This chapter establishes procedures and requirements that apply following a City decision on permit applications and requested approvals required by the Zoning Ordinance.
A. 
Permits and Approvals.
1. 
A Zoning Clearance becomes effective immediately upon issuance.
2. 
All other permit approvals become effective ten days following approval by the review authority, unless appealed or called up for review (see Chapter 17.47 [Referrals, Appeals, and Calls for Review]).
B. 
Legislative Actions. City Council actions to adopt or amend a development agreement or to amend the Zoning Ordinance or General Plan becomes effective 30 days following adoption by the City Council.
C. 
Issuance. The City may issue permits and other approvals only upon the effective date, provided no appeal of the review authority's decision has been filed in compliance with Chapter 17.47 (Referrals, Appeals, and Calls for Review).
Within 15 days of approval, the applicant or property owner shall submit to the Development Services Department a signed copy of any conditions attached to an approved project. If the City does not receive the signed conditions within 15 days of project approval, a certified letter shall be mailed to the applicant or property owner providing an additional 15 days to submit the signed copy of any conditions to the Development Services Department. If no action is taken by the applicant after this second notification and additional 15-day period, the permit shall expire and become void. The Development Services Director or designee shall issue a letter of expiration.
A. 
Security Required. The City may require an applicant to provide adequate security to guarantee the proper completion of any approved work or compliance with any conditions of approval authorized by the Zoning Ordinance.
B. 
Form of Security. The security shall be in the form of cash, a certified or cashier's check, an irrevocable letter of credit, or a performance bond executed by the applicant and a corporate surety authorized to do business in California and approved by the City.
C. 
Amount of Security. The Development Services Director or designee shall determine the amount of the security necessary to ensure proper completion of the approved work or compliance with applicable conditions of approval.
D. 
Duration of Security. The security shall remain in effect until all work has been completed and conditions fulfilled to the satisfaction of the Development Services Director or designee or until a specified warranty period has elapsed.
E. 
Release of Security. The security deposit shall be released upon completion of the approved work or compliance with applicable conditions of approval or the specified warranty period has elapsed.
F. 
Failure to Comply.
1. 
Upon failure to complete any work or comply with conditions, the City may complete the work or fulfill the condition, and may collect from the applicant or surety all costs incurred, including administrative, engineering, legal, and inspection costs.
2. 
If additional costs in excess of the deposit amount are incurred, it shall be the responsibility of the property owner to bear such additional costs.
3. 
Any unused portion of the security shall be refunded to the funding source.
An approved project authorized by the Zoning Ordinance shall be established only as approved by the review authority, except when changes to the project are approved in compliance with this section.
A. 
Request for a Change.
1. 
An applicant shall request desired changes in writing, and shall also submit appropriate supporting materials and an explanation of the reasons for the request.
2. 
Changes may be requested either before or after construction or establishment and operation of the approved use.
3. 
Changes shall be approved before implementation of the changes.
B. 
Notice and Hearing. If the matter originally required a noticed public hearing, the review authority that originally heard the matter shall hold a public hearing for the requested change, except as allowed by Subsection C (Minor Changes) and shall give notice in compliance with Chapter 17.46 (Public Notice and Hearings).
C. 
Minor Changes. The Development Services Director or designee may authorize minor changes to an approved project if the changes comply with all of the following criteria:
1. 
The requested changes are consistent with all applicable requirements of the Zoning Ordinance.
2. 
The requested changes are consistent with the spirit and intent of the original approval.
3. 
The requested changes do not alter a mitigation measure or cause an additional significant impact pursuant to an approved Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report for the project.
4. 
The requested changes do not involve a feature of the project that was a basis for conditions of approval for the project.
5. 
The requested changes do not involve a feature of the project that was a specific consideration by the review authority in granting the approval.
6. 
The requested changes do not involve any expansion or intensification of the use or structure.
A. 
Expiration of Permit. A permit or approval not exercised within two years after the date of approval shall expire and become void, except where an extension of time is approved as allowed by Subsection C (Extension of Time). A permit or approval shall also expire and become void if the permitted use is abandoned for one year. The Development Services Director or designee shall issue a letter prior to this determination.
B. 
Exercised Defined. A permit or approval shall be considered exercised when any of the following occurs:
1. 
A building permit is issued and construction has commenced.
2. 
A certificate of occupancy is issued.
3. 
The permittee notifies the City in writing when the use is established.
C. 
Extension of Time.
1. 
The Development Services Director or designee may approve an extension to a permit or approval in the following manner:
a. 
The applicant shall submit to the Development Services Department a written request for an extension of time no later than 30 days before the expiration of the permit or approval.
b. 
The Development Services Director or designee may extend the permit or approval for an additional one year period if the applicant has proceeded in good faith and has exercised due diligence in efforts to exercise the permit or approval in a timely manner.
c. 
The burden of proof is on the applicant to demonstrate that the permit should be extended.
d. 
The Development Services Director or designee may choose to refer any extension of time requests to the Planning Commission for review and final decision.
2. 
Findings. In approving an extension of time, the review authority shall make the following findings:
a. 
That changes to the zone classification or development standards affecting the subject site(s) have not occurred since the original approval of the application which would require substantial modifications of the project in order to conform to any such change(s); and
b. 
That adequate evidence of hardship exists to warrant the granting of such extension of time.
3. 
Conditions of Approval. The review and decision-making authority may attach conditions to the approval of an extension of time as needed to ensure compliance with the Zoning Ordinance, other City ordinances, the General Plan, any other applicable community or specific plan.
A. 
Resubmittals Prohibited Within 12 Months. For a period of 12 months following the denial or revocation of a discretionary permit or approval, no application for the same or substantially similar use or entitlement for the same site shall be submitted, unless the denial or revocation was made without prejudice, and so stated in the record.
B. 
Development Services Director's Determination. The Development Services Director or designee shall determine whether the new application is for a permit or approval which is the same or substantially similar to the previously denied or revoked permit.
C. 
Appeal. The determination of the Development Services Director or designee may be appealed to the Planning Commission, in compliance with Chapter 17.47 (Referrals, Appeals, and Calls for Review).
A Certificate of Occupancy shall not be issued by the Development Services Department until all applicable permits have been approved and all applicable standards and conditions of approval have been met.
Any discretionary permit may be revoked, or conditions of approval modified, as provided for in this section.
A. 
Review Authority.
1. 
A permit may be revoked or modified by the review authority which originally approved the permit or approval.
2. 
In instances where the Development Services Director or designee was the approval authority, the Development Services Director or designee may choose to refer any action to revoke or modify a permit to the Planning Commission for review and final decision.
B. 
Public Notice and Hearing. Public notice and hearing for any action to revoke or modify a permit shall be provided in full compliance with Chapter 17.46 (Public Notice and Hearings).
C. 
Findings. The review authority may revoke or modify a permit only if one or more of the following findings can be made:
1. 
The applicant or property owner has altered the circumstances under which the permit was granted 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 been violated, or have not been complied with or fulfilled.
4. 
The use or structure for which the permit was granted no longer exists or has been discontinued for a continuous period of at least 12 months.
5. 
The applicant or property owner has failed or refused to allow inspections for compliance.
6. 
Improvements authorized by the permit are in violation of the Zoning Ordinance or any law, ordinance, regulation, or statute.
7. 
The use or structure is being operated or maintained in a manner which constitutes a nuisance.
D. 
Effect of Revocation. The revocation of a permit shall have the effect of terminating the approval and denying the privileges granted by the permit.