Chapter 18.100 — Permit Implementation, Time Limits, and Extensions

Sections:

18.100.010 – Purpose and Intent 18.100.020 – Conformance to Approved Plans 18.100.030 – Effective Dates of Permits 18.100.040 – Acknowledgement and Acceptance of Conditions 18.100.050 – Applications Deemed Approved 18.100.060 – Permits to Run with the Land 18.100.070 – Performance Guarantees 18.100.080 – Expiration 18.100.090 – Time Extensions 18.100.100 – Changes to an Approved Project 18.100.110 – Resubmittals

This chapter provides requirements for the implementation or "exercising" of the permits or approvals required or offered by the Development Code, including time limits and procedures for approving extensions of time.

• A. Compliance. All work performed under a building permit for which project drawings and plans have received approval by the Director, 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 this chapter.

• A. Approvals, Permits, and Variances.

  1. Zoning Clearance. Site Plan and Design Review, Administrative Use Permit, Conditional Use Permit, Variance or Minor Variance, Planned Development Permit, or Temporary Use Permit become effective 15 days following the date the decision was rendered by the applicable Review Authority, unless an appeal is filed prior to the effective date.

  2. Denials are effective the date of determination.

B. Issued on the Effective Date.

1. Permits, certificates, and/or other approvals shall not be issued until the effective date; provided no appeal of the Review Authority's decision has been filed.

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2. Public Resources Code Section 21167 et seq., specify the applicable time constraints for CEQA compliance. Failure by the applicant to comply with all applicable CEQA time constraints makes the applicant responsible for all associated risks.

• A. Appeal. If the applicant wishes to appeal any or all of the final conditions of approval, the applicant shall file an appeal within 15 days following the actual date the decision was rendered by the applicable Review Authority

• B. Full Understanding and Acceptance. The applicant, upon receipt of the approved copy of the permit with attached conditions, shall execute an Acknowledgment and Acceptance of Conditions agreement with the City, certifying full understanding and acceptance of the final conditions of approval.

• C. Signed and Dated. The applicant shall return the Acknowledgment and Acceptance of Conditions agreement to the Department, properly signed and dated, within 30 days following the date of the Acknowledgement.

Applicable Provisions. Any application deemed approved by operation of law under Government Code Section 65956(b) is subject to all applicable provisions of the 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.

Conditions Apply. All conditions of approval continue to apply after a change in property ownership.

A. Deposit of Security.

1. As a condition of approval of an Site Plan and Design Review, Administrative Use Permit, Conditional Use Permit, Variance or Minor Variance, Planned Development Permit, Reasonable Accommodation, or Temporary Use Permit, 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, a bond or certified 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, where applicable.

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5. Security required shall be payable to the City.

• B. Release of Security. Upon satisfactory compliance (as determined by the Director) 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 Map Act shall comply with the following expiration provisions.

  1. Shall Be Exercised.

     • a. To ensure continued compliance with the provisions of the Development Code, the permit or approval shall be exercised within 24 months following the date of approval, unless by conditions of the permit or approval a different time is prescribed; otherwise the permit or approval shall be deemed void, unless an extension is approved by the applicable Review Authority.

     • b. Any time limit set by the applicable Review Authority shall be reasonable and based upon the size and the nature of the proposed project.

     • c. If after construction commencement, work is discontinued for a minimum period of 120 days, the permit or approval shall expire and be deemed void.

     • d. For an Administrative or Conditional Use Permit, once all construction is completed and the allowed use established, the applicable of time limits shall be as set forth in the permit or defined in Chapter 18.88.

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 date of construction commencement of the prior phase to the date of construction commencement for the next

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phase, 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. 

     - (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) Diligently continued the approved construction activities in a timely manner in compliance with the subject building permit and not lapsed for longer than allowed by this section; or 

  - (c) 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;

  3. 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.

A. Director Action to Extend.

1. The Director shall have the authority to extend the permit period for up to one additional 12-month period.

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 Master 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. The Director may conduct a public hearing if deemed appropriate by the Director.

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• B. Director Denies Extension. In the event the Director denies the request for extension, the applicant may appeal the decision.

• 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. Not a Matter of Right. The granting of an extension of a discretionary approval is not a matter of right and the Review Authority may deny the application or grant the application subject to new or different conditions.

• A. Application.

  1. A development or new land use 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 as originally proposed by the applicant or approved by the Review Authority.

  4. Changes may be requested either before or after construction or establishment and operation of the approved use but shall not be implemented until first approved by the applicable Review Authority.

• B. Notice and Hearing. If the matter originally required a noticed public hearing, the Review Authority shall hold a noticed public hearing, except for the minor changes. The Review Authority retains the right to require a public hearing even if the original approval did not include a hearing.

• C. Minor Changes by Director. Minor changes are those which do not alter the project significantly, such as a revision equal to less than 10 percent of the square footage, modification of a roofline not altering height, or a change to a mitigation measure not effecting impact. 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 the Development Code and the spirit and intent of the original approval.

  2. Do not involve a feature or aspect of the project that was:

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

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  - b. A specific consideration by the Review Authority 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 or aspects such as substantial revisions to square footage, changes in density or a revision which results in a CEQA impact. Major changes shall only be approved by the original Review Authority through a new application, processed in compliance with the Development Code.

• A. The Director shall determine whether a new application is for a planning permit or amendment which is the same or substantially similar to a previously approved or denied permit or amendment, and shall either process or reject the application.

• B.

• The Director's determination may be appealed to the Commission.

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