This chapter provides requirements for the implementation or "exercising" of the permits required by this title, including time limits and procedures for granting extensions of time.
(Ord. 205 § 1 (Exh. A), 2003)
A use permit, minor use permit, variance, or minor variance shall become effective on the 11th day following the date of application approval by the review authority, provided that no appeal has been filed in compliance with Chapter 13.74.
(Ord. 205 § 1 (Exh. A), 2003)
A land use permit application deemed approved in compliance with state law (Government Code Section 65956) 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 established.
(Ord. 205 § 1 (Exh. A), 2003)
A use permit, minor use permit, variance, minor variance, or design review approval that is granted in compliance with Chapter 13.62 shall be deemed to run with the land through any change of ownership of the subject site, from the effective date of the permit, except in any case where a permit expires and becomes void in compliance with Section 13.64.060. All applicable conditions of approval shall continue to apply after a change in property ownership.
(Ord. 205 § 1 (Exh. A), 2003)
A.
As a condition of approval of a variance, minor use permit, or use permit, upon a finding that the town's health, safety and welfare warrant, the review authority may require the execution of a covenant to deposit security, and the deposit of security in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval of the variance, minor use permit or use permit in the event that the obligor fails to perform. The security shall, as required by law or otherwise at the option of the town, be in the form of cash, a certified or cashier's check, or a faithful performance bond executed by the applicant and a corporate surety authorized to do business in California. The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the director.
B.
Any security required in compliance with this section shall be payable to the town.
C.
Upon satisfaction of all applicable provisions of this section, the security deposit will be released. However, upon failure to perform any secured condition, the town may perform the condition, or cause it to be done, and may collect from the obligor, and surety in case of a bond, all cost incurred thereto, including engineering, legal, administrative, and inspection costs. Any unused portion of the security shall be refunded to the obligor after deduction of the cost of the work, except that, to the extent that the director can demonstrate to the satisfaction of the town manager that the obligor willfully breached an obligation in a manner that he or she knew or should have known would create irreparable harm to the town, the entire amount of the bond or deposit may be withheld. The town manager's determination may be appealed to the town council by the obligor by filing an appeal with the town clerk within ten days after the decision.
(Ord. 205 § 1 (Exh. A), 2003)
A.
Time Limits.
1.
Unless a condition of approval or other provision of this title establishes a different time limit, any permit or approval not exercised within two years of approval shall expire and become void, except where an extension of time is approved in compliance with subsection B.
2.
The permit shall not be deemed "exercised" until the permittee has substantially commenced the approved activity or has actually commenced the allowed use on the site in compliance with the conditions of approval.
3.
After it has been exercised, a land use permit shall remain valid and run with the land in compliance with Section 13.64.040, as long as a building permit is active for the project, and after a final building inspection or certificate of occupancy has been granted.
4.
If a project is to be developed in approved phases, each subsequent phase shall be exercised within two years from the date that the previous phase was exercised, unless otherwise specified in the permit, or the permit shall expire and be void in compliance with subsection D, except where an extension of time is approved in compliance with subsection B. If the project also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised before the expiration of the tentative map, or the permit shall expire and be void.
B.
Extensions of Time. Upon written request by the applicant, the director may extend the time for an approved land use permit to be exercised.
1.
Filing and Review of Request.
a.
Time for Filing. The applicant shall file a written request for an extension of time with the director before the expiration of the permit, together with the filing fee required by the town's fee schedule.
b.
Evidence to be Provided. The director shall determine whether the applicant has made a good faith effort to exercise the permit. The burden of proof is on the applicant to establish, with substantial evidence, that circumstances beyond the control of the applicant (e.g., demonstrated financial hardship, problems with completing the acquisition of the parcel, poor weather during periods of planned construction, etc.) have prevented exercising the permit.
2.
Action on Extension Request. A permit may be extended as follows for no more than two additional one-year periods beyond the expiration of the original approval, provided that the review authority first finds that there have been no changes in the conditions or circumstances of the site or project such that there would have been grounds for denial of the original project.
C.
Effect of Expiration. After the expiration of a land use permit in compliance with subsection (A)(1), no further work shall be done on the site until a new land use permit and any required building permit or other town permits are first obtained.
(Ord. 205 § 1 (Exh. A), 2003)
Development or a new land use authorized through a land use permit granted in compliance with this title shall be established only as approved by the review authority, and in compliance with any conditions of approval, except where a change to the project is approved as follows.
A.
Application. An applicant shall request a desired change in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. A change may be requested either before or after construction, or establishment and operation of the approved land use.
B.
Public Hearing. If the original project approval required public notice and a hearing, public notice shall be provided, and the review authority shall conduct a public hearing on the requested changes in compliance with Chapter 13.78.
C.
Changes Approved by Director. The director may authorize one or more changes to an approved site plan, architecture, or the nature of the approved land use where the director first finds that the changes:
1.
Are consistent with all applicable provisions of this title;
2.
Do not involve a feature of the project that was a basis for findings in a negative declaration or environmental impact report for the project;
3.
Do not involve a feature of the project that was specifically addressed or was a basis for conditions of approval for the project or that was a specific consideration by the review authority (e.g., the director, commission, or council) in the project approval; and
4.
Do not result in an expansion of the land use.
The director may choose to refer any requested change to the original review authority for review and final action.
(Ord. 205 § 1 (Exh. A), 2003)
An approved land use permit may be revoked, or conditions of approval or other provisions of the permit or entitlement may be modified by the town in compliance with this section.
A.
Hearings and Notice.
1.
The review authority shall hold a public hearing to revoke or modify an application, entitlement, or permit granted in compliance with the provisions of this title.
2.
Ten days before the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the permit was granted.
3.
Notice shall be deemed delivered two days after being mailed, certified and first class, through the United States Postal Service, postage paid, to the owner as shown on the county's current equalized assessment roll and to the project applicant, if not the owner of the subject property.
B.
Review Authority Action. A land use permit may be revoked or modified by the review authority that originally approved the permit (e.g., director, commission or council), after first making one or more of the following findings:
1.
Circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings required to grant the original permit can no longer be made;
2.
Permit issuance was based on misrepresentation by the applicant, either through the omission of a material statement in the application, or in public hearing testimony;
3.
One or more conditions of approval have not been completed or have been violated;
4.
The use or structure for which the permit was granted no longer exists or has been suspended for at least six months, as defined in Chapter 13.72; or
5.
Improvements authorized by the permit are in violation of any code, law, ordinance, regulation, or statute.
C.
Effect of Revocation. The revocation of a land use permit shall have the effect of terminating the permit and denying the privileges granted by the original permit.
(Ord. 205 § 1 (Exh. A), 2003)