This chapter provides requirements for the implementation or
"exercising" of the permits or approvals required or offered by this
Zoning Code, including time limits and procedures for approving extensions
of time.
(Ord. 1976 § 2, 2019)
A.
Compliance.
All work performed under a Building Permit for which project drawings
and plans have received approval by the Director, Commission, or Board
shall be in full compliance with the approved drawings and plans,
and any conditions of approval imposed by the applicable Review Authority.
B.
Changes. Changes to an approved project shall be submitted and processed in compliance with Section 18.130.090 (Changes to an Approved Project).
(Ord. 1976 § 2, 2019)
A.
Approvals,
Permits, and Variances.
1.
A Reasonable Accommodation, Temporary Use Permit, and Zoning Clearance
shall become effective immediately following its approval/issuance.
2.
An Administrative Permit, Conditional Use Permit, Minor Deviation, Minor and Major Modification, Planned Development Permit, Site Plan and Design Review, or Variance shall become effective on the 10th calendar day following the actual date the decision was rendered by the applicable Review Authority, unless an appeal is filed in compliance with Chapter 18.144 (Appeals) prior to the effective date.
3.
Denial of a request for approval, permit, or Variance becomes effective
the date of denial.
B.
Agreements,
Plans, and Amendments.
1.
Board actions to adopt or amend a development agreement, a specific
plan (adopted by ordinance), this Zoning Code, or the Zoning Map shall
become effective on the 30th day following the date the ordinance
is actually adopted by the Board. For example, an ordinance adopted
on October 1st will become effective on October 31st.
2.
Board actions to adopt or amend the General Plan or a specific plan
(adopted by resolution) shall become effective upon the adoption of
the resolution by the Board.
C.
Issued
on the Effective Date.
1.
Permits, certificates, and/or other approvals shall not be issued until the effective date specified in subsections A (Approvals, Permits, and Variances) and B (Agreements, Plans, and Amendments); provided, that no appeal of the Review Authority's decision has been filed, in compliance with Chapter 18.144 (Appeals).
2.
Public Resources Code Sections 21167—21167.8, inclusive, specify
the applicable time constraints for CEQA compliance. Failure by the
applicant to comply with all applicable CEQA time constraints places
the burden on the applicant for being responsible for all associated
risks.
(Ord. 1976 § 2, 2019)
A.
Applicable
Provisions. Any application deemed approved by operation of law in
compliance with Government Code Section 65956(b) shall be subject
to all applicable provisions of this Zoning Code, which shall be fully
satisfied by the applicant before a Building Permit is issued or a
land use not requiring a Building Permit is exercised or established.
B.
Public Hearing. An application that is required to have a public hearing shall be deemed approved only if the application received proper notice in compliance with Chapter 18.146 (Public Notices and Hearings) and Government Code Section 65956(b).
(Ord. 1976 § 2, 2019)
A.
Run With the Land. An Administrative Permit, Conditional Use Permit, Minor Deviation, Minor and Major Modification, Planned Development Permit, Site Plan and Design Review, Temporary Use Permit, or Variance that is approved in compliance with Chapter 18.112 (Application Processing Procedures) shall be deemed to run with the land through any change of ownership of the subject site, from the effective date of the permit, except in any case where a permit expires and becomes void in compliance with Section 18.130.070 (Expiration) or as specified in this Code.
B.
Conditions
Shall Apply. All applicable conditions of approval shall continue
to apply after a change in property ownership.
(Ord. 1976 § 2, 2019)
A.
Deposit
of Security.
1.
As a condition of approval of an Administrative Permit, Conditional
Use Permit, Minor Deviation, Minor and Major Modifications, Planned
Development Permit, Reasonable Accommodation, Site Plan and Design
Review, Temporary Use Permit, or Variance, upon a finding that the
County's health, safety, and welfare warrant, the Review Authority
may require the execution of a covenant to deposit security in a reasonable
amount to ensure the faithful performance of one or more of the conditions
of approval of the permit in the event that the obligor fails to perform.
2.
The applicant/owner may offer to provide adequate security for the
faithful performance of a condition(s) of approval imposed as part
of the approval process if the Director determines that the condition(s)
may be implemented at a later specified date (e.g., inability to install
required landscaping due to weather conditions).
3.
The security shall, as required by law or otherwise at the option
of the County, be in a form acceptable to the County.
4.
The security shall remain in effect until all of the secured conditions
have been performed to the satisfaction of the Director, in conjunction
with the County Engineer, where applicable.
5.
Security required in compliance with this section shall be payable
to the County.
B.
Release
of Security. Upon satisfactory compliance (as determined by the Director)
with all applicable provisions of the conditions specified in the
approval/permit, the security shall be released.
C.
Failure
to Comply.
1.
Upon failure to perform any secured condition(s), the County may
perform the condition, or cause it to be done, and may collect from
the obligor all costs incurred, including administrative, engineering,
legal, and inspection costs, including any additional costs exceeding
the security deposit, and measurable costs for administration.
2.
Any unused portion of the security shall be refunded to the obligor
after deduction of the cost of the work.
(Ord. 1976 § 2, 2019)
A.
Expiration
of Permit or Approval. Unless otherwise specified in the permit or
approval, all permits and approvals for projects not subject to the
Map Act shall comply with the following expiration provisions:
1.
Shall Be Exercised.
a.
To ensure continued compliance with the provisions of this Zoning Code, the permit or approval shall be exercised within 12 months following the date of approval, unless, by conditions of the permit or approval, a different (either greater [up to a maximum of 24 months] or lesser) time is prescribed, or the permit or approval shall be deemed void, unless an extension is approved by the applicable Review Authority, in compliance with Section 18.130.080 (Time Extensions).
b.
Any time limit set by the applicable Review Authority shall be reasonable
based upon the size and the nature of the proposed project.
c.
If after construction commencement, work is discontinued for a minimum
period of 180 days, the permit or approval shall expire and be deemed
void.
2.
Allowable Phasing.
a.
Where the permit or approval provides for development in two or more
phases or units in sequence, the permit or approval shall not be approved
until the Review Authority has approved the final phasing plan for
the entire project site. The project applicant shall not be allowed
to develop one phase in compliance with the pre-existing base zone
and then develop the remaining phases in compliance with this section
without prior Review Authority approval.
b.
Pre-Approved Phases.
(1)
If a project is to be built in pre-approved phases, each subsequent
phase shall have 12 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 approval,
or the permit or approval shall expire and be deemed void.
(2)
If the application for the permit or approval also involves
the approval of a tentative map, the phasing shall be consistent with
the tentative map.
3.
Shall Be Exercised before Expiration. A permit or approval shall
be exercised before its expiration. The permit or approval shall not
be deemed exercised until the applicant has:
a.
Obtained a Building Permit and continuous on-site construction activity
including pouring of foundations, installation of utilities, or other
similar substantial improvement has commenced and diligently pursued
toward completion; or
b.
Obtained a Grading Permit and has completed a significant amount
of on-site grading, as determined by the Director, in preparation
for the work described in subparagraph (A)(3)(a); and
c.
Diligently continued the approved grading and construction activities
in a timely manner in compliance with the subject Building or Grading
Permit and not lapsed for longer than allowed by subparagraph (A)(1)(c);
or
d.
Actually implemented the allowed land use, in its entirety, on the
subject property in compliance with the conditions of approval.
B.
Effect
of Expiration. Where the permit or approval has expired and/or has
been deemed void:
1.
No further action is required by the County;
2.
No further reliance may be placed on the previously approved permit
or approval;
3.
The applicant shall have no rights previously granted under the permit
or approval;
4.
The applicant shall file a new application(s) and obtain all required
approvals before construction can commence or an allowable use may
be implemented; and
5.
Any security provided by the applicant under the previously approved
permit or approval may be used by the County to provide suitable protection
from any harm that may result from the terminated development.
(Ord. 1976 § 2, 2019)
A.
Director's
Action to Extend.
1.
The Director shall have the authority to extend the period specified in Section 18.130.070 (Expiration) above, for up to two additional 12-month periods.
2.
The applicant's written request for an extension of time shall be
on file with the Department at least 30 days before expiration of
the permit or approval, together with the filing fee required by the
Fee Schedule.
B.
Director Denies Extension. In the event the Director denies the request for extension, the applicant may, within 10 days of the decision, appeal the decision in compliance with Chapter 18.144 (Appeals).
C.
Required
Findings. An extension of the permit or approval may be granted only
if the Director first makes all the following findings:
1.
There have been no changes in circumstances or law that would preclude
the Director from making the findings upon which the original approval
was based; and
2.
Appropriate evidence has been provided by the applicant to document
that the extension is required due to a hardship that was not the
result of personal action(s) or lack of action(s) undertaken by the
applicant.
D.
Further Extensions. An application for an extension of the permit or approval more than 36 months following the original date of approval (original 12 months plus up to two additional 12-month periods) shall be treated as a new application which shall be filed in compliance with Chapter 18.112 (Application Processing Procedures).
E.
Discretionary
Action. The granting of an extension of a discretionary permit or
approval is not a matter of right and the Review Authority may deny
the application or grant the application subject to new or different
conditions.
(Ord. 1976 § 2, 2019)
A.
Application.
1.
Shall Be in Compliance with the Approved Drawings and Plans. A development
or new land use allowed through an Administrative Permit, Conditional
Use Permit, Minor Deviation, Minor and Major Modifications, Planned
Development Permit, Reasonable Accommodation, Site Plan and Design
Review, Temporary Use Permit, or Variance shall be in substantial
compliance with the approved drawings and plans, and any conditions
of approval imposed by the Review Authority, except where changes
to the project are approved in compliance with this section.
2.
Request Desired Changes in Writing. An applicant shall request desired
changes in writing and shall also furnish appropriate supporting materials
and an explanation of the reason(s) for the change(s).
3.
Type of Changes Allowed. Requested modifications may involve changes
to one or more conditions imposed by the Review Authority or actual
changes to the operation, use, or physical characteristics of the
project (e.g., hours of operation. expansion of a use) as originally
proposed by the applicant or approved by the Review Authority.
4.
Shall First be Approved by Review Authority. Modifications shall
not be implemented until first approved by the applicable Review Authority
in compliance with this section and may be requested either before
or after construction or establishment and operation of the approved
use.
B.
Notice
of Hearing, if Required.
1.
If the original matter required a noticed public hearing, the Review Authority shall hold a public hearing, except for the minor changes/modifications outlined below (See subsection C (Minor Changes/Modifications by Director)), and shall give notice, in compliance with Chapter 18.146 (Public Notices and Hearings).
2.
If the original matter did not require a noticed public hearing,
the Review Authority shall not be required to hold a public hearing.
C.
Minor
Changes/Modifications by Director. The Director may authorize minor
modifications to an approved permit's site plan, architecture, or
the nature of the approved use only if the changes:
1.
Are consistent with all applicable provisions of this Zoning Code
and the spirit and intent of the original approval:
2.
Do not involve a feature of the project that was:
a.
A basis for findings in a Negative Declaration, Mitigated Negative
Declaration, or Environmental Impact Report for the project,
b.
A basis for conditions of approval for the project, or
c.
A specific consideration by the Review Authority (e.g., the Director,
Commission, or Board) in granting the permit or approval;
3.
Do not involve any expansion or intensification of the use or structure
in terms of the area, space, or volume occupied by the use, number
of on-site employees, daily vehicle traffic, or business or production
output;
4.
Would not result in a significant effect on the environment; and
5.
Would not be materially detrimental to other properties or land uses
in the area.
D.
Major
Changes/Modifications. All other changes would be considered major
modifications and would include changes to the project involving features
specifically described in paragraphs (C)(2) through (5) (Minor Changes/Modifications
by Director), and shall only be approved by the original Review Authority
through a new application, processed in compliance with this Zoning
Code.
(Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020)
A.
Full
Understanding and Acceptance. The applicant, upon receipt of the approved
copy of the permit with attached conditions, shall execute an Acknowledgement
and Acceptance of Conditions agreement with the County, certifying
full understanding and acceptance of the final conditions of approval.
B.
Signed
and Dated. The applicant shall return the Acknowledgement and Acceptance
of Conditions agreement to the Department, properly signed and dated,
within 30 days following the date of the acknowledgement.
(Ord. 1976 § 2, 2019)
