The purpose of this chapter is to establish the parameters for
the numerous types of discretionary planning applications and to identify
processing procedures.
(Ord. No. 97-11, § 2, 5-5-97)
(a) Administrative adjustment. Any deviation from an
adopted development standard in this Zoning Code that meets the criteria
listed in Table 13-28(a).
TABLE 13-28(a)
ADMINISTRATIVE ADJUSTMENTS
|
---|
Standard
|
Deviation Range
|
---|
Decrease in required front yard depth; provided that in residential
zones, the garage is set back a minimum of 19 feet from the front
property line.
|
More than 20% but no more than 40%
|
Decrease in required rear yard depth.
|
More than 20% but no more than 40%
|
Decrease in required side yard width.
|
More than 20% but no more than 40%
|
Increase in maximum fence/wall height.
|
More than 33 1/3 % but no more than 50%
|
Increase in depth of permitted projections into required yards.
|
More than 20% but no more than 40%
|
Deviation in sign area, height, setbacks, separation and other
sign specifications
|
More than 10% but no more than 20%
|
Decrease in required distance between main structures
|
More than 20% but no more than 40%
|
Decrease in required distance between accessory and main structures
|
More than 20% but no more than 40%
|
(b) Conditional use permit. Any use specified in this
Zoning Code as requiring a conditional use permit.
(1) Common interest development conversion. For residential
projects, a proposal to convert an occupied or previously occupied
apartment complex to a residential common interest development project.
To request a conversion for a newly constructed project, the apartment
complex shall have received final building approval for occupancy.
For non-residential projects, a proposal to convert an occupied or
previously occupied non-residential complex to a non-residential common
interest development. Non-residential includes industrial, commercial,
office, and/or mixed-use project.
(c) Density bonus or incentive. Any request for incentives
to produce lower income and senior housing per State
Government Code
section 65915.
(d) Design review. Any construction that results in
three or more dwelling units on a development lot in any residential
zone, except planned development, shall be subject to design review.
(e) Development review. The following shall be subject
to development review:
(1) Two-story residential construction. In the R2-MD,
R2-HD, and R3 zones, any two-story construction on a lot where there
are two or fewer dwelling units or any second-story addition on a
lot with more than two dwelling units that complies with any residential
design guidelines adopted by city council.
(2) Construction of new buildings or additions to existing buildings
in the AP, CL, C1, C2, C1-S, MG, or MP zones. However, building
additions that do not exceed 2,000 square feet or 50% of the existing
building area, whichever is less, and comply with all applicable development
standards shall not be subject to development review; and,
(3) Any other use specified in this Zoning Code as requiring development
review.
(f) Lot line adjustment. Any adjustment to an existing
lot line between two lots, where the land taken from one lot is added
to an abutting lot and/or where a greater number of lots than originally
existed is not created. A lot line adjustment may be used to combine
no more than four abutting lots.
(g) Master plan. Prior to development in the planned
development (PD), town center (TC), shopping center (C1-S), mixed-use
overlay (MU), and all types of institutional and recreational (I&R,
I&R-S, and I&R-MLT) zoning districts, a master plan is required.
Preliminary master plans are required in the TC and I&R-MLT zone,
are optional in PD and MU zones, and are not required in C1-S, I&R-S,
and I&R zones.
(1) Minor changes. Minor changes in the location, siting
or character of buildings and structures may be authorized by the
planning division if required by the final engineering or other circumstances
not foreseen at the time the master plan was approved. No change authorized
under this section may cause any of the following:
a. A change in the use or character of the development;
b. An increase in the overall density or floor area ratio of the development;
c. An increase in overall coverage of structures;
d. A reduction or change in character of approved open space;
e. A reduction of required off-street parking;
f. A detrimental alteration to the pedestrian, vehicular and bicycle
circulation and utility networks;
g. A reduction in required street pavement widths;
h. An increase of more than six inches in building height; or
i. A decrease in building setback greater than can be approved by a
minor modification by the development services director.
(2) Major amendments. Substantial amendments to the
master plan encompassing one or more of the minor changes listed in
subparagraphs (1)a. through (1)i., or any proposed change determined
by the development services director as a major amendment, shall be
subject to review and approval by the zoning administrator. Furthermore,
if the major amendment results in an overall building square footage
that exceeds the maximum density or building square footage allowed
by the approved master plan, the zoning administrator must find that
the major amendment is consistent with the density, floor area ratio,
and trip budget standards established by the general plan, as applicable.
(3) Minor amendments.
a. Minor amendments to existing master plans in planned development
zones are subject to section 13-56, master plan required.
b. Minor amendments to existing master plans in the TC, C1-S, MU, I&R,
I&R-S, and I&R-MLT zones may be approved by development review
if the planning division finds that the proposed construction does
not materially affect required open space, floor area ratio, and parking
requirements specified in the approved master plan. Furthermore, if
the minor amendment results in an overall building square footage
that exceeds the maximum building square footage allowed by the approved
master plan, the planning division must find that the minor amendment
is consistent with the floor area ratio and trip budget standards
established by the general plan, as applicable.
(4) Mixed-use development plan screening application. Applicants for residential or mixed-use development projects in
a mixed-use overlay district shall submit a screening application
for consideration by city council at a public meeting. No other concurrent
application for development may be submitted for processing until
city council comments have been received. The purpose of the screening
application is to receive city council comments on the merits and
appropriateness of the proposed development. No other action on the
screening application will be taken by city council. The submittal
requirements for the screening review are specified on the city's
planning application form, and the city council's review comments
on the proposed project for processing shall not set precedent for
approval of the master plan.
(h) Minor conditional use permit. Any use or deviation
from development standards specified in this Zoning Code as requiring
a minor conditional use permit.
(i) Minor design review. The following shall be subject
to minor design review:
(1) Two-story residential construction that does not comply with any
residential design guidelines adopted by the city council in the following
zones:
a. R1 zone. Any two-story construction or second-floor
addition; and
b. R2-MD, R2-HD, and R3 zones. Any two-story construction
on a lot that results in two or fewer dwelling units or any second-story
addition on a lot with more than two dwelling units.
(3) Any deviation from development standards specified in this Zoning
Code as requiring a minor design review.
(j) Minor modification. Any deviation from an adopted
development standard in this Zoning Code that meets the criteria listed
in Table 13-28(j)(1).
TABLE 13-28(j)(1)
MINOR MODIFICATION
|
---|
Standard
|
Deviation Range
|
---|
Decrease in required front yard depth; provided that in residential
zones, the garage is set back a minimum of 19 feet from the front
property line
|
20% or less
|
Decrease in required rear yard depth
|
20% or less
|
Decrease in required side yard width
|
20% or less
|
Increase in maximum fence/wall height
|
33 1/3 % or less
|
Decrease in five-foot setback on street side for fences/walls
in excess of 36 inches on corner lots in multi-family residential
zones
|
100% or less
|
Increase in depth of permitted projections into required yards
|
20% or less
|
Decrease in minimum driveway width for two or more dwelling
units
|
to not less than 10 feet
|
Deviation in sign area, height, setbacks, separation and other
sign specifications
|
10% or less
|
Decrease in required distance between main structures
|
20% or less
|
Decrease in required distance between accessory and main structures
|
20% or less
|
Decrease in minimum width and length of garage dimensions
|
5% or less
|
(2) Minor building additions that encroach
into required setbacks no further than the existing main structure,
excluding architectural features. However, no nonconforming
setback width or depth may be decreased further, and the building
addition shall comply with all other applicable sections of this Zoning
Code and other codes.
(3) Fabric awnings that project no more than five feet from the building
face.
(4) Minimum length of no less than 18 feet for driveways as measured
from the ultimate property line.
(5) Any deviation from development standards specified in this Zoning
Code as requiring a minor modification.
(k) Mobile home park conversion. Any conversion of an
existing mobile home park to any other use permitted or conditionally
permitted in the applicable zoning district.
(l) Planned signing program. A voluntary, optional alternative
to the general sign regulations, except in the C1-S zone where it
is required.
(m) Reasonable accommodation. As defined in section
13-200.62
(o) Rezone. Any proposed change to the official zoning
map.
(p) Special use permit. Refer to Chapter XV of the Zoning
Code.
(q) Specific plan conformity review. Any proposed action
or land use which is required by the applicable specific plan to be
reviewed for conformity with the purpose and intent of the plan.
(r) Tentative tract or parcel map (including vesting). Any proposed subdivision of land which is required by a provision
of the Subdivision Map Act or this Zoning Code to file a tentative
tract or parcel map.
(s) Variance. Any deviation from a development standard
in this Zoning Code that is not specified as a minor modification
or administrative adjustment, or a deviation that is not allowed by
approval of conditional use permit, minor conditional use permit,
or specific plan conformity procedure.
(t) Landmarks and historic districts located within the city. A person may request placement of a significant historic structure
on the local Register of Historic Places subject to the criteria and
procedures established in Chapter IX, Article 14, Historic Preservation.
(u) Certificate of appropriateness. A certificate issued
by the planning commission (or other commission/committee designated
by the city council), approving plans, specifications, or statements
of work for any proposed alteration, restoration, or rehabilitation,
construction, relocation, or demolition, in whole or in part, of a
"designated cultural resource" listed on the city's local Register
of Historic Places.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 99-17, § 3, 11-15-99; Ord. No. 01-10, §§ 1a., 1b., 3-5-01; Ord. No. 01-16, § 1b., 6-18-01; Ord. No. 02-4, § 1m, 3-18-02; Ord. No. 03-4, § 1(a), 6-2-03; Ord. No. 03-8, §§ 1, 2, 9-2-03; Ord. No. 05-3, § 1b., 2-7-05; Ord. No. 05-2, § 1a.—c., 2-22-05; Ord. No. 06-9, § 1b., 4-18-06; Ord. No. 07-17, § 1a., b., 10-2-07; Ord. No. 11-10, § 1, 9-20-11; Ord. No. 16-09, § 3, 10-4-16; Ord. No. 21-20, § 1, 12-7-21)
(a) Application.
(1) Application for any planning application shall be made to the planning
division on the forms provided. Plans and information reasonably needed
to analyze the application may be required. A list of required plans
and information shall be available from the planning division.
(2) All applications shall be signed by the record owner of the real
property to be affected. This requirement may be waived upon presentation
of evidence substantiating the right of another person to file the
application.
(b) Fees. The application shall be accompanied by all
applicable processing fees as established by resolution of the city
council.
(c) Public hearing. Upon receipt of a complete application
for a planning application, the planning division shall fix a time
and place of the public hearing if one is required pursuant to Table
13-29(c). For planning applications which require review by both the
planning commission and city council or redevelopment agency, pursuant
to Table 13-29(c), the final review authority shall hold a public
hearing no more than 45 days from the receipt of the planning commission's
recommendation.
TABLE 13-29(c)
PLANNING APPLICATION REVIEW PROCESS
|
---|
Planning Applications
|
Public Notice Required
|
Public Hearing Required
|
Recommending Authority
|
Final Review Authority
|
Notice of Decision
|
---|
Development Review
Minor Modification
|
No
|
No
|
None
|
Planning Division
|
No
|
Reasonable Accommodation
|
No
|
No
|
None
|
Planning Division
|
No
|
Lot Line Adjustment
|
No
|
No
|
None
|
Planning Division
|
No
|
Special Use Permit
|
Yes
|
Yes
|
None
|
Planning Division
|
No
|
Administrative Adjustment Minor Conditional Use Permit Minor
Design Review
Planned Signing Program
|
Yes
|
No
|
None
|
Zoning Administrator
|
Yes
|
Design Review
Mobile Home Park Conversion
Common Interest Development Conversion (Residential or Nonresidential)
Specific Plan Conformity Review Tentative Parcel Map
Tentative Tract Map
Variance
|
Yes
|
Yes
|
Planning Division
|
Planning Commission
|
Yes
|
Conditional Use Permit Density Bonus
Master Plan
Master Plan—Preliminary
|
Yes
|
Yes
|
Planning Division
|
Planning Commission
(excepted where noted otherwise in this zoning code)
|
Yes
|
Redevelopment Action
|
Yes
|
Yes
|
Planning Commission
|
Redevelopment Agency
|
Yes
|
Rezone
|
Yes
|
Yes
|
Planning Commission; and, if located in a redevelopment project
area, the Redevelopment Agency
|
City Council
|
No
|
Local Register of Historic Places
|
No
|
No
|
Planning Commission or other commission/committee as designated
by the City Council
|
City Council
|
Yes
|
Certificate of Appropriateness
|
No
|
No
|
Planning Commission or other commission/ committee as designated
by the City Council
|
Planning Commission or other commission/ committee as designated
by the City Council
|
No
|
(d) Public notice. When required pursuant to Table 13-29(c),
public notice shall be given as described in the following subsections.
Public notices shall contain a general explanation of the proposed
planning application and any other information reasonably needed to
give adequate notice of the matter to be considered.
(1) Mailed notice required. Notices of the hearing shall
be mailed to all property owners and occupants within a 500 foot radius
of the project site, except for applications for the construction
of a building(s) 150 feet or more in height; these applications shall
require a greater notice radius:
Building Height in Feet
|
Notice Requirement
|
---|
More than 150 and less than or equal to 225
|
700-foot radius
|
More than 225 and less than or equal to 300
|
900-foot radius
|
More than 300
|
1,100-foot radius
|
The required notice radius shall be measured from the
external boundaries of the property described in the application.
The notice shall be mailed no less than 10 days prior to the hearing
or determination on the application. The planning division shall require
mailing labels from the project applicant for this purpose. The mailing
labels shall reflect the last known name and address of owner(s) as
shown on the last equalized county assessment roll or by a more current
listing.
(2) On-site posting required. Additional notice shall
be provided by posting a notice on each street frontage of the project
site, no less than 10 days prior to the date set for the hearing or
determination on the application.
(3) Newspaper publication. When a public hearing is
required, notice shall also be published once in the city in a newspaper
of general circulation, no less than 10 days prior to the date set
for the public hearing.
(e) Review criteria. Review criteria for all planning
applications shall consist of the following:
(1) Compatible and harmonious relationship between the proposed building
and site development, and use(s), and the building and site developments,
and uses that exist or have been approved for the general neighborhood.
(2) Safety and compatibility of the design of buildings, parking area,
landscaping, luminaries and other site features which may include
functional aspects of the site development such as automobile and
pedestrian circulation.
(3) Compliance with any performance standards as prescribed elsewhere
in this Zoning Code.
(4) Consistency with the general plan and any applicable specific plan.
(5) The planning application is for a project-specific case and is not
to be construed to be setting a precedent for future development.
(6) When more than one planning application is proposed for a single
development, the cumulative effect of all the planning applications
shall be considered.
(7) For residential developments, consistency with any applicable design
guidelines adopted by city council resolution.
(8) For affordable multi-family housing developments which include a
minimum of 16 affordable dwelling units at no less than 20 dwelling
units per acre, the maximum density standards of the general plan
shall be applied, and the maximum density shall be permitted by right
and not subject to discretionary review during the design review or
master plan application process.
(f) Conditions. The final review authority pursuant
to Table 13-29(c), may impose reasonable conditions to assure compliance
with the applicable provisions of this Zoning Code, and to assure
compatibility with surrounding properties and uses and to protect
the public health, safety and general welfare. The final review authority
may also require such written guarantees, cash deposits, recorded
land use restrictions, etc., as may be necessary to assure compliance
with the conditions.
(g) Findings. When granting an application for any of
the planning applications specified below, the final review authority
shall find that the evidence presented in the administrative record
substantially meets any required conditions listed below. Other findings
may also be required pursuant to other provisions of this Zoning Code.
(1) Administrative adjustment and variance findings:
a. Because of special circumstances applicable to the property, the
strict application of development standards deprives such property
of privileges enjoyed by others in the vicinity under identical zoning
classifications.
b. The deviation granted shall be subject to such conditions as will
assure that the deviation authorized shall not constitute a grant
of special privileges inconsistent with the limitation upon other
properties in the vicinity and zone in which the property is situated.
c. The granting of the deviation will not allow a use, density, or intensity
which is not in accordance with the general plan designation and any
applicable specific plan for the property.
(2) Conditional use permit and minor conditional use permit findings:
a. The proposed development or use is substantially compatible with
developments in the same general area and would not be materially
detrimental to other properties within the area.
b. Granting the conditional use permit or minor conditional use permit
will not be materially detrimental to the health, safety and general
welfare of the public or otherwise injurious to property or improvements
within the immediate neighborhood.
c. Granting the conditional use permit or minor conditional use permit
will not allow a use, density or intensity which is not in accordance
with the general plan designation and any applicable specific plan
for the property.
(3) Density bonus and concession or incentive findings:
a. The request is consistent with State
Government Code section 65915
et. seq. regarding density bonuses and other incentives, the general
plan, any applicable specific plan, and Chapter IX special regulations,
Article 4 density bonuses and other incentives.
b. The requested density bonus and incentive or concession constitute
the minimum amount necessary to provide housing at the target rents
or sale prices and/or a child care facility.
c. The granting of the incentive or concession is required in order
to provide for affordable housing costs, as defined in Health and
Safety Code section 50052.5 or for rents for the targeted units.
d. The granting of the incentive or concession and/or the waiver or
reduction of development standards does not have a specific, adverse
impact, as defined in paragraph (2) of subdivision (d) of Government
Code section 65589.5 upon health, safety, or the physical environment,
and for which there is no feasible method to satisfactorily mitigate
or avoid the specific adverse impact.
e. The granting of the incentive or concession and/or the waiver or
reduction of development standards does not have an adverse impact
on any real property that is listed in the California Register of
Historical Resources.
(4) Lot line adjustment findings: The lot line adjustment and improvements
are consistent with the general plan, any applicable specific plan
and this Zoning Code.
(5) Master plan findings:
a. The master plan meets the broader goals of the general plan, any
applicable specific plan, and the Zoning Code by exhibiting excellence
in design, site planning, integration of uses and structures and protection
of the integrity of neighboring development.
b. Master plan findings for mixed-use development projects in the mixed-use
overlay district are identified in Chapter V, Article 11, mixed-use
overlay district.
c. As applicable to affordable multi-family housing developments, the
project complies with the maximum density standards allowed pursuant
to the general plan and provides affordable housing to low or very-low
income households, as defined by the California Department of Housing
and Community Development. The project includes long-term affordability
covenants in compliance with state law.
(6) Minor modification findings:
a. The improvement will not be materially detrimental to the health,
safety and general welfare of persons residing or working within the
immediate vicinity of the project or to property and improvements
within the neighborhood.
b. The improvement is compatible and enhances the architecture and design
of the existing and anticipated development in the vicinity. This
includes the site planning, land coverage, landscaping, appearance,
scale of structures, open space and any other applicable features
relative to a compatible and attractive development.
(7) Mobile home park conversion findings:
a. The impacts of the conversion on the residents of the mobile home
park have been duly considered as required by the State Government
Code.
b. The proposed conversion project is consistent with the general plan,
any applicable specific plan and this Zoning Code.
(8) Planned signing program findings:
a. The proposed signing is consistent with the intent of Chapter VIII,
Signs, and the General Plan.
b. The proposed signs are consistent with each other in design and construction
taking into account sign style and shape, materials, letter style,
colors and illumination.
c. The proposed signs are compatible with the buildings and developments
they identify taking into account materials, colors and design motif.
d. Approval does not constitute a grant of special privilege or allow
substantially greater overall visibility than the standard sign provisions
would allow.
(9) Reasonable Accommodation findings: Refer to Chapter IX, Article 15.
(10) Common interest development conversion findings:
a. The applicant has submitted an adequate and legally binding plan
which addresses the displacement of long-term residents, particularly
senior citizens and low- and moderate-income families and families
with school-age children; and
b. The proposed common interest development conversion project conforms
to adopted general plan policies and any applicable specific plan
or urban plan, and if applicable, increases the supply of lower cost
housing in the city and/or that the proposed conversion project fulfills
other stated public goals.
c. The establishment, maintenance, or operation of the project will
not be detrimental to the health, safety, peace, comfort, and general
welfare of persons residing or working in the surrounding neighborhood,
nor will the project be detrimental or injurious to property and improvements
in the neighborhood or the general welfare of the city.
d. The overall design and physical condition of the common interest
development conversion project achieves a high standard of appearance,
quality, and safety.
e. The proposed common interest development conversion project conforms
to the Costa Mesa Zoning Code requirements.
f. For a proposed common interest development conversion project that
does not conform to the zoning code requirements, the project due
to its proportions and scale, design elements, and relationship to
the surrounding neighborhood, is of continued value to the community
and it contributes to defining and improving the community as a whole.
Deviations from zoning code requirements are acceptable because it
would be impracticable or physically impossible without compromising
the integrity of the overall project to implement features that could
result in conformance with current code requirements.
g. For a proposed common interest development conversion project located
in an urban plan area, the proposed conversion is consistent with
the applicable mixed-use overlay zoning district. Specifically, the
proposed non-residential conversion project supports a mixed-use development
or a similar land use that is not allowed in the base zoning district,
or the proposed conversion project is a residential common interest
development that is permitted by either the base or overlay zoning
district.
(11) Rezone findings: The proposed rezone is consistent with the Zoning
Code and the general plan and any applicable specific plan.
(12) Specific plan conformity review findings: Refer to the applicable
specific plan text.
(13) Tentative parcel or tract map findings:
a. The creation of the subdivision and related improvements is consistent
with the general plan, any applicable specific plan, and this Zoning
Code.
b. The proposed use of the subdivision is compatible with the general
plan.
c. The subject property is physically suitable to accommodate the subdivision
in terms of type, design and density of development, and will not
result in substantial environmental damage nor public health problems,
based on compliance with the Zoning Code and general plan, and consideration
of appropriate environmental information.
d. The design of the subdivision provides, to the extent feasible, for
future passive or natural heating and cooling opportunities in the
subdivision, as required by State
Government Code section 66473.1.
e. The division and development will not unreasonably interfere with
the free and complete exercise of the public entity and/or public
utility rights-of-way and/or easements within the tract.
f. The discharge of sewage from this land division into the public sewer
system will not violate the requirements of the State Regional Water
Quality Control Board pursuant to Division 7 (commencing with State
Water Code section 13000).
(14) Design review and minor design review findings:
a. The project complies with the City of Costa Mesa Zoning Code and
meets the purpose and intent of the residential design guidelines,
which are intended to promote design excellence in new residential
construction, with consideration being given to compatibility with
the established residential community. This design review includes
site planning, preservation of overall open space, landscaping, appearance,
mass and scale of structures, location of windows, varied roof forms
and roof plane breaks, and any other applicable design features.
b. The visual prominence associated with the construction of a two-story
house or addition in a predominantly single-story neighborhood has
been reduced through appropriate transitions between the first and
second floors and the provision of second floor offsets to avoid unrelieved
two-story walls.
c. As applicable to affordable multi-family housing developments, the
project complies with the maximum density standards allowed pursuant
to the general plan and provides affordable housing to low or very-low
income households, as defined by the California Department of Housing
and Community Development. The project includes long-term affordability
covenants in compliance with state law.
(h) Decision.
(1) After the public hearing, if required, the final review authority
may approve, conditionally approve or deny any application for the
planning application based upon the standards and intent set forth
in the applicable provisions of this Zoning Code. In the case of a
denial, the applicant shall be notified of the circumstances of the
denial.
(2) For planning applications which require the planning commission to
make a recommendation to the final review authority, the authority
shall not approve any major change or additions in any proposed planning
application until the proposed change or addition has been referred
to the planning commission for a report, unless the change or addition
was previously considered by the planning commission. It shall not
be necessary for the planning commission to hold a public hearing
to review the referral. Failure of the planning commission to report
to the final review authority within 40 days after the referral shall
be deemed approval of the proposed change or addition.
(i) Notice of decision.
(1) Notice of the zoning administrator's decision shall be given within
five days of the decision to the city council, planning commission
and to any affected party requesting the notice. Any member of the
planning commission or city council may request review of a zoning
administrator's decision within seven days of the notice of the decision.
No fee shall be charged for such review.
(2) Notice of the planning commission's and/or redevelopment agency's
decision shall be given within five days to the city council and to
any affected party requesting the notice. Any member of the city council
may request review of the decision within seven days of the notice
of the decision. No fee shall be charged for such review.
(j) Appeals. Appeals of the final review authority shall be filed within seven days of the public hearing or the date of the notice of decision according to the procedures set forth in Title
2, Chapter IX, Appeal, Rehearing and Review Procedure.
(k) Time limits and extensions.
(1) Planning applications shall run with the land until revoked, except
as provided in this section or in a condition imposed at the time
of granting the planning application.
(2)
a. Unless otherwise specified by condition of approval, any permit or
approval not exercised within 24 months from the actual date of review
authority approval shall expire and become void, unless an extension
of time is approved in compliance with paragraph (4) of this subsection;
b. The permit shall not be deemed "exercised" until at least one of
the following has first occurred:
1. A building permit has been issued and construction has commenced,
and has continued to maintain a valid building permit by making satisfactory
progress as determined by the building official.
2. A certificate of occupancy has been issued.
3. The use is established and a business license has been issued.
4. A time extension has been granted in compliance with paragraph (3)
of this subsection.
(3) The time limits specified in paragraph (2) of this subsection shall
not apply to preliminary master plans, except that the first phase
of the final master plan must be approved within 24 months of the
approved preliminary master plan. Time limits regarding the construction
of improvements authorized by the approved final master plan for each
phase of the project shall comply with the time limits established
in paragraph (2).
(4) Extension of time.
a. Filing and review of request. No less than 30 days
or more than 60 days before the expiration date of the permit, the
applicant shall file a written request for an extension of time with
the department, together with the filing fee established by resolution
of the city council.
b. For extension requests not to exceed 180 days: The director of development
services may extend the time for an approved permit or approval to
be exercised. Only one request for an extension of 180 days may be
approved by the director. Any subsequent extension requests shall
be considered by the original approval authority.
c. For extensions requests of more than 180 days: The review authority
for the original project shall consider the request to extend the
time for an approved permit or approval to be exercised. A public
hearing shall only be held if it was required on the original application.
If notice was required for the original application, notice of the
public hearing shall be given according to the procedures set forth
in this chapter.
(5) Fees for extensions of time for planning applications may be established
by resolution of the city council.
(6) Action on extension request. A permit or approval
may be extended beyond the expiration of the original approval provided
the director or the review authority finds that there have been no
changes in the conditions or circumstances of the site, such as Zoning
Code or General Plan amendment or other local and statewide regulations
affecting the approved development standards, or project so that there
would have been ground for denial of the original project or any changes
to the General Plan and/or Zoning Code that would preclude approval
of the same project at the time of the requested extension.
(7) Effect of expiration. After the expiration of the
permit or approval, no further work shall be done on the site and
no further use of the site shall occur until a new permit or approval,
or other city permits or approvals are first obtained. Fees for extensions
of time for planning applications may be established by resolution
of the city council.
(l) Building permits/authority to proceed. No building
permit or authority to proceed shall be granted until all required
review and approval has been obtained and all applicable appeal periods
have expired.
(m) Compliance. Final occupancy shall not be granted
unless the site development conforms to the approved set of building
plans, applicable conditions of approval and code requirements.
(n) Reapplication. Upon final denial of any planning application, a new application for substantially the same planning application may not be filed within six months of the date of the denial. The development services director shall determine whether the new application is for a planning application which is substantially the same as a previously denied application. No decision of the development services director shall be effective until a period of seven days has elapsed following the written notice of a decision; an appeal of the decision shall be filed according to the procedures set forth in Title
2, Chapter IX, Appeal, Rehearing and Review Procedure.
(o) Enforcement authority.
(1) The planning commission may require the modification or revocation
of any planning application and/or pursue other legal remedies as
may be deemed appropriate by the city attorney, if the planning commission
finds that the use as operated or maintained:
a. Constitutes a public nuisance as defined in State
Civil Code Sections
3479 and 3480; or
b. Does not comply with the conditions of approval.
(2) The modification or revocation of any permit by the planning commission
under this subsection shall comply with the notice and public hearing
requirements set forth in subsections (c) and (d). The development
services director may require notice for a development review or minor
modification, if deemed appropriate.
(p) Amendment to a planning application. Any approved
planning application may be amended by following the same procedure
and fee schedule as required for the initial approval, with the exception
of the following two instances:
(1) Minor amendments to conditional use permits shall be processed as
minor conditional use permits; and
(2) Amendments to master plans which comply with section 13-28(f)(1)
may be authorized by the planning division.
(q) Concurrent processing. Unless otherwise stated in
this Zoning Code, applications for proposed projects which require
two or more planning application approvals may be processed concurrently.
Final project approval shall not be granted until all necessary approvals
have been obtained.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 5—7, 3-2-98; Ord. No. 99-17, § 4, 11-15-99; Ord. No. 01-11, § 1a., 3-5-01; Ord. No. 01-16, §§
1c.—e., 6-18-01; Ord. No. 03-8, § 3, 9-2-03; Ord. No. 05-2, § 1d., e., 2-22-05; Ord. No. 06-7, § 1a., 4-18-06; Ord. No. 06-9, § 1c., 4-18-06; Ord. No. 07-17, § 1c., d., 10-2-07; Ord. No. 09-13, § 1, 11-17-09; Ord. No. 17-12, § 1, 9-19-17; Ord. No. 18-06, § 1, 9-4-18; Ord. No. 21-20, § 1, 12-7-21)