Chapter 18.190 - Revocations and Modifications

Sections:

18.190.010 - Purpose of Chapter
18.190.020 - Hearings and Notice
18.190.030 - Review Authority Action

18.190.010 - Purpose of Chapter

This Chapter provides procedures for securing revocation or modification of previously approved land use permits or entitlements.

18.190.020 - Hearings and Notice

A. Hearing required. The appropriate review authority shall hold a public hearing in order to revoke or modify any land use permit or entitlement granted in compliance with the provisions of this Development Code.

B. Mailing of notice. Twelve days before the public hearing (except for Temporary Use Permits), notice shall be mailed to the applicant and/or owner of the property for which the permit was granted.

C. Deemed delivered. Notice shall be deemed delivered two days after being mailed, certified mail postage paid, to the owner as shown on the equalized assessment roll of the County and/or to the project applicant, who is not the owner of the subject property.

18.190.030 - Review Authority Action

A. Permit revocation/modification. A land use permit or entitlement may be revoked or modified by the review authority (e.g., Zoning Administrator, Commission, or Council) that originally approved the permit, if any one of the following findings can be made:

1. Circumstances under which the permit or entitlement was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner and the public health, safety, and welfare require the revocation or modification;

2. The permit or entitlement was issued, in whole or in part, on the basis of a 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 entitlement;

3. The use or improvement authorized in compliance with the permit has not been exercised or commenced in a timely manner and a time extension is not warranted;

4. One or more of the conditions of the permit have not been met or have been violated;

5. The use or improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation, or statute;

6. The use or improvement authorized by the permit has become detrimental to the public health, safety, or welfare or the manner of their operation constitutes a nuisance; or

7. The use and/or on-site structure(s) are nonconforming and:

a. Have been discontinued for a period of 180 days or more; or

b. Have been destroyed or damaged, and the use and/or structure(s) cannot be repaired, rebuilt, or replaced in compliance with Chapter 18.130 (Nonconforming Uses, Structures, and Parcels).

B. Variance revocation/modification. A Variance may be revoked or modified by the review authority which originally approved the Variance, if any one of the following findings can be made, in addition to any one of the findings outlined in Subsection A., above:

1. Circumstances 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.