Eureka Municipal Code § 155.420 Post-Approval Provisions

This § 155.420 establishes permit procedures and requirements that apply after an application is approved.

(Ord. 885-C.S., passed 5-21-19)

(A) Notice given. Within two business days following the review authority’s decision on a permit application, the Department will provide notice of the decision to the applicant and to any person who specifically requested notice of the decision.

(B) Notice contents. Notice of a final decision must contain applicable findings, conditions of approval, reporting and monitoring requirements and appeal procedures.

(Ord. 885-C.S., passed 5-21-19)

(A) City Council decisions.

(1) A City Council decision on a Zoning Code Amendment is final and becomes effective 30 days after the decision is made.

(2) A City Council decision on permits, appeals, General Plan Amendments adopted by resolution and other non-legislative matters is final and effective on the date the decision is made, unless otherwise stated in the approving resolution.

(B) Other decisions. The following applies to decisions of the Director, Design Review Committee and Planning Commission.

(1) If an appealable decision is not appealed in compliance with § 155.416 (Appeals and Reviews), the decision is final and effective ten days after the decision is made.

(2) For decisions appealed to the Planning Commission, the decision is final and effective ten days after the Planning Commission decision unless an appeal of the decision to the City Council is filed in compliance with § 155.416 (Appeals and Reviews).

(3) For decisions appealed to the City Council, the decision is final when the City Council makes a final decision on the appeal.

(4) A non-appealable decision is final and effective on the date the decision is made.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20)

Permits may not be issued until the effective date.

(Ord. 885-C.S., passed 5-21-19)

(A) Compliance. All work performed under an approved permit must be in compliance with the approved plans and any conditions of approval and/or mitigation measures.

(B) Changes. Changes to an approved project must be submitted and processed in compliance with § 155.420.080 (Changes to an Approved Project).

(Ord. 885-C.S., passed 5-21-19)

The Building Department may issue a certificate of occupancy or other final permit sign-off only after the Department verifies that the project conforms to the approved plans and any conditions of approval.

(Ord. 885-C.S., passed 5-21-19)

(A) Security required. The city may require an applicant to provide adequate security to guarantee the proper completion of approved work or compliance with conditions of approval.

(B) Form of security. The security must be in the form of cash, a certified or cashier’s check or a performance bond executed by the applicant and a corporate surety authorized to do business in California and approved by the Department.

(C) Amount of security. The Department will determine the amount of the security necessary to ensure proper completion of the approved work or compliance with conditions of approval.

(D) Duration of security. The security must remain in effect until all work has been completed and conditions fulfilled to the satisfaction of the Department or until a specified warranty period has elapsed.

(E) Release of security. The Department must release the security upon completion of the approved work or compliance with conditions of approval.

(F) Failure to comply.

(1) Upon failure to complete work or comply with conditions, the Department may complete the work or fulfill the conditions and may collect from the applicant or surety all costs incurred, including administrative, engineering, legal and inspection costs.

(2) The Department must refund any unused portion of the security to the funding source.

(Ord. 885-C.S., passed 5-21-19)

This section establishes procedures for an applicant to request a change to an approved project.

(A) Request for a change. An applicant must request changes in writing, with appropriate supporting materials and an explanation for the request.

(B) Major changes. A major change to an approved project means any change that does not qualify as a minor change under division (C) below. Major changes must be approved by the same review authority as the original approval. The same public notice and hearing requirements that applied to the original approval also apply to the requested major change.

(C) Minor changes.

(1) The Director may authorize minor changes to an approved project if the changes:

(a) Are consistent with the Zoning Code;

(b) Are consistent with the spirit and intent of the original approval;

(c) Do not involve a feature of the project that was a mitigation measure or a basis for findings in a negative declaration, mitigated negative declaration or environmental impact report for the project;

(d) Do not involve a feature of the project that was a basis for conditions of approval for the project;

(e) Do not involve a feature of the project that was a specific consideration by the review authority in granting the approval; and

(e) Do not involve any expansion, intensification or increase in size of the land use or structure beyond the original approval.

(2) The Director may approve minor changes without a noticed public hearing.

(Ord. 885-C.S., passed 5-21-19)

(A) General. As provided in this division, permits and other approvals listed in § 155.412 (Specific Permits and Approvals) automatically expire without further action by the city unless:

(1) An extension of time is approved under § 155.420.100 (Extension of Time); or

(2) An alternative timeframe is established by the review authority in accordance with § 155.420.100 (Extension of Time).

(B) Time limits.

(1) Permits and other approvals listed in § 155.412 (Specific Permits and Approvals) expire two years after approval if not exercised. A permit/approval is exercised when:

(a) A building permit is issued and construction has commenced and is diligently pursued to completion;

(b) A certificate of occupancy is issued; or

(c) The land use is established.

(2) After a permit/approval is exercised, the permit/approval expires if, prior to occupancy, construction stops for three years.

(C) Discontinued uses.

(1) Approved use permits that have been vested pursuant to division (B) above do not expire and remain in effect indefinitely unless the city revokes the permit as provided in § 155.428.080 (Permit Revocation).

(2) If a land use authorized by a use permit ceases operations for any period of time, the use permit remains valid and the land use may be re-established without the need for a new use permit. A re-established use must comply with all conditions of approval attached to the original permit.

(3) If a legally established land use without a required use permit ceases operations for any period of time, the land use may be re-established only after obtaining city approval of the required use permit.

(D) Effect of expiration.

(1) An expired permit/approval is void and of no further force and effect. An applicant retains no rights previously granted under an expired permit/approval.

(2) To establish a use or structure allowed by an expired permit/approval, an applicant must apply for and receive city approval of a new permit/approval.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 951-C.S., passed 10-17-23)

(A) General.

(1) An applicant may request an extension of a permit/approval set to expire under § 155.420.090 (Permit/Approval Expiration) in accordance with this division.

(2) An applicant may request two types of extensions:

(a) A one-year extension approved by the Director; and/or

(b) A two-year extension approved by the original review authority.

(B) All extension requests. All extension requests must comply with the following:

(1) The applicant must submit to the Department a written extension request no later than ten days before the permit/approval expiration date. The request must be accompanied by all fees, information, and materials required by the Department.

(2) Filing a written extension request suspends the expiration until the review authority acts on the request. Building, grading, or other construction-related permits associated with the permit/approval may not be issued during the suspension period.

(3) The review authority may extend the permit/approval if the applicant has proceeded in good faith and has exercised due diligence in efforts to exercise the permit/approval in a timely manner.

(4) The burden of proof is on the applicant to demonstrate that the permit/approval should be extended.

(5) If the Director is the review authority for the extension request, the Director may choose to refer the request to the Planning Commission for review and final decision.

(C) One-year extension.

(1) The Director may approve a one-year extension to a permit/approval in accordance with division (B) above (All Extension Requests).

(2) A noticed public hearing is not required.

(D) Two-year extensions.

(1) The review authority that originally approved the permit/approval may approve a two-year extension to the permit/approval in accordance with division (B) above (All Extension Requests).

(2) The same public notice and hearing requirement that applied to the original permit/approval also applies to the two-year extension request.

(3) The two-year extension may be in addition to a one-year extension previously approved by the Director, for a total extension of three years.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23)

(A) Resubmittals prohibited. For a period of 12 months following the denial or revocation of a permit or other approval, the Department may not accept an application for the same or substantially similar project for the same site, unless the denial or revocation was made without prejudice, and so stated in the record.

(B) Determination. The Director determines whether an application is for a project that is the same or substantially similar to the project approved by the previously denied or revoked permit/approval.

(C) Appeals. The determination of the Director may be appealed to the Planning Commission in compliance with § 155.416 (Appeals and Reviews).

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23)

Permits/approvals issued in compliance with the Zoning Code remain valid upon change of ownership of the site, structure, or land use that is the subject of the approved permit/approval.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23)