This chapter provides requirements for the implementation or
exercising of the permits or approvals identified in this title, including
time limits and procedures for granting extensions of time.
(Ord. 777 § 1 (Exh. A),
2002)
A. Compliance.
All work performed under a building permit for which project drawings
and plans have received approval by the director, commission, or council
shall be in compliance with the approved drawings and plans, and any
conditions of approval imposed by the review authority.
B. Changes. Changes to an approved project shall be submitted and processed in compliance with Section
17.68.080 (Changes to an Approved Project), below.
(Ord. 777 § 1 (Exh. A),
2002)
A. Permits/Variances.
1. Home
occupation permits, sign permits, and temporary use permits shall
become effective immediately following the final date of approval.
2. A
Conditional use permit, development permit, minor variance, or variance
shall become effective on the 11th day following the date the decision
is rendered by the applicable review authority.
B. Plans/Amendments.
1. Council
actions to adopt or amend a development agreement, a specific plan
adopted by ordinance, the zoning map, or the zoning ordinance codified
in this title shall become effective on the 30th day following the
date the decision is rendered by the council.
2. Amendments
to the general plan, or a specific plans adopted by resolution, shall
become effective immediately upon approval by the council.
C. Issued on the Effective Date. Permits, certificates, and/or other approvals shall not be issued until after the appeal period is over; provided, that no appeal of the review authority's decision has been filed, in compliance with Chapter
17.76 (Appeals).
D. Affidavit
of acceptance. The applicant shall sign the affidavit of acceptance
or other similar document, indicating full understanding and concurrence
with the approval and all conditions imposed by the review authority,
or the permit or approval shall be deemed void.
(Ord. 777 § 1 (Exh. A),
2002; Ord. 832 § 6, 2003)
A. Applicable
Provisions. A permit application deemed approved in compliance with
state law (
Government Code Section 65956 [b]) shall be subject to
all applicable provisions of this title, 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 permit application shall be deemed approved only if the application received proper notice in compliance with Chapter
17.74 (Public Hearings).
(Ord. 777 § 1 (Exh. A),
2002)
A. Faithful
performance. A permit 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 or all conditions of approval imposed
by the review authority.
B. Amount
of security. The director shall be responsible for setting the amount
of the required security, after consultation with the building official
or the director of public works.
(Ord. 777 § 1 (Exh. A),
2002)
A. 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 provisions:
1. Exercised.
a. To ensure continued compliance with the provisions of this title, the permit or approval shall be exercised within one hundred eighty days from the date of approval, or the permit or approval shall expire and be deemed void, unless an extension is approved by the original review authority, in compliance with Section
17.68.070 (Time Extensions), below. Additionally, if after construction commencement work is discontinued for a minimum period of twelve months the permit or approval shall expire and be deemed void.
b. If the application for the permit or approval also involves the approval
of a tentative map, construction commencement shall be exercised before
the expiration of the companion tentative map.
2. 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 preexisting base zoning
district and then develop the remaining phases in compliance with
this chapter, without review authority approval.
b.
Pre-Approved Phases.
(1) If a project is to be built in pre-approved phases, each subsequent
phase shall have one hundred eighty days from the previous phases
date of construction commencement to the next phases 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 and the permit or approval shall be exercised before the expiration
of the companion tentative map.
3. 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 improvements has commenced; or
b. Obtained a grading permit and has completed a significant amount
of on-site grading, as determined by the director; and
c. Diligently continued the approved construction/grading activities;
or
d. Actually implemented the allowed land use, in its entirety, on the
subject property in compliance with the conditions of approval.
B. Where
the permit or approval has expired and/or has been deemed void:
1. No
further action is required by the city;
2. No
further reliance may be placed on the previously approved permit;
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 utilized by the city to provide suitable protection
from any harm that may result from the terminated development.
(Ord. 777 § 1 (Exh. A),
2002)
Requests for a time extension for a permit or approval shall
be filed and processed in the following manner:
A. The
applicant shall file a written request for an extension of time, at
least 30 days before the expiration of the permit or approval, together
with the filing fee required by the city's fee resolution.
B. If the matter originally required a noticed public hearing, the director shall provide notice, in compliance with Chapter
17.74 (Public Hearings).
C. Upon good cause shown, the extension may be approved, approved with modifications, or disapproved by the director, whose decision may be appealed to the commission, in compliance with Chapter
17.76 (Appeals).
D. The
maximum time that a permit or approval may be extended may not exceed
one additional twelve-month period beyond the expiration date of the
original approval unless otherwise allowed by law.
E. An
extension of the permit or approval may be granted only if the review
authority finds that there have been no changes in circumstances or
law which would preclude the review authority from making the findings
upon which the original approval was based.
(Ord. 777 § 1 (Exh. A),
2002)
A. Application.
1. A
development or new land use allowed through a conditional use permit,
design review, development plan permit, home occupation permit, minor
variance, 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. 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 project (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. If the matter originally required a noticed public hearing, the review authority shall hold a public hearing, except for the minor changes outlined below, and shall give notice, in compliance with Chapter
17.74 (Public Hearings).
C. The
director may authorize minor changes to an approved site plan, architecture,
or the nature of the approved use if the changes:
1. Are
consistent with all applicable provisions of this title 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 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 council) in granting the permit or approval.
D. Major changes include changes to the project involving features described in subsection
C (Minor changes), above, and shall only be approved by the review authority through a new application or modification, processed in compliance with this title.
(Ord. 777 § 1 (Exh. A),
2002)
All applications shall be subject to the applicable provisions
of this title, including the procedures identified in the following:
17.76 Appeals
17.36 Application Filing, Processing, and Fees
17.74 Public Hearings
(Ord. 777 § 1 (Exh. A),
2002)