This Chapter provides requirements for the implementation of the permits or approvals required by this Code, including time limits and procedures for approving extensions of time.
(Ord. 1670(19) § 11)
A.
Permits and Approvals.
1.
An Architectural Design and Site Development Review, Certificate of Appropriateness, Conditional Use Permit, Minor Use Permit, Minor Modification, Preliminary Development Plan, Reasonable Accommodation, Sign Permit, Sign Program, or Variance shall become effective after 5:00 p.m. on the 10th day following the actual date the decision is rendered, when no appeal to the decision has been filed in compliance with Chapter 17.612 (Appeals).
2.
A Temporary Use Permit and Administrative Use Permit shall become effective immediately following the actual date the decision is rendered.
3.
A final decision by the Council shall become effective on the date the decision is rendered.
B.
Amendments, Specific Plans, and Development Agreements.
1.
Council actions to adopt an ordinance to approve or amend a Development Agreement, specific plan, this Code, or the Zoning Map shall become effective on the 30th day following the date the ordinance is actually adopted by Council.
2.
Council actions to adopt a resolution to approve or amend the General Plan or a specific plan shall become effective on the actual date the decision is rendered by the Council.
C.
No Subsequent Permits Shall Be Issued until Effective Date. Permits, certificates, or other approvals to implement a project shall not be issued until the effective date.
(Ord. 1670(19) § 11; Ord. 1679(21) § 11)
Planning permits and approvals granted in compliance with Chapter 17.504 (Application Processing Procedures) shall run with the land through any change of ownership of the subject site, from the effective date of the permit, unless otherwise stated in the conditions of approval or in any case where a permit expires and becomes void in compliance with this Chapter. All applicable conditions of approval shall continue to apply after a change in property ownership, unless otherwise stated in the conditions of approval.
(Ord. 1670(19) § 11)
A.
Compliance. All work performed under a grading permit or building permit for which project drawings and plans have received approval by the Director, Commission, or Council shall be in compliance with the approved drawing and plans, and any conditions of approval imposed by the applicable Review Authority in compliance with Section 17.504.090 (Conditions of Approval).
B.
Changes. Changes to an approved project shall be submitted and processed in compliance with Section 17.552.080 (Changes to an Approved Permit).
(Ord. 1670(19) § 11)
A.
Deposit of Security.
1.
Upon a finding that the City's health, safety, and welfare warrant it, the review authority may require as a condition of approval the execution of a covenant to deposit security and the deposit of security in a reasonable amount to ensure the faithful performance of one or more conditions of approval of the permit or approval 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 City, be in a form which includes, but is not limited to, cash, a certified or cashier's check, letter of credit, or a performance bond executed by the applicant and a corporate surety authorized to do business in California and approved by the City.
4.
The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Director.
5.
Security required in compliance with this Section shall be payable to the City.
B.
Release of Security. Upon satisfactory performance of all secured conditions to the satisfaction of the Director, the security deposit shall be released.
C.
Failure to Comply.
1.
Upon failure to perform any secured condition, the City 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.
2.
Any unused portion of the security shall be refunded to the obligor after deduction of the cost of work.
(Ord. 1670(19) § 11)
A.
Lapse of Permit. Unless otherwise specified in the permit or approval, all permits and approvals for projects not subject to the Subdivision Map Act shall comply with the following expiration provisions to ensure continued compliance with this Code:
1.
Variances and Reasonable Accommodations. Variances and Reasonable Accommodation approvals shall be implemented within 180 days following the effective date, or it shall expire and be deemed void unless a time extension is approved consistent with Section 17.552.070 (Time Extensions).
2.
All other permits. All other permits and approvals shall be implemented within one year following the effective date, or it shall expire and be deemed void unless a time extension is approved consistent with Section 17.552.070 (Time Extensions).
C.
Implementation.
1.
A permit or approval shall not be deemed implemented until the applicant has obtained a grading permit and/or building permit and commenced construction, or where no grading or building permit is required, has actually commenced the allowed use on the subject site in compliance with the approval and any applicable conditions.
2.
Construction shall be diligently pursued towards completion. If after construction commencement, work is discontinued for a minimum period of two years, the permit or approval shall expire and be deemed void.
3.
If a project is phased, each subsequent phase shall have the same time limit identified for the previous phase. The time limit for a subsequent phase shall begin when the previous phase commences construction, unless otherwise specified in the permit of approval, or the permit or approval shall expire and be deemed void.
D.
Concurrent Applications. For concurrent applications, the longest time limit associated with any one permit or approval shall apply to all of the other concurrent permits. All permits associated with the approval of a tentative map shall have the same expiration date as the tentative map.
E.
Expiration by Nonuse. Any permit shall expire and be deemed void when the use allowed by the permit is discontinued for a continuous period of 12 months. However, if a certificate of occupancy is issued for the structure associated with the use and all other conditions of approval are satisfactorily completed, the permit remains in effect even if the structure is vacant for more than 12 months, provided that no use may be reestablished in the structure and/or on the site unless the use is determined by the Director to be substantially the same as the original permit approval, and there have been no substantial changes in the conditions of circumstances of the site or project.
F.
Effect of Expiration. When the permit or approval has expired and/or been deemed void:
1.
No further action is required by the City;
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) along with all required fees and obtain all required approvals before construction can commence or a use implemented; and
5.
Any security provided by the applicant under the previously approved permit or approval may be utilized by the City to provide suitable protection from or abate any harm that may result from the terminated project.
(Ord. 1670(19) § 11)
A.
Written Request. The applicant's written request for an extension of time shall be on file with the Department before expiration of the permit or approval, together with the required filing fee.
B.
Suspension of Expiration. The filing of a written time extension request shall suspend the actual expiration of the permit or approval until the extension request has been acted upon by the review authority. No construction permits (e.g., grading or building permits) for the project shall be issued during the period of suspension.
C.
Review Authority. The original Review Authority shall make the decision regarding a time extension request. However, time extensions for Major Architectural Design and Site Development Review, in compliance with Subsection 17.512.040.A.2, may be approved by the Director if the project does not include a new structure or expansion of an existing structure.
D.
Noticing and Public Hearing.
1.
No noticing or public hearing is required for a time extension request when the review authority is the Director; however, the Director may conduct a public hearing in compliance with Chapter 17.608 (Public Hearings and Noticing) if deemed appropriate by the Director because unique or special circumstances exist.
2.
The Commission or Council shall conduct noticing and a public hearing on a time extension request if noticing and a public hearing was required for the original approval.
E.
Required Findings. An extension of the permit or approval may be granted only if the review authority first makes the following findings:
1.
There have been no changes in circumstances, law, General Plan, or Code that would preclude the review authority from making the findings upon which the original approval was based; or
2.
The original conditions of approval have been modified or new conditions of approval have been imposed as deemed reasonable and necessary to ensure that the permit or approval will remain in compliance with the findings required by this Code; and
3.
The applicant has made a good faith effort to implement the permit or approval and comply with any applicable conditions of approval in a timely manner.
(Ord. 1670(19) § 11)
A.
Application. An applicant shall request a proposed change to an approved permit, including conditions of approval, in writing and shall also provide appropriate supporting information and materials explaining the reason(s) for the request. The required filing fee shall also be provided. A change may be requested either before or after construction or establishment and operation of an approved land use.
C.
Minor Changes by Director. The Director may authorize minor changes to an approved permit or other approval only if the changes:
1.
Are consistent with all applicable provisions of this Code and the spirit and intent of the original approval;
2.
Do not involve a feature of the project that was a basis for findings in the project's CEQA document or for conditions of approval for the project, or a specific consideration by the review authority in granting the permit or approval; and
3.
Do not involve any measurable expansion of intensification of the use or structure.
(Ord. 1670(19) § 11)
For a period of 12 months following the denial or conditional approval of a planning permit or approval or Amendment, no application for the same or substantially similar planning permit or approval or Amendment for the same parcel shall be filed, except as otherwise specified at the time of denial. The Director shall determine whether the new application is the same or substantially similar as a previously denied or conditionally approved application.
(Ord. 1670(19) § 11)