This chapter provides requirements for the implementation, or "exercising," of the permits or approvals required by this title, including time limits and procedures for approving extensions of time, modifying approved permits, and revoking permits.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)
A. 
Discretionary Permits.
1. 
Design Review—Minor approval, Hillside Area Construction Permit, Home Occupation Permit, Minor Modification approval, Minor Use Permit, Reasonable Accommodation approval, or Temporary Use Permit shall become effective immediately upon expiration of any appeal or call for review period. If an appeal or call for review is filed, such permit or approval shall become effective immediately upon the final appeal or call for review decision.
2. 
A Conditional Use Permit, Design Review—Major approval, Special Permit, or Variance shall become effective 10 days following the actual date the decision was rendered by the applicable Review Authority, unless an appeal is filed in compliance with Chapter 25.98 (Appeals) prior to the effective date. If an appeal is filed, such permit or approval shall become effective immediately upon rendering of the final appeal decision.
3. 
Denial of a request for approval, permit, or variance becomes effective the date of determination.
B. 
Agreements, Plans, and Zoning.
1. 
Council actions to adopt or amend a Development Agreement, a Specific Plan, the Zoning Code, or the Zoning Map following receipt of a recommendation from the Commission shall become effective on the 30th day following the date the ordinance is actually adopted by the Council.
2. 
Council actions to adopt or amend the General Plan shall become effective upon the adoption of the resolution by the Council.
(Ord. 2000, 2021; Ord. 2035, 12/16/2024; Ord. 2046, 3/2/2026)
A. 
Time Period. To ensure continued compliance with the provisions of this title, a building permit shall be issued within 24 months following the effective date of the permit or approval, or the permit or approval shall be deemed void, unless an extension is approved in compliance with Section 25.88.030.C (Time Extensions).
B. 
Reasonable Limits. Any time limit set by the applicable Review Authority shall be reasonable, based upon the size and the nature of the proposed project.
C. 
Time Extensions.
1. 
The Director shall have the authority to extend the period specified in subsection A, above, for up to 12 months.
2. 
The applicant's written request for an extension of time shall be on file with the Department at least 30 days before expiration of the permit or approval, together with any filing fee.
3. 
No public hearing shall be required. However, the Director may require a public hearing in compliance with Chapter 25.100 (Public Hearings and Notice) if deemed appropriate by the Director.
4. 
In the event the Director denies the request for extension, the applicant may, within 10 days of the decision, appeal the decision in compliance with Chapter 25.98 (Appeals and Calls for Review).
5. 
Findings Required. An extension of the permit or approval may be granted only if the Director first makes all of the following findings:
a. 
There have been no changes in circumstances or law that would preclude the Director from making the findings upon which the original approval was based; and
b. 
Appropriate evidence has been provided by the applicant to document that the extension is required due to a hardship that was not the result of personal action(s) undertaken by the applicant.
D. 
Further Extensions Deemed New Application. An application for an extension of the permit or approval in excess of 36 months following the original date of approval (original 24 months plus up to an additional 12 months) shall be treated as a new application, unless approved through a Development Agreement or similar mechanism.
E. 
Effect of Expiration. Where the permit or approval has expired and/or has been deemed void:
1. 
No further action is required by the City;
2. 
No further reliance may be placed on the previously approved permit or approval;
3. 
The applicant shall have no rights previously granted under the permit or approval;
4. 
The applicant shall file a new application(s) and obtain all required approvals before construction can commence or an allowable use may be implemented; and
5. 
The new application(s) shall be subject to the regulations in effect at time of submittal.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)
A. 
Permit Amendments. A permit required by this Zoning Code and approved by the Review Authority identified in Chapter 25.60 and Table 6-1: (Review Authority) may be modified or amended after approval and issuance in compliance with this section.
1. 
An applicant shall request any desired changes to a permit or approval to the Director in writing and shall also furnish appropriate supporting materials and an explanation of the reason(s) for request.
2. 
Requested changes to one or more conditions imposed by the Review Authority or changes to the operation, use, or physical characteristics of the project (e.g., hours of operation, expansion of a use, design etc.) as originally approved by the Review Authority may be requested.
3. 
Changes shall not be implemented until first approved by the applicable Review Authority in compliance with this section and may be requested either before or after construction or establishment and operation of the approved use.
B. 
Review Authority of Permit Amendments.
1. 
Director Review. Except when combined with legislative actions or other non-administrative actions, the Director, or designee, is the designated Review Authority for amendments to permits identified in Section 25.60.020.A (Administrative Permits and Actions). The Director, at the Director's sole discretion, may elevate the level of review to a higher Review Authority.
2. 
Planning Commission Review. Except when combined with legislative actions, the Planning Commission is the designated Review Authority for amendments to permits identified in Section 25.60.020.B (Quasi-Judicial Permits and Actions), even if the City Council was the approval body for the original permit because it was combined with a legislative action, or had an accompanying environmental document or other entitlement requiring City Council approval, or was appealed to City Council.
a. 
The Director may authorize minor amendments to permits originally approved by the Planning Commission only if the changes:
i. 
Are consistent with the applicable provisions of this title and the spirit and intent of the original approval; and
ii. 
Do not involve a feature of the project that was a basis for findings in the environmental document or a specific consideration of the Planning Commission in granting the permit or approval; and
iii. 
Do not involve any expansion or intensification of the use or structure.
b. 
The Director may authorize minor amendments to the exterior design of a project originally approved by the Planning Commission that meet the following parameters:
i. 
Roof.
(A) 
Changes to the roof pitch are less than one foot in height.
(B) 
Changes to the roofing material that are consistent with the overall design of the project and of equal or greater quality to the original approval.
ii. 
Windows.
(A) 
Changes in window size, shape, grid pattern, trim, material, location, and amount that are consistent with the overall design of the project and of equal or greater quality to the original approval.
iii. 
Exterior Materials.
(A) 
Changes to exterior materials, trim, and doors that are consistent with the overall design of the project and of equal or greater quality to the original approval.
iv. 
Skylights. The addition or modification to skylights.
3. 
City Council Review. The designated Review Authority for all legislative actions is the City Council, as identified in Section 25.60.020.C (Legislative Actions).
C. 
Public Hearing and Notice. A Public Hearing is required for Permit Amendments being acted on by the Planning Commission or City Council in accordance with Chapter 25.100 (Public Hearings). Permit Amendments shall be noticed in accordance with the requirements established in Chapter 25.100 (Public Hearings and Notice) for the permit type being amended.
D. 
Findings. The Permit Amendment is subject to and shall make the findings required for the permit type being amended as defined in this Zoning Code.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)
A. 
Grounds. Any permit or approval previously granted or issued under this title may be revoked or suspended on any one or more of the following grounds:
1. 
That the approval was obtained by fraud or misrepresentation;
2. 
That the use for which such approval was granted is not being exercised;
3. 
That the use for which such approval was granted has ceased to exist or has been suspended for one year or more;
4. 
That the conditional use permit or variance is being, or has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or other regulation; and
5. 
That the use for which approval was granted was so exercised as to be detrimental to the public health, safety, or welfare or so as to constitute a nuisance.
B. 
Notice. Written notice to revoke or modify a permit or approval shall be served on the permittee and property owner, as shown on the last equalized assessment roll, either personally or by form providing proof of delivery, and shall state:
1. 
The reasons for the proposed revocation, suspension, or modification; and
2. 
That the proposed action will be taken by the Director unless a hearing before the Planning Commission is requested within 15 days after the date of the notice. If no response is received, the Director shall forthwith revoke, suspend or modify the variance or permit as set forth in the notice.
C. 
Hearing. If a hearing is requested, at least 10 days' notice shall be given to the requested party. At any such hearing, the permittee or property owner shall be given the opportunity to be heard, and he or she may call witnesses and present evidence in his or her behalf. Upon conclusion of such hearing, the Planning Commission shall determine whether or not the permit or approval shall be suspended or revoked. Such determination may be appealed to the Council.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)
In acting to revoke or suspend a permit or approval, the Review Authority shall make the following findings:
A. 
Circumstances under which the permit or approval was granted have been changed by the applicant to a degree that one or more of the findings required to grant the original permit or approval can no longer be made;
B. 
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;
C. 
One or more conditions of approval have been violated, or have not been complied with or fulfilled;
D. 
Failure or refusal to allow inspections for compliance; or
E. 
Improvements authorized by the permit or approval are in violation of any code, law, ordinance, regulation, or statute, or the use or structure is being operated or maintained in a manner which constitutes a nuisance.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)