Chapter 24.570 — PERMIT AMENDMENT, REVOCATION AND REEVALUATION PROCEDURE

Sections:

• 24.570.010 Chapter Description.

• 24.570.020 Application for Amendment of a Permit.

• 24.570.030 Conditions of Amendment Approval.

• 24.570.040 Action by Decision-Making Authority.

• 24.570.050 Appeals.

• 24.570.060 Written Acknowledgment Required.

• 24.570.070 Expiration.

• 24.570.080 Failure to Comply With Conditions.

• 24.570.090 Minor Changes in Lieu of Amendment.

• 24.570.100 Revocation or Reevaluation of a Permit for Cause.

• 24.570.110 Additional Grounds for Reevaluation of a Permit.

• 24.570.120 Appeals.

Chapter 24.570 establishes the permit amendment and revocation procedure to provide a process for the amendment, revocation or reevaluation of a permit. For purposes of this chapter, “permit” means any

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 464 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

discretionary permit or other discretionary approval, including, without limitation, any variance, granted by a decision-making authority pursuant to this zoning ordinance. (Code 1971, § 15.870.010)

Any person holding a valid permit granted under this zoning ordinance may apply for an amendment to such permit by following the same procedure required for the initial application for the permit. For the purpose of this section, the amendment of a permit may include revision of the terms of the permit itself or the waiver or revision of conditions imposed on the granting of the permit. (Code 1971, § 15.870.020)

The decision-making authority, in approving an application for an amendment to a permit, may impose such conditions that it deems necessary or desirable to insure that the project or use authorized by such amendment to a permit will be established, operated, and maintained in accordance with the required findings and all other requirements of this zoning ordinance, this Code, and other provisions of law. The decision-making authority may further require reasonable guarantees and evidence that such conditions are being, or will be, complied with. Such conditions imposed by the decision-making authority may involve any factors affecting the establishment, operation, or maintenance of the proposed project or use. (Code 1971, § 15.870.030)

A. Granting a Permit Amendment. The decision-making authority may grant the amendment to a permit and impose such conditions in connection with the approval of such amendment as it deems necessary or desirable.

B. Continuances. The decision-making authority may continue consideration of an application for any such amendment to a permit for a period specified by the decision-making authority.

C. Denial of a Permit Amendment. The decision-making authority may deny the application for the amendment upon finding that the proposed project or use, or any component thereof, does not, or may not, comply with the requirements of this chapter, or that one or more of the findings required by this zoning ordinance cannot be made, or that the proposed project or use, or any component thereof is otherwise not consistent with the purposes of this zoning ordinance as set forth in section 24.105.030.

D. Referral for Chances. If the decision-making authority determines that it would approve an amendment to a permit but for slight changes in the proposed project or use, it may refer the application back to the director for resolving such changes with the applicant before it again reviews and considers the application for the amendment.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 465 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

E. Effect of Denial. An application for any such amendment to a permit that is denied may not be refiled within one year after the date of denial by the decision-making authority if the refiled application indicates the proposed project or use is the same or substantially the same. All applications for such amendments that are refiled after being denied shall be accompanied by the prescribed filing fee. (Code 1971, § 15.870.040)

A decision regarding an application for an amendment to a permit may be appealed to the city council as provided by chapter 24.565. (Code 1971, § 15.870.050)

Within the time period specified in the conditions of approval of the amendment to the permit, the applicant shall file with the director a written acknowledgment of the terms and conditions of the permit amendment. (Code 1971, § 15.870.060)

An amendment to a permit shall expire by operation of law without any further action by the decision-making authority if the project or use authorized by such amendment is not commenced or diligently pursued on or before the time limit specified in such amendment, or if no time is specified, on or before one year after the date such amendment was approved. The director may, pursuant to chapter 24.505, grant no more than one administrative extension of such time limit if the approved plans have not changed and if there has been no substantial change in the circumstances of the surrounding vicinity. Additionally, the planning commission may extend such time limit, for a good cause, before its expiration, through the permit amendment process pursuant to this chapter. (Code 1971, § 15.870.070)

Failure to comply with any terms or conditions of the amendment to a permit is a violation of this zoning ordinance subject to the enforcement provisions prescribed by chapter 24.580 and any and all other penalties and remedies that may be provided by law. An amendment to a permit may be revoked or reevaluated as provided by this chapter. (Code 1971, § 15.870.080)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 466 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

The director is authorized to grant minor changes in accordance with chapter 24.505 to variances, use permits, planned development permits, and similar actions granted by the planning commission and for actions taken by the design review committee. The basic policies to be followed in granting minor changes shall be as follows:

1. Meaning or Intent. The meaning or intent of an express condition or the purpose or intent of an action by the planning commission, design review committee, or city council shall not be altered.

2. Site or Structural Alterations. Site or structural alterations or additions may be permitted as may be deemed appropriate by the director as long as no permit conditions or other requirements of this zoning ordinance or applicable planning commission, design review committee, and city council actions on a project are violated, abridged, waived, or nullified. Such alterations may include structural additions not exceeding ten percent of the structural square footage previously approved by the planning commission, design review committee, or city council action. (Code 1971, § 15.870.090)

Any permit granted pursuant to this zoning ordinance may be revoked or reevaluated pursuant to this section. For purposes of this section, the reevaluation of a permit may include the amendment of the terms of the permit itself or the waiver or amendment of previously imposed conditions, or imposition of new conditions, to the permit.

1. Grounds for Revocation or Reevaluation. A permit granted pursuant to this zoning ordinance may be revoked or reevaluated pursuant to this section upon a finding of any one or more of the following grounds:

   • a. That such permit was obtained or extended by fraud, misrepresentation of any material fact, or any material factual error or omission;

   • b. That one or more of the conditions imposed on the granting of such permit have not been complied with; or

   • c. That the use or development for which the permit was granted is being conducted, operated, or maintained in a manner detrimental to the public health or safety or in a manner that otherwise constitutes a nuisance.

2. Initiation of Action. An action to revoke or reevaluate a permit granted pursuant to this zoning ordinance may be initiated by either:

   • a. The decision-making authority which initially granted or amended the permit pursuant to this zoning ordinance, on its own motion or at the recommendation of any city officer; or

   • b. The city council for any permit granted pursuant to this zoning ordinance by any city decision-making authority.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 467 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

3. Hearing Body. The city council or other decision-making authority which granted the permit shall hold an evidentiary hearing regarding the proposed revocation or reevaluation of the permit. Any such hearing shall be scheduled and noticed as required by chapter 24.560.

4. Hearing Rules. The city council, or other decision-making authority acting as the hearing body, may hear and consider evidence, including, but not limited to, applicable staff reports, objections or protests relative to the existence of such violations of required conditions, recommendations proposed by staff, and evidence presented by the holder of the permit. Such hearings may be continued if so warranted, and action by the hearing body continued following closed public hearings. Any decision-making authority that may function as a hearing body pursuant to this section may establish supplemental rules of procedure for conducting revocation or reevaluation hearings.

5. Hearing Body Action. Upon the conclusion of the public hearing, the hearing body may, on the basis of the evidence presented at the hearing, and upon finding that any one or more of the grounds listed in this section exist, revoke or reevaluate the permit as provided in this section. Alternatively, the hearing body may find that the permit should not be revoked or reevaluated. (Code 1971, § 15.870.100)

In addition to the grounds cited in section 24.570.100 for reevaluation of a permit, if any permit is granted or amended subject to one or more conditions, such permit or other approval shall be subject to reevaluation pursuant to section 24.570.100, notwithstanding any other provisions of this zoning ordinance to the contrary, if the final judgment of a court of competent jurisdiction declares one or more of such conditions to be invalid, void or otherwise ineffective, or enjoins or otherwise prohibits the enforcement or operation of one or more of such conditions. (Code 1971, § 15.870.110)

A decision of the hearing body made pursuant to section 24.570.100 may be appealed pursuant to chapter 24.565 (Code 1971, § 15.870.120)