The purpose of this chapter is to establish procedures which are common to the processing of use permits, variances and zoning amendments. This chapter is also intended to provide for processing procedures for the review of entitlements required in other parts of the City of Live Oak Ordinance including general plan amendments, specific plans and land divisions. All are hereinafter referred to as entitlements.
(Ord. 526 § 1, 2010)
All entitlements approved under the authority of this title shall run with the property for which the entitlement is issued and not with a person, unless otherwise expressly provided for in the approved entitlement.
(Ord. 526 § 1, 2010)
Applications initiated by this chapter shall be filed on forms and shall contain information and the number of copies prescribed by the Community Development Director. All applications shall be signed by the property owner of the subject property or other person with the written consent of the property owner (except zoning amendments as provided in Chapter 17.36). The application shall be accompanied by the appropriate fees, as established by the City Council.
(Ord. 526 § 1, 2010)
Every application shall be reviewed by the Community Development Director to ensure compliance with all applicable City and other local agency codes and standards and with all State laws and regulations.
(Ord. 526 § 1, 2010)
A. 
Hearing Required. All permits and variances that are decided by the Planning Commission, and by the City Council on an appeal of a Planning Commission decision, and for zoning amendments and other entitlements, shall be first provided a public hearing before the decision making body. Notice of any hearing required by this chapter shall be conducted in compliance with Government Code Sections 65090 through 65095, and by any other means of notification the Planning Commission or City Council may require.
B. 
Continuance. A hearing may be continued without further notice, provided the hearing body announces the date, time and location to which the hearing is continued prior to the adjournment or recess of the hearing. A hearing may be continued and need not announce the date to which the hearing will be continued, provided that notice of the continued or new hearing is provided in accordance with subsection A.
C. 
Determination. Following the close of the public hearing, the hearing body may make its decision, may defer its decision to another meeting or announce a tentative decision and defer its final decision until appropriate findings and/or conditions of approval have been prepared.
(Ord. 526 § 1, 2010)
A. 
Whenever multiple entitlement applications are required by this title for a single project, the applicant may choose to have the applications processed concurrently. When this method is utilized, the decision on all project applications shall be made by the highest level of review authority required for any of the applications.
B. 
When concurrent multiple applications are filed that include a general plan amendment, specific plan or specific plan amendment, or rezoning, the time limits for processing project applications pursuant to State Government Code Section 65950 et seq., shall not commence until the general plan amendment, specific plan, specific plan amendment or rezoning become effective.
(Ord. 526 § 1, 2010)
A. 
Community Development Director Decisions.
1. 
Filing. Any applicant or person claiming to be adversely affected by any action of the Community Development Director in carrying out the provisions of this title may, within 10 days after such action, file a written appeal to the Planning Commission. The appeal shall be accompanied by the payment of any fee adopted by the City Council. Such appeal shall stay the issuance of any permit in connection with the application, pending a decision of the Planning Commission.
2. 
Notice and Hearing. Upon receipt of the appeal, proper notice of a public hearing before the Planning Commission shall be provided, as required by California Government Code Sections 65090 through 65095, and by such other means of notification the Planning Commission may require.
3. 
Determination. At the conclusion of the public hearing, or at a time prescribed by Section 17.37.050, the Planning Commission shall approve, approve in modified form, or deny the appeal.
4. 
Further Appeal. Any decision of the Planning Commission may be appealed to the City Council by the appeal process provided in subsection B.
B. 
Planning Commission Decisions.
1. 
Filing. Any applicant or person claiming to be adversely affected by any action of the Planning Commission in carrying out the provisions of this title, any City Council person or the City Manager may, within 10 days after such action, file a written appeal to the City Council. Such appeal shall be filed with the City Clerk and shall be accompanied by the payment of any fee adopted by the City Council. The filing of an appeal shall stay the issuance of any permit in connection with the action pending a decision from the City Council.
2. 
Notice and Hearing. Upon receipt of the appeal, proper notice of a public hearing before the City Council shall be provided, as required by California Government Code Sections 65090 through 65095, and by such other means of notification the City Council may require.
3. 
Determination. At the conclusion of the public hearing, or at a time prescribed in Section 17.37.050, the City Council shall approve, approve in modified form or deny the appeal.
(Ord. 526 § 1, 2010)
Amendments to previously approved permits and variances may be granted as follows:
A. 
Minor Modifications. The Community Development Director may approve minor modifications to a previously approved project if the resulting project is considered substantially the same as originally approved and the basis for the findings for the environmental document prepared for the project and the findings for the approval of the project are not affected.
B. 
All Other Modifications. Must be approved by the Planning Commission. The procedure for such an amendment shall comply with Sections 17.37.030 through 17.37.050.
(Ord. 526 § 1, 2010)
A. 
Expiration. Every permit and variance provided for in this chapter, unless otherwise conditioned as part of the permit or variance, expires and is null and void without further action by the City if the use, building or structure for which the permit was issued has not substantially commenced operation, or in the case of new construction, the construction has not been substantially commenced, within two years of the date of approval or, in the case of appeals, the date the approval was affirmed or a denial was reversed. In the case the permit or variance is accompanied by a rezoning, the approval date is not until the effective date of the rezoning. For purposes of this section, "construction that has substantially commenced" means the installation of a building foundation(s).
B. 
Phasing. In the case of phased projects decided upon by the Planning Commission or City Council, construction of the first phase must have substantially commenced within two years. Additional phases shall be commenced within two years of the initial phase of construction or as otherwise provided in the initial application process or as an amendment to the application.
C. 
Project Completion. In the case of a project that commenced construction prior to its expiration date, or its extended expiration date if an extension was granted, or the phase expiration date if it is a phased project, construction must be competed within two years of the expiration date or the permit becomes null and void without any further action by the City.
D. 
Discontinuance of a Use. When a use for which a permit was granted has been abandoned and the use discontinued for a period of one year, the permit shall expire and become null and void without further action by the City.
(Ord. 526 § 1, 2010)
Any approved permit or variance may be revoked, or conditions of approval or other provisions of the permit or variance may be modified, in compliance with this chapter.
A. 
Initiation of Proceedings. The Community Development Director may initiate the process for zoning clearance revocation or modification. All other permit and variance revocation or modification proceedings may be initiated by the Planning Commission on its own motion or may be directed to the Planning Commission by the City Council.
B. 
Notice and Hearing. Permits and variances (except zoning clearances) proposed to be revoked or modified shall first be provided a public hearing by the Planning Commission, as provided in Section 17.37.050.
C. 
Revocation. A permit or variance may be revoked or modified by the Planning Commission if one or more of the following findings are made:
1. 
Misrepresentation. Permit issuance was based on misrepresentation by the applicant, either through the provision of information or statements in the application, or in public hearing testimony.
2. 
Invalidation of Findings. One or more of the findings required to grant the original permit can no longer be made due to changes in the project.
3. 
Violation of Conditions. One or more of the conditions of approval have not been completed or have been violated.
4. 
Violation of Other Codes. Improvements authorized by the permit or variance are in violation of any ordinance or law.
5. 
Improper Expansion. The approved permit or variance has been expanded beyond the scope of the original approval, so that the external impacts of the use are substantially greater than would be under the original approval.
6. 
Threatens the Public's Health. Exercising the permit or variance is in a manner that threatens or is injurious to the public's health or safety or constitutes a public nuisance.
D. 
Appeal. The decision of the Planning Commission may be appealed to the City Council, pursuant to Section 17.37.070.B.
(Ord. 526 § 1, 2010)
Following the denial of a use permit or variance by the Planning Commission, or a rezoning, revocation or denial of an appeal by the City Council, no permit or variance for the same or substantially the same permit, variance, rezoning or other entitlement shall be filed within 12 months following the date of the previous final action.
(Ord. 526 § 1, 2010)