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)
Changes to an approved project may be approved in compliance with Chapter
16.104 (Changes to an Approved Project).
(Prior code § 16-430.080)
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)
A permit or entitlement may expire or be extended in compliance with Chapter
16.96 (Expirations and Extensions).
(Prior code § 16-430.100)
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)
The owner of the property shall be responsible for the terms
and/or conditions of any approved permit.
(Prior code § 16-430.120)
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 may be revoked or modified in compliance with Chapter
16.108 (Revocations and Modifications).
(Prior code § 16-430.160)
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)