§ 28.54

This Section contains general requirements for the implementation of the approved permits and authorizations required under this Article including time limits for permit implementation, procedures for

granting time extensions or revisions to an approved permit, and revocation of permit approvals.

(Ord. No. 503, 12-16-2014)

Final action on any permit or authorization approval of the Commission shall become effective eleven working days from the decision by the Decision Making Authority where no appeal of the approval has been filed in compliance with Section 28.52.090 (Appeals). A decision by the Council is final and effective on the date of the action, unless otherwise required by State law. A properly filed appeal shall stay the issuance of any such permit or authorization until the appeal is decided.

(Ord. No. 503, 12-16-2014)

Any Use Permit or Variance Permit approval that is granted in compliance with Article V, Divisions 2 and 3 (General Application Procedures and Permit Requirements, etc.) shall be deemed to run with the land through any change of ownership of the subject site from the effective date of the permit, providing it is in compliance with Section 28.54.050.A, when applicable, and with any licensing requirements by the new property owner. All active conditions of approval shall continue to apply after a change in property ownership.

(Ord. No. 503, 12-16-2014)

Any Maintenance Agreement required by a project as a condition of approval shall be recorded and shall be deemed to run with the land through any change in ownership of the subject site from the time of recordation.

(Ord. No. 503, 12-16-2014)

A.

Deposit of Security. As a condition of approval of any permit, and upon a finding that the public health, safety, and welfare warrants it, the Decision Making Authority may require a form of surety in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval of the aforementioned permits or authorizations.

1.

The applicant may elect to provide adequate surety for the faithful performance of a condition(s) of approval if the Director determines that the condition(s) may be implemented at a later specified date due to reasons beyond the applicant's control, such as the inability to install required landscaping due to poor weather conditions.

The surety shall be in the form of cash, certified or cashier's check, letter of credit, performance bond, or other form of surety executed by the applicant and a corporate surety authorized to do business in California and approved by the City.

B.

Release of Security. Upon satisfactory compliance with all applicable provisions of this Section, the security deposit shall be released.

C.

Failure to Comply.

1.

Upon failure to perform any secured condition, the City may perform the condition or cause it to be done, and may collect from the applicant and surety, in the case of a bond, all costs incurred, including administrative, engineering, legal, and inspection costs.

2.

Any unused portion of the security shall be refunded to the applicant after deduction of the cost of the work.

3.

The Director's determination may be appealed to the Council by the applicant, by filing an appeal with the City Clerk within 10 days after the decision to withhold the bond, in compliance with Section 28.52.090 (Appeals).

(Ord. No. 503, 12-16-2014)

A.

Time Limits. A permit or authorization that is not exercised within 24 months from the effective date shall expire and become void unless a condition of approval or other provision of this Article establishes a different time limit or unless an extension of time is approved in compliance with Subsection B, below.

1.

The permit or authorization shall be deemed "exercised" when the applicant has commenced actual construction or alteration under an active building permit and at least one inspection has been conducted and approved by the Building Official or, in cases where a building permit is not required, has substantially commenced the approved activity or allowed use on the site in compliance with the conditions of approval.

2.

After it has been exercised, a permit or authorization shall remain valid as long as either a building permit remains active for the project or a final Certificate of Occupancy has been granted, in compliance with Subsection C (Permit Expiration).

3.

The expiration of a permit or authorization associated with a tentative subdivision or parcel map, specific plan or development agreement, shall coincide with the term of that entitlement, and not be subject to the time extension in Subsection B below.

B.

Time Extensions. The City may extend the time limit for a permit or authorization in compliance with the following procedures:

1.

The applicant shall file a written request for an extension of time with the Department at least 30 days before the expiration of the permit or authorization, together with the required filing fee established through resolution of the Council.

2.

A permit or authorization may be extended for a total of 36 months beyond the expiration of the original decision granting approval.

3.

Action on a request for extension of a permit shall be referred to the original Decision Making Authority, except as provided in Subparagraph 3.a, below. The time limit for exercising a permit or authorization may be extended by one of the following methods:

a.

The Director finds that:

(1)

Substantial progress has been made in implementing the permit; or the applicant has established, with substantial evidence, that circumstances beyond the control of the applicant, such as poor weather during periods of planned construction, have prevented exercising the permit or authorization; or

(2)

Not more than 36 months will be necessary to exercise the permit, in compliance with Paragraph A.1 above; or

The original Decision Making Authority finds that:

(1)

No change in conditions or circumstances has occurred that would have been grounds for denying the original application; and

(2)

The applicant has been diligently pursuing implementation of the permit.

4.

Modified conditions may be imposed when a time extension is granted that update the permit where required to protect the public health and safety or to comply with provisions of State or Federal law.

C.

Permit Expiration.

1.

All permits authorized by this Section shall automatically expire by operation of law when time frame established in Subsection A has elapsed, unless a time extension has been approved under Subsection B.

2.

When it is discovered that a permit has expired, the Department shall send notice of such termination to the property owner and/or applicant. Failure to send such notice shall not affect the expiration of the permit.

3.

After the expiration of a permit or authorization, whether through denial of a request for a time extension, failure to request a time extension, or other cause, no further work shall be done on the site until a new permit or authorization and any subsequent building permit or other City permits are first obtained.

(Ord. No. 503, 12-16-2014)

All structures and uses shall be constructed or otherwise established only as approved by the Decision Making Authority, and in conformance with all conditions of approval, except as provided herein. Modifications of the conditions of approval provided for in this Section, including alteration of the project design, expansion, reduction, or phasing of the development, or further disturbance of the site, may be allowed as follows:

A.

An application for a revision to an approved permit or authorization may be submitted to the Department either before or after the commencement of construction or establishment of an approved use. The application shall consist of a written description of the proposed modifications, appropriate supporting documentation, plans, or other information deemed necessary by the Director to evaluate the proposed change.

B.

The Director may approve a minor modification(s) when the findings can be made that the modification(s):

1.

Does not involve a feature of the project that was specifically addressed in the conditions of approval, mitigation measures, or findings for approval of the project;

2.

Does not result in an expansion of the project;

3.

Does not substantially alter the original approval decision; and

4.

Does not result in changed or new impacts to the surrounding environment that would necessitate modifications to the CEQA document approved for the project.

C.

Revisions to a permit or authorization which result in an expansion or substantial alteration of the project, or which may affect a condition of approval, mitigation measure, or finding that was specifically addressed by the Decision Making Authority, may only be approved by said authority following a public hearing.

D.

Director approval of minor modifications shall be processed using the Director-level Review procedures of Section 28.50.030.A. If the Director determines that the request requires a public hearing by the Decision Making Authority of original jurisdiction, notice shall be given in compliance with the same noticing requirements of the original application.

E.

The Decision Making Authority may modify or impose new conditions to the permit revision when necessary to carry out the original permit or when necessary to protect the public health and safety or to comply with provisions of state or federal law.

F.

Appeal of a decision on a Revision to an Approved Permit or Authorization shall be processed in compliance with Section 28.52.090 (Appeals).

(Ord. No. 503, 12-16-2014)

A.

For a period of 12 months following the date of the disapproval of a discretionary planning permit or amendment, no application for the same or substantially similar planning permit or amendment shall be filed for the same site, or any portion of the site, except where the Director determines that substantial new evidence or proof of changed circumstances warrants further consideration.

B.

The Director shall determine whether a new application is for a planning permit or amendment that is the same or substantially similar to a previously approved or disapproved permit or amendment, and shall either process or reject the application in compliance with this Section. The Director's determination may be appealed to the Commission in compliance with Section 28.52.090 (Appeals).

(Ord. No. 503, 12-16-2014)

Any permit authorized under this Article may be revoked or modified by the City when it is found that conditions required for the approval of the permit have been violated, have lacked substantial compliance, or when the use is determined to be a public nuisance.

A.

The following procedures shall be used for revocation or mandated modification of previously approved permits or authorizations:

1.

The Decision Making Authority of original jurisdiction shall hold a public hearing to revoke or modify a permit or authorization granted in compliance with the provisions of this Article. Where the Decision Making Authority was the Director, the hearing shall be referred to the Commission for determination.

2.

Notice shall be provided to the owner of the property, as shown on the City's current equalized assessment roll, and to the applicant for the permit or approval if different from the property owner on which the use or structure authorized by the permit being considered for revocation exists for the permit or approval being considered for revocation.

3.

Notice shall be mailed through the U.S. Postal Service, certified, first class, and postage paid, at least twelve days prior to the public hearing for all permits being considered for revocation.

4.

Any permit or authorization may be revoked or modified by the review authority if any one of the following findings can be made:

a.

Circumstances under which the permit or authorization was granted have been changed by the applicant to the extent that one or more of the findings that justified the original approval can no longer be made;

b.

The permit or authorization was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the testimony presented by the applicant during the public hearing;

c.

One or more of the conditions of approval have not been substantially fulfilled or have been violated;

d.

An improvement authorized in compliance with the permit is in violation of any applicable code, law, ordinance, regulation, or statute; or

e.

The improvement/use allowed by the permit has become detrimental to the public health, safety, or welfare; or the manner of operation constitutes and/or is creating a public nuisance.

5.

As an alternative to revocation, the City may mandate modification of a permit or authorization including the duration of the permit or authorization, any operational aspect of the project, or any other aspect or condition determined to be reasonable and necessary to ensure that the project is operated in a manner consistent with the original findings for approval.

6.

The City's action to revoke a permit or authorization shall have the effect of terminating it and denying the privileges granted by the original approval.

B.

Appeal. Any permit revoked by the Decision Making Authority may be appealed in compliance with Section 28.52.090 (Appeals).

C.

Use after Revocation. When an approved permit or authorization has been revoked, no further development or use of the property authorized by the revocation shall be continued, except in compliance with the approval of a new permit or authorization required by this chapter.

(Ord. No. 503, 12-16-2014)