Chapter 18.330
TIME LIMITS, ABANDONMENT, EXPIRATION, REVOCATION AND MODIFICATION OF APPROVALS
Sections:
18.330.030 Time limits on approvals.
18.330.040 Expiration of approval.
18.330.050 Abandonment of nonconforming use, conditional use, or zoning administrator use.
18.330.060 Revocation or modification of approval – Certain discretionary permits.
18.330.010 Purpose.
The purpose of this chapter is to establish time limits on discretionary approvals granted pursuant to the provisions of this title and to establish procedures for their expiration and revocation. (Ord. 9-2014 § 44, 3-4-14.)
18.330.020 Applicability.
The provisions of this chapter shall apply to discretionary approvals granted pursuant to this title, including but not limited to conditional use permits, zoning administrator permits, design review permits, planned unit development permits, variances, and modifications of zoning provisions (findings), but not including legislative actions such as approval of general plan and zoning amendments. (Ord. 9-2014 § 44, 3-4-14.)
18.330.030 Time limits on approvals.
(a) Unless conditions of approval establish a different time limit, any discretionary zoning approval granted pursuant to this title and not exercised within 24 months following the date on which the permit was approved shall expire and be void, as further provided in this chapter, except where an extension of time is approved in compliance with subsection (b) of this section.
(b) At any time prior to expiration of the permit, the applicant may submit a written request to the zoning administrator, accompanied by the required fee, for an extension of the permit for up to 24 months from the expiration date of the initial approval. The zoning administrator shall consider and act upon the extension request unless the zoning administrator determines that the extension application warrants consideration by the planning commission. The approval authority may grant the extension request if it finds that conditions of the site and in the vicinity and those general plan, community or specific plan, zoning, and adopted city policies applicable to the site are substantially the same as when the permit was originally approved. Decisions of the zoning administrator and planning commission regarding extensions of approval may be appealed pursuant to Chapter 18.300. (Ord. 9-2014 § 44, 3-4-14.)
18.330.040 Expiration of approval.
(a) Any zoning permit or approval not exercised prior to expiration of the permit or approval, and any extension approved by the city, shall expire and be void.
(b) The permit or approval shall be deemed to be “exercised” if one of the following occurs prior to expiration of the permit or approval:
(1) A valid building permit has been issued in reliance on the permit or approval, and construction is being diligently pursued;
(2) A valid certificate of occupancy has been issued in reliance on the permit or approval;
(3) If neither a building permit nor a certificate of occupancy is required, the use has been established in reliance on the permit or approval; or
(4) Substantial action has been commenced in good faith to implement the permit or approval, and the applicant has incurred substantial expense in acting in reliance on the permit.
(c) If the zoning administrator determines that there are reasonable grounds to believe that the permit or approval has expired, the zoning administrator shall provide written notice to the record owner of the property (as shown on the county of Alameda’s current equalized assessment roll), the applicant, and any occupant of the property. The notice shall describe the expired permit or approval, the basis for the zoning administrator’s determination, and the opportunity to request a hearing before the community development director within 10 days of receiving such notice from the zoning administrator. Such notice shall be deemed delivered two days after being mailed by certified mail, through the United States Postal Service, postage paid.
(d) If a hearing is requested, the community development director shall conduct a hearing. At least 10 days prior to the hearing, notice shall be given by U.S. mail to the property owner, applicant, any occupant of the property, any person requesting the hearing, and any person who has filed a written request for such notice.
(e) A decision of the community development director to revoke or modify the permit shall be effective on the date following the expiration of the appeal period, as described in Chapter 18.300, unless an appeal is timely filed pursuant to Chapter 18.300. (Ord. 9-2014 § 44, 3-4-14.)
18.330.050 Abandonment of nonconforming use, conditional use, or zoning administrator use.
(a) If the zoning administrator determines that there are reasonable grounds to believe that a nonconforming use has been abandoned for the period specified in either Section 18.180.020(c) or 18.180.030(d), or that a conditional use or zoning administrator use has been abandoned for 12 consecutive months, the zoning administrator shall provide written notice to the record owner of the property (as shown on the county of Alameda’s current equalized assessment roll), the applicant, and any occupant of the property. The notice shall describe the nonconforming use, conditional use, or zoning administrator use, as applicable; the basis for the zoning administrator’s determination that the use has been abandoned for the specified period, and the opportunity to request a hearing before the community development director within 30 days of receiving such notice from the zoning administrator. Such notice shall be deemed delivered two days after being mailed by certified mail, through the United States Postal Service, postage paid. For the purpose of this title, “abandonment” of the use shall include without limitation both the replacement of the nonconforming, conditional, or zoning administrator use with another use and no use existing on the site of the former nonconforming, conditional, or zoning administrator use.
(b) If a hearing is requested, the community development director shall conduct a hearing. At least 10 days prior to the hearing, notice shall be given by U.S. mail to the property owner, applicant, any occupant of the property, any person requesting the hearing, and any person who has filed a written request for such notice.
(c) A decision of the community development director that the nonconforming, conditional, or zoning administrator use has been abandoned for the prescribed period shall be effective on the date following the expiration of the appeal period, as described in Chapter 18.300, unless an appeal is timely filed pursuant to Chapter 18.300. (Ord. 9-2014 § 44, 3-4-14.)
18.330.060 Revocation or modification of approval – Certain discretionary permits.
(a) If the zoning administrator determines that there are reasonable grounds for revocation of a zoning administrator permit, a conditional use permit, a variance, a discretionary design review permit, or a planned unit development permit, a revocation hearing shall be scheduled for consideration before the planning commission or city council, whichever originally took final action on the permit. If the zoning administrator or community development director approved the permit, then the hearing shall be scheduled before the planning commission. For purposes of this section, the term “permit” shall include the permits specifically listed in this subsection (a).
(b) At least 10 days prior to the hearing, notice shall be given by U.S. mail to the property owner, applicant, any occupant of the property, any person requesting the hearing, and any person who has filed a written request for such notice. The approval authority shall conduct a public hearing on the proposed revocation.
(c) The approval authority may revoke or modify the permit if any one of the following findings can be made:
(1) The permit was obtained by misrepresentation or fraud;
(2) The terms or conditions of approval of the permit have not been met;
(3) The improvement, use, or activity authorized by the permit is in violation of any statute, ordinance, law, or regulation or constitutes a nuisance; or
(4) The owner or occupant of the property is conducting the use or any associated or other use of the property in violation of any statute, ordinance, law, or regulation or in a manner that constitutes a nuisance.
(d) A decision of the approval authority to revoke or modify the permit shall be effective on the date following the expiration of the appeal period, if any, as described in Chapter 18.300, unless an appeal is timely filed pursuant to Chapter 18.300.
(e) The city’s right to modify or revoke a permit, as provided in this section, shall be cumulative to any other remedy allowed by law. (Ord. 9-2014 § 44, 3-4-14.)
18.330.070 Revocation or modification of approval – All other permits and approvals pursuant to this title.
(a) If the zoning administrator determines that there are reasonable grounds for revocation of any permit or approval issued pursuant to this title other than those permits listed in Section 18.330.060(a), a revocation hearing shall be scheduled for consideration before the community development director. For purposes of this section, the term “permit” shall include all zoning permits and approvals except those specifically listed in Section 18.330.060(a).
(b) At least 10 days prior to the hearing, notice shall be given by U.S. mail to the property owner, applicant, any occupant of the property, any person requesting the hearing, and any person who has filed a written request for such notice. The community development director shall conduct a public hearing on the proposed revocation.
(c) The community development director may revoke or modify the permit if any one of the following findings can be made:
(1) The permit was obtained by misrepresentation or fraud;
(2) The terms or conditions of approval of the permit have not been met;
(3) The improvement, use, or activity authorized by the permit is in violation of any statute, ordinance, law, or regulation or constitutes a nuisance; or
(4) The owner or occupant of the property is conducting the use or any associated or other use of the property in violation of any statute, ordinance, law, or regulation or in a manner that constitutes a nuisance.
(d) A decision of the community development director to revoke or modify the permit shall be effective on the date following the expiration of the appeal period, as described in Chapter 18.300, unless an appeal is timely filed pursuant to Chapter 18.300.
(e) The city’s right to modify or revoke a permit, as provided in this section, shall be cumulative to any other remedy allowed by law. (Ord. 9-2014 § 44, 3-4-14.)
18.330.080 Enforcement fees.
The city may adopt by resolution fees to compensate the city for its administrative costs in undertaking enforcement actions. Such fees are not penalties for violations of this title or any other violation of the municipal code. (Ord. 9-2014 § 44, 3-4-14.)