This chapter is intended to provide procedures for securing
revocation or modification of previously approved applications, permits,
and entitlements.
(Prior code § 16-470.010)
A. Revocations. The City's action to revoke a permit or entitlement,
shall have the effect of terminating the permit or entitlement and
denying the privileges granted by the original approval. A new application
for the same or similar use shall not be filed within 12 months of
the revocation being final.
B. Modifications.
1. The City's action to modify a permit or entitlement, rather than
to revoke it, shall have the effect of changing the operational aspects
of the permit or entitlement.
2. The changes may include operational aspects (e.g., buffers, duration
of the permit or entitlement, hours of operation, landscaping and
maintenance, lighting, parking, performance guarantees, property maintenance,
signs, surfacing, traffic circulation, etc.) and any other aspects
that caused the permit or entitlement to be considered for revocation
or modification in compliance with this chapter.
(Prior code § 16-470.020)
A. Hearings and Notice.
1. Review. An application, permit, or entitlement may by
revoked or modified by the applicable Review Authority utilizing the
same procedure used to approve an application, permit, or entitlement
granted in compliance with the provisions of this Development Code.
2. Notice. 10 days before the revocation/modification process
begins, notice shall be:
a. Delivered in writing, via certified mail, return receipt requested
to:
i. The owner of the property for which the permit or entitlement was
granted, as shown on the County's latest equalized assessment roll;
and/or
ii. The project applicant, if not the owner of the subject property;
and/or
iii.
The responsible party, if not the owner of the subject property.
b. Mailed to all owners of real property as shown on the County's latest
equalized assessment roll within a radius of 300 feet of the exterior
boundaries of the parcel involved in the application.
3. Public Hearing. A public hearing shall be conducted in compliance with Chapter
16.88 (Review Procedures) following the review procedure for the application, permit, or entitlement.
B. Review Authority Action.
1. Permits and Entitlements.
a. Revocation and/or Modification. A land use permit or
entitlement may be revoked or modified by the Review Authority that
originally approved the permit or entitlement, or the equivalent City
Review Authority, for permits or entitlements originally approved
under the County's authority, if any one of the following findings
of fact can be made in a positive manner:
i. 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;
ii. 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;
iii.
One or more of the conditions of the permit have not been substantially
fulfilled or have been violated;
iv. The improvement authorized in compliance with the permit is in violation
of a code, law, ordinance, regulation, or statute;
v. The improvement/use allowed by the permit or entitlement has become
detrimental to the public health, safety, or welfare or the manner
of operation constitutes or is creating a nuisance; or
vi. There is a compelling public necessity.
b. Modification Only. In addition to subsection
(B)(1)(a) of this section (Revocation and modification procedure), a land use permit or entitlement may be modified by the Review Authority that originally approved the permit or entitlement, without the consent of the property owner or operator, if the Review Authority finds that the use or related development constitutes or is creating a nuisance or that there is a compelling public necessity.
2. Variances. A variance may be revoked or modified by the Review Authority which originally approved the variance, if any one of the appropriate findings of fact can be made in a positive manner, in addition to those outlined in subsection
(B)(1) of this section (Permits and entitlements):
a. Revocation. Findings for revocation:
i. 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 approval; or
ii. One or more of the conditions of the variance have not been met,
or have been violated.
b. Modification. Findings for modification:
i. 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 substantially
exercised the rights granted by the approval; or
ii. One or more of the conditions of the variance have not been met,
or have been violated.
C. Resubmittal. An application may not be resubmitted if revoked
during the immediately preceding 12-month period, except with the
permission of the Review Authority.
(Prior code § 16-470.030; Ord. 023-07 C.S. § 105; Ord. 2016-01-26-1601 C.S. § 5)
A revocation and/or modification of a previously approved application,
permit, or entitlement may be initiated in the following manner:
A. Council. By the Council with referral to the Commission;
B. Commission. By the Commission; or
C. Director. By the Director.
(Prior code § 16-470.035; Ord. 023-07 C.S. § 106)