This chapter is intended to provide the procedures to be followed, and the conditions and requirements to be applied, after the approval of a permit or entitlement identified in this Development Code in order to implement or "exercise" the permit(s) or entitlement(s).
(Prior code § 16-430.010)
Unless otherwise stated by specific application requirements in Division 5, the procedures, conditions, and requirements identified in this chapter shall apply, as applicable to the type of application, following the approval of an application.
(Prior code § 16-430.020)
The decision of the applicable Review Authority shall be considered final unless an appeal is filed during the review period in compliance with Chapter 16.100 (Appeals).
(Prior code § 16-430.030)
Applications deemed approved based on State law (Government Code Section 65956), shall be subject to all applicable provisions of this Development Code, which shall be satisfied by the applicant before a building permit is issued or a land use not requiring a building permit is established.
(Prior code § 16-430.040)
Building permits shall require site plan review in compliance with Chapter 16.152 (Site Plan Review) before, or concurrently with, the submittal of a building permit application except as specified by Section 16.152.040 (Site plan review—Exemptions).
(Prior code § 16-430.050)
A. 
Business License Applications. Business license applications, reviewed for compliance with this Development Code and signed off by the Director, shall be reviewed as follows:
1. 
Reuse of Existing Structure(s). A business license application that proposes the establishment of a different business in an existing structure shall be subject to the following considerations:
a. 
The proposed use is allowed in the zoning district in which the use is to be located,
b. 
The proposed site and any land use(s) or structure(s) existing on the site shall not be in violation of any applicable provision of this Development Code, except for nonconforming uses and structures in compliance with Chapter 16.228 (Nonconforming Uses, Structures, and Parcels); and
2. 
New Structures. A business license application for the first occupancy of a new structure shall require full compliance with this Development Code. The new structure shall first require the issuance of a site plan review (Chapter 16.152) or other applicable permit(s) or entitlement(s) in compliance with Table 2-2 (Allowable Land Uses and Permit Requirements).
B. 
Business License Renewals. The annual renewal of a business license does not require review for compliance with this Development Code.
C. 
Not an Authorization or Granting of a Privilege. A business license is for revenue purposes only and not an authorization or granting of a privilege. Sign-off of a business license by the Director does not constitute an authorization to conduct a business in conflict with the applicable provisions, regulations, requirements, and standards identified in this Development Code, the building code, other provisions of the Municipal Code, or City, County, State, or Federal regulations and standards.
(Prior code § 16-430.060; Ord. 2020-06-09-1501 C.S. § 26)
A certificate of occupancy in compliance with Section 15.04.330 of the Municipal Code shall not be issued until the final City inspection has determined that the construction authorized by the permit or entitlement is in compliance with the approved plans on file with the Department and all terms and conditions of the approved permit or entitlement have been satisfied or a performance guarantee in compliance with 16.92.130 (Performance guarantees), is provided.
(Prior code § 16-430.070)
A. 
Review Authority.
1. 
Director or Commission. Land development permits, planned development permits, tentative maps, use permits, and variances shall become effective on the 11th day following the date the public/final decision is rendered by the applicable Review Authority, provided that no appeal of the Review Authority's action has been filed, in compliance with Chapter 16.100 (Appeals).
2. 
Council.
a. 
Resolution. Master development plans, specific plans, precise road plans, and amendments to the General Plan adopted by resolution shall become effective on the 31st day following the date the public/final decision is rendered by the Council.
b. 
Ordinance. Amendments to this Development Code, the Zoning Map, precise road plan, specific plans, and development agreements adopted by ordinance shall become effective on the 31st day following the date the public/final decision is rendered by the Council.
B. 
Special Requirements.
1. 
Planned Development Permit. If a planned development permit is approved in conjunction with a tentative map, that permit shall not become effective until the parcel map or final map is recorded.
2. 
Annexation. If a permit or other application, other than a General Plan amendment or prezoning, is approved for a parcel of land located outside the jurisdiction of the City, that approval shall only become effective upon the recordation of the LAFCO certificate of completion annexing the property to the City.
3. 
Street Name Changes. Street name changes shall become effective on January 1st of the year following the Council's action to approve the name change request, or four months after the date of the decision, whichever is later.
C. 
Date of Issuance. Permits, certificates, or other entitlements may not be issued until the effective date.
D. 
Counting of Days. The precise number of days shall be counted in compliance with Section 16.08.020(B)(3) (Number of days).
(Prior code § 16-430.090; Ord. 001-08 C.S. § 25)
All property and landscaping shall be maintained in compliance with the approved plans, the conditions of the permit or entitlement, the requirements of this Development Code, the requirements of the Municipal Code, and Chapter 8.36 of the Municipal Code.
(Prior code § 16-430.110)
A. 
Performance Security. The applicant/owner may elect to provide adequate performance 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.
B. 
Compliance. The performance security shall comply with Section 16.72.070 (Improvements—Plans, agreements and security).
C. 
Failure. Failure to implement the condition(s) by the specified date shall result in forfeiture of the entire performance guarantee.
(Prior code § 16-430.130)
An application may not be resubmitted if denied during the immediately preceding 12-month period, except with the permission of the Review Authority.
(Prior code § 16-430.140; Ord. 023-07 C.S. § 103)
A. 
Requirement for Review. A review shall be conducted for an approved project if requested by the Director, Commission, or Council, either as a condition of approval of the permit or entitlement or by direct request of the Director, Commission, or Council.
B. 
Review by Director. The Director shall conduct the review and may:
1. 
Approve the review and notify the Commission of the decision in writing;
2. 
Defer the review to the Commission, with a staff report; or
3. 
Provide a written recommendation that the Commission schedule a hearing for revocation or modification of the permit or entitlement.
(Prior code § 16-430.150)
A permit or entitlement that is valid and in effect, and was granted in compliance with the provisions of this Development Code, shall run with the land and continue to be valid upon any change of ownership of the land, except for home occupation permits (Chapter 16.132). Should the Development Code be amended to be less restrictive than the previous permit or entitlement provisions, the owner can request to process a future permit or entitlement under the new standards.
(Prior code § 16-430.170; Ord. 2022-07-12-1601-02 C.S. § 29)
A permit shall not be issued for any use involved in an application until the application has received final approval and has become effective.
(Prior code § 16-430.180)