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)