Grass Valley Municipal Code Ch. 17.74 Permit Implementation, Time Limits, and Extensions

This chapter provides requirements for the implementation or "exercising" of the permits required by this development code, including time limits and procedures for granting extensions of time.

The approval of a planning permit shall become effective on the sixteenth day following the date of application approval, where no appeal of the approval has been filed in compliance with Chapter 17.91 (appeals).

A planning permit application that is deemed approved by operation of law in compliance with Government Code Section 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.

A development review permit, minor use permit, minor variance, planned development permit, use permit, or variance approval that is granted in compliance with Chapter 17.72 (permit review procedures) shall be deemed to run with the land through any change of ownership of the subject site, from the effective date of the permit, except in any case where a permit expires and becomes void in compliance with Section 17.74.060 (time limits and extensions), below. All applicable conditions of approval shall continue to apply after a change in property ownership.

A. Deposit of Security.

1. As a condition of approval of a development review permit, limited term permit, minor use permit, minor variance, planned development permit, 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, and the deposit of security in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval of the development review permit, limited term permit, minor use permit, minor variance, planned development permit, use permit, or variance in the event that the obligor fails to perform.

2. The security shall, as required by law or otherwise at the option of the city, 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 city.

3. The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the city engineer in conjunction with the director.

4. Any security required in compliance with this section shall be payable to the city.

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 city may perform the condition, or cause it to be done, and may collect from the obligor, and surety in 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 obligor after deduction of the cost of the work.

3. To the extent that the director can demonstrate that the obligor willfully breached an obligation in a manner that the obligor knew, or should have known, would create irreparable harm to the city, the entire amount of the bond or deposit may be withheld.

4. The director's determination may be appealed directly to the council by the obligor by filing an appeal with the city clerk within fifteen days after the decision to withhold the bond, in compliance with Chapter 17.91 (appeals).

A. Time Limits.

1. Unless a condition of approval or other provision of this development code establishes a different time limit, any permit or approval not exercised within twelve months of approval shall expire and become void, except where an extension of time is approved in compliance with Subsection B., below.

2. The permit shall not be deemed "exercised" until the permittee has received a building permit or has actually commenced the allowed use on the site in compliance with the conditions of approval.

3. After it has been exercised, a planning permit shall remain valid and run with the land in compliance with Section 17.74.040, as long as a building permit is active for the project, and after a final building inspection or certificate of occupancy has been granted.

4. If a project is to be developed in approved phases, each subsequent phase shall be exercised within twelve months from the date that the previous phase was exercised, unless otherwise specified in the permit, or the permit shall expire and become void, except where an extension of time is approved in compliance with Subsection B., below. If the project also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised before the expiration of the tentative map, or the permit shall expire and become void.

T. Extensions of Time. Upon written request by the applicant, the applicable review authority may extend the time for an approved planning permit to be exercised.

1. Filing and Review of Request.

a. Time for Filing. The applicant shall file a written request for an extension of time with the director before the expiration of the permit, together with the filing fee required by the city's planning fee schedule.

b. Evidence to be Provided. The director shall determine whether the applicant has made a good faith effort to exercise the permit. The burden of proof is on the applicant to establish, with substantial evidence, that circumstances beyond the control of the applicant (e.g., demonstrated problems with completing the acquisition of the parcel, poor weather during periods of planned construction, etc.) have prevented exercising the permit.

c. Public Hearing. If the original approval required a public hearing, the applicable review authority identified in Table 7-1 (review authority) shall hold a public hearing on a proposed extension of time, after providing notice of the public hearing in compliance with Chapter 17.92 (public hearings).

2. Action on Extension Request. A permit may be extended as follows for no more than two additional twelve-month periods beyond the expiration of the original approval; provided, the applicable review authority first finds that there have been no changes in the conditions or circumstances of the site or project so that there would have been grounds for denial of the original project.

a. Director's Action. Upon good cause shown, the first twelve-month extension may be approved, approved with modifications, or denied by the director, whose decisions may be appealed to the commission, in compliance with Chapter 17.91 (appeals).

b. Commission's Action. One subsequent twelve-month extension may be approved, approved with modifications, or denied by the commission, whose decisions may be appealed to the council in compliance with Chapter 17.91 (appeals).

C. Effect of Expiration. After the expiration of a planning permit in compliance with Subparagraph A.1., above, no further work shall be done on the site until a new planning permit and any required building permit or other city permits are first obtained.

Development or a new land use authorized through a planning permit granted in compliance with this development code shall be established only as approved by the review authority, and in compliance with any conditions of approval, except where a change to the project is approved in the following manner:

A. Application. An applicant shall request a proposed change in writing, and shall also furnish appropriate supporting information and materials explaining the reasons for the request. A change may be requested either before or after construction, or establishment and operation of the approved land use.

B. No Public Hearing Required. No public hearing shall be required for the director's action to approve minor changes in compliance with Subsection C. (changes approved by the director), below. However, if the requested changes are not found to be minor, a new permit application shall be processed in compliance with this development code, including the requirement for a public hearing in compliance with Chapter 17.92 (public hearings).

C. Changes Approved by the Director.

1. The director may authorize one or more changes to an approved site plan, architecture, or the nature of the approved land use where the director first finds that the changes:

a. Are consistent with all applicable provisions of this development code;

b. Do not involve a feature of the project that was a basis for or subject of 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 the subject of conditions of approval for the project or that was a specific consideration by the review authority (e.g., the director, commission, or council) in the project approval; and

d. Do not result in an expansion of the land use.

2. The director may choose to refer any requested change to the original review authority for review and final action.

D. Changes Approved by Original Review Authority. A proposed change that does not comply with the criteria in Subsection C., above shall only be approved by the original review authority for the project through a new permit application processed in compliance with this development code.

A. Resubmittal Prohibited Within Twelve Months.

1. May Be Disapproved with Prejudice. An application for a discretionary planning permit, entitlement, or amendment may be denied with prejudice.

2. Denial with Prejudice Defined. An application may be denied with prejudice on the grounds that two or more similar applications for the same parcel have been denied in the past two years, or that another cause exists for limiting the refiling of the application.

3. Exceptions to Twelve-Month Limitation. For a period of twelve months following the date of denial of a discretionary planning permit, entitlement, or amendment, no application for the same or substantially similar discretionary permit, entitlement, or amendment for the same parcel shall be filed, except if the denial was without prejudice, or on the grounds of substantial new evidence or proof of changed circumstances to an extent that further consideration is deemed warranted.

B. No Limitation on Disapprovals Without Prejudice. There shall be no limitation on subsequent applications for a site on which a project was denied without prejudice.

C. Director's Determination, Appeal. 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. The director's determination may be appealed to the commission, in compliance with Chapter 17.91 (appeals).

A. Method of Creation of Easements. The method of creation of easements authorized by this section shall be in addition to any other method allowed by law.

B. Recorded Covenant of Easement. An easement may be created in compliance with this section by a recorded covenant of easement made by an owner of real property to the city, in compliance with this section.

C. Purposes of Easements. An easement created in compliance with this section may be for one or more of the following purposes:

1. Emergency access;

2. Ingress and egress;

3. Landscaping;

4. Light and air access;

5. Open space; or

6. Parking.

D. Common Ownership. At the time of recording of the covenant of easement, all of the real property benefited or burdened by the easement shall be held in common ownership.

E. Contents of Covenant. A covenant of easement recorded in compliance with this section shall be executed by the owner of the burdened property and shall include the following information:

1. A legal description of the real property to be subject to the easement;

2. A legal description of the real property to be benefited by the easement;

3. Identification of the city approval, designation, or permit which was granted in reliance upon recordation of the covenant, or for which recordation of the covenant is or was a requirement; and

4. A description of the purpose(s) of the easement.

F. Acceptance by City Clerk. The city clerk may accept an easement as described in this section on behalf of the city when an easement is required as a condition of a land use approval or permit.

G. Recordation Required.

1. The covenant of easement shall be recorded in the county recorder's office.

2. A copy of the recorded document shall be provided to the director.

H. Effective When Recorded.

1. The covenant of easement shall be effective when recorded and shall act as an easement in compliance with Chapter 3 (commencing with Section 801) of Title 2, Part 2, Division 2 of the Civil Code, except that it shall not merge into any other interest in the real property.

2. 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.

I. Enforceability.

1. Upon recordation, the burdens of the covenant shall be binding upon, and the benefits shall inure to, all successors-in-interest to the affected real property.

2. Nothing in this section shall create in any person other than the city and the owner of the real property benefited or burdened by the covenant standing to enforce or to challenge the covenant or any amendment or release.

J. Action to Release Covenant. In compliance with this section, the commission, or the council on appeal, may approve and authorize recordation of a release of a covenant of easement.

K. Petition for Release.

1. A petition for release of a covenant of easement may be made by any person whether or not that person has title to the real property, and shall be filed in writing with the director on a form furnished by the director.

2. The form of the petition and the information required to be identified in the petition shall be prescribed by the director.

3. The director shall not accept any petition for filing unless:

a. All information and data is identified and shown as required by the form;

b. The petition is verified by the party making the petition; and

c. The filing fee required by Subsection L., below has been paid.

L. Fees. The fee for filing a petition for release of a covenant of easement in compliance with this section shall be as identified in the city's planning fee schedule.

M. Hearing by the Commission.

1. Upon filing the petition, payment of the filing fees, and acceptance of the petition as complete by the director, notice shall be provided, and the hearing shall be conducted in compliance with Chapter 17.92 (public hearings).

2. The director shall provide a report and recommendation to the commission. The commission may decide to grant the petition, conditionally grant the petition, or deny the petition.

3. The decision of the commission shall be mailed to all persons entitled to notice in compliance with Chapter 17.92 (public hearings).

N. Appeal to Council. Any action taken by the commission under this section may be appealed to the council by filing with the director a written appeal within sixteen days after the decision of the commission. The applicant, or any person, may file an appeal. The appeal shall be filed with the director on a form furnished by the director, and the information and data required to be identified in the notice shall be as prescribed by the director. When the notice has been accepted by the director for filing:

1. The director shall, within ten days file with the city clerk a copy of the application and the appeal.

2. The council shall hold at least one public hearing on the matter. The hearing of the council shall be de novo. The city clerk shall set the date of the first public hearing by the council, which date shall not be less than ten nor more than sixty days after the date on which the appeal was filed with the city clerk. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 17.92 (public hearings). Within a reasonable time after the council has concluded its hearing, it shall, by resolution, identify its findings and decision on the petition for release of the easement.

3. The decision of the council shall be final. The city clerk shall mail a certified copy of the decision of the council to the applicant and the appellant at the addresses shown on the appeal.

O. Finding Required. The commission, or the council on appeal, may grant the petition for release of the covenant of easement only upon a finding that the restriction of the property is no longer necessary to achieve the land use goals of the city.

P. Release to be Recorded. Within fifteen days after action of the commission, or the council on appeal, in granting a petition for release, the director shall cause the recordation of the release in the county recorder's office.