Chapter 10.102 — PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS

This Chapter provides requirements for the implementation or exercising of the permits or approvals required by this Zoning Code, including time limits and procedures for approving extensions of time. (Ord. 935 § 3 (part), 2015)

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

B. Changes. Changes to an approved project shall be submitted and processed in compliance with Section 10.102.090 (Changes to an Approved Project), below. (Ord. 935 § 3 (part), 2015)

• A. Approvals, Permits, and Variances.

1. A Site Plan and Design Review for other than second story construction and/or subject to the approval of the Director, Temporary Use Permit, and Zoning Clearance shall become effective immediately following its issuance.

2. A Conditional Use Permit, Minor Use Permit, Minor Variance, Planned Development Permit, Reasonable Accommodation, Site Plan and Design Review for second story construction and/or subject to the approval of the Commission, or Variance shall become effective 10 days following the date the decision was rendered by the applicable review authority.

• B. Plans/Amendments.

1. Council actions to adopt or amend a development agreement, this Zoning Code, a specific plan (adopted by ordinance), or the Zone Map shall become effective on the 31st day following the date the ordinance is adopted by the Council, or at a future date as established by the Council.

2. Council actions to adopt or amend the General Plan or a specific plan (adopted by resolution) shall become effective immediately upon the adoption of a resolution by the Council, or at a future date as established by the Council.

C. Issued on the Effective Date. Permits and/or other approvals shall not be issued until the effective date; provided, that no appeal of the review authority's decision has been filed, in compliance with Chapter 10.114 (Appeals). (Ord. 935 § 3 (part), 2015)

A. Full understanding and acceptance of conditions for all permits. The applicant, upon receipt of the City approved copy of any 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. B. Signed and Dated.

1. The applicant shall return the Acknowledgment and Acceptance of Conditions agreement to the Department, properly signed and dated, within 30 days following the actual date the decision was rendered by the applicable review authority.

2. The approved permit shall not be effective until the City receives the signed and dated Acknowledgment and Acceptance of Conditions agreement.

C. Appeal. If the applicant wishes to appeal any or all of the final conditions of approval, the applicant shall file an appeal within 10 days following the actual date the decision was rendered by the applicable review authority in compliance with Chapter 10.114 (Appeals). (Ord. 935 § 3 (part), 2015)

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 Zoning 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. (Ord. 935 § 3 (part), 2015)

A. Run with the Land. A Conditional Use Permit, Minor Use Permit, Minor Variance, Planned Development Permit, Site Plan and Design Review, Temporary Use Permit, or Variance approval that is approved in compliance with Chapter 10.82 (Permit Application Filing and Processing) 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 10.102.070 (Expiration), below.

B. Conditions Shall Apply. All applicable conditions of approval shall continue to apply after a change in property ownership. (Ord. 935 § 3 (part), 2015)

A. Expiration of Permit or Approval, except Conditional Use Permits. Unless otherwise specified in the permit or approval, all permits and approvals, except for Conditional Use Permits and Minor Use Permits, for projects not subject to the Subdivision Map Act shall comply with the following expiration provisions:

1. Exercised.

a. To ensure continued compliance with the provisions of this Zoning Code, the permit or approval shall be exercised within 12 months from the date of approval, or the permit or approval shall expire and be deemed void, unless an extension is approved by the applicable review authority, in compliance with Section 10.102.080 (Time Extensions), below. Additionally, if after construction commencement, work is discontinued for a minimum period of 12 months the permit or approval shall expire and be deemed void.

b. If the application for the permit or approval also involves the approval of a tentative map, construction commencement shall follow the recordation of the companion final map.

2. 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 Chapter, 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 follow the recordation of the companion final 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 improvements has commenced; 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; 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, except Conditional Use Permits. Where the permit or approval, except for Conditional Use Permits and Minor Use Permits, 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. (Ord. 935 § 3 (part), 2015)

Requests for a time extension for a permit or approval shall be filed and processed in the following manner: A. Before Expiration. 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.

• B. Public Hearing Not Required.

1. A public hearing shall not be required for the applicable review authority’s decision on an extension of time.

2. However, the applicable review authority may conduct a public hearing in compliance with Chapter 10.116 (Public Notices and Hearings) if deemed appropriate by the review authority.

• C. Stay of Expiration.

1. The filing of a written extension request shall stay the actual expiration of the permit or approval until the extension request has been acted upon by the Director, Commission, and/or Council, as applicable.

2. Building or Grading Permits shall not be issued in compliance with the permit or approval during the period of the suspension.

• D. Director’s Action on Extension.

1. Upon good cause shown, an extension may be approved, approved with modifications, or denied by the Director, subject to the findings identified in Subsection F. (Required findings), below.

2. The Director’s decision may be appealed to the Commission, in compliance with Chapter 10.114 (Appeals).

3. The permit or approval may be extended for additional 180-day periods, up to a maximum of 12-months beyond the expiration date of the original approval, unless otherwise allowed by State law.

• E. Commission’s and Council’s Actions on Extension.

1. Upon good cause shown, an extension may be approved, approved with modifications, or denied by recommendation of the Commission and action of the Council, subject to the findings identified in Subsection F. (Required findings), below.

2. The permit or approval may be extended for one additional 12-month period unless otherwise allowed by State law for an aggregate total of 24 months (e.g., 12 months by the Director and an additional 12 months by the Council) from the original date of approval.

• F. Required Findings. An extension of the permit or approval may be granted only if the applicable review authority first makes all of the following findings:

1. There have been no changes in circumstances or law that would preclude the review authority 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. (Ord. 935 § 3 (part), 2015)

A. Application.

1. A development or new land use allowed through a Conditional Use Permit, Minor Use Permit, Minor Variance, Planned Development Permit, Reasonable Accommodation, Relocation Permit, 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 reasons for the request.

3. Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to 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 be approved before implementation of the changes, 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 10.116 (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 Zoning 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 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, 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 Zoning Code. (Ord. 935 § 3 (part), 2015)

A. Resubmittal after Denial with Prejudice.

1. The Review Authority may deny an application for a discretionary permit or approval on the grounds that two or more similar applications by the same applicant and 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, Commission, or Council, or, if appealed, the actual date of denial by the applicable review authority considering the appeal, of a discretionary permit or approval, no application for the same or substantially similar permit or approval by the same applicant and for the same site shall be accepted by the City 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:

a. 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; or

b. Available or known to the applicant at the previous hearing(s), but the applicant was unaware of the significance and applicability of the evidence.

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(s) 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 permit or approval that is the same or substantially similar to a previously approved or denied permit or approval, 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 10.114 (Appeals). (Ord. 935 § 3 (part), 2015)

A. Applicability.

1. Covenant for Easement May Be Required. When necessary to achieve the land use goals of the City, the City may require a property owner holding property in common ownership to execute and record a Covenant for Easement in favor of the City, in compliance with Government Code Sections 65870 et seq.

2. Required Provisions. A Covenant for Easement may be required to provide for emergency access, ingress and egress, landscaping, light and air access, open space, parking, reciprocal access, or for solar access.

B. Condition of Approval. The Covenant for Easement may be imposed as a condition of approval by the applicable review authority.

C. Definitions. For purposes of this Section, the following words, terms, and phrases, when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

1. Easement. An easement is usually for the benefit of other than the property owner, and is an interest in land that belongs to someone else and creates an encumbrance on that land. It is created by grant of easement and accompanied by a legal description and plat of the easement which are recorded against the property at the Office of the County Recorder.

2. Irrevocable Offer of Dedication. This is an actual offer of dedication for future right-of-way. The offer is recorded, but does not go into effect until the Council authorizes and accepts the right-of-way. The exhibits used are the same as for any other dedication, a legal description and a plat showing its location.

3. Partial Reconveyance. If a landowner has a loan against the subject property, there is a first deed of trust on the property. The City requires that all property purchased from a property owner be free and clear of all encumbrances. This requires a release (Partial Reconveyance) from the lender for that portion of the property the City is acquiring.

4. Reciprocal Access Easement. This is an agreement between parties owning adjacent properties. This allows all owners of property that have entered into this agreement the right of access over the owner’s property. This instrument is used for ingress and egress, parking, sanitary sewer, water and storm drainage across, over, or under each property for the benefit of each party.

5. Right-of-Entry. Gives the City the right to enter across, over, under, or upon the grantor's property and is usually used to allow construction to proceed before right-of-way being acquired.

D. Form of Covenant. The form of the Covenant shall be approved by the City Attorney, and the Covenant for Easement shall:

1. Describe Property. Describe the real property subject to (i.e., burdened by) the easement;

2. Describe Property to be Benefited. Describe the real property to be benefited by the easement;

3. Planning Permit. Identify the City permit or approval that relied on or required the Covenant; and

4. Purpose of Easement. Identify the purpose(s) of the easement.

• E. Recordation. The Covenant for Easement shall be recorded in the County Recorder’s Office.

• F. Effect of Covenant. From and after the time of its recordation, the Covenant for Easement shall:

1. Act as an Easement. Act as an easement in compliance with Chapter 3 (commencing with Section 801) of Title

• 2 of Part 2 of Division 2 of the Civil Code, except that it shall not merge into any other interest in the real property. Civil Code Section 1104 shall be applicable to the conveyance of the affected real property; and

2. Impart Notice. Impart notice to all persons to the extent afforded by the recording laws of the State. Upon recordation, the burdens of the Covenant shall be binding on, and the Covenant shall benefit, all successors-in-interest to the real property.

G. Enforceability of Covenant. The Covenant for Easement shall be enforceable by the successors-in-interest to the real property benefited by the Covenant and the City. Nothing in this Section creates standing in any person, other than the City, and any owner of the real property burdened or benefited by the Covenant, to enforce or to challenge the Covenant or any requested amendment or release.

H. Release of Covenant. The release of the Covenant for Easement may be affected by the Council, or under an appeal, following a noticed public hearing in compliance with Chapter 10.116 (Public Notices and Hearings).

1. May Be Released by City. The Covenant for Easement may be released by the City, at the request of any person, including the City or an affected property owner, on a finding that the Covenant, on the subject property, is no longer necessary to achieve the land use goals of the City.

2. Recordation of Notice. A notice of the release of the Covenant for Easement shall be recorded with the County Recorder’s Office.

• I. Fees.

1. The City shall impose fees to recover the City’s reasonable cost of processing a request for a release.

2. Fees for the processing shall be established by the Planning Fee Schedule. (Ord. 935 § 3 (part), 2015)