§ 130.54

This Chapter contains general requirements for the implementation of the approved permits and authorizations required under this Article including time limits for permit implementation, procedures for granting time extensions or revisions to an approved permit, and revocation of permit approvals.

Sec. 130.54.020 - Effective Date of Permit Approvals.

— Except in the case of a Specific Plan (Chapter 130.56—Specific Plans) or Development Agreement (Chapter 130.58 Development Agreements) below in this Article, final action on any permit or authorization approval of the Zoning Administrator or Commission shall become effective 11 working days from the decision by the review authority where no appeal of the approval has been filed in compliance with Section 130.52.090 (Appeals) above in this Article. A decision by the Board is final and effective on the date of the action, unless otherwise required by state law. A properly filed appeal shall stay the issuance of any such permit or authorization until the appeal is decided.

A permit or authorization application that is deemed automatically approved in compliance with California Government Code Section 65956 shall be subject to all applicable provisions under Section 130.51.070 (Conditions of Automatic Approvals) above in this Article, which shall be satisfied by the applicant before a building permit is issued or a use not requiring a building permit is established.

Any Minor and Conditional Use Permit, Variance, or Development Plan Permit approval that is granted in compliance with Chapters 130.51 (General Application Procedures) and 130.52 (Permit Requirements, Procedures, Decisions, and Appeals) above in this Article shall be deemed to run with the land through any change of ownership of the subject site from the effective date of the permit, providing it is in compliance with Subsection 130.54.050.A (Deposit of Security) below in this Chapter, when applicable, and with any licensing requirements by the new property owner. All active conditions of approval shall continue to apply after a change in property ownership.

A.

Deposit of Security. As a condition of approval of a Conditional/Minor/Temporary Use Permit, Development Plan Permit, or Variance, and upon a finding that the public health, safety, and welfare warrants it, the review authority may require a form of surety in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval of the aforementioned permits or authorizations.

1.

The applicant may elect to provide adequate surety for the faithful performance of a condition(s) of approval if the Director determines that the condition(s) may be implemented at a later specified date due to reasons beyond the applicant's control, such as the inability to install required landscaping due to poor weather conditions.

2.

The surety shall be in the form of cash, certified or cashier's check, letter of credit, performance bond, or other form of surety executed by the applicant and a corporate surety authorized to do business in California and approved by the County.

B.

Release of Security. Upon satisfactory compliance with all applicable provisions of this Section, the security deposit shall be released.

C.

Failure to Comply.

1.

Upon failure to perform any secured condition, the County may perform the condition or cause it to be done, and may collect from the applicant and surety, in the case of a bond, all costs incurred, including administrative, engineering, legal, and inspection costs.

2.

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

3.

The Director's determination may be appealed to the Board by the applicant, by filing an appeal with the Clerk of the Board within ten days after the decision to withhold the bond, in compliance with Section 130.52.090 (Appeals) above in this Article.

130.54.060 - Time Limits, Extensions, Permit Expiration, and Relinquishment.

A.

Time Limits. A permit or authorization that is not exercised within 24 months from the effective date shall expire and become void unless a condition of approval or other provision of this Article establishes a different time limit or unless an extension of

time is approved in compliance with Subsection B (Time Extensions), below in this Section.

1.

The permit or authorization shall be deemed "exercised" when the applicant has commenced actual construction or alteration under an active building permit and at least one inspection has been conducted and approved by the Building Official or, in cases where a building permit is not required, has substantially commenced the approved activity or allowed use on the site in compliance with the conditions of approval.

2.

After it has been exercised, a permit or authorization shall remain valid as long as either a building permit remains active for the project or a final Certificate of Occupancy has been granted, in compliance with Subsection C (Permit Expiration) below in this Section.

3.

The expiration of a permit or authorization associated with a tentative subdivision or parcel map, specific plan or development agreement, shall coincide with the term of that entitlement and not be subject to the time extension in Subsection B (Time Extensions) below in this Section.

B.

Time Extensions. The County may extend the time limit for a permit or authorization in compliance with the following procedures:

1.

The applicant shall file a written request for an extension of time with the Department at least 30 days before the expiration of the permit or authorization, together with the required filing fee established through resolution of the Board.

2.

A permit or authorization may be extended for a total of 36 months beyond the expiration of the original decision granting approval.

3.

Action on a request for extension of a permit shall be referred to the original review authority, except as provided in Subsection 3.a, below in this Section. The time limit for exercising a permit or authorization may be extended by one of the following methods:

a.

The Director finds that:

(1)

Substantial progress has been made in implementing the permit; or the applicant has established, with substantial evidence, that circumstances beyond the control of the applicant, such as poor weather during periods of planned construction, have prevented exercising the permit or authorization; or

(2)

Not more than 36 months will be necessary to exercise the permit, in compliance with Subsection A.1 (Time Limits) above in this Section; or

b.

The original review authority finds that:

(1)

No change in conditions or circumstances has occurred that would have been grounds for denying the original application; and

(2)

The applicant has been diligently pursuing implementation of the permit.

4.

Modified conditions may be imposed when a time extension is granted that update the permit where required to protect the public health and safety or to comply with provisions of state or federal law.

C.

Permit Expiration.

1.

All permits authorized by this Chapter shall automatically expire by operation of law when time frame established in Subsection A has elapsed, unless a time extension has been approved under Subsection B (Time Extensions) above in this Section.

2.

When it is discovered that a permit has expired, the Department shall send notice of such termination to the property owner and/or applicant. Failure to send such notice shall not affect the expiration of the permit.

3.

After the expiration of a permit or authorization, whether through denial of a request for a time extension, failure to request a time extension, or other cause, no further work shall be done on the site until a new permit or authorization and any subsequent building permit or other County permits are first obtained.

D.

Relinquishment. The holder of an approved permit or authorization may file a written request to voluntarily relinquish said permit or authorization with the Department, together with any required fee established through resolution of the Board. The Director is authorized to process the request, and such decision shall not be administratively appealable.

(Ord. No. 5241, § 14, 8-19-2025)

Editor's note— Ord. No. 5241, § 14, adopted Aug. 19, 2025, amended the title of § 130.54.060 to read as herein set out. The former § 130.54.060 title pertained to time limits, extensions, and permit expiration.

Sec. 130.54.070 - Revision to an Approved Permit or Authorization.

All structures and uses shall be constructed or otherwise established only as approved by the review authority, and in conformance with all conditions of approval, except as provided herein. Modifications of the conditions of approval provided for in this Chapter, including alteration of the project design, expansion, reduction, or phasing of the development, or further disturbance of the site, may be allowed as follows:

A.

An application for a revision to an approved permit or authorization may be submitted to the Department either before or after the commencement of construction or establishment of an approved use. The application shall consist of a written description

of the proposed modifications, appropriate supporting documentation, plans, or other information deemed necessary by the Director to evaluate the proposed change.

B.

The Director may approve a minor modification(s) when the findings can be made that the modification(s):

1.

Does not involve a feature of the project that was specifically addressed in the conditions of approval, mitigation measures, or findings for approval of the project;

2.

Does not result in an expansion of the project;

3.

Does not substantially alter the original approval decision; and

4.

Does not result in changed or new impacts to the surrounding environment that would necessitate modifications to the CEQA document approved for the project.

C.

Revisions to a permit or authorization which result in an expansion or substantial alteration of the project, or which may affect a condition of approval, mitigation measure, or finding that was specifically addressed by the review authority, may only be approved by said authority following a public hearing.

D.

Director approval of minor modifications shall be processed using the Staff Review with Notice procedures. If the Director determines that the request requires a public hearing by the review authority of original jurisdiction, notice shall be given in compliance with the same noticing requirements of the original application.

E.

The review authority may modify or impose new conditions to the permit revision when necessary to carry out the original permit or when necessary to protect the public health and safety or to comply with provisions of state or federal law.

F.

Appeal of a decision on a Revision to an Approved Permit or Authorization shall be processed in compliance with Section 130.52.090 (Appeals) above in this Article.

A.

For a period of 12 months following the date of the disapproval 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 of the site, except where the Director determines that substantial new evidence or proof of changed circumstances warrants further consideration.

B.

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 disapproved permit or amendment, and shall either process or reject the application in

compliance with this Section. The Director's determination may be appealed to the Commission in compliance with Section 130.52.090 (Appeals) above in this Article.

Sec. 130.54.090 - Revocation or County Mandated Modification of a Permit.

Any permit authorized under this Article may be revoked or modified by the County when it is found that conditions required for the approval of the permit have been violated, have lacked substantial compliance, or when the use is determined to be a public nuisance.

A.

The following procedures shall be used for revocation or mandated modification of previously approved permits or authorizations:

1.

The review authority of original jurisdiction shall hold a public hearing to revoke or modify a permit or authorization granted in compliance with the provisions of this Article. Where the review authority was the Director, the hearing shall be referred to the Zoning Administrator for determination.

2.

Notice shall be provided to the owner of the property, as shown on the County's current equalized assessment roll, and to the applicant for the permit or approval if different from the property owner on which the use or structure authorized by the permit being considered for revocation exists for the permit or approval being considered for revocation.

3.

Notice shall be mailed through the U.S. Postal Service, certified, first class, and postage paid, at least twelve days prior to the public hearing for all permits being considered for revocation except Temporary Use Permits, which shall require mailed notice three days prior to the hearing.

4.

Any permit or authorization may be revoked or modified by the review authority if any one of the following findings can be made:

a.

Circumstances under which the permit or authorization was granted have been changed by the applicant to the extent that one or more of the findings that justified the original approval can no longer be made;

b.

The permit or authorization was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the testimony presented by the applicant during the public hearing;

c.

One or more of the conditions of approval have not been substantially fulfilled or have been violated;

d.

An improvement authorized in compliance with the permit is in violation of any applicable code, law, ordinance, regulation, or statute; or

e.

The improvement/use allowed by the permit has become detrimental to the public health, safety, or welfare; or the manner of operation constitutes and/or is creating a public nuisance;

5.

As an alternative to revocation, the County may mandate modification of a permit or authorization including the duration of the permit or authorization, any operational aspect of the project, or any other aspect or condition determined to be reasonable and necessary to ensure that the project is operated in a manner consistent with the original findings for approval.

6.

The County's action to revoke a permit or authorization shall have the effect of terminating it and denying the privileges granted by the original approval.

B.

Any permit revoked by the review authority may be appealed in compliance with Section 130.52.090 (Appeals) above in this Article.

C.

Use after Revocation. When an approved permit or authorization has been revoked, no further development or use of the property authorized by the revocation shall be continued, except in compliance with the approval of a new permit or authorization required by this Title.