§ 17.64

The following provisions outline requirements for the implementation or exercising of the permits required by this development code, including time limits, and procedures for extensions of time. Time limits and extension criteria for tentative maps are found in Article IV, beginning with Section 17.41.300.

(Ord. No. 2010-265, § 3, 1-27-2010)

The land use permits established by this article shall become effective on the eleventh day following the date of application approval by the appropriate review authority, provided that no appeal of the review authority's action has been filed in compliance with Chapter 17.74.

(Ord. No. 2010-265, § 3, 1-27-2010)

Any permit application deemed approved in compliance with Government Code Section 65956 shall be subject to all applicable provisions of this development code, which shall be satisfied by the applicant before any construction permit is issued, or a land use not requiring a construction permit is established.

(Ord. No. 2010-265, § 3, 1-27-2010)

A permit applicant may be required by conditions of approval or by action of the director to provide adequate security to guarantee the faithful performance and proper completion of any approved work, and/or compliance with conditions of approval imposed by the review authority. The provisions of this section apply to performance guarantees for projects

authorized by any of the land use permits covered by this article. Requirements for performance guarantees for subdivision improvements are instead provided by Section 17.48.040.

A.

Form and Amount of Security. The required security shall be in the form of a cash deposit, cashier's check or certified check deposited with the city's finance department. Where approved by the director, a certificate of deposit or letter of credit may be used, with the city named as beneficiary, where the security pledges that funds necessary to complete permitted work are on deposit and guaranteed for payment to the city when required by the city. The amount and form of security shall be as determined by the director. The amount of security shall be sufficient to ensure proper completion of the work and/or compliance with conditions of approval.

B.

Security for Maintenance. In addition to any improvement security required to guarantee proper completion of work, the director may require security for maintenance of the work, in an amount determined by the director to be sufficient to ensure the proper maintenance and functioning of improvements.

C.

Duration of Security. Unless otherwise specified in the permit, required improvement security shall remain in effect until final inspections have been made and all work has been accepted by the director. Unless otherwise specified in the permit, maintenance security shall remain in effect for one year after the date of final inspection. Security for oak tree monitoring shall comply with the provisions of Chapter 17.32.

D.

Release or Forfeit of Security. Upon satisfactory completion of work and the approval of a final inspection (or after the end of the required time for maintenance security), the improvement and/or maintenance security shall be released. However, upon (i) failure to complete the work, (ii) failure to comply with all of the terms of any applicable permit, or (iii) failure of the completed improvements to function properly, the city may do the required work or cause it to be done, and collect from the permittee or surety all the costs incurred by the city, including the costs of the work, and all administrative and inspection costs. Any unused portion of the deposit shall be refunded to the permittee after deduction of the cost of the work by the city.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Time Limits. Unless conditions of approval or other provisions of this development code establish a different time limit, any permit or entitlement not exercised within one year of approval shall expire and become void. A permit shall not be deemed exercised until the permittee has obtained a building permit and performed substantial construction, commenced construction, or has commenced the permitted use on the subject property in compliance with the conditions of approval provided, however, that if a permittee has taken all actions necessary to obtain a building permit and such a permit has not issued solely due to the requirements of Sections 17.18.020(E), 17.18.025 (E) or Section 17.18.050(B) of this title, then the expiry of the permit shall be tolled from the date the permittee takes the last action on necessary to obtain a building permit to the date that a permit issues.

B.

Extensions of Time. Upon request by the applicant, the director may extend the time for an approved permit to be exercised. The applicant shall file a written request for an extension of time with the department at least ten (10) days before the expiration of the permit, together with the filing fee required by the city fee resolution. The director shall then determine whether the permittee has attempted to comply with the conditions of the permit. The burden of proof is on the permittee to

establish with substantial evidence that the permit should not expire. If the director determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the director may renew the permit for an additional one year from the date of the decision.

C.

Hearing on Expiration. At the request of the applicant, the director may hold a hearing on any proposed expiration of a permit, in compliance with Chapter 17.78.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2010-267, § 6, 2-10-2010)

Development or a new land use authorized through an entitlement granted in compliance with this chapter shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project are approved in compliance with this section. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Changes may be requested either before or after construction or establishment and operation of the approved use.

A.

The director may authorize changes to an approved site plan, architecture or the nature of the approved use if the changes:

1.

Are consistent with all applicable provisions of this chapter;

2.

Do not involve a feature of the project that was specifically addressed or 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 in the approval of the permit;

4.

Do not result in a significant expansion of the use; and

5.

Are generally consistent with the intent of the original approval.

B.

Changes to the project involving features described in subsections (A)(2) and (3) of this section shall only be approved by the review authority through a new permit application processed in compliance with this development code.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

A conditional use permit granted in compliance with Chapter 17.62 shall continue to be valid upon a change of ownership of the site, business, service, use or structure that was the subject of the permit application.

B.

Change in Ownership. In the event there is a change in either the owner or operator of a site with a conditional permit, the issuance of a new conditional use permit shall not be required. The new owner or operator shall (i) notify the city of the change in identity of the owner or operator within fifteen (15) days after the date the change becomes effective, (ii) register such change with the director by providing the name and business address of the new owner or operator, and (iii) verify in writing that the new owner or operator has fully reviewed the conditional use permit and is familiar with its terms. Upon receipt of notification of a change in the owner or operator of a conditional use permit, the city may inspect the property to make certain that the new owner or operator is complying with all the terms and conditions of the conditional use permit. The new owner/operator shall agree in writing to all applicable conditions and operating standards prior to re-opening/use under the new ownership.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.66 - Specific Plans