§ 19.130

A.

Compliance. All work performed under a Building Permit for which project drawings and plans have received approval by the Department Staff, Director, ARB, Commission, or Council shall be in compliance with the approved drawings and plans, and any conditions of approval imposed by the applicable review authority.

B.

Changes. Changes to an approved project shall be submitted and processed in compliance with Section 19.130.080 (Changes to an Approved Project), below.

A.

Approvals, permits, and variances.

1.

A Reasonable Accommodation, Temporary Use Permit, and Zoning Clearance shall become effective immediately following its approval/issuance.

2.

An Administrative Variance, Conditional Use Permit, Minor Use Permit, Planned Development Permit, Site Plan and Design Review, or Variance shall become effective 15 days following the actual date the decision was rendered by the applicable review authority, unless an appeal is filed in compliance with Chapter 19.144 (Appeals) prior to the effective date.

3.

Denial of a request for approval, permit or Variance becomes effective the date of determination.

B.

Agreements, plans, and amendments.

1.

Council actions to adopt or amend a Development Agreement, a specific plan (adopted by ordinance), this Development Code, or the Zone Map shall become effective on the 30[th ] day following the date the ordinance is actually adopted by the Council unless an appeal, filed in compliance with Chapter 19.144 (Appeals), is received prior to the effective date. For example, an ordinance adopted on October 1[st ] will actually be effective on October 31[st ] .

2.

Council actions to adopt or amend the General Plan or a specific plan (adopted by resolution) shall become effective upon the adoption of the resolution by the Council.

C.

Issued on the effective date.

1.

Permits, certificates, and/or other approvals shall not be issued until the effective date specified in Subsections A. (Approvals, Permits, and Variances) and B. (Plans/Amendments), above; provided, that no appeal of the review authority's decision has been filed, in compliance with Chapter 19.144 (Appeals).

2.

Public Resources Code Sections 21167-21167.8, inclusive, specify the applicable time constraints for CEQA compliance. Failure by the applicant to comply with all applicable CEQA time constraints places the burden on the applicant for being responsible for all associated risks.

A.

Applicable provisions. A permit application deemed approved by operation of law in compliance with Government Code Section 65956(b) shall be subject to all applicable provisions of this Development Code, which shall be fully satisfied by the applicant before a Building Permit is issued or a land use not requiring a Building Permit is exercised or established.

B.

Public notice. The permit application shall be deemed approved only if the application received proper notice in compliance with Chapter 19.146 (Public Notices and Hearings) and Government Code Section 65956(b).

A.

Deposit of security.

1.

As a condition of approval of an Administrative Variance, Conditional Use Permit, Minor Use Permit, Planned Development Permit, Reasonable Accommodation, Site Plan and Design Review, Temporary Use Permit, or Variance, upon a finding that the City's health, safety, and welfare warrant, the review authority may require the execution of a covenant to deposit security in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval of the permit in the event that the obligor fails to perform.

2.

The applicant/owner may offer to provide adequate security for the faithful performance of a condition(s) of approval imposed as part of the approval process if the Director determines that the condition(s) may be implemented at a later specified date (e.g., inability to install required landscaping due to weather conditions).

3.

The security shall, as required by law or otherwise at the option of the City, be in the form of cash or a certified or cashier's check.

4.

The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Director in conjunction with the City Engineer.

5.

Security required in compliance with this Section shall be payable to the City.

B.

Release of security. Upon satisfactory compliance (as determined by the Director or the Director's designee) with all applicable provisions of the conditions specified in the approval/permit, the security shall be released.

C.

Failure to comply.

1.

Upon failure to perform any secured condition(s), the City may perform the condition, or cause it to be done, and may collect from the obligor all costs incurred, including administrative, engineering, legal, and inspection costs, including any additional costs exceeding the security deposit, and measurable costs for administration.

2.

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

A.

Expiration of permit or approval. Unless otherwise specified in the permit or approval, all permits and approvals for projects not subject to the Subdivision Map Act shall comply with the following expiration provisions.

Shall be exercised.

a.

To ensure continued compliance with the provisions of this Development Code, the permit or approval shall be exercised within 12 months following the date of approval, unless, by conditions of the permit or approval, a different (either greater [up to a maximum of 24 months] or lesser) time is prescribed, or the permit or approval shall be deemed void, unless an extension is approved by the applicable review authority, in compliance with Section 19.130.070 (Time Extensions), below.

b.

Any time limit set by the applicable review authority shall be reasonable, based upon the size and the nature of the proposed project.

c.

If after construction commencement, work is discontinued for a minimum period of 180 days, the permit or approval shall expire and be deemed void.

d.

If the application for the permit or approval also involves the approval of a tentative map, construction commencement shall be exercised before the expiration of the companion map.

e.

For a Conditional or Minor Use Permit, once all construction is completed and the permitted use established the applicability of time limits shall be as defined in Chapter 19.114 (Conditional Use Permits and Minor Use Permits).

2.

Allowable phasing.

a.

Where the permit or approval provides for development in two or more phases or units in sequence, the permit or approval 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 pre-existing base zone and then develop the remaining phases in compliance with this Section, without prior review authority approval.

b.

Pre-approved phases.

(1)

If a project is to be built in pre-approved phases, each subsequent phase shall have 12 months 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 approval, or the permit or approval shall expire and be deemed void.

(2)

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

3.

Shall be exercised before expiration. A permit or approval shall be exercised before its expiration. The permit or approval shall not be deemed exercised until the applicant has:

a.

Obtained a Building Permit and continuous on-site construction activity including pouring of foundations, installation of utilities, or other similar substantial improvement has commenced and diligently pursued toward completion; or

b.

Obtained a Grading Permit and has completed a significant amount of on-site grading, as determined by the Director, in preparation for the work described in Subparagraph a., above; and

c.

Diligently continued the approved grading and construction activities in a timely manner in compliance with the subject Building Permit and not lapsed for longer than allowed by Subparagraph A.1.c., above; or

d.

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

B.

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;

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.

Any security provided by the applicant under the previously approved permit or approval may be utilized by the City to provide suitable protection from any harm that may result from the terminated development.

19.130.070 - Time extensions.

A.

Director's action to extend.

1.

The Director shall have the authority to extend the period specified in Section 19.130.060 (Expiration), above, for up to two additional 12-month periods.

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 the filing fee required by the Planning Fee Schedule.

3.

Public hearing not required.

a.

A public hearing shall not be required for the Director's decision on an extension of time.

b.

However, the Director may conduct a public hearing in compliance with Chapter 19.146 (Public Notices and Hearings) if deemed appropriate by the Director.

B.

Director denies extension. In the event the Director denies the request for extension, the applicant may, within 15 days of the decision, appeal the decision in compliance with Chapter 19.144 (Appeals).

C.

Required findings. An extension of the permit or approval may be granted only if the Director first makes all of the following findings:

1.

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

2.

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. An application for an extension of the permit or approval in excess of 36 months following the original date of approval (original 12 months plus up to two additional 12-month periods) shall be treated as a new application which shall be filed in compliance with Chapter 19.112 (Application Processing Procedures).

19.130.080 - Changes to an approved project.

A.

Application.

1.

A development or new land use allowed through an Administrative Variance, Conditional Use Permit, Minor Use Permit, Planned Development Permit, Reasonable Accommodation, Site Plan and Design Review, Temporary Use Permit, or Variance shall be in substantial compliance with the approved drawings and plans, and any conditions of approval imposed by the review authority, except where changes to the project are approved in compliance with this Section.

2.

An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reason(s) for the request.

3.

Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to the operation, use, or physical characteristics of the project (e.g., hours of operation, expansion of a use, etc.) as originally proposed by the applicant or approved by the review authority.

4.

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.

Notice and hearing. If the matter originally required a noticed public hearing, the review authority shall hold a public hearing, except for the minor changes outlined below (See Subsection C.), and shall give notice, in compliance with Chapter 19.146 (Public Notices and Hearings).

C.

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

1.

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

2.

Do not involve a feature of the project that was:

a.

A basis for findings in a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report for the project;

b.

A basis for conditions of approval for the project; or

c.

A specific consideration by the review authority (e.g., the Director, ARB, Commission, or Council) in granting the permit or approval.

3.

Do not involve any expansion or intensification of the use or structure.

D.

Major changes. Major changes include changes to the project involving features specifically described in Subsection C., above, and shall only be approved by the original review authority through a new application, processed in compliance with this Development Code.

A.

Resubmittal after denial with prejudice.

1.

The Director may reject an application for a discretionary planning permit, or amendment, on the grounds that two or more similar applications for the same site have been denied in the past two years (also known as denial with prejudice), or that another cause exists for limiting the refiling of the application.

2.

For a period of 12 months following the actual date of denial with prejudice by the Director, ARB, Commission, or Council, or, if appealed, the actual date of denial by the applicable review authority considering the appeal, 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 thereof.

B.

Exception to subsection A., above. The Director may allow exception to Subsection A., above, based on one or more of the following findings:

1.

New evidence material to a revised decision will be presented that was unavailable or unknown to the applicant at the previous hearing(s) and that could not have been discovered in the exercise of reasonable diligence by the applicant.

2.

There has been a substantial and permanent change of circumstances since the previous hearing(s), which materially affects the applicant's real property.

3.

A mistake was made at the previous hearing(s) that was a material factor in the denial of the previous application.

C.

Resubmittal after denial without prejudice. There shall be no limitation on subsequent applications for a site where a project was denied without prejudice.

D.

Director's determination, appeal.

1.

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 denied permit or amendment, and shall either process or reject the application in compliance with this Section.

2.

The Director's determination may be appealed to the Commission, in compliance with Chapter 19.144 (Appeals).

All permits and approvals shall be implemented in substantial compliance with the approved drawings and plans and any conditions of approval imposed by the review authority, including those specified in Chapter 19.32.060 (Street Improvements).