Chapter 17.595 — PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS

This Chapter provides requirements for the implementation or "exercising" of the permits or entitlements specified by this Title, including time limits and procedures for granting extensions of time and changes to an approved project. (Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

A. Compliance. All work for which project drawings and plans have received approval by the Director, Commission, or Council shall be performed in substantial compliance with the approved drawings and plans, any statements (written or oral) made in support of the application, any conditions of approval imposed by the review authority, and any minor changes approved by the Director.

B. Changes. Any minor changes to or deviations from the approved drawings and plans that do not change the intent of the original approval may be approved by the Director. In the case of a discretionary permit, the original review authority shall review and approve any major changes, in compliance with § 17.595.035 (Changes to an Approved Project).

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

A. Discretionary Decisions by the Director or Commission. Any Administrative Use Permit, Conditional Use Permit, Administrative Modification, Variance, Administrative Site Plan Review, or Site Plan Review shall become effective on the eleventh working day following the date the decision is rendered by the appropriate review authority, provided that no appeal of the review authority's action has been filed in compliance with Chapter 17.640 (Appeals). A decision shall be considered rendered as follows.

1. Decisions made following a public hearing. When a resolution is adopted without changes or with changes that

are read into the record.

2. Decisions made by the Director. When a Notice of Decision is signed by the Director.

B. Ministerial Permits. Zoning Clearances and other ministerial staff decisions shall be effective immediately upon being stamped and signed by staff.

C. Decisions by Council. Any Comprehensive Plan, Development Agreement, Specific Plan, or amendment to the Zoning Map and this Title shall become effective on the thirtieth day following the date the decision is rendered by the Council. A General Plan amendment shall become effective immediately upon adoption of a resolution by the Council. (Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

A permit application deemed approved shall be subject to all applicable provisions of this Title, which shall be satisfied by the applicant before a Building Permit is issued, or a land use not requiring a Building Permit is established.

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

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 of any or all conditions of approval imposed by the review authority. The Director, in concert with the Building Official, shall be responsible for setting the amount of the required security at a level that is reasonable in relation to the conditions being guaranteed.

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

A. Time Limits. To ensure continued compliance with the provisions of this Chapter, each approved permit or entitlement shall expire two years from the date of approval, if the use has not been exercised, unless otherwise specified in the permit or entitlement or permitted by State law. A time extension may be granted in compliance with § 17.595.030.C. (Project Phasing) and § 17.595.030.D. (Extensions of Time) below, if a written request is submitted by the applicant and received by the Division prior to expiration of the approval.

If a permit or entitlement has not been exercised within the established time frame, and a time extension is not granted, the permit or entitlement shall deemed void.

B. Permit Implementation - Exercising the Permit or Entitlement. The zoning approval shall not be deemed "exercised" until the permittee has commenced actual construction (after obtaining any required construction permit); provided that, in all cases, construction shall be diligently pursued until completion of the subject structure. If no construction is required, the zoning approval shall be deemed "exercised" when the permittee has actually commenced the allowed use on the subject site, in compliance with the conditions of approval.

C. Project Phasing. If a project is to be developed in approved phases, each subsequent phase shall be exercised within 12 months from the date that the previous phases was exercised, unless otherwise specified in the zoning approval, or the zoning approval shall expire and be deemed void. If the project also involves the approval of a Tentative Map, the phasing shall be consistent with the Tentative Map, and the zoning approval shall be exercised before the expiration of the Tentative Map, or the zoning approval shall expire and be deemed void.

D. Extensions of Time.

1. An applicant may request an initial extension of time. The applicant shall file a written request for an initial extension of time with the Division, accompanied by the required filing fee, prior to expiration of the approval and shall be granted an automatic two-year extension.

2. An applicant may request subsequent extensions of time. The applicant shall file a written request for an initial extension of time with the Division, accompanied by the required filing fee, prior to expiration of the approval. The burden of proof is on the applicant to establish, with substantial evidence that the zoning approval should be extended. Upon determination that the applicant has made a good faith effort to establish the permit, the Director may extend the time to establish an approved permit for up to an additional 12 months, unless the conditions of approval authorize longer extensions.

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

An approved development or new land use shall be established only as specified by the approved land use permit, and subject to any conditions of approval. An applicant may request, in writing, to amend the approved permit, and shall furnish appropriate supporting materials and an explanation of the reasons for the request.

A. Minor changes may be approved, modified, or denied by the Director. Major changes shall be approved, modified or denied by the original review authority.

B. The Director shall determine whether a proposed change is major or minor. The determination that the change is major depends on whether the proposal may result in:

1. Significant impacts to the surrounding neighborhood.

2. Significant environmental impacts.

3. A change to the approved use or a significant change to project design.

4. A change to the basis on which the environmental determination for the project was made.

5. A change to the basis upon which the review authority made the findings for approval of the project.

A major change request shall be processed in the same manner as the original permit or entitlement.

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

For a period of one year following the approval, disapproval or revocation/modification of a discretionary land use permit or entitlement, no application for the same or substantially similar discretionary permit or entitlement for the same site shall be filed. The Director shall determine whether the new application is for a discretionary land use permit or entitlement that is the same or substantially similar to one previously approved or disapproved. (Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

When necessary to achieve the land use goals of the City, the City may require a property owner(s) to execute and record a Covenant in favor of the City. The Covenant may be imposed as a condition of approval by the Director, Commission, or Council. The applicable processing fees shall be specified in the City Council Fee Resolution, which may be obtained from the Division.

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)