This chapter establishes the requirements for implementing, or "exercising," the permits or entitlements identified in this Zoning Code, including time limits and procedures for granting extensions of time.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)
A.
Compliance. Work performed under a building permit, for which project drawings and plans have received approval by the Director, Planning Commission, or Council, shall be in substantial compliance with the approved drawings and plans, statements (written or oral) made in support of the application, and conditions of approval imposed by the Review Authority.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)
A.
Permits and Variances.
1.
An Administrative Use Permit, Conditional Use Permit, Site Development Permit, Variance, or designation of a Local Landmark shall become effective on the tenth day following the date the decision is rendered by the applicable review authority and upon recordation by the Orange County Recorder, unless appealed.
2.
A Home Occupation Permit and Temporary Use Permit shall become effective immediately upon written approval by the Director or designee.
B.
General Plan Amendments. An amendment to the General Plan shall become effective immediately upon the signing of the Council resolution approving the amendment.
C.
Plans and Code Amendments. Council actions to adopt or amend a Development Agreement, Specific Plan, the zoning map, or this Zoning Code shall become effective on the 30th day following the second reading by the Council.
D.
Effective Date. Certificates of occupancy, building permits, and other permits shall not be issued until the effective date, provided that no appeal of the Review Authority's decision has been filed in compliance with Chapter 17.60 (Appeals). In the event of an appeal, permits shall not be issued until after the Planning Commission's or Council's final determination. Permits shall not have force or effect until the applicant actually receives the permit, signed by the Director designating the conditions of its issue, and executes a written consent on a form prescribed by the Department to the conditions imposed.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)
A permit applicant may be required by conditions of approval, or by action of the Director, to provide adequate security to guarantee the faithful performance of conditions of approval imposed by the Review Authority. The Director, in consultation with the Building Official, shall be responsible for setting the amount of the required security.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)
A.
Time Limits.
1.
When Permits Expire. To ensure continued compliance with the provisions of this title, each approved permit or entitlement shall expire 24 months from the date of approval—unless otherwise specified in the permit or entitlement or unless an extension has been granted pursuant to the provisions of this chapter—if the use or entitlement has not been exercised.
B.
Permit Implementation—Exercising the Permit or Entitlement.
1.
"Exercised" Defined. An approved permit or entitlement shall be exercised before its expiration. The permit or entitlement shall not be deemed exercised until the applicant has completed one of the following:
a.
Obtained a building permit and a grading permit (if a grading permit is required) and has initiated grading where a grading permit is required or initiated construction where no grading permit is required. The Director shall have the authority to determine whether grading or construction has been initiated;
b.
Obtained a permit authorizing occupancy of the improvements to the site or structure(s), or has occupied the site or structure(s) where no building permit or certificate of occupancy is required by the City; or
c.
Actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval.
2.
Project Phasing.
a.
Two or More Phases. Where the permit or entitlement provides for development in two or more phases or units in sequence, the permit or entitlement shall not be approved until the Director has approved a phasing plan for the entire project site. The applicant shall not be allowed to develop a portion of the proposed development under the original approval, and then develop the remaining portion(s) in compliance with this section, without first obtaining Director approval.
b.
Commencement for Each Phase. If a project is to be built in preapproved phases, each subsequent phase shall have 18 months from the previous phase's date of construction commencement to the next phase's date of construction commencement to have occurred, unless otherwise specified in the permit or entitlement, or the permit or entitlement shall expire and be deemed void, unless an extension has been granted pursuant to the provisions of this section.
c.
Tentative Map. If the application for the permit or entitlement also involves the approval of a tentative map, the phasing shall be consistent with the tentative map, and the permit or entitlement shall be exercised before the expiration of the companion tentative map.
C.
Extensions of Time.
1.
Application. On the applicant's own motion and on the timely filing of a request for extension by the applicant at least 30 days before the expiration date, the applicable review authority may extend the time to establish the approved permit or entitlement.
2.
Substantial Evidence.
a.
The applicant shall file a written request for an extension of time with the Department, together with the filing fee established by the City's fee resolution.
b.
The review authority that approved the original permit or entitlement shall consider the application for the extension of time. Such review authority shall determine whether the applicant has made a good faith effort to establish the permit. Criteria the review authority shall use to determine whether a good faith effort has been made include, but are not limited to:
c.
The burden of proof shall be on the applicant to establish, with substantial evidence beyond the control of the applicant (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit should be extended.
D.
Maximum Extension. An applicant may request up to three separate 12-month extensions. The maximum period of time that a permit or entitlement may be extended shall not exceed 36 months beyond the expiration of the original approval.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)
A.
Applicability.
1.
A development or land use allowed through a Conditional Use Permit, Home Occupation Permit, Site Development Permit, Temporary Use Permit, or Variance shall be in substantial compliance with the approved drawings and plans, statements (written or oral) made in support of the application, and conditions of approval imposed by the Review Authority, except where changes to the project are approved in compliance with this section.
2.
An applicant shall request desired changes in writing, shall furnish appropriate supporting materials, including an explanation of the reasons for the request; and shall pay the appropriate fee required by the City's fee resolution.
3.
Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to the entitlement (e.g., hours of operation, expansion of use, etc.) as originally proposed by the applicant or approved by the Review Authority.
4.
Changes shall be approved before implementation of the changes and may be requested either before or after construction or establishment and operation of the approved use.
B.
Public Hearing—When Required. If the matter originally required a noticed public hearing, the review authority shall hold a public hearing on the requested change(s) and give notice in compliance with Chapter 17.56 (Public Hearings and Notice).
C.
Minor Changes. The Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use if the changes:
D.
Major Changes. Major modifications are changes to the project that do not meet the definition of minor changes in subsection C, above, of this section. Major changes shall only be approved by the review authority through a new entitlement application or modification and payment of applicable fees and shall be processed in compliance with this Zoning Code.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)
A.
Resubmittals Prohibited within Six Months. For a period of six months following the approval, disapproval, or revocation/modification of a discretionary land use permit or entitlement, no application for the same or substantially similar discretionary permit or entitlement for the same site shall be filed. For the purposes of this section, substantially similar shall mean a use with similar operating characteristic and/or a building or site development involving similar lot coverage, orientation to the streets and surroundings, or layout of proposed structures and other improvements.
B.
Director's Determination. The Director shall determine whether the new application is for a discretionary permit or entitlement that is the same or substantially similar to the previously approved or disapproved permit or entitlement. The determination of the Director may be appealed to the Planning Commission in compliance with Chapter 17.60 (Appeals).
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)