§ 22.66

Administrative development review, development review, minor variances, variances, minor conditional use permits or conditional use permits shall become effective on the 11th 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 22.74 (Appeals). Development agreements, specific plans, and amendments to the general plan, zoning map and this Development Code shall become effective on the 30th day following the date the decision is rendered by the council. Permits, certificates and/or other entitlements shall not be issued until the effective date.

The applicant shall sign the affidavit of acceptance or other entitlement, within 30 days of approval, indicating full understanding and concurrence with the approval and all conditions imposed by the review authority, or the entitlement will be deemed void.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.66.030. - Applications deemed approved.

A permit application deemed approved in compliance with state law (Government Code § 65956) shall be subject to all applicable provisions of this Development Code, 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. 02(1998), § 2, 11-3-98)

Sec. 22.66.040. - Performance guarantees.

A permit applicant may be required by conditions of approval or by action of the director or hearing officer to provide adequate security to guarantee the faithful performance of any or all conditions of approval imposed by the review authority. The director or hearing officer, in concert with the building official, shall be responsible for setting the amount of the required security.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.66.050. - Time limits and extensions.

(a)

Time limits. To ensure continued compliance with the provisions of this chapter, each approved permit or entitlement shall expire one year from the date of approval, unless otherwise specified in the permit or entitlement, if the use has not been exercised. Time extensions may be granted in compliance with chapter 22.66 (Permit Implementation and Time Extensions), if a written request is submitted by the applicant, and received by the department, at least 30 days prior to the expiration of the permit.

If a permit or entitlement has not been exercised within the established time frame, and a time extension is not granted, the provisions of section 22.66.050(c) (Extensions of time), below shall deem the permit or entitlement void.

(b)

Permit implementation; exercising the permit or entitlement.

(1)

Exercised, defined. An approved permit or entitlement shall be exercised before its expiration. The permit or entitlement shall not be deemed exercised until the permittee has:

a.

Obtained a building permit and continuous on-site construction activity including pouring of foundations, installation of utilities, or other similar substantial improvements has commenced;

b.

Obtained a grading permit and has completed a significant amount of on-site grading, as determined by the director;

c.

Actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval.

(2)

Project phasing.

a.

Two or more phases. Where the permit or entitlement provides for development in two or more phases or units in sequence, the permit or entitlement shall not be approved until the review authority has approved the final phasing plan for the entire project site. The project applicant shall not be allowed to develop one phase in compliance with the preexisting base zoning district and then develop the remaining phases in compliance with this section, without review authority approval.

b.

Commencement for each phase. If a project is to be built in preapproved phases, each subsequent phase shall have one year from the previous phase's date of construction commencement to the next phase's date of construction commencement to have occurred, unless otherwise specified in the permit or entitlement, or the permit or entitlement shall expire and be deemed void.

c.

Tentative map. If the application for the permit or entitlement also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit or entitlement shall be exercised before the expiration of the companion tentative map.

(c)

Extensions of time.

(1)

On the applicant's own motion and on the filing of a request for extension by the applicant at least 30 days before the expiration, the original review authority may extend the time to establish an approved permit.

(2)

The applicant shall file a written request for an extension of time with the department, together with the filing fee required by the city's fee resolution. The review authority shall then determine whether the permittee has made a good faith effort to establish the permit. The burden of proof is on the permittee to establish, with substantial evidence beyond the control of the permittee (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit should be extended.

(3)

If the review authority determines that the permittee has proceeded in good faith and has exercised due diligence in seeking to establish the permit, the review authority shall grant an extension for up to two successive periods, not to exceed six months each.

(d)

Hearing on expiration/extension. If the matter originally required a noticed public hearing, the review authority shall hold a public hearing on the proposed extension of a permit or entitlement, and give notice, in compliance with chapter 22.72 (Public Hearings).

Upon good cause shown, the first extension may be approved, approved with modifications or disapproved by the director, whose decisions may be appealed to the commission, in compliance with chapter 22.74 (Appeals). Subsequent extensions may be approved, approved with modifications or disapproved by the commission, whose decisions may be appealed to the council. The maximum number of months that a permit or entitlement may be extended shall not exceed a total of two additional sixmonth periods beyond the expiration of the original approval.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.66.060. - Changes to an approved project.

A development or new land use authorized through a temporary use permit, administrative development review, development review, minor variance, variance, minor conditional use permit or conditional use permit shall be established only as approved by the review authority and subject to 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.

If the matter originally required a noticed public hearing, the review authority shall hold a public hearing on the requested change(s), and give notice, in compliance with chapter 22.72 (Public Hearings).

(1)

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

a.

Are consistent with all applicable provisions of this Development Code and the spirit and intent of the original approval;

b.

Do not involve a feature of the project that was a basis for findings in a negative declaration or environmental impact report for the project;

c.

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 (e.g., the director, hearing officer, commission, or council) in the approval of the permit; and

d.

Do not result in an expansion of the use.

(2)

Major changes. Major changes involve features described in subsections (1)b. and (1)c. (Minor changes), above, and shall only be approved by the review authority through a new entitlement application or modification, processed in compliance with this Development Code.

(Ord. No. 02(1998), § 2, 11-3-98)

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 which is the same or substantially similar to the previously approved or disapproved permit or entitlement. The determination of the director may be appealed to the commission, in compliance with chapter 22.74 (Appeals).

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Covenant may be required. When necessary to achieve the land use goals of the city, the city may require a property owner(s) holding property in common ownership to execute and record a covenant of easement in favor of the city and providing for parking access, ingress, egress, emergency access, light and air access, landscaping, or for open space. The covenant may be imposed as a condition of approval by the hearing officer, commission, or council, in compliance with state law.

(b)

Form of covenant. The covenant of easement shall describe the real property to be subject to the easement and the real property to be benefited by the easement. The covenant shall also identify the approval or permit granted which relied on or required the covenant. The form of the covenant shall be approved by the city attorney.

(c)

Effect of covenant. The covenant shall be effective when recorded and shall act as an easement in compliance with state law (Chapter 3 (commencing with section 801) of Title 2 of Part 2 of Division 2 of the Civil Code), except that it shall not merge into any other interest in the real property. Civil Code § 1104 shall be applicable to the conveyance of the affected real property.

From and after the time of its recordation, the covenant shall impart notice to all persons to the extent afforded by the recording laws of the state. Upon recordation, the burdens of the covenant shall be binding on, and the benefits of the covenant shall inure to, all successors in interest to the real property.

(d)

Enforceability of covenant. The covenant shall be enforceable by the successors in interest to the real property benefited by the covenant and the city. Nothing in this section creates standing in any person, other than the city, and any owner of the real property burdened or benefited by the covenant, to enforce or to challenge the covenant or any requested amendment or release.

(e)

Release of covenant. The covenant may be released upon the initiation of the city, or a request of an affected property owner, and after a public hearing, on a determination that the covenant on the property is no longer necessary to achieve the land use goals of the city. The covenant may be released only by the council. A notice of the release of the covenant shall be recorded by the city with the county recorder's office.

(f)

Fees. The city may impose fees to recover the city's reasonable cost of processing a request for a release. Fees for the processing shall be specified in the city's fee resolution.

(Ord. No. 02(1998), § 2, 11-3-98)

CHAPTER 22.68. - NONCONFORMING USES, STRUCTURES, AND PARCELS