This chapter establishes zoning application and processing procedures for the code.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
Table 17.06-1 (Review Authority) identifies the authority body responsible for making decisions on each type of application. The following authority bodies are listed within this table:
A.
Advisory Body. The advisory body makes recommendations to a higher level review authority.
B.
Review Authority. The review authority is the decision maker that approves or denies an application. The review authority may refer an application to a higher level review authority for a decision on the application.
C.
Appeal Body. The appeal body makes decisions on an appeal of a decision of a lower level review authority.
D.
Review Authority Levels. The levels of review authorities, from highest to lowest, are:
1.
Council;
2.
Commission;
3.
Hearing Officer; and
4.
Director.
Table 17.06-1: Review Authority | ||||||
|---|---|---|---|---|---|---|
Application Class | Chapter | Public Noticing Required | Public Hearing Required | Advisory Body | Review Authority | Appeal Body |
Class I (Ministerial) | 17.22 | None | No | N/A | Director | Commission/Council |
Class II (Discretionary) | 17.23 | None | No | N/A | Director | Commission/Council |
Class III (Discretionary) | 17.24 | Type I | No | N/A | Director* | Commission/Council |
Class IV (Discretionary) | 17.25 | Type II | Yes | Director | Commission | Council |
Class V** (Discretionary) | 17.26 | Type II | Yes | Commission | Council | Council |
Class VI (Discretionary) | 17.27 | Type II | Yes | Director | Council | N/A |
Class VII** (Legislative) | 17.28 | Type II | Yes | Commission | Council | Council |
Notes: |
|---|
* If a request for an administrative hearing is filed, the review authority shall be the Hearing Officer, in conformance with this chapter. |
** The Council is only the review authority if the Planning Commission recommends approval. |
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 20-10 § 6, 12/8/2020)
This code establishes the application type required for a specific permit request. Application types include the following:
A.
Class I Applications. Class I applications include the following: ministerial approvals.
B.
Class II Applications. Class II applications include the following: administrative permits, architectural design review, development review, hillside development review, home occupation permits, landscape plan review, lot line adjustments, oak tree permits, requests for reasonable accommodations, sign reviews, and temporary use permits.
C.
Class III Applications. Class III applications include the following: adjustments, administrative sign variance and historic sign designation, and minor use permits.
D.
Class IV Applications. Class IV applications include the following: conditional use permits, tentative subdivision maps, and variances.
E.
Class V Applications. Class V applications include the following: General Plan amendments, master plans, and ridgeline alteration permits.
F.
Class VI Applications. Class VI applications include the following: pre-annexation agreements.
G.
Class VII Applications. Class VII applications include the following: development agreements, specific and corridor plans, and zone changes and amendments.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 20-10 § 6, 12/8/2020)
A.
Review Authority in Multiple Applications. When a project requires two (2) or more applications to be considered by different review authorities, all applications for the project shall be subject to jurisdiction by the highest review authority.
B.
Associated Ministerial and Discretionary Applications. If associated uses and/or structures on a property require both ministerial and discretionary applications, a separate ministerial application may not be required. The discretionary application may include authorization for the ministerial uses and/or structures, unless otherwise noted within this code.
C.
Advisory Recommendation by Commission. If the Commission is reviewing a discretionary application that requires associated Council approvals, and should the Commission decide to recommend approval, the Commission shall make recommendations to the Council on both the environmental documentation and the discretionary and legislative applications. The Council takes final action on all such environmental documentation and discretionary and legislative applications for which the Commission has recommended approval. Should the Commission not approve the environmental documentation and discretionary and legislative applications, no Council action is necessary unless an appeal is filed.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 20-10 § 6, 12/8/2020)
All applications for development, which are subject to the California Environmental Quality Act (CEQA) and City adopted guidelines, may be required to submit a completed Environmental Questionnaire (Initial Study Part A) form as part of the application. The Director may request additional information or studies of the applicant in order to make an environmental determination.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 20-10 § 6, 12/8/2020)
A.
Application Forms and Information for Submitted Materials.
1.
The Director shall prepare application forms, including checklists that specify the information and materials necessary for processing each type of application.
2.
The applicant shall submit an application, all information and materials listed for the specific type of application on the checklist, and the filing fee, as listed in Section 17.06.070 (Fees and Deposits).
3.
The accuracy of all applications, information, and materials submitted shall be the responsibility of the applicant.
4.
Any materials submitted by an applicant for an application becomes City property and shall be available for public review.
B.
Applicants. The following persons may file applications:
1.
The owner(s) of the subject property;
2.
An agent for the applicant with written authorization by the owner(s) of the property;
3.
The plaintiff in an action in eminent domain to acquire the subject property, or any portion thereof; or
4.
A public agency in negotiation to acquire a portion of the subject property or any portion thereof.
C.
Withdrawal. An applicant may withdraw an application at any time before a decision is made by the responsible review authority by filing a written request with the Director. Refunds shall comply with Section 17.06.070(C) (Fee Refunds).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 20-10 § 6, 12/8/2020)
A.
Schedule of Fees and Deposits. The Council shall establish a schedule of fees and deposits for application processing by resolution. This shall be referred to as the filing fee schedule.
B.
Filing Fee(s). No application shall be accepted without payment of the required fee or deposit per subsection (A) of this section.
C.
Fee Refunds. If any application is withdrawn as provided in Section 17.06.060(C) (Withdrawal), the Director shall refund the following fraction of the filing fee:
1.
One-half (1/2) of the payment shall be refunded if the application is withdrawn by the applicant prior to the preparation and mailing of the notice of completeness or after a Development Review Committee meeting is held.
2.
One-quarter (1/4) of the payment shall be refunded if the application is withdrawn by the applicant prior to publication or mailing of the required notice.
D.
Deposit Refunds. The Director may approve a refund of deposits after all fees and expenses incurred have been paid.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
A.
Review of Applications Filed. Within thirty (30) days from the date the City accepts an application for processing, the Director shall review and provide notice to the applicant regarding the application to determine whether any additional information or detail is required to take action on the application. The Director shall also determine if the project is subject to review as determined by CEQA guidelines.
B.
Determining Completeness. An application filing shall be complete when:
1.
All required application materials have been submitted as specified in the Department's filing instructions per Section 17.06.060(A) (Application Forms and Information for Submitted Materials); and
2.
Fees have been submitted as required by Section 17.06.070(B) (Filing Fees).
3.
All required environmental documentation and materials as required by CEQA have been submitted.
C.
Additional Information.
1.
The Director may request additional information to clarify, correct, or otherwise supplement information required after the application has been accepted by the Department for processing. The Director may suspend application processing if the additional information is not submitted.
2.
If an application is subject to environmental review, the Director may require the applicant to submit additional information needed to conduct an initial study to determine if the project may have a significant effect on the environment. The Director may suspend application processing if the additional information is not submitted.
D.
Consultation. The Director may consult with any local, County, State, or Federal agency after the application has been accepted by the Department for processing. The applicant shall pay any required fee for such consultation. Application processing may be suspended if any required fee is not paid.
E.
Inspections. Every applicant seeking a permit in compliance with this code shall allow any City or County official participating in review of the application access to the premises or property that is the subject of the application. Failure to cooperate with any City or County official may result in suspension of application processing until the inspection is completed. If access is not granted, the Director may render an application inactive per subsection (F) of this section.
F.
Inactive Application. If an application is deemed incomplete, the Director shall provide written notification or correction letter to the applicant listing the applications, exhibits, revisions to plans, information, additional fees, or any other materials that are necessary to complete the review of the application. If the applicant does not provide the items required by the Director within thirty (30) days of notification, the application shall become inactive. The Director may extend the time limit for a maximum of thirty (30) days upon written request from the applicant.
G.
Denial of Inactive Application. The Director may deny, without a public hearing, an application for a discretionary permit if such application becomes inactive per subsection (F) of this section. The Director may permit the applicant to amend such application without the filing of additional permit fees if the amendments are made before the application is denied. In all other cases, the Director's denial of an inactive application closes the application file. Once an application is denied, the applicant shall submit a new application and fees in compliance with Section 17.06.060 (Application Filing and Withdrawal) in order to proceed with the request.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
When a staff report is required, the Director shall make a report in writing to the review authority based on consideration of information in the record at the time the Director prepares the report. The staff report shall be made available to the applicant no less than seventy-two (72) hours prior to the administrative hearing or public hearing. The report shall include:
A.
A recommendation based on:
1.
Evaluation of the project's conformance with the applicable goals, objectives, policies, and proposals of the General Plan and any other applicable adopted plans and policies;
2.
Determination of compliance with all applicable development standards and requirements for the underlying zone in which the subject property is located;
3.
Determination of the provision of adequate, essential services for the subject property. The Director may consult with local agencies that provide essential facilities or services to determine if the project will be adequately served. Essential facilities and services include, but are not limited to, Fire, Sheriff, schools, water, sanitation, and roads; and
4.
Information in the record including, but not limited to, the application, exhibits, maps, site plan, initial study, environmental determination or CEQA statutory exemption, agency comments, and review comments received prior to the hearing.
B.
A recommendation on the environmental determination:
1.
If the project is subject to environmental review, a recommendation shall be made to adopt a negative declaration, mitigated negative declaration, or certify an environmental impact report.
2.
If the project is found to meet the standards for a categorical exemption under CEQA guidelines, a statement that the project is exempt from environmental review and the class of exemption in which the project qualifies for shall be prepared.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
When this code requires a Type I public noticing, a notice shall be provided in compliance with this section.
A.
Notice Content. A Type I notice shall include the following information:
1.
Action Information.
a.
The date, time, place, and the name of the review authority of the proposed action;
b.
A general description of the City's procedure concerning the conduct of the action;
c.
A statement that written comments may be submitted to the Director prior to the action;
d.
A statement that any interested person or authorized agent may request that the action be heard before the Hearing Officer; and
e.
The phone number, street address, and website of the City, where an interested person can call or visit to obtain additional information.
B.
Distribution. Notice shall be provided as follows:
1.
Mailing. Notice shall be mailed or delivered at least fifteen (15) calendar days before the scheduled action to the following, unless stated otherwise in this code:
a.
Owner(s) and Applicant. The owner(s) of the subject property, the applicant and the applicant's agent, if one has been provided;
b.
Surrounding Properties. Unless otherwise indicated in this code, all owners of property located adjacent to, and directly across the street from, the exterior boundaries of the subject property, as shown on the County's last equalized assessment roll, shall be noticed. If the project site is located within a multiple tenant commercial or industrial center, all tenants or property owners, if different, within the center shall also be mailed the notice;
c.
Persons Requesting Notice. A person who has filed a written request for notice with the Director within one (1) year prior to the action;
d.
Additional Notification Radius Requirements.
i.
In the case of a minor use permit for the sale of alcohol, all owners of property located within a five hundred (500) foot radius of the exterior boundaries of the subject site, as shown on the County's last equalized assessment roll.
ii.
In the case of a minor use permit, a written notice shall be transmitted to the Council and Commission;
e.
In the case of a minor use permit for the transportation of earth (haul routes), no mailing of notifications is required; and
f.
The Director may require additional notification requirements such as site posting and increased notification radius based upon the possible impacts of the proposed project.
C.
Failure to Receive Notice. The failure of any person or entity to receive notice provided in compliance with this section, or with the State Government Code, shall not invalidate the actions of the review authority.
D.
Action. If a written request for an administrative hearing before the Hearing Officer is received prior to the close of business on the fifteenth day after the notice is dated, and if the written request is not anonymous and includes the opposing party's name and contact information, an administrative hearing shall be scheduled. If the request for a Hearing Officer review is rescinded prior to the noticing of the administrative hearing, no administrative hearing shall be required.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 20-10 § 6, 12/8/2020)
When this code requires a public hearing, notice of the hearing shall be provided in compliance with this section and the State Government Code.
A.
Notice Content. Notice of a public hearing shall include the following information:
1.
Hearing Information.
a.
The date, time, and place of the hearing and the name of the review authority;
b.
A general description of the City's procedure concerning the conduct of the public hearing;
c.
A statement that written comments may be submitted to the Director prior to the hearing;
d.
A statement that any interested person or authorized agent may appear and be heard at the public hearing;
e.
The phone number, street address, and website of the City, where an interested person can call or visit to obtain additional information; and
f.
Prior action by an approving authority, if applicable.
B.
Distribution. Notice shall be provided as follows:
1.
Publication. Notice shall be published once in a newspaper of general circulation as determined by the City. The publication shall be at least twenty-one (21) calendar days before the scheduled hearing, unless stated otherwise in this code.
2.
Mailing. Notice shall be mailed by first class mail no less than twenty-one (21) calendar days before the scheduled hearing to the following, unless stated otherwise in this code:
a.
Owner(s) and Applicant. The owner(s) of the subject property, the applicant and the applicant's agent, if one has been provided.
b.
Surrounding Properties.
i.
Unless otherwise indicated in this code, all owners of property located within a one thousand (1,000) foot radius of the exterior boundaries of the subject property, as shown on the County's last equalized assessment roll.
ii.
Multi-Unit Housing. In the case of where multi-unit housing (a structure containing more than one (1) dwelling unit) exists within the required noticing radius, a notice addressed to "Occupant" shall be mailed to each dwelling unit, in addition to those mailed to the owner when the dwelling unit's address is different than the owner's address. For this chapter a mobilehome park shall be considered a multi-unit housing complex.
iii.
If the project site is located within a multiple tenant commercial or industrial center, all tenants within the center shall also be mailed the notice.
c.
Persons Requesting Notice. A person who has filed a written request for notice with the Director within one (1) year prior to the public hearing.
d.
Additional Notification Radius Requirements. In the case of a conditional use permit, a written notice shall be transmitted to the Council.
e.
Exception. In lieu of the public mailing provisions as indicated above, public hearings that require public notifications that identify more than one thousand (1,000) property owners to be noticed by mail, the Director shall require that a larger advertisement (minimum one-eighth (1/8) page) be placed in the newspaper of general circulation in lieu of individual mailings to property owners.
f.
The Director may require additional notification requirements such as additional site posting and increased notification radius based upon the possible impacts of the proposed project.
3.
Notice Sign Posting. Where required by the application type, notice shall be posted on the subject property at least fourteen (14) calendar days before the scheduled public hearing in the following manner, unless otherwise stated in this code.
a.
Dimensions, Materials, and Content. The size, height, materials, colors, content and lettering of the notice sign shall adhere to the specifications described in the checklist by the Department.
b.
Location. One (1) sign shall be erected on each public road frontage adjoining the subject property, legible and accessible by foot from said public road(s). Additional signs may be required by the Director, based on the size and location of the project. The sign(s) shall not create sight distance problems along the adjacent rights-of-way. If the subject property is not visible from an existing public road, the sign posting requirement may be modified by the Director.
c.
Additional Posting Requirements. The Director may require sign(s) to be larger and/or constructed of stronger weather-proof materials to improve visibility and legibility at the posted location(s) as the Director deems appropriate.
d.
Verification. The applicant shall provide the Director with a photograph showing the sign(s) erected on the subject property. The applicant shall also sign an affidavit stating that the sign(s) have been placed on the subject property in compliance with this subsection (B)(3).
e.
Maintenance and Display. The applicant shall be responsible for maintaining the sign(s) in a satisfactory condition and continuously displaying the sign prior to the public hearing.
f.
Removal. The sign(s) shall be removed from the subject property within three (3) weeks following the close of the final public hearing.
g.
Failure to Comply. Failure of the applicant to comply with this subsection (B)(3) shall result in postponement of the public hearing.
h.
Exception. The sign posting provisions of this subsection (B)(3) shall not apply to public hearings on matters initiated by the Director, Commission or Council. The Director may post signs for such public hearings at locations deemed appropriate.
C.
Failure to Receive Notice. The failure of any person or entity to receive notice provided in compliance with this section, or with the State Government Code, shall not invalidate the actions of the review authority.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
When this code requires an administrative hearing by the Hearing Officer, it shall be conducted in compliance with this chapter.
A.
Time and Location. As determined by the Director, an administrative hearing shall be held at the date, time, and location for which notice was given.
B.
Continued Hearing.
1.
An administrative hearing may be continued without further notice; provided, that the review authority announces for the record, the date, time, and location where the hearing will be continued before the adjournment of the hearing.
2.
If the administrative hearing is continued to an undetermined date, or taken off the calendar, the applicant may be required to pay for the cost of a rehearing before the public hearing is rescheduled. Notice of the continued public hearing shall be provided in accordance with Section 17.06.100 (Type I Public Noticing).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
When this code requires a public hearing, it shall be conducted in compliance with this chapter.
A.
Time and Location. As determined by the Director or City Clerk, a hearing shall be held at the date, time, and location for which notice was given.
B.
Continued Hearing.
1.
A hearing may be continued without further notice; provided, that the review authority announces for the record the date, time, and location where the hearing will be continued before the adjournment of the hearing.
2.
If the public hearing is continued to an undetermined date, or taken off the public hearing calendar, the applicant may be required to pay for the cost of a rehearing before the public hearing is rescheduled. Notice of the continued public hearing shall be provided in accordance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
A.
Authorized Actions. The review authority may approve, conditionally approve, or deny the application.
B.
Required Findings. The review authority shall approve the application only after the applicant substantiates the following required findings:
1.
The proposal is consistent with the General Plan;
2.
The proposal is allowed within the applicable underlying zone and complies with all other applicable provisions of this code;
3.
The proposal will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare, or be materially detrimental or injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located; and
4.
The proposal is physically suitable for the site. The factors related to the proposal's physical suitability for the site shall include, but are not limited to, the following:
a.
The design, location, shape, size, and operating characteristics are suitable for the proposed use;
b.
The highways or streets that provide access to the site are of sufficient width and are improved as necessary to carry the kind and quantity of traffic such proposal would generate;
c.
Public protection services (e.g., Fire protection, Sheriff protection, etc.) are readily available; and
d.
The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.) is adequate to serve the site.
C.
Additional Findings. In addition to the findings stated in subsection (B) of this section, additional findings may be required for individual entitlements found in this code.
D.
Failure to Substantiate Findings. The review authority may deny the application where the information submitted by the applicant and/or presented at the public hearing fails to substantiate all of the required findings to the satisfaction of the review authority.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
A.
Commission.
1.
After the Commission's public hearing on a legislative action or action requiring a Council action, the recommendation and findings of the Commission shall be forwarded to the Council unless the Commission denies the request.
2.
After the Commission's public hearing on a discretionary application, which is heard concurrently with a legislative or other entitlement requiring a Council action, the recommendation and findings of the Commission on the legislative and quasi-judicial matters shall be forwarded to the Council concurrently unless the Commission denies the request.
B.
Copy of Recommendation to Applicant. A copy of the recommendations shall be mailed to the applicant at the mailing address stated in the application.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
A.
Hearing Officer Action. At the conclusion of an administrative hearing, the Hearing Officer shall take action on the application to approve, deny or refer the application to the Commission. A decision to approve or deny is final unless the decision is appealed to the Commission.
B.
Commission Action. At the conclusion of a public hearing, the Commission shall take action on the application. The decision is final unless the Commission's action is advisory to the Council, or the decision is appealed to the Council.
C.
Council Action. At the conclusion of a public hearing, the Council shall take action on the application. The decision of the Council shall be final on any matter.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 15-11 § 5 (Exh. A), 12/8/2015)
A.
Once the review authority takes action on a discretionary application, it shall issue a notice of action. The notice of action shall describe the action taken, list the findings that were the basis for the decision, and include any applicable conditions.
B.
Findings, where required by State law or this code, shall be based upon consideration of the application, plans, testimony, reports and other materials that constitute the administrative record and shall be stated in writing.
C.
The Director shall mail the notice of action to the applicant in compliance with Section 17.06.140(B) (Copy of Recommendation to Applicant).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
A.
The decision of the review authority shall be effective on the fifteenth calendar day following the date of the decision, except when the decision is appealed or a request for a certification of review is initiated by the appeal body, according to Table 17.06-1 (Review Authority) before the effective date of the decision. When a case is heard before the Council, the action is final on the date of the decision. However, in the case of a legislative action, the project is effective thirty (30) days after the second reading of the ordinance by the Council.
B.
If the last day to file an appeal or certification of review falls on a nonbusiness day for the appeal body, then the deadline is extended to the next business day and the effective date of the decision is also extended to the following business day.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
A.
Only legally established uses and development, authorized by a permit issued from the Department, may be used on a property. All other uses and activities are not permitted unless they are permitted by the underlying zone.
B.
Unless otherwise specified by the review authority, the approved site plan, floor plans, building elevations, and any additional items considered for approval during the process shall be deemed part of the approval by the review authority.
C.
For a Class I application, an approval or denial may be in the form of a stamp, signature, electronic stamp, or other official notation or documentation on the site plan and/or in the form of a letter.
D.
For Class II, Class III, Class IV, Class V and Class VI applications, the plans, upon approval by the review authority, shall be stamped and referred to as "Approved Site Plan." Unless otherwise indicated in the approval, the approved site plan shall not be stamped approved until the permit has become effective in compliance with Section 17.06.170 (Effective Date of Decision), all performance guarantees and covenants in compliance with Section 17.06.220 (Performance Guarantees and Covenants) and any applicable conditions of approval have been completed.
E.
If the use or structure is contrary to the description in the application, so as to either violate this code and/or the conditions of approval, or require additional permits, then the approval shall be deemed null and void. Enforcement measurements will be taken until the violation is corrected.
F.
All permits may be subject to periodic review to determine compliance. If a condition specifies that uses allowed under the permit are subject to periodic reporting, monitoring or assessments, or a time limitation, it shall be the responsibility of the property owner and their successors to comply with these conditions.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
In approving any discretionary application, the review authority may impose conditions deemed reasonable and necessary to ensure that the permit will be in compliance with the findings required by Section 17.06.130 (Findings and Decision).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
Any property involved in a discretionary application shall not be used for the use requested in an application until, and unless, the permit has become effective, in compliance with Section 17.06.170 (Effective Date of Decision) and an approved site plan has been issued by the Department in compliance with Section 17.06.180 (Scope of Approvals).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
Unless specifically prohibited by this code, any approval granted pursuant to the provisions of this code, and that is valid and in effect, shall adhere to the land. The approval, including any applicable conditions or requirements, shall continue to be valid upon change of ownership of the subject land or any lawfully existing structure from the effective date of the permit, except when a permit expires and becomes void in compliance with this chapter or as otherwise specified in the conditions of approval.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
Approval of an application may require that the permittee guarantee, warrant or ensure compliance with the provisions of this code, approved plans or conditions. To ensure compliance, the City may require the permittee to:
A.
Record the terms and conditions of the approval with the Registrar-Recorder/County Clerk. Upon any transfer or lease of the property during the term of this grant, the permittee shall provide a copy of the permit approval and its conditions to the transferee or lessee;
B.
Deposit a financial assurance or bond or other mechanism in a reasonable amount, as determined by the Director or City Engineer, to ensure the faithful performance of one (1) or more of the conditions of approval;
C.
Record a covenant restricting the use of the subject property (e.g., limitations on occupancy or maintenance of affordability) with the Registrar-Recorder/County Clerk; or
D.
Record a covenant guaranteeing use and maintenance on a separate property necessary to comply with requirements (e.g., adequate access) with the Registrar-Recorder/County Clerk.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
A.
A permit shall be used within the time limit specified in the permit, or, if no time limit is specified, two (2) years after the date the decision is made by the review authority. If the permit is not used within the applicable time limit, the approval becomes null and void.
B.
The Director may extend the time limit in which to initiate a permit for a maximum of one (1) year at a time. An application requesting the extension shall be filed prior to the expiration date. A maximum of two (2) one (1) year extensions may be granted by the Director. Subdivisions shall be limited to the requirements of the Subdivision Map Act.
C.
In the case of applications heard concurrently with a land division, the limits and extensions shall be concurrent and consistent with those of the land division.
D.
In the case of a permit for a publicly owned use, no time limit shall apply to use the approval; provided, that the public agency acquires the property involved or commences legal proceedings for its acquisition, within one (1) year of the effective date of the approval.
E.
A permit shall be considered used when activity authorized by the permit has commenced that would otherwise be prohibited in the underlying zone if no permit had been granted. For this subsection (E), activity shall include grading with required grading permits, construction with required building permits, or the commencement or initiation of the permitted use.
F.
A discretionary permit shall automatically cease to be of any force and effect if the use for which the permit was granted has ceased or has been suspended for a consecutive period of two (2) or more years.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
No discretionary application shall be filed or accepted if a denial has been taken within one (1) year on an application requesting the same, or substantially the same application unless, the review authority finds that the denial was without prejudice.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)