§ 8111-6

Any change that would not alter any of the required approval findings stated or referenced in Sections 81111.2.1.1 through 1.2.1.8 or Section 8111-1.2.2.2, nor any findings contained in the environmental document prepared for the entitlement, and would not have any adverse impact on surrounding properties, may be

deemed a permit or variance adjustment and acted upon by the Planning Director or designee without a hearing. Such changes may include, but are not limited to, the following:

a.

A cumulative increase or decrease of not more than ten (10) percent in gross floor area; permit area; the area of walls, fences, or similar structures used as screening; height; parking area; landscaping area; or total area of on-site identification signs; provided that any resulting increase in parking space requirements will be accommodated onsite or offsite as described in Section 8108-3.3.1.

b.

Internal remodeling or minor architectural changes or embellishments involving no change in basic architectural style.

c.

A change in use where the new use requires the same or a lesser permit than the existing use; or the establishment of a new use in an unoccupied building that has been granted a permit; provided, in both cases, that any resulting increase in parking space requirements will be accommodated onsite or offsite as described in Section 8108-3.3.1.

(Am. Ord. 4123—9/17/96; Am. Ord. 4144—7/22/97; Ord. No. 4407, § 8, 10-20-2009; Ord. No. 4470, § 5, 3-242015; Ord. No. 4639, § 9, 12-17-2024)

Any proposed change that exceeds the criteria of a Permit Adjustment as described above, but is not extensive enough to be considered a substantial or fundamental change in land use relative to the permit, would not have a substantial adverse impact on surrounding properties, and would not change any findings contained in the environmental document prepared for the permit, shall be deemed a minor modification and be acted upon by the Planning Director or the Planning Director's designee through an administrative public hearing process.

Any proposed modification which is considered to be a substantial change in land use relative to the original permit, and/or would alter the findings contained in the environmental document prepared for the permit, shall be deemed a major modification and be acted upon by the decision-making authority which approved the original permit.

Any ministerial or discretionary entitlement heretofore or hereafter granted may be modified or revoked, or its use suspended, by the same decision-making authority and procedure which would normally approve the entitlement under this Chapter. An application for such modification, suspension or revocation may be filed by any person or entity listed in Section 8111-2.2(c) or by any other aggrieved person. The applicant for such modification, suspension or revocation shall have the burden of proving one (1) or more of the following causes:

a.

That any term or condition of the entitlement has not been complied with;

b.

That the property subject to the entitlement, or any portion thereof, is or has been used or maintained in violation of any statute, ordinance, law or regulation;

c.

That the use for which the entitlement was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned;

d.

That the use for which the entitlement was granted has been so exercised as to constitute a public nuisance;

e.

That the permittee has failed to pay any fees, charges, fines, or penalties associated with processing or enforcing a violation associated with the entitlement; or

f.

That the permittee has failed to comply with any enforcement requirement established in Article 14 of this Chapter.

(Ord. No. 4526, § 4, 7-17-2018; Ord. No. 4639, § 9, 12-17-2024)

8111-6.2.1 - Modification for violations.

Whenever a violation of this Chapter or permit condition is determined to exist on a lot subject to a discretionary permit, the conditions of approval of said permit shall be automatically modified to include the following additional condition:

a.

The permittee shall be required to submit to the Planning Division, and thereafter maintain for the duration of the permit, a deposit equal to the applicable amount specified in the current Board-adopted Fee Schedule to cover the County's cost for periodic condition compliance reviews of the operation and site pursuant to Section 8114-3.4 of this Chapter.

A copy of the modified permit shall be provided to the permittee by the Planning Director or designee after the permittee has exhausted his or her administrative appeal remedies associated with the determination that a violation exists.

(Ord. No. 4639, § 9, 12-17-2024)

The failure of the Planning Director, Planning Commission or Board of Supervisors to revoke a variance or permit, or to suspend its use, whenever cause therefor exists or occurs, does not constitute a waiver of such right with respect to any subsequent cause for revocation or suspension of the use.

No person shall carry on any of the operations authorized to be performed under the terms and conditions of any ministerial or discretionary entitlement during any period of suspension thereof, or after the revocation thereof, or pending a judgement of court upon any application for writ taken to review the decision or order of the final appeal body in the County in suspending or revoking such entitlement; provided, however, that nothing herein contained shall be construed to prevent the performance of such operations as may be necessary in connection with a diligent and bona fide effort to cure and remedy the default, noncompliance or violation, for which a suspension of the permit was ordered by the applicable County entity, or such operations as may be required by other laws and regulations for the safety of persons and the protection and preservation of property.

(Ord. No. 4639, § 9, 12-17-2024)