This chapter provides requirements for implementing or "exercising"
the permits or entitlements approved in compliance with this Zoning
Ordinance, including time limits, and procedures for granting amendments
and extensions of time.
(Ord. 01-594 § 2, 2001)
A. Discretionary Decisions by Community Development Director or Planning
Commission. Administrative permits, development permits, conditional use permits, minor conditional use permits, modifications, and variances shall become effective on the 11th day following the date a decision is rendered, unless an appeal is filed in compliance with Chapter
19.76 (Appeals). The number of days shall be construed as calendar days. Time limits will extend to the following City Hall working day where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed. A decision shall be considered rendered as follow:
1. Decisions
Made Following a Public Hearing. When a resolution is adopted without
changes or with changes that are read into the record.
2. Decisions
Made by Staff. When a permit, including plans and conditions is stamped
and signed.
B. Ministerial Permits. Zone clearances and other ministerial
staff decisions shall be effective immediately upon being stamped
and signed by staff.
C. Decisions by Council. Development agreements, specific plans,
and amendments to the Zoning Map and this Zoning Ordinance shall become
effective on the 30th day following the adoption of an ordinance by
the Council. A General Plan amendment shall be effective immediately
upon adoption of a resolution by the Council.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 209, 2019; Ord. 24-16, 6/24/2024)
A. Permit Time Limits. To ensure continued compliance with the provisions of this chapter, each approved permit or entitlement shall expire three years from its effective date set by Section
19.62.020, or other date specified in the permit or entitlement, if the use has not been established on the site. These time limits do not apply to temporary use or special event permits, which shall specify their effective date within the approved permit. Time extensions may be granted in compliance with subsection
(C), below. The remaining time left on the permit shall also be tolled from the time that an extension request is submitted until the review authority makes a final decision on the request.
If the use authorized by a permit or entitlement has not been
established within the required time, and a time extension is not
granted, the permit or entitlement shall be deemed void. These time
limits shall be tolled while any action, claim or proceeding to attack,
set aside or void a permit is pending before any court of law. A case
is "pending" from the day the action, claim or proceeding is filed
with any court until the court enters its ultimate disposition of
the case, such as entry of an order, judgment or final decision, or
issuance of remittitur, whichever action occurs last.
B. Use Established. An approved use shall be deemed to have
been established if actual construction, or the approved activity
which did not require construction, has commenced and has diligently
been continued.
C. Extensions of Time.
1. The
applicant may request an extension of the permit expiration date by
filing a written request for an extension before the expiration of
the permit or entitlement, together with the filing fee required by
the city's fee resolution. The permittee has the burden of proof to
establish, with substantial evidence, the justification for extension
of the permit or entitlement.
2. The
review authority may grant an extension for a period of time that
is deemed commensurate with the justification for the extension presented
by the applicant, but in no event for more than one year per extension.
3. No
more than two extensions shall be granted per permit or entitlement
and the maximum time period for an approved permit or entitlement
shall not exceed five years.
4. Notwithstanding subsection (C)(3), above, the review authority may extend the permit expiration date for one additional year as part of a major change to an approved project (see Section
19.62.070) for a maximum time period of six years. A major change request shall be submitted before a permit's original expiration date, and not during any periods of extension (see subsection
(A)).
5. Minor
changes to an approved project are not eligible for the additional
one-year extension authorized under subsection (C)(4) above.
D. Review Authority. Upon good cause shown, the first extension may be approved, approved with modifications, or denied by the Community Development Director. The Community Development Director may refer the application to the Planning Commission. Subsequent extensions of permits approved by the Planning Commission may be approved, approved with modifications, or denied by the Planning Commission. Permit extension decisions may be appealed in compliance with Chapter
19.76 (Appeals).
E. Public Notice for Extensions.
1. Notice of a requested extension shall be given in compliance with Chapter
19.74 (Public Hearings and Notice) and by mail 10 days in advance of the hearing to any person who spoke or wrote a letter that was read on the record or submitted to the Community Development Director on or before the date of the original approval.
2. Notwithstanding subsection (E)(1), notice of the decision on a time extension for a reasonable accommodation permit shall be provided as specified in Section
19.69.050(A).
(Ord. 01-594 § 2, 2001; Ord. 04-683 § 5 (Att. A), 2004; Ord. 10-861 § 5, 2010; Ord. 12-894 § 2, 2012; Ord. 15-957 § 7, 2015; Ord. 19-1058 §§ 210, 211,
2019; Ord. 24-16, 6/24/2024)
No land use permit approval in compliance with this chapter
shall be deemed effective and no construction permit shall be issued
until each owner of record signs and executes an affidavit provided
by the Community Development Department declaring that each owner
is aware of and accepts any conditions of approval that have been
imposed upon the land use permit, and each owner records or has recorded
the permit and affidavit with the Los Angeles County Registrar-Recorder's
Office.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 212, 2019; Ord. 24-16, 6/24/2024)
The applicant or owner may be required by a permit's conditions
of approval or by action of the Community Development Director to
provide adequate security to guarantee the faithful performance of
any or all conditions of approval imposed by the review authority.
The Community Development Director shall set the amount of the required
security at a level that is reasonable in relation to the conditions
being guaranteed.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 213, 2019; Ord. 24-16, 6/24/2024)
Construction permits for a project which is required to be authorized
through the approval of a land use permit in compliance with this
article may be issued only after:
A. The appeal period provided by Chapter
19.76 (Appeals) has expired without an appeal being filed, or an appeal has been concluded by the appeal body approving the project; and
B. All conditions of approval prerequisite to construction have been completed, or the Community Development Director has authorized their deferral on the basis of a performance guarantee (see Section
19.62.050, Performance guarantees).
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 214, 2019; Ord. 24-16, 6/24/2024)
An approved development or new land use shall be established
only as specified by the approved land use permit, and subject to
any conditions of approval. An applicant may request, in writing,
to amend the approved permit, and shall furnish appropriate supporting
materials and an explanation of the reasons for the request.
A. Minor
changes may be approved, modified, or denied by the Community Development
Director. Major changes shall be approved, modified or denied by the
original review authority.
B. The
Community Development Director shall determine whether a proposed
change is major or minor. The determination that the change is major
depends on whether the proposal may result in:
1. Significant
impacts to the surrounding neighborhood;
2. Significant
environmental impacts;
3. A
change to the approved use or a significant change to project design;
4. A
change to the basis on which the environmental determination for the
project was made; or
5. A
change to the basis upon which the review authority made the findings
for approval of the project.
A major change request shall be processed in the same manner as the original permit or entitlement. See Section 19.62.030(C) for extensions of time, which may be approved for major change(s) to an approved project.
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(Ord. 01-594 § 2, 2001; Ord. 15-957 § 8, 2015; Ord. 19-1058 § 215, 2019; Ord. 24-16, 6/24/2024)
A land use permit that is valid and in effect, and was granted
in compliance with the provisions of this Zoning Ordinance, shall
run with the land and continue to be valid upon a change of ownership
of the land.
(Ord. 01-594 § 2, 2001)
A. Denial With Prejudice. An application or appeal may be denied
with prejudice. If the denial becomes final, no further application
for the same or substantially similar discretionary permit or entitlement
for the same parcel shall be filed for a period of one year. An application
may be denied with prejudice on the grounds that two or more similar
applications for the same parcel have been denied in the past two
years, or that another cause exists for limiting the refiling of the
application.
The Community Development Director shall determine whether a
subsequent application for a discretionary land use permit or entitlement
is for the same or a substantially similar use, or land use request
that was denied with prejudice.
B. Denial Without Prejudice. There shall be no limitation on
subsequent land use permit applications for a parcel on which a project
was denied without prejudice.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 216, 2019; Ord. 24-16, 6/24/2024)