This chapter lists the approvals required by this title, describes
how applications shall be processed by the Planning Department, and
what information must be included with an application. This chapter
also sets time limits for application processing, the establishment
of approved land uses, commencement of construction and project completion.
Chapter 9-3 of this title determines what entitlement is required
within a given zoning district to enable establishment of a land use
which is allowed by this title.
(Ord. 68 § 9-2.101, 1983)
Within the time periods specified by subsections (a) and (b)
of this section, the Community Development Director or designee shall
determine whether an application includes the information required
by this chapter, and shall notify the applicant if the application
is incomplete. The applicant shall be informed by a letter that the
application is incomplete and that additional information, specified
in the letter, must be provided to make the application complete.
(a)
Plot
Plans. A plot plan application shall not be accepted for processing
unless it is determined to be complete at the time of filing;
(b)
Precise
Plans and Conditional Use Permits. The timeframe for determination
of completeness shall be consistent with the State of California's
Permit Streamlining Act. In the event that the Director or designee
does not make such a determination, the application shall be considered
complete and processing of the environmental document required by
the California Environmental Quality Act (CEQA) shall commence.
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When an applicant is notified that a submitted application is incomplete, the time used by the applicant for preparation and submittal of the required additional information shall not be considered part of the period within which the Director or designee must complete the determination of completeness. The time available to an applicant for preparation and submittal of additional information is limited by Section 9-2.121.
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(Ord. 68 § 9-2.102, 1983; Ord. 524 § 2, 2008)
The Planning Director may find that unusual characteristics
of a project site or the nature of a project make it infeasible or
unnecessary for the applicant to submit all of the information for
an application required by this title. In such cases, the Planning
Director may waive or reduce the requirements if it is also found
that the absence of such information will not reduce the ability of
the Planning Director to evaluate the compliance of the proposed project
with the standards of this title.
(Ord. 68 § 9-2.103, 1983)
Planning Department review of applications may include notification
of the agencies listed below when required by this title or when otherwise
deemed necessary by the Planning Director. The purpose of the notification
is to inform interested agencies of proposed projects which may affect
their jurisdictions so that such agencies may provide comments on
project proposals.
(a)
Air
Pollution Control District (APCD). To be notified of applications,
except for single-family residences and business licenses, which propose
to establish, construct, modify, alter or replace any article, machine
equipment or continuance which involves combustion or use of hydrocarbons
or other air contaminants;
(b)
City
Engineering Department. To be notified of applications regarding matters
of drainage, flood hazards, water and sewer facilities, public street
access and improvements;
(c)
City
Fire Department. To be notified of applications regarding matters
of fire protection;
(d)
Regional
Water Quality Control Board. To be notified of applications, except
for single-family residences and business licenses, which may affect
ground water quality because of proposed methods of disposal, large
volumes of waste-water, or disturbance of natural soil contours.
(Ord. 68 § 9-2.104, 1983)
Whenever a proposed project involves multiple uses, project
approval may be obtained by a single application for the highest entitlement
level required for any of the individual uses. For example, a commercial
center of several stores, proposed to contain a use requiring conditional
use permit approval, and two uses requiring plot plan approval, may
be authorized by a single conditional use permit.
(Ord. 68 § 9-2.105, 1983)
(a)
Purpose
of Review. The Planning Department reviews business license applications
to verify compliance with City regulations, as required by Title 6
of this Code. These standards are applicable to business license applications
that:
(b)
Standards
for Business License Clearance.
(1)
New Licenses. Approval of new business license applications reviewed
by the Planning Department shall satisfy the following criteria:
(i)
Use. The proposed use is allowed in the zoning district in which
the use is to be located.
(ii)
Structure. The structure conforms to all applicable requirements
of Title 8, as evidenced by a certificate of occupancy.
(iii)
Violation. The proposed site and any structures or land uses
existing on the site shall not be in violation of any applicable provision
of this title except for nonconforming uses pursuant to Chapter 9-7.
(2)
Reuse of Existing Structures. Approval of a business license application
that proposes establishment of a different business in an existing
building or structure shall be subject to the provisions of subsection
(b)(1) of this section, and in addition shall be subject to the following:
(3)
New Uses. Approval of a business license for the first occupancy
of a new building or structure shall require compliance with all provisions
of this title.
(Ord. 68 § 9-2.106, 1983)
(a)
Purpose.
The Design Review Committee is established to implement the goals
and policies of the General Plan. The intent is to ensure that the
physical design of new development meets the following objectives:
(1)
Maintaining the rural character and identity of Atascadero;
(2)
Enhancing the appearance and character of the City, by reviewing
the architecture and site plans for commercial, office, industrial,
single-family residential subject to CEQA and multifamily residential
projects;
(3)
Ensuring that development is compatible with surrounding uses and
improvements by requiring building designs that provide appropriate
visual appearance and site plans to mitigate neighborhood impacts.
(b)
Design
Review Committee—Composition. The City Council shall appoint
the Design Review Committee. The Design Review Committee shall consist
of the following:
(c)
Terms
of Service. The Design Review Committee members from the City Council
and Planning Commission shall serve a two year term. This service
term shall commence at the date of appointment. The at large member
resident shall have a service term of two years. This term shall begin
at the date of appointment by the City Council.
(d)
Authority.
The Design Review Committee has the authority to approve and make
recommendation in regards to the architectural appearance, signage,
site plan and landscape plan of the following projects:
(1)
All multifamily residential projects;
(2)
All nonresidential projects, including commercial, office, mixed-use,
and industrial developments;
(3)
All public facility projects and buildings;
(4)
Development in an open space zoning district;
(5)
Any residential single-family residential development requesting
a planned development permit;
(6)
Development projects requiring a conditional use permit, zone change
or general plan amendment.
(e)
Meeting.
The Design Review Committee shall convene once a week, as needed.
This meeting shall consist of the Committee, the Community Development
Director, pertinent City staff members and the applicant.
(f)
Appearance
Review Approval. The Design Review Committee shall take into consideration
the following criteria in either approving the design of a project
or making recommendations for projects that require Planning Commission
approval. The Design Review Committee may require or recommend additional
conditions of approval. The following is a list of criteria that the
Design Review Committee shall take into consideration:
(1)
The goals and policies established by the General Plan;
(2)
Guidelines and standards for development set forth by the Appearance
Review Manual;
(3)
The proposed development plan is compatible with, and is not detrimental
to, surrounding land uses and improvements provide appropriate visual
appearance.
(g)
Determination.
(1)
The Community Development Director shall provide the applicant with
correspondence regarding the outcome of the meeting, including any
additional conditions of approvals that is required or recommended
by the Committee.
(h)
Compliance.
All requirements imposed by the Design Review Committee shall be incorporated
into a building permit and completed prior to permit final. Failure
to comply with the requirements of the Design Review Committee constitutes
a violation of this code.
(i)
Appeals. Appeals of decisions from the Design Review Committee shall be made to the Planning Commission and filed within fourteen days (14) days of the Design Review Committee's decision. Any additional appeals shall be consistent with Section 9-1.111 of this chapter. If the Design Review Committee cannot reach a decision on a design review issue, the Committee may refer this issue to the Planning Commission.
(Ord. 552 § 2, 2010; Ord. 635 § 5, 2020)
A plot plan is a ministerial approval. When a plot plan is required by this title to authorize a project proposal, its approval certifies that the land use or development will satisfy all applicable provisions of this title. Plot plan approval is required when a development or use of land is listed in a particular zoning district as an allowable use and when it is determined by the Planning Director that the development project, or the establishment of a use of land which is not a development project, is eligible for a categorical exemption pursuant to Public Resources Code Section 21084 and the State EIR Guidelines. Approval of a plot plan enables issuance of a building permit under Title 8 of this code, or the establishment of a land use which does not require a building permit, but is still subject to the standards of this title.
(a)
Plot Plan Application. Plot plan applications shall include the forms provided by the Planning Department, and the drawings listed in subsection (b) of this section. Drawings must be neatly and accurately prepared and at a scale acceptable to the Planning Director which will enable ready identification and recognition of submitted information.
(b)
Plot
Plan Content. Drawings filed with plot plan applications shall include
the following, using multiple sheets if necessary:
(1)
Site Location and Dimensions. Location, exterior boundaries and dimensions
of the entire property which is the subject of the application shall
be depicted. The scale of the drawing and a north arrow shall be indicated.
An area location map showing the proposed project site and its distance
from nearby cross streets, and natural or man-made landmarks, as necessary
to readily locate the site, may be included.
(2)
Street Improvements. The location, name, width, and pavement type
of adjacent street(s) or alleys as well as the location of existing
or proposed curbs, gutter or sidewalk improvements, if any, shall
be indicated.
(3)
Buildings and Structures. The location, dimensions, and use of all
existing and proposed structures on the property, including accessory
structures, decks, balconies, fences, walls and other structural elements
that protrude into yard areas shall be indicated. When the use of
a proposed structure is not certain at the time of application, the
occupancy-type as defined by the Uniform Building Code may be substituted
for use. The height of buildings and structures and elevations (relative
height) of the finish floor to the edge of the pavement or road at
the driveway entrance shall be shown.
(4)
Utilities. The location, dimensions and type of utilities proposed
including water supply, sewage disposal facilities, electricity, gas
or similar shall be shown.
(5)
On-Site Improvements. The location and dimensions of existing or
proposed driveways and parking areas (enclosed or open), including
type of surfacing materials, and identification of any driveway grades
over 12% shall be made. The location and dimensions of areas proposed
for grading and landscaping shall also be indicated.
(6)
Landforms. The generalized location of any major topographic or man-made
features on the site, such as rock outcrops, bluffs, streams and watercourses,
or graded areas shall be shown.
(7)
Additional Information. Shall be included with plot plan applications
in the following specific cases:
(iii)
Sign Information. When any use is proposed to have signs, a
description of their location, size, design and copy shall be provided;
(iv)
Trees. Applications shall show the location of trees existing on
the site in or within 50 feet of the area proposed for grading or
other construction, which are eight inches or larger in diameter at
four feet above natural grade. Trees proposed to be removed shall
be specifically identified. Any tree removal is subject to the requirements
of Chapter 9-11.
(c)
Plot
Plan Review and Approval. The Planning Director shall approve a plot
plan application when the proposed project or use satisfies all applicable
provisions of this title.
(Ord. 68 § 9-2.107, 1983; Ord. 552 § 2, 2010; Ord. 614 § 4, 2017)
Precise plan approval is required when a development or use
of land is listed in a particular zoning district as an allowable
use and when it is determined by the Planning Director that the development
project, or the establishment of a use of land which is not a development
project, is not eligible for a categorical exemption pursuant to Public
Resources Code Section 21084 and the State EIR Guidelines. Precise
plans consider the greater effects such uses may have upon their surroundings,
and the characteristics of adjacent uses which could have detrimental
effects upon a proposed use. Large-scale projects (multiple-family
developments containing 12 or more units, or nonresidential projects
containing 10,000 square feet or more of building or outdoor storage
area) will require conditional use permit approval even if such uses
are listed as allowable uses in a particular zoning district. The
preparation and processing of a precise plan shall be as follows:
(a)
Precise Plan Content. Precise plan applications shall include an application prepared as specified in Section 9-2.109, as well as the following:
(1)
Preliminary Floor Plan. For all structural uses except single-family
residences and agricultural accessory buildings; and
(2)
Architectural Elevations. For all structural uses except single-family
residences and agricultural accessory buildings. Elevations, renderings
or perspectives of each proposed structure shall be provided, identifying
all exterior finish and roofing materials; and
(4)
Landscaping Plan. To be prepared as required by Section 9-4.124, for all uses, except single-family residences and agricultural accessory buildings; and
(5)
Contour Map. To be prepared as follows, except when a grading plan is required by Section 9-4.138:
(i)
Inside Urban Services Line. Site contour information shall be provided
at five foot intervals for undeveloped areas and two foot intervals
for building sites and paved or graded areas.
(ii)
Outside Urban Services Line. Site contour information shall be provided
at 10 foot intervals, which may be interpolated from USGS Topographic
Quandrangel Maps, for undeveloped areas, and at two foot intervals
for building sites and paved or graded areas.
(iii)
Areas in excess of 30% slope may be designated as such and contours
omitted, unless proposed for grading, construction or other alteration.
(6)
Supplementary Development Statement. Shall include a phasing schedule
for project construction if one is proposed and identification of
any areas proposed to be reserved and maintained as common open space.
Applications for special uses (Chapter 9-6) shall include explanation
of how the applicable provisions of Chapter 9-6 will be met.
(b)
Precise
Plan Processing. Precise plan applications shall be submitted to the
Planning Department and shall be processed as follows:
(1)
Environmental Determination. A precise plan application accepted for processing as set forth in Section 9-2.102 shall receive an environmental determination as required by the California Environmental Quality Act (CEQA). The Planning Department shall process the application concurrently with the environmental determination.
(2)
Staff Report. The Planning Department shall prepare a staff report
which:
(i)
Describes the characteristics of the proposed land use or development
project, as well as the project site and its surroundings; and
(ii)
References applicable policies and regulations; and
(iii)
Determines whether the proposed use or project complies with
the provisions of this title; and
(iv)
Sets forth any findings required to support the decision. Approval or conditional approval requires findings as set forth in Section 9-2.110(b)(3)(iv)9-2.110(b)(3)(iv) for conditional use permits; and
(v)
Specifies any conditions necessary to assure compliance with this
title or the mitigated adverse environmental effects.
(3)
Public Notice. After the staff report has been prepared, a notice
shall be sent by first class mail with postage prepaid to all persons
whose names and addresses appear on the last equalized assessment
roll as owning property adjacent to the exterior boundaries of the
project site. Additional notice may be provided when appropriate by
the Planning Director. The notice shall describe the proposed use
and explain how interested people may obtain additional information
about the project. The notice shall inform the property owners in
the vicinity of a precise plan proposal of their opportunities to
review, comment upon, and appeal the approval of the project, if desired.
(4)
Review and Approval. The Planning Director shall approve a precise
plan application at the end of the public notice period when the proposed
project or use satisfies all applicable provisions of this title.
The approval shall become effective for the purpose of issuance of
a building or grading permit, or establishment of a use not involving
construction, 14 days after the notice has been sent, unless an appeal
is filed with the Planning Department as set forth in subsection (b)(5)
of this section.
(5)
Appeal of Precise Plan Decision. Any aggrieved person may appeal a decision on a precise plan application as set forth in Section 9-1.111; provided, that the only basis for an appeal or action on an appeal by the Planning Commission or City Council shall be whether the proposed use satisfies all applicable provisions of this title.
(Ord. 68 § 9-2.108, 1983; Ord. 149 § 2, 1987; Ord. 170 § 2, Exh. A, 1988; Ord. 552 § 2, 2010)
(a)
The
conditional use permit is the process used to review land use proposals
of a nature or magnitude which could significantly affect their surroundings.
Such land use proposals include:
(1)
Uses that are shown as conditional uses in a particular zoning district;
or
(2)
Multiple-family residential developments consisting of 12 or more
units, even if such a development is listed as an allowed use in a
particular zoning district; or
(3)
Nonresidential development containing 50,000 square feet or more
of building footprint area, even if such a development is listed as
an allowable use in a particular zoning district; or
(b)
Because
of the intensity of such uses, public review and input into decisions
on whether to approve such proposals is needed. That input is given
in a public hearing before the Planning Commission. The conditional
use permit is a discretionary approval and the Planning Commission
may approve or disapprove a conditional use permit or may adopt additional
conditions of approval. Conditional use permit applications may be
denied by the Planning Commission because of specific findings identified
through public hearing testimony or because of provisions of this
title. When conditional use permit approval is required, preparation
and processing of the application shall be as follows:
(1)
Conditional Use Permit Content. The content of a conditional use permit application is to be the same as required for the precise plan use by Section 9-2.109(a).
(2)
Conditional Use Permit Processing. Conditional use permit applications
shall be submitted to the Planning Department and shall be processed
as follows:
(i)
Environmental Determination. A conditional use permit application accepted for processing as set forth in Section 9-2.102 shall receive an environmental determination as required by the California Environmental Quality Act (CEQA). The Planning Department shall process the application concurrently with the environmental determination.
(ii)
Staff Report. The Planning Department shall prepare a staff report
which:
a.
Describes the characteristics of the proposed land use or development
project, as well as the project site and its surroundings; and
b.
References applicable policies and regulations; and
c.
Determines whether the proposed use or project satisfies at minimum
the provisions of this title; and
d.
Recommends whether, and on what basis the proposal should be approved,
conditionally approved or disapproved.
(3)
Approval. The authority to take final action on a conditional use permit as set forth in this subsection is assigned to the Planning Commission, provided that such decisions may be appealed to the City Council (Section 9-1.111, Appeal).
(i)
Conditions of Approval. After the conclusion of a public hearing,
the Planning Commission may approve, conditionally approve, or disapprove
the conditional use permit. In conditionally approving a conditional
use permit, the Planning Commission shall designate such conditions
to satisfy any requirements of CEQA, and to:
(ii)
Additional Conditions. In addition to the conditions of Section 9-2.110(b)(3)(i)9-2.110(b)(3)(i), the Planning Commission may adopt other conditions, including, but not limited to:
a.
Requiring that security be provided to guarantee performance and/or compliance with conditions of approval, as set forth in Section 9-2.121;
b.
Requiring installation of specific on-site or off-site improvements;
c.
Requiring periodic review or limiting the permit to a specified period
of time;
d.
Requiring that the permit be personal to the applicant or be applicable
to the property;
e.
Any other conditions as are judged by the Planning Commission to
be necessary to achieve compatibility between the proposed use and
its site, its immediate surroundings, and the community.
(iii)
Effect of Conditions. Whenever a conditional use permit approval is granted or amended subject to conditions, use or enjoyment of the conditional use permit approval in violation, or without observance of any conditions shall constitute a violation of this title. In the event of such a violation, the approval may be revoked or modified as provided in Section 9-8.105. The duration of conditions is established in Section 9-2.118. Any change in the conditions of approval of a conditional use permit shall only be allowed after following all procedures undertaken for the original approval.
(iv)
Required Findings. If the Planning Commission approves or conditionally
approves a conditional use permit, it shall first find that:
a.
The proposed project or use is consistent with the General Plan;
and
b.
The proposed project or use satisfies all applicable provisions of
this title; and
c.
The establishment, and subsequent operation or conduct of the use
will not, because of the circumstances and conditions applied in the
particular case, be detrimental to the health, safety or welfare of
the general public or persons residing or working in the neighborhood
of the use, or be detrimental or injurious to property or improvements
in the vicinity of the use; and
d.
The proposed project or use will not be inconsistent with the character
of the immediate neighborhood or contrary to its orderly development;
and
e.
The proposed use or project will not generate a volume of traffic
beyond the safe capacity of all roads providing access to the project,
either existing or to be improved in conjunction with the project,
or beyond the normal traffic volume of the surrounding neighborhood
that would result from full development in accordance with the land
use element; and
f.
The proposed project is in compliance with any pertinent city policy
or criteria adopted by ordinance or resolution of the city council;
and
g.
Any additional findings deemed necessary.
(4)
Effective Date. The approval of a conditional use permit shall become final and effective for the purposes of issuing a construction permit or establishing a nonstructural use 14 days following the Planning Commission approval unless prior to that time an appeal to the decision is filed as set forth in Section 9-1.111(b).
(Ord. 68 § 9-2.109, 1983; Ord. 149 § 2, 1987; Ord. 170 § 2, Exh. A, 1988; Ord. 552 § 2, 2010; Ord. 614 § 4, 2017)
A land use or development project authorized through a zoning
approval shall be developed or established only as shown on the project
plans approved as part of the application. Deviation of the project
design or construction from the approved plans may occur only as follows:
(a)
Except as provided by subsection (b) of this section, a feature of the use or project which is subject to the standards of Chapters 9-4 and 9-6 may be modified provided that the change requested is in conformity with the standards of this title. Such change shall be requested in writing with appropriate supporting materials and explanation of the reasons for the request. The Planning Director may approve a requested change upon verification of its conformity with this title, provided that such approval shall not modify the effective date of the approval (Section 9-2.112).
(b)
In
the case of a project feature which is subject to conditions of approval
of a conditional use permit, or was a specific consideration in the
approval of a conditional use permit, a new conditional use permit
approval shall be obtained.
(Ord. 68 § 9-2.112, 1983; Ord. 552 § 2, 2010)
(a)
An
approved plot plan is valid for the time limits established by Title
8 governing building permits. An approved precise plan or conditional
use permit, when not part of a planned development with an approved
corresponding tentative map, is valid for 24 months after its effective
date, unless otherwise provided by adopted conditions. At the end
of the 24 months the approval shall expire and become null and void
unless:
(b)
If
a conditional use permit has been approved as part of a planned development
with a corresponding tentative map, the life of the conditional use
permit shall run with the map and shall only expire if the map expires.
Time extensions for the map shall also extend the time of the corresponding
conditional use permit. Conditional use permits which correspond with
a tentative map shall remain active and shall not expire once the
map is recorded. This provision shall apply retroactively and, as
a result, any conditional use permit which expired prior to the effective
date of the ordinance codified in this section, but which was approved
as part of a planned development with a corresponding tentative map
that is still active, shall no longer be considered expired but shall
instead be deemed active and subject to expiration only if and when
the corresponding map expires without having been recorded.
(c)
Endorsement
or approval by the Design Review Committee shall be valid for a period
of 12 months, unless otherwise provided by adopted conditions. At
the end of the 12 months, the endorsement/approval shall expire and
become null and void unless:
(1)
A complete construction permit for the majority of the development
has been applied for and has not expired;
(3)
An extension has been granted consistent with the following:
(i)
The Planning Director may grant two six month extensions. Additional
exceptions may be granted by the Design Review Committee.
(ii)
An extension shall be requested in writing on or before the date
of expiration of the approval/endorsement.
(iii)
The following findings shall be made to grant an extension:
a.
There have been no changes to the provisions of the General Plan
or zoning regulations applicable to the project since the approval/endorsement
of the project; and
b.
There have been no changes in the character of the site or its surroundings
which affect how the standards of the General Plan or zoning regulations
apply to the project.
(d)
Nothing
in this title shall be construed as affecting any time limits established
by Title 8 of this code regarding work authorized by a building permit
or other construction permit issued pursuant to Title 8, or time limits
relating to the expiration of such permit.
(Ord. 68 § 9-2.113, 1983; Ord. 524 § 2, 2008; Ord. 547 §2, 2009; Ord. 552 § 2, 2010; Ord. 646 § 11, 2021)
When all required construction permits have been obtained and construction has begun, substantial site work toward establishing the authorized use shall be deemed to have been performed and project construction may be completed subject to Section 9-2.118 when:
(a)
Projects
Involving the Construction of Buildings. Site work has progressed
beyond grading and completion of structural foundations and construction
is occurring above grade within 12 months of the effective date of
the zoning approval or date of approval of an extension of zoning
approval, and construction continues with reasonable progress and
no interruption greater than 180 consecutive days, provided that:
(1)
Single Construction Period Projects. When no extended project phasing
schedule has been authorized substantial work shall be performed for
all proposed buildings;
(2)
Phased Projects. Where a project phasing schedule has been approved,
construction permits shall be obtained and substantial work shall
be performed on at least one approved building.
(Ord. 68 § 9-2.114, 1983; Ord. 552 § 2, 2010)
A development project is considered completed when:
(a)
A certificate of occupancy has been issued by the Building Official verifying that all structures, site improvements and/or off-site work has been completed and any bonds (Section 9-2.121) guaranteeing site improvements have been released;
(b)
When
the Planning Director verifies that a use or activity not involving
a building or grading permit is occurring on the subject site in accordance
with all applicable provisions of this title and any adopted conditions.
(Ord. 68 § 9-2.115, 1983; Ord. 552 § 2, 2010)
Multiple building projects (including but not limited to apartment
or office complexes and shopping centers) may be granted certificates
of occupancy for individual completed buildings in advance of completion
of the entire project when:
(b)
The
Planning Director determines that the completed structures are capable
of functioning independently from structures remaining to be completed;
(c)
Occupancy
of individual structures will not inhibit the completion of the total
project;
(d)
Partial
occupancy during completion will not have a potential adverse effect
on persons in the area or nearby properties; and
(Ord. 68 § 9-2.116, 1983; Ord. 552 § 2, 2010)
In the case of projects where all structures are complete, but
improvements required by this title or adopted conditions (including,
but not limited to, landscaping, curb and gutter, paving, etc.) are
not complete, a certificate of occupancy may be issued, provided that:
(b)
The
Planning Director determines that such buildings can function safely
in advance of the completion of the lacking site improvements; and
(Ord. 68 § 9-2.117, 1983; Ord. 552 § 2, 2010)
(a)
Initial Extension. The Planning Director may grant a one year extension to the time limit for any entitlement (Section 9-2.112). Such extension shall be requested in writing on or before the date of expiration of the entitlement. The Planning Director shall grant an extension only after finding that:
(1)
There have been no changes to the provisions of the General Plan
or zoning regulations applicable to the project since the approval
of the entitlement; and
(2)
There have been no changes in the character of the site or its surroundings
which affect how the standards of the General Plan or zoning regulations
apply to the project.
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Disapproval of a requested extension by the Planning Director may be appealed to the Planning Commission as set forth in Section 9-1.111(a).
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(b)
Continuing
Extensions. The Planning Commission may grant additional extensions
after an initial extension, provided that each such extension shall
not exceed one year. Continuing extension may be granted when the
applicant has filed a written request with the Planning Department
on or before the date of expiration of the initial extension, and
provided that the Planning Commission makes the following findings:
(1)
That substantial site work could not be completed as set forth in Section 9-2.113 because of circumstances beyond the control of the applicant; and
(2)
The findings specified in Section 9-2.117(a).
(Ord. 68 § 9-2.118, 1983; Ord. 552 § 2, 2010)
In the event that any of the circumstances listed in this section
occur, an entitlement shall be deemed to have lapsed. No use of land
or structure, the entitlement for which has lapsed pursuant to this
section, shall be reactivated, reestablished, or used unless a new
entitlement is first obtained.
(a)
Completed Projects. When a project has been completed or an authorized use not involving construction has been established (Section 9-2.114), the entitlement which authorized the project shall retain valid and in force, including any conditions of approval adopted in connection therewith, unless:
(1)
An approved use or structure authorized through plot plan approval
is removed from the site, and the site remains vacant for a period
exceeding six consecutive months, in which case the plot plan approval
shall lapse;
(2)
The circumstance described in subsection (b) of this section occurs,
in which case conditional use permit approval shall lapse;
(3)
A use or structure authorized through precise plan or conditional
use permit approval remains vacant and unused for its authorized purpose,
or is abandoned or discontinued for a period greater than 24 consecutive
months; or
(b)
Condition
Declared Void. The conditional use permit shall cease to be valid
in the event that a judgment of a court of competent jurisdiction
declares one or more of the conditions of a conditional use permit
approval to be void or ineffective, or enjoining or otherwise prohibiting
the enforcement or operation of one or more of such conditions.
(Ord. 68 § 9-2.119, 1983; Ord. 524 § 2, 2008; Ord. 552 § 2, 2010)
Any conditional use permit application which is automatically
approved, pursuant to Section 65956 of the Government Code, shall
be subject to all applicable provisions of this title, which provisions
must be satisfied by the applicant prior to any construction permit
being issued.
(Ord. 68 § 9-2.120, 1983; Ord. 552 § 2, 2010)
(a)
Any
application received and processed shall be deemed withdrawn if it
has been held in abeyance or continuance, awaiting the submittal of
additional required information by the applicant, and if the applicant
has not submitted such information within 12 months of the last written
notification to the applicant requesting additional information in
advance of either a decision to accept the application for processing
or review by the Planning Commission or City Council, to which the
applicant has not responded.
(b)
When
an application is deemed withdrawn, or has been withdrawn by the applicant,
the Community Development Director or designee shall return the entire
application package to the applicant, including accompanying information
and any portion of the filing fee not used in processing up to the
point of withdrawal. The return application shall also be accompanied
by a letter explaining the requirements for refiling. A withdrawn
application may be refiled at any time, provided that it shall be
received and processed as a new application.
(Ord. 68 § 9-2.121, 1983; Ord. 524 § 2, 2008; Ord. 552 § 2, 2010)
When required by the provisions of this title, or by condition
of approval of a conditional use permit, appropriate security or guarantees
shall be provided by the applicant as set forth in this section. A
bond, cash deposit or other acceptable security is used to guarantee
the proper completion of required improvements, drainage facilities,
grading, revegetation, site restoration after use, reclamation and/or
the removal of structures, equipment or other materials, preservation
of certain site features, or compliance with other provisions of this
title or adopted conditions of approval. The Planning Director may
determine that a project is not eligible to provide a bond, cash deposit,
or similar security to guarantee the completion of uncompleted work
if such work is minor in nature, can be reasonably completed in a
short time, or is otherwise inappropriate for such performance guarantees.
The guarantee shall be a bond, cash deposit or other acceptable security
unless otherwise provided in Chapter 9-6. The use of the terms bond,
cash deposit, guarantee and security in this section shall all mean
guarantees of performance.
(a)
Posting.
The guarantee is to be posted with the Planning Department, with the
City named as beneficiary.
(b)
Form
of Bond. A surety bond or other guarantee shall be in a form approved
by the City Attorney, including default provisions, and shall provide
that, in the event suit is brought upon the bond by the City and judgment
is recovered, the surety shall pay all costs incurred by the City
in such suit, including reasonable attorneys' fees to be fixed by
the court.
(c)
Amount
of Bond. The guarantee is to be of an amount established by the Planning
Director equal to the actual cost of completing the specified improvements,
restoration, or satisfying conditions of approval; provided, however,
that where a guarantee is required by conditional use permit condition
of approval to preserve identified site features, the guarantee is
to be in such amount as the Planning Commission deems necessary to
assure compliance with the applicable condition.
(d)
Release
of Bond. At the request of an applicant, or before the expiration
of a bond or guarantee, the Planning Director will review the project
and issue a completion statement if all provisions of this title and
conditions of approval have been met. Upon issuance of the completion
statement, the guarantee bond or cash deposit will be released. If
the Planning Director determines that the project does not meet the
applicable requirements, the applicant shall be notified in writing
of such deficiencies. A time period for their correction shall be
mutually agreed upon by the applicant and the Planning Director, with
the security being held until all such requirements are satisfied.
Where no agreement is reached following written notification by the
Planning Director, or where an agreed time period for completion is
exceeded, the bond shall be called.
(Ord. 68 § 9-2.122, 1983; Ord. 552 § 2, 2010)
