Mammoth Lakes Municipal Code Ch. 17.64 Permit Implementation, Time Limits, and Extensions

This chapter outlines requirements for the implementation or exercising of the permits or entitlements required by this chapter, including time limits and procedures for extensions of time.

(Code 1990, § 17.64.010; Ord. No. 14-02, § 4, 3-19-2014)

(a) Effective after appeal period.

(1) The approval of a planning permit shall become effective the day after the appeal period has ended and upon receipt by the Community and Economic Development Department of the approval signed by the applicant agreeing to the conditions of approval, provided that no appeal of the approval has been filed in compliance with Chapter 17.100.

(2) For concurrent applications, the effective date of all permits shall be after the last appeal period associated with any one permit has ended and upon receipt by the Community and Economic Development Department of the approval signed by the applicant agreeing to the conditions of approval, provided that no appeal of the approvals has been filed in compliance with Chapter 17.100.

(b) Effective date if appeal filed. If the appeal of a decision approving a planning permit is filed in a timely manner, the permit or entitlement shall be placed on hold pending the final decision on the appeal pursuant to Chapter 17.100. If the final decision is to deny the appeal, the permit or entitlement shall become effective following the final decision on the appeal and upon receipt by the Community and Economic Development Department of the approval signed by the applicant agreeing to the conditions of approval. If the final decision is to approve the appeal, the permit or entitlement shall be deemed void.

(Code 1990, § 17.64.020; Ord. No. 14-02, § 4, 3-19-2014)

A planning permit application that is deemed approved by operation of law in compliance with Government Code § 65956 shall be subject to all applicable provisions of this chapter, which shall be satisfied by the applicant before any building permit is issued or a land use not requiring a building permit is established.

(Code 1990, § 17.64.030; Ord. No. 14-02, § 4, 3-19-2014)

Planning permit approvals granted in compliance with Chapter 17.60 shall run with the land through any change of ownership of the subject site, from the effective date of the permit, unless otherwise stated in the conditions of approval or in any case where a permit expires and becomes void in compliance with Section 17.64.060. All applicable conditions of approval shall continue to apply after a change in property ownership, unless otherwise stated in the conditions of approval.

(Code 1990, § 17.64.040; Ord. No. 14-02, § 4, 3-19-2014)

A permit applicant may be required by conditions of approval, action of the Director, or as otherwise provided in this Code to provide adequate security, in a form specified in the conditions of project approval, to guarantee the faithful performance of any or all conditions of approval imposed on the permit.

(Code 1990, § 17.64.050; Ord. No. 14-02, § 4, 3-19-2014)

(a) Time limits.

(1) Lapse of permit. Unless conditions of approval or other provision of this chapter establishes a different time limit, any permit or approval, including all phases of the permit or approval, not exercised within two years of the effective date shall expire and become void, except where an extension of time is granted in compliance with Subsection (b) of this section.

(2) Permit implementation, commencement of use. A permit shall not be deemed exercised until the permittee has actually obtained a building permit and commenced construction, or where no building permit is required, has actually commenced the allowed use on the subject site in compliance with the conditions of approval; construction shall be diligently pursued toward completion. If a project is to be developed in approved phases, the permit or approval for the phased project shall not be deemed exercised until all project phases are exercised.

(3) Concurrent applications. For concurrent applications, the longest time limit associated with any one permit shall apply to all of the other concurrent permits. All permits that are associated with the approval of a tentative map shall have the same expiration date as the tentative map; however, no permit approved in conjunction with a tentative map shall expire and become void sooner than one year after the approval of the final map.

(4) Expiration by nonuse. Any permit shall expire and be deemed void when the use allowed by the permit is discontinued for a continuous period of two years. However, if a Certificate of Occupancy is issued for the structure associated with the use and all other conditions of approval of the permit are satisfactorily completed, the permit remains in effect even if the structure is vacant for more than two continuous years, provided that no use may be reestablished in the structure or on the site unless the use is determined by the Director to be substantially the same as the original permit approval, and there have been no substantial changes in the conditions or circumstances of the site or project.

(b) Extensions of time. Upon written request by the applicant, the original review authority (e.g., the Director, Commission, or Town Council) may extend the time for an approved planning permit to be exercised.

(1) Application for extension. 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 as established by the Town Council.

(2) Suspension of expiration. Upon the filing of an extension request in compliance with this chapter, the time limit for expiration of a permit shall be suspended until a decision on the extension request is made by the original review authority.

(3) Review procedure. The original review authority shall make determinations in compliance with Subsection (b)(4) of this section prior to taking action on a time extension request. A public hearing is not required for a time extension request.

(4) Action on extension request. The original review authority shall approve, conditionally approve, or deny a time extension request. The original review authority may approve a time extension request only after all of the following findings are made:

a. The applicant has made a good faith effort to exercise the permit and comply with the conditions of approval in a timely manner. The burden of proof is on the applicant to establish, with substantial evidence, that circumstances beyond the control of the applicant have prevented exercising the permit;

b. The permit is still in compliance with the general plan, this chapter, and any applicable specific plan;

c. The original conditions of approval have been modified or new conditions have been imposed as deemed reasonable and necessary to ensure that the approval will remain in compliance with the findings required by this chapter for the applicable permit; and

d. The original review authority shall make project specific findings to support the decision.

(5) Length of extension allowed. The original review authority may grant a permit extension for a period or periods not exceeding a total of six years beyond the expiration date of the original approval, not to exceed a total of eight years of life; provided the original review authority first finds the extension consistent with Subsection (b)(4) of this section. Time extensions for tentative maps and permits associated with tentative maps shall be consistent with Government Code §§ 66452.6.E, 66452.12, 66452.21, and any other statute extending the life of tentative maps.

(c) Effect of expiration. After the expiration of a planning permit in compliance with Subsection (a) of this section, no further work shall be done on the site until a new planning permit and any required building permit or other Town permits are first obtained.

(Code 1990, § 17.64.060; Ord. No. 14-02, § 4, 3-19-2014)

An approved development or new land use authorized through a planning permit granted in compliance with this chapter shall be established, maintained, or operated only as approved by the Town, and in compliance with any conditions of approval, except when changes to a project are approved in compliance with this section.

(1) 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. The required filing fee shall also be provided. A change may be requested either before or after construction, or establishment and operation of the approved land use.

(2) Extent of changes allowed. Generally, minor changes to an approved project may be approved, modified, or denied by the Director, while major changes shall be approved, modified, or denied by the original review authority (e.g., the Director, Commission, or Town Council), unless expressly stated otherwise by the conditions of approval imposed on the project, as follows (also see Section 17.60.090(5) and (6)):

a. Minor changes. The Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved land use where the Director first finds that the changes:

1. Are consistent with all applicable provisions of this chapter, and the approval will remain in compliance with the findings required by this chapter for the applicable permit;

2. 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;

3. Do not involve a feature of the project that was specifically addressed or was a basis for conditions of approval for the project or that was a specific consideration by the review authority in the project approval; and

4. Do not result in an expansion in the scope or intensity of the use.

b. Major changes. The original review authority may authorize major changes to an approved site plan, architecture, or the nature of the approved land use subject to the following:

1. A new planning permit application or modification of the existing permit has been processed in the same manner as the original permit in compliance with this chapter.

2. If the permit for which a change is being requested originally required a noticed public hearing, the review authority shall hold a noticed public hearing on the proposed changes in compliance with Chapter 17.120.

3. If a new land use permit or modification of an existing land use permit is subsequently approved by the review authority, any previously approved land use permit shall be deemed void and superseded by the new land use permit or modification.

(Code 1990, § 17.64.070; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 26), 1-21-2015)

For a period of one year following the 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 as otherwise specified at the time of denial. The Director shall determine whether the new application is the same or substantially similar as a previously denied application.

(Code 1990, § 17.64.080; Ord. No. 14-02, § 4, 3-19-2014)

(a) Covenant may be required. When necessary to achieve the land use goals of the Town, the Town may require property owners holding property in common ownership to execute and record a covenant of easement in favor of the Town for parking, ingress, egress, emergency access, light and air access, landscaping, or open space purposes pursuant to Government Code § 65871. The covenant may be imposed as a condition of approval by the Director, Commission, or Town Council.

(b) Release of covenant. A covenant may be released by the Town, at the request of any person, in the same manner as a street or highway vacation in accordance with the general vacation procedure in the Streets and Highways Code, Div. 9, Pt. 3, Ch. 3 (Streets and Highways Code §§ 8320 through 8325). The Town may impose fees to recover the Town's reasonable cost of processing a request for a release from those persons requesting the release. The required fees shall be as established by the Town Council.

(Code 1990, § 17.64.090; Ord. No. 14-02, § 4, 3-19-2014)