally approve, or deny the request. A public hearing shall not be required before the Director takes action on the application for the Substantial Conformity Determination.

b.

The action of the Director is final and not subject to appeal.

c.

Notice of the application or pending decision on a Substantial Conformity Determination is not required.

3.

Land Use Permit required prior to commencement of development and/or use authorized by the Substantial Conformity Determination. Prior to the commencement of the development and/or use authorized by the Substantial Conformity Determination, the issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) shall be required.

a.

Findings. The Land Use Permit shall be approved only if the Director first finds, in addition to the findings normally required for a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits), that the development and/or use authorized by the Substantial Conformity Determination substantially conforms to the previously approved Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan, or Oil Drilling and Production Plan.

D.

Amendments. Where the Director is unable to determine that a requested change to an approved Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan, or Oil Drilling and Production Plan, is in substantial conformity with the approved permit in compliance with Subsection C, above, the Director may instead amend a Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan, or Oil Drilling and Production Plan in compliance with the following.

1.

Contents of application. An application for an Amendment shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

2.

Area under review. The location within the project site that the subject of the application for the Amendment:

a.

Was analyzed for potential environmental impacts and policy consistency as part of the processing of the approved permit and an Addendum to the previous environmental document could be prepared in compliance with the California Environmental Quality Act; or

b.

Was not analyzed for potential environmental impacts and policy consistency as part of the processing of the approved permit, but the proposed new development could be found exempt from environmental review in compliance with the California Environmental Quality Act.

3.

Processing.

a.

The Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

b.

The Department shall refer the application to the Board of Architectural Review and the Subdivision/Development Review Committee for review and recommendations to the review authority. This requirement may be waived by the Director if the Director determines that the requirement is unnecessary.

c.

Notice shall be given in compliance with Section 35.106.020 (Notice of Public Hearing and Review Authority Action).

d.

The Director shall review the application for the Amendment for compliance with the Comprehensive Plan including any applicable community and area plan, this Development Code, and other applicable conditions and regulations, and approve, conditionally approve, or deny the request. A public hearing shall not be required before the Director takes action on an application for an Amendment.

e.

The action of the Director is final subject to appeal in compliance with Chapter 35.102 (Appeals).

f.

Findings. An application for an Amendment shall be approved or conditionally approved only if the Director first makes all of the following findings:

(1)

That the findings required for approval of the Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan or Oil Drilling and Production Plan, including any environmental review findings made in compliance with the California Environmental Quality Act, that were previously made when the Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan or Oil Drilling and Production Plan was initially approved are still applicable to the project with the addition of the development proposed by the application for the Amendment.

(2)

That the environmental impacts related to the development proposed by the application for the Amendment are determined to be substantially the same or less than those identified during the processing of the previously approved Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan or Oil Drilling and Production Plan.

4.

Zoning Clearance required prior to commencement of development and/or use authorized by an Amendment. Prior to the commencement of the development and/or use authorized by the Amendment, the issuance of a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances) shall be required.

E.

Revisions.

1.

A revised Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan or Oil Drilling and Production Plan shall be required for changes to an approved permit where the findings identified in Subsection D. (Amendments) above cannot be made and substantial conformity cannot be determined in compliance with Subsection C (Substantial Conformity Determinations).

2.

A revised permit shall be processed in the same manner as a new Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan or Oil Drilling and Production Plan, in compliance with Chapter 35.53 (Permit Requirements and Plan Applications, Processing, and Review), Chapter 35.56 (Oil/Gas Land Uses - Abandonment and Removal Procedures), Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) or Section 35.82.080 (Development Plans), as applicable.

3.

The approval by the review authority of a revised Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan or Oil Drilling and Production Plan shall automatically supersede any previously approved Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan or Oil Drilling and Production Plan upon the effective date of the revised permit.

F.

Temporary suspension of compliance with the project description and/or conditions of approval to an approved project necessary to protect public health and/or to support economic recovery from the impacts of COVID-19. For the time period specified in Subsection 35.108.090.C.1 (Temporary time period), approval of a Minor Change, Substantial Conformity Determination, Amendment, or Revision is not required for temporary changes to an approved project related to the standards in Section 35.108.090.C.2, below, that are necessary to protect public health and effectively limit the spread of COVID-19, and/or to support economic recovery from the impacts of COVID-19, and that comply with the standards set forth in Section 35.108.090.C.3, below.

G.

Minor Changes to Land Use Permits for Commercial Cannabis Cultivation. Minor changes to an approved Land Use Permit for commercial cannabis cultivation (outdoor, mixed-light, indoor, and nursery) in the AGII, M-RP, M-1, and M-2 zones may be allowed. A request shall be processed in the following manner:

1.

The Director may approve a minor change to an approved Land Use Permit where the Director determines:

a.

The minor change is either environmentally beneficial (e.g., changes to improve the efficacy of odor control systems) or does not result in new, adverse environmental effects not analyzed or discussed at the time of project approval or in the need for additional mitigation measures;

b.

The minor change does not substantially deviate from the approved plans and the originally approved permit;

c.

There is no change in the use or scope of the development;

d.

The minor change does not result in a change to the Director's conclusions regarding the project's specific conformance to development standards and findings;

e.

The Land Use Permit has not expired; and

f.

The minor change is exempt from Design Review in compliance with Section 35.82.070 (Design Review).

2.

Where a minor change of an approved Land Use Permit is approved, the permit shall have the same effective and expiration dates as the original permit and no additional public notice shall be required.

3.

If the Director determines a proposed change to an approved Land Use Permit does not meet the above criteria, a new Conditional Use Permit shall be required.

4.

Determinations made pursuant to this subsection are not subject to Appendix C (Guidelines for Minor Changes to Land Use Permits) or Appendix F (Substantial Conformity Determination Guidelines).

5.

The determination to allow a minor change to an approved Land Use Permit for commercial cannabis cultivation is final and not subject to appeal.

(Ord. No. 5161, § 6, 8-16-2022)

An application shall not be accepted or acted upon if within the past 12 months an application has been made and denied by the County which covers substantially the same real property, and which requests approval of substantially the same project, unless the review authority allows the reapplication because of an express finding that one or more of the following factors applies:

A.

New evidence. New evidence potentially material to a revised decision is presented which was unavailable or unknown to the applicant at the previous hearing and which could not have been discovered in the exercise of reasonable diligence by the applicant.

B.

Substantial and permanent change of circumstances. There has been a substantial and permanent change of circumstances since the previous hearing which materially affects the applicant's real property.

C.

Mistake made at the previous hearing. A mistake was made at the previous hearing which was a material factor in the denial of the previous application.

This Section provides procedures for revocation or modification of issued Land Use Permits and Zoning Clearances and approved Conditional Use Permits and Minor Conditional Use Permits. The County's action to revoke a permit or approval shall have the effect of terminating the permit and denying the privileges granted by the original approval.

A.

Revocation of Land Use Permits and Zoning Clearances. Issuance of a Land Use Permit or Zoning Clearance is contingent upon compliance with all conditions imposed as part of the project approval and with all applicable provisions of this Development Code. If it is determined that development activity is occurring in violation of any or all such conditions or provisions, the Director may revoke the permit or clearance and all authorization for development.

1.

Notification. Written notice of such Revocation shall be provided to the permittee.

2.

Appeal. The action of the Director to revoke a Land Use Permit or Zoning Clearance is final subject to appeal in compliance with Chapter 35.102 (Appeals).

3.

Reapplication. An application for a use for which a permit has been revoked pursuant to Section 35.42.035.D.6 (Small-scale Special Events), Section 35.42.134 (Farmstays), and Section 35.42.240.E.1 (Campgrounds), shall not be accepted or acted upon within the 12 months following the date of revocation of the permit.

B.

Conditional Use Permits. If the review authority who approved the Conditional Use Permit or Minor Conditional Use Permit determines that the permittee is not in compliance with one or more of the conditions of an approved Conditional Use Permit or Minor Conditional Use Permit, the review authority may revoke the Conditional Use Permit or Minor Conditional Use Permit, or direct the permittee to apply for an Amendment or Revision, in compliance with Subsection 35.84.040.D (Amendments) or Subsection 35.84.040.E (Revisions).

1.

Procedures.

a.

The review authority shall hold at least one noticed public hearing prior to revoking the Conditional Use Permit or Minor Conditional Use Permit or directing the applicant to apply for an Amendment or Revision in compliance with the provisions of this Development Code.

b.

Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

c.

The action of the review authority is final subject to appeal in compliance with Chapter 35.102 (Appeals).

d.

Where the applicant has been directed to apply for an Amendment or Revision in compliance with Section 35.84.040 (Changes to an Approved Project) above, the review authority for the revocation shall also be the review authority for the required Amendment or Revision.

(Ord. No. 5226, § 15, 12-10-2024)

If the permit or other action in compliance with this Development Code is approved, the owner or applicant shall allow appropriate County officials access to the premises at all reasonable times in order to determine continued compliance with the approved permit and/or any conditions of approval imposed on the permit.