This Chapter provides requirements for implementing or "exercising" the land use permits required by this Zoning Code, including time limits, and time extensions.
(Ord. 3677 § 1, 2004)
The permits required by this Zoning Code shall become effective on the 11th day following the date of the decision of the review authority, provided that no appeal has been filed in compliance with Chapter 20-62 (Appeals). Effective dates regarding subdivision matters are identified in Title 19 (Subdivisions).
(Ord. 3677 § 1, 2004)
City approval of a land use permit in compliance with Chapter 20-52 (Permit Review Procedures) or other provision of this Zoning Code (e.g., a Hillside Development Permit—Section 20-32.060) shall require that the subject land use and/or development be designed, constructed, and operated over the life of the project in compliance with the approved plans, all conditions of approval, and all applicable provisions of this Zoning Code. Changes to an approved project may be considered by the City in compliance with Section 20-54.060 (Changes to an Approved Project).
(Ord. 3677 § 1, 2004)
An applicant may be required by conditions of approval, or by action of the Director, to provide adequate security to guarantee the faithful performance of any conditions of approval imposed by the review authority. The Director shall be responsible for setting the amount of the required security, after consultation with the Building Official. The guarantee shall be in a form acceptable to the City Attorney.
(Ord. 3677 § 1, 2004)
A.
Time limits.
1.
Unless conditions of approval or other provisions of this Zoning Code establish a different time limit, any permit or approval not exercised within 24 months following the date on which the permit or approval was granted shall automatically expire and shall be void, except when associated with an approved Tentative Map in compliance with Subsection (A)(2), or where an extension of time is approved in compliance with Subsection B.
2.
All approved project entitlements, such as a Conditional Use Permit or Hillside Development Permit, associated with an approved Tentative Map shall remain effective concurrent with the period of time the Tentative Map is in effect. If an extension of time is requested for the associated Tentative Map, a similar extension of time for all associated entitlements shall be required and shall be processed concurrently with the Tentative Map extension request.
3.
The permit or approval shall not be deemed "exercised" until the permittee has substantially commenced the approved use on the site in compliance with the conditions of approval or a Building Permit has been issued involving the permit or approval and construction under the permit has commenced and is diligently pursued toward completion on the subject property.
4.
The permit or approval shall remain valid after it has been exercised as long as a Building Permit is active for the project, or a final building inspection or Certificate of Occupancy has been granted.
5.
If a project is to be developed in approved phases, each subsequent phase shall be exercised within 24 months from the date that the previous phase was exercised, unless otherwise specified in the permit or approval, or the permit or approval shall automatically expire and shall be void, except where an extension of time is approved in compliance with Subsection B.
6.
If a land use that was established in compliance with a Conditional Use Permit ceases operation for six months or more, the Conditional Use Permit shall expire.
B.
Extensions of time. Upon written request by the applicant, the Director may extend the time limit established by Subsection A for a permit or approval to be exercised.
1.
The applicant shall file a written request for an extension of time with the Department at least 30 days before the expiration of the permit or approval, together with the filing fee required by the Council's Fee Schedule. Expiration of the permit or approval will be stayed until the decision on the extension request if the request is filed 30 days before the original expiration.
2.
The Director shall determine whether the applicant has made a good faith effort to exercise the permit or approval. The burden of proof is 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 or approval should be extended.
3.
The Director may grant up to four 12-month extensions to the expiration date of the original approval only upon the Director's determination that conditions of the site and in the vicinity are substantially the same as when the permit or approval was originally granted.
(Ord. 3677 § 1, 2004; Ord. 3995 §§ 13, 14, 2012)
Development or a new land use authorized through a permit or approval granted in compliance with Chapter 20-52 (Permit Review Procedures) of this Zoning Code shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project are approved as follows.
A.
Application. An applicant shall submit an application requesting desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.
B.
Review Authority. Table 5-5 identifies the review authority and notice requirements for Changes to an approved project. The Zoning Administrator or the Director may choose to refer any requested change to the original review authority for review and final action.
TABLE 5-5—Changes to an approved project requirements | ||||
|---|---|---|---|---|
Type of Allowed Changes | Review Authority | Notice Requirements | ||
Director | Zoning Administrator | Original Review Authority | ||
Changes to Mobile Food Facilities, Sign Programs, approved single or multi-family residential, residential small lot subdivision, lodging or child care facilities projects that involve only minor modifications to an approved site plan, architecture, or the nature of the approved land use as listed in Subsection C. | ▪ | Notice of Pending Action (See Section 20-54.060(E)) | ||
Changes to all other types of approved projects not listed above that involve only minor modifications to an approved site plan, architecture, or the nature of the approved land use as listed in Subsection C. | ▪ | Public Meeting Notice (see Section 20-66.020(G) and Notice of Action (see Section 20-66.060) unless the previously approved project received a Public Hearing, the project must then be a Public Hearing Notice with a Notice of Action (see Section 20-66.060) | ||
Changes to all types of approved projects that do not qualify for Director and/or Zoning Administrator review listed in Subsection C that involve major modifications to an approved site plan, architecture, or the nature of the approved land use. The Zoning Administrator or the Director may choose to refer any requested change to the original review authority for review and final action. | ▪ | Public Hearing Notice and Notice of Action (see Section 20-66.060) | ||
C.
The Director or Zoning Administrator action. The Director or Zoning Administrator, in compliance with Table 5-5, may authorize one or more changes to an approved site plan, architecture, or the nature of the approved land use where the Director or Zoning Administrator first finds that the changes:
1.
Are consistent with all applicable provisions of this Zoning Code;
2.
Do not involve a feature of the project that was a basis for findings in a negative declaration or environmental impact report for the project;
3.
Do not involve a feature of the project that was a basis for conditions of approval by the review authority (i.e., the Commission or Council) in the project approval; and
4.
Do not result in an expansion of the land use and/or activity.
D.
Changes approved by original review authority. A proposed change that does not comply with the criteria in Subsection C, above, shall only be approved by the original review authority for the project through an amended project application processed in compliance with this Zoning Code utilizing the appropriate application checklist for the original review authority.
E.
Notice of pending action. Prior to taking action on any Director level review for this Section, the Director shall notify by mail nearby property owners and others as set forth in Section 20-66.020C.1. The notice shall state that the Director will decide whether to approve or disapprove the application on a date specified in the notice and shall state the ten-day appeal period window of that decision in accordance with Chapter 20-62, Appeals.
(Ord. 3677 § 1, 2004; Ord. 2024-012, 11/19/2024)
A permit or approval (e.g., Conditional Use Permit, Temporary Use Permit, Variance, etc.) granted in compliance with this Zoning Code shall continue to be valid upon a change of ownership (e.g., of the site, structure, or use that was the subject of the permit or approval application), provided that the use remains in compliance with all applicable provisions of this Zoning Code and any conditions of approval, and the approved use does not cease on the property for six months or more (see Section 20-54.040.A.5).
(Ord. 3677 § 1, 2004)
A.
Purpose. The provisions of this Section determine whether an application required by this Zoning Code that has been denied by the City may be resubmitted immediately or can only be resubmitted after at least 12 months have elapsed since the date of denial.
B.
Types of denial. An application may be denied with or without prejudice.
1.
Denial with prejudice. An application may be denied with prejudice on the grounds that two or more similar applications have been denied in the past 24 months, or that other good cause exists for limiting the filing of applications with respect to the subject property.
2.
Denial without prejudice. A new application affecting or including all or part of the same property may be eligible for consideration within a 12-month period if the denial was made without prejudice.
C.
Resubmittal prohibited within 12 months. If the denial with prejudice or revocation becomes effective, no further application for the denied request or revoked permit shall be filed, in whole or in part, for the ensuing 12 months, except as otherwise specified at the time of denial or revocation, for the same or substantially similar discretionary permit, entitlement, or amendment for the same site.
D.
Director's determination. The Director shall determine whether the new application is for a discretionary permit or other approval which is the same or substantially similar to the previously approved, denied, or revoked permit, entitlement, or amendment.
(Ord. 3677 § 1, 2004)
A.
Applicability. When necessary to achieve the land use goals of the City, the City may require a property owner holding property in common ownership to execute and record a Covenant of Easement in favor of the City.
B.
Form of covenant. The form of the Covenant shall be approved by the City Attorney, and the Covenant of Easement shall:
C.
Recordation. The Covenant of Easement shall be recorded in the County Recorder's Office.
D.
Effect of covenant. From and after the time of its recordation, the Covenant of Easement shall:
1.
Act as an easement, except that it shall not merge into any other interest in the real property; and
2.
Impart notice to all persons to the extent afforded by the recording laws of the State. Upon recordation, the burdens of the Covenant shall be binding on, and the Covenant shall benefit, all successors-in-interest to the real property.
E.
Enforceability of covenant. The Covenant of Easement shall be enforceable by the successors-in-interest to the real property benefitted by the Covenant and the City. Nothing in this Section creates standing in any person, other than the City, and any owner of the real property burdened or benefitted by the Covenant, to enforce or to challenge the Covenant or any requested amendment or release.
F.
Release of covenant. The release of the Covenant of Easement may be effected by the Commission, or the Council on appeal, following a noticed public hearing in compliance with Chapter 20-66 (Public Hearings).
1.
The Covenant of Easement may be released by the City, at the request of any person, including the City or an affected property owner, on a finding that the Covenant, on the subject property, is no longer necessary to achieve the land use goals of the City.
2.
A notice of the release of the Covenant of Easement shall be recorded by the Director with the County Recorder's Office.
G.
Fees. The City shall impose fees to recover the City's reasonable cost of processing a request for a release. Fees for the processing shall be established by the Council's Fee Schedule.
(Ord. 3677 § 1, 2004)
An approved land use permit or Variance may be revoked, or the conditions of approval or other provisions of the permit or Variance may be modified in compliance with this Section.
A.
Hearings and notice.
1.
The review authority shall hold a public hearing to revoke or modify an application, permit, or Variance granted in compliance with the provisions of this Zoning Code.
2.
Ten days before the public hearing, notice shall be mailed to the applicant and/or owner of the property for which the permit or Variance was granted, in compliance with Chapter 20-66 (Public Hearings).
3.
Notice shall be deemed delivered two days after being mailed, certified and first class, through the United States Postal Service, postage paid, to the owner as shown on the County's current equalized assessment roll and to the project applicant, if not the owner of the subject property.
B.
Review authority action.
1.
Land use permits. A land use permit may be revoked or modified by the review authority which originally approved the permit (e.g., Zoning Administrator, Commission, or Council), or the equivalent City review authority for permits originally approved by the County, after first making one or more of the following findings:
a.
Circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings required to grant the original permit can no longer be made;
b.
Permit issuance was based on misrepresentation by the applicant, either through the omission of a material statement in the application, or in public hearing testimony;
c.
One or more conditions of approval have been violated, or have not been complied with or fulfilled;
d.
The use or structure for which the permit was granted no longer exists or has been discontinued for a continuous period of at least 180 days, as defined in Chapter 20-61 (Nonconforming Uses, Structures, and Parcels);
e.
Failure or refusal to allow inspections for compliance; or
f.
Improvements authorized by the permit are in violation of any code, law, ordinance, regulation, or statute, or the use or structure is being operated or maintained in a manner which constitutes a nuisance.
2.
Variances. A Variance (including Minor Variances) may be revoked or modified by the review authority which originally approved the Variance (e.g., Zoning Administrator, Commission, or Council), or the equivalent City review authority for Variances originally approved by the County, after first making one or more of the following findings, in addition to those outlined in Subsection B.1 (Land use permits), above:
a.
Circumstances under which the Variance was granted 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 Variance; or
b.
One or more conditions of approval have been violated, or have not been complied with or fulfilled, and the grantee has not substantially exercised the rights granted by the Variance.
3.
Modification. Upon a finding that the land use or structure is operated or maintained in a manner constituting or causing a nuisance, the review authority which originally approved the permit or Variance, as an alternative to revocation, may modify the permit or Variance and impose additional conditions and/or may modify the existing conditions of the permit or Variance if the review authority finds that the grounds constituting or causing the nuisance would thereby be corrected or cured.
C.
Effect of revocation. The revocation of a land use permit or Variance shall have the effect of terminating the approval and denying the privileges granted by the original permit or Variance.
(Ord. 3677 § 1, 2004)