Chapter 20.630 — PERMIT MODIFICATIONS AND REVOCATIONS

This Chapter provides procedures for securing punitive modification or revocation of previously approved permits or approvals. (Ord. 1017, 2013)

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. 1017, 2013)

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. 1017, 2013)

• A. Hearing required.

  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.

  2. The hearing shall be noticed and conducted in compliance with Chapter 20.625 (Public Hearings).

• B. Notice.

  1. At least ten days before the public hearing, written notice shall be mailed or delivered to the applicant for the permit or approval being considered for modification or revocation, and the owner of the property for which the permit or approval was granted.

  2. 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.

3. Notice shall be deemed delivered two days after being mailed, certified and first class, through the United States Postal Service, postage paid, 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. 1017, 2013)

• A. Permits. A Conditional Use Permit or other City planning permit or approval (except a Variance, see Subsection B., below) may be modified or revoked by the review authority (e.g., Director, Commission, or Council) that originally approved the permit, if the review authority first makes any one of the following findings:

  1. 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;

  2. 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;

  3. One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated;

  4. The approved use or structure, except those approved under a Conditional Use Permit and Minor Use Permit, was not commenced within the time period specified in the approval, permit, or this Zoning Code;

  5. The approved use or structure has ceased to exist or has been suspended for a period of at least 180 days;

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

  7. 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. A Variance (major or minor) may be modified or revoked by the review authority which originally approved the Variance, 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:

  1. 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

2. One or more of the conditions of the Variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the Variance.

(Ord. 1017, 2013)