This section provides requirements for the implementation or "exercising" of the entitlements identified in this zoning ordinance, including time limits and procedures for granting extensions of time.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
A.
Compliance. All work performed under a building permit for which project drawings and plans have received approval by the director or council shall be in substantial compliance with the approved drawings and plans, any statements (written or oral) made in support of the application, and any conditions of approval imposed by the applicable authority.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
A.
Entitlements/variances. An adjustment, conditional use permit, design review, director's review, temporary use permit, or variance shall become effective upon the date the "agreement to conditions proposed" is signed by the applicant/property owner.
B.
Plans/amendments. Council actions to adopt or amend a development agreement, a specific plan, the zoning map, or this zoning ordinance shall become effective on the thirtieth day following the second reading by the council. An amendment to the general plan shall become effective immediately upon the council's action.
C.
Issued on the effective date. Certificates and/or other entitlements shall not be issued until the effective date, provided that no appeal of the review authority's decision has been filed, in compliance with section 27 (Appeals).
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
A.
Applicable provisions. An entitlement application deemed approved in compliance with state law (Government Code section 65956) shall be subject to all applicable provisions of this zoning ordinance, which shall be 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. The entitlement application shall be deemed approved only if the application received proper noticed in compliance with article 4 (Land Use and Development Permit Procedures) and section 26 (Public Hearings).
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
A.
Time limits.
1.
To ensure continued compliance with the provisions of this section, each approved entitlement shall expire 12 months from the date of approval, unless otherwise specified in the entitlement, if the use has not been exercised.
B.
Entitlement implementation—Exercising the entitlement.
1.
An approved entitlement shall be exercised before its expiration. The entitlement 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 improvements has commenced;
b.
Obtained a grading permit and has completed a significant amount of on-site grading, as determined by the director;
c.
Diligently continued the approved construction/grading activities without stopping for more than 180 days; or
d.
Actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval.
2.
Project phasing.
a.
Where the entitlement provides for development in two or more phases or units in sequence, the entitlement shall not be approved until the review authority has approved a phasing plan for the entire project site.
b.
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 prior review authority approval.
c.
Subsequent phases of an approved project shall be commenced within 12 months of the exercising of the previous phase's entitlement or the entire project entitlement shall expire.
d.
If the application for the entitlement also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the entitlement shall be exercised before the expiration of the companion tentative map.
C.
Extensions of time.
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 entitlement, together with the filing fee required by the city's fee resolution.
2.
The director shall determine whether the applicant has made a good faith effort to exercise the entitlement.
3.
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 entitlement should be extended.
D.
Action on expiration/extension.
1.
Upon good cause shown, extensions may be approved or approved with modifications by the director, whose decisions may be appealed in compliance with section 27 (Appeals).
2.
The maximum number of months that an entitlement may be extended shall not exceed a total of two additional twelve-month periods (for a maximum of 24 months total) beyond the expiration of the original approval.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
A.
Application.
1.
A development or new land use allowed through an adjustment, conditional use permit, design review, director's review, temporary use permit, or variance shall be in substantial compliance with the approved drawings and plans, any statements (written or oral) made in support of the application, and any conditions of approval imposed by the review authority, except where changes to the project are approved in compliance with this subsection.
2.
An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.
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 a 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. If the matter (e.g., entitlement) 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 section 26 (Public Hearings).
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 involving features described in subsection C., (Minor changes), above, which are not considered minor changes, and shall only be approved by the review authority through a new entitlement application and applicable fee, processed in compliance with this zoning ordinance.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
A.
Resubmittals prohibited within 12 months. Whenever an application or portion of an application has been disapproved or revoked and the disapproval or revocation becomes final, no new application for the same or similar request may be accepted within 12 months of the disapproval or revocation, unless the director first finds that the conditions surrounding the application have sufficiently changed to warrant a new application.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
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, in compliance with state law (Government Code sections 65870 et seq.).
1.
Required provisions. A covenant of easement may be required to provide for emergency access, ingress and egress, landscaping, light and air access, open space, parking, or for solar access.
2.
Condition of approval. The covenant of easement may be imposed as a condition of approval by the applicable review authority.
B.
Form of covenant. The form of the covenant shall be approved by the city attorney, and the covenant of easement shall:
1.
Describe property. Describe the real property subject to the easement;
2.
Describe property to be benefited. Describe the real property to be benefited by the easement;
3.
Planning permit. Identify the city approval or planning permit granted which relied on or required the covenant; and
4.
Purpose of easement. Identify the purpose(s) of the easement.
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. Act as an easement in compliance with state law (chapter 3 (commencing with section 801) of title 2 of part 2 of division 2 of the Civil Code), except that it shall not merge into any other interest in the real property. Civil Code section 1104 shall be applicable to the conveyance of the affected real property; and
2.
Impart notice. 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 benefited 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 benefited 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 director, or under an appeal, the council, following a noticed public hearing in compliance with section 26 (Public Hearings).
1.
May be released by city. The covenant of easement may be released by the city, at the request of any person, including the city or an affected property owner, upon a council finding that the covenant, on the subject property, is no longer necessary to achieve the land use goals of the city.
2.
Recordation of notice. A notice of the release of the covenant of easement shall be recorded by the city clerk 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 city's fee resolution.