Chapter 24.570

PERMIT AMENDMENT, REVOCATION AND REEVALUATION PROCEDURE[5 ]

Sections:

• 24.570.010 Chapter description.

• 24.570.020 Application for amendment of a permit.

• 24.570.030 Review process and action by the director.

• 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.

5 Editor’s note(s): Section 79 of Ord. No. 2021-017, adopted December 13, 2021, amended Chapter 24.570 in its entirety to read as herein set out. Former Chapter 24.570 pertained to the same subject matter, consisted of Sections 24.570.010 through 24.570.120, and derived from the 1971 Code.

This chapter 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 entitlement or approval granted by a decision-making authority pursuant to this zoning ordinance. (Ord. No. 2021-017, § 79, 12-13-21)

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. (Ord. No. 2021-017, § 79, 12-13-21)

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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An application for an amendment shall be reviewed and acted upon by the director pursuant to Section 24.500.060. The intent of this regulation is to ensure that reasonable amendments are not unnecessarily delayed by requiring the original decision-making authority to act on said amendment. The director may route any amendment to the design review committee or historic preservation committee for a recommendation. Amendments that result in major changes to a project acted on by the planning commission or city council shall be referred to the planning commission or city council, as applicable, for Ynal action. (Ord. No. 2021-017, § 79, 12-13-21)

A. The director is authorized to grant director’s permits for minor changes in accordance with Chapter 24.505 to variances, use permits, planned development permits, and similar actions granted by the city council, the planning commission or the director. 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 decision-making authority 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 actions by the decision-making authority on a project are violated, abridged, waived, or nulliYed in any meaningful manner. Such alterations may include, but are not limited to, structural additions in square footage, lot coverage or any dimension of a structure.

• B. Approval of a director’s permit for a minor change may be granted only if the director determines that:

  1. The proposed minor change does not cause the project to be inconsistent with the Yndings for approval from the original approval.

  2. The proposed minor change does not make a signiYcant alteration to the project.

  3. The proposed project conforms to the general plan, any applicable speciYc plan or development code, and the purposes and requirements of this zoning ordinance.

  4. The basic policies for minor changes described in subsection A of this section are met. (Ord. No. 2021-017, § 79, 12-13-21)

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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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.

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

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

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

3. 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.

B. Initiation of Action. An action to revoke or reevaluate a permit granted pursuant to this zoning ordinance may be initiated by the director, the decision-making authority with the authority to grant the permit as of January 12, 2022, or the city council.

C. Hearing Body. The city council or other decision-making authority with the authority to grant the permit as of January 12, 2022, 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.

D. 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 sta] reports, objections or protests relative to the existence of such violations of required conditions, recommendations proposed by sta], 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.

E. 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 Ynding 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 Ynd that the permit should not be revoked or reevaluated.

F. Appeal. A decision of the hearing body in the revocation or reevaluation of a permit may be appealed to the city council pursuant to Chapter 24.565. (Ord. No. 2021-017, § 79, 12-13-21)

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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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 Ynal judgment of a court of competent jurisdiction declares one or more of such conditions to be invalid, void or otherwise ine]ective, or enjoins or otherwise prohibits the enforcement or operation of one or more of such conditions. (Ord. No. 2021-017, § 79, 12-13-21)