CHAPTER 12.16
PERMIT APPLICATION SUBMITTAL
SECTION:
12.16.010: General Submittal Requirements
12.16.030: Withdrawal Of Application
12.16.050: Revocation Of Permits
12.16.060: Revocation Hearing; Notice To Owner
12.16.010 GENERAL SUBMITTAL REQUIREMENTS:
Any person may apply to the planning department, in writing, for approval of a site plan permit, use permit, rezone permit, variance, or temporary land permit. Such application shall be on a form prescribed for that purpose by the planning director and, if not submitted by the owners of the relevant property, shall include the written consent of the owner of the property on which the use is to be located. The application shall be accompanied by a fee, as specified by resolution as well as documentation, as specified by the planning director, indicating the details of the proposed, new, or expanded use of a site and each new or expanded structure. (Ord. 2000-03, 8-7-2000)
12.16.020 NOTICE OF HEARING:
Notice of the time and place of hearing upon a use permit or variance application by the planning commission or by the city council shall be given at least ten (10) calendar days before the hearing in the following manner:
A. By publication of the notice at least one time in a newspaper published in Monterey County and circulated in the city; and
B. By mailing the notice, postage prepaid, to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet (300’) of the property which is the subject of proposed use permit or variance. (Ord. 2001-13, 11-19-2001)
12.16.030 WITHDRAWAL OF APPLICATION:
An applicant may withdraw his/her application within fifteen (15) calendar days of submittal and receive a refund of any unexpended portion of the application fee. Any refund of application fees for an application withdrawn later than fifteen (15) calendar days after the date of submittal will be made at the discretion of the planning director. (Ord. 2000-03, 8-7-2000)
12.16.040 PERMIT EXPIRATION:
All approvals granted pursuant to this title shall expire one year from the date of approval, except those established by ordinance, and those kept valid by issuance and continuation of a building permit. This section shall not apply to final subdivision maps or plats. The planning commission or city council may extend an approval for a period not to exceed eighteen (18) months. (Ord. 2000-03, 8-7-2000)
12.16.050 REVOCATION OF PERMITS:
Any site plan permit, use permit, variance, or temporary land permit granted in accordance with the provisions of this title may be revoked by the deciding body in the manner hereinafter set forth if the said permit or variance is exercised in violation of the conditions or the terms under which such permit or variance is granted, or if the following findings are made:
A. Permits: In connection with site plan permits, use permits, and temporary land permits that the continuance of the use would be detrimental to the health, safety, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the city.
B. Variances: In connection with variances, that continued relief from the strict application of the terms of this title would be detrimental to the health, safety, comfort or general welfare of persons residing or working in the neighborhood of the subject property, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the city. (Ord. 2001-13, 11-19-2001)
12.16.060 REVOCATION HEARING; NOTICE TO OWNER:
Before the deciding body considers the revocation of a site plan permit, use permit, variance, or temporary land permit, it shall hold a public hearing thereon, notice of which shall be served on the owner of the subject property at least ten (10) days prior to the date of the hearing, either personally or by registered or certified mail, with postage prepaid and return receipt requested. At the conclusion of the hearing, the deciding body shall make findings of fact as to whether or not there is good cause for such revocation. If it finds that such good cause does exist, it may revoke or modify the permit or variance. (Ord. 2001-13, 11-19-2001)