Chapter 20.54

PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS

Sections:

20.54.010 Purpose. 20.54.020 Use of Property. 20.54.030 Effective Date of Permits. 20.54.040 Applications Deemed Approved. 20.54.050 Performance Guarantees. 20.54.060 Time Limits and Extensions. 20.54.070 Changes to an Approved Project. 20.54.080 Resubmittals. 20.54.090 Covenants.

This chapter provides requirements for the implementation or “exercising” of permits listed in Table 5-1 and other approvals that are granted or issued in compliance with this Zoning Code, including time limits and procedures for granting extensions of time. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

Required construction permits (e.g., building, grading, and other construction permits) may be issued following the effective date of the permit in compliance with Section 20.54.030.

A. Compliance Required. Grading shall not be commenced and no structure shall be altered, enlarged, erected, moved, or rebuilt subject to the provisions of this part, except in compliance with the approved permit and associated conditions.

B. Director’s Determination. Conformity shall be determined by the Director or, in the case of disagreement with the applicant, by the applicable review authority. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

The approval of any discretionary permit shall become effective on the fifteenth day following the actual date of application approval by the appropriate review authority, where no appeal of the review authority’s action has been filed in compliance with

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Chapter 20.64 (Appeals). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A permit application that is deemed approved by operation of law shall be subject to all applicable provisions of this Zoning Code, which shall be satisfied by the applicant before a building or grading permit is issued or a use not requiring a building permit is established. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A. Deposit of Security.

1. If the review authority finds that the issuance of a permit or other approval is reasonably likely to have a direct adverse impact on the health, safety, or welfare of the public if the condition(s) is not performed, the review authority may impose, as a condition of approval, a requirement that the applicant deposit security in an amount sufficient to ensure the faithful performance of the condition(s).

2. The security shall be in the form of cash, a certified or cashier’s check, or a performance bond. If the applicant elects to fulfill the condition by providing a performance bond, the performance bond shall be issued by a surety currently authorized by the Insurance Commissioner to transact business in the State of California. The surety shall be of a financial size and have a financial rating acceptable to the City’s Risk Manager. The form of the performance bond shall be subject to approval by the City Attorney.

3. The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Director.

4. 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 in a timely manner, the City may execute the condition, or cause it to be done, and may collect from the applicant, and surety in case of a bond, all

costs incurred, including administrative, engineering, legal, and inspection costs.

2. The unused portion of the security, if any, shall be refunded to the applicant after deduction of the costs recoverable by the City.

D. Appeal. The Director’s determinations under this section may be appealed to the Council by the applicant by filing an appeal with the City Clerk within fourteen (14) days after the decision in compliance with Chapter 20.64 (Appeals). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

20.54.060 Time Limits and Extensions. A. Time Limits.

1. Unless a condition of approval or other provision of this Zoning Code establishes a different time limit, any permit or approval not exercised within twenty-four (24) months from the actual date of review authority approval shall expire and become void, except where an extension of time is approved in compliance with subsection (B) of this section.

2. The permit shall not be deemed “exercised” until at least one of the following has first occurred: a. A grading permit has been issued and grading has been substantially completed;

b. A building permit has been issued and construction has commenced, and has continued to maintain a valid building permit by making satisfactory progress as determined by the Building Official; c. A certificate of occupancy has been issued; d. The use is established; or e. A time extension has been granted in compliance with subsection (B) of this section.

3. In cases where a coastal development permit is required, the twenty-four (24) month time limit shall not begin until the effective date of approval of the coastal development permit.

4. If a project is to be developed in preapproved phases, each subsequent phase shall be exercised within twenty-four (24) 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) of this section.

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5. 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 and of no further effect.

6. Once exercised, any use that has been abandoned for at least one hundred eighty (180) days or changed shall be deemed void.

B. Extensions of Time. Upon written request by the applicant, the Director, or the Commission under a referral or appeal, may extend the time for an approved permit or approval to be exercised.

1. Filing and Review of Request. The applicant shall file a written request for an extension of time with the Department no less than thirty (30) days or more than ninety (90) days before the expiration date of the permit, together with the filing fee required by the City’s fee schedule adopted by resolution.

2. Action on Extension Request. A permit or approval may be extended for no more than three additional twelve (12) month periods beyond the expiration of the original approval; provided, the Director, or the Commission under a referral or appeal, 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.

C. Effect of Expiration. After the expiration of a permit or approval in compliance with subsection (A) of this section (Time Limits), no further work shall be done on the site and no further use of the site shall occur until a new permit or approval and any required building permit or other City permits or approvals are first obtained. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

appropriate supporting information and materials explaining the reasons for the request.

B. Minor Changes Approved by the Director Without a Public Hearing.

1. The Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use, without a public hearing, where the Director first finds that the changes:

a. Are consistent with all applicable provisions of this Zoning Code;

b. Do not involve a feature of the project that was a basis for or subject of findings or exemptions 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 a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval; and

d. Do not result in an expansion or change in operational characteristics of the use.

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

C. Changes Approved by Original Review Authority. A proposed change that does not comply with the criteria identified in subsection (B) of this section (Minor Changes Approved by the Director Without a Public Hearing) may only be approved by the original review authority for the project through a new permit application filed and processed in compliance with Chapter 20.50 (Permit Application Filing and Processing) and the applicable provisions of Chapter 20.52 (Permit Review Procedures). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

Development or a new use authorized through a permit granted in compliance with this Zoning 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 compliance with this section.

A. Application. An applicant shall request a proposed change in writing, and shall also furnish

A. Resubmittal after Denial with Prejudice. For a period of twelve (12) months following the actual date of denial with prejudice by the applicable review authority, or, if appealed, the actual date of denial by the applicable review authority considering the appeal, of a discretionary permit or amendment, no application for the same or substantially similar permit or amendment shall be filed for the same site, or any portion thereof.

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B. Exception to Subsection (A) of this Section. The Director may allow exception to subsection (A) of this section based on one or more of the following findings:

1. New evidence material to a revised decision will be presented that was 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.

2. There has been a substantial and permanent change of circumstances since the previous hearing(s), that 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 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.

2. The Director’s determination may be appealed to the Commission, in compliance with Chapter 20.64 (Appeals). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A. Applicability. When necessary to achieve the land use goals and policies of the General Plan, the City may require a property owner to record a covenant and/or other limitation(s) in favor of the City. A covenant:

1. May be required to provide for necessary emergency access, landscaping, light and air access, open space, parking, public view protection, shoreline and bluff-top access, solar access, resource protection, etc., or limitation(s) or restriction(s) on the use of property as a result of a project approval; and

B. Form of Covenant. The form of the covenant shall be approved by the City Attorney, and the covenant shall:

1. Describe the real property to be benefited by the covenant;

2. Identify the City permit or approval that relied on or required the covenant; and

3. Identify the purposes of the covenant.

C. Recordation. A covenant shall be recorded in the County Recorder’s Office.

D. Effect of Covenant. 1. From and after the time of its recordation, a covenant shall provide notice to all persons to the extent afforded by the recording laws of the State.

2. The burdens of the covenant shall be binding on, and the covenant shall benefit all successors-ininterest to the real property.

E. Enforceability. A covenant shall be enforceable by the successors-in-interest to the real property affected by the covenant, and the City. This section shall not create standing in any person, other than the City, and any owner of the real property affected by the covenant, to enforce or to challenge the covenant or any requested amendment or release.

F. Release of Covenant. A covenant may be released by the Director, or by another appropriate review authority in the event of an appeal, at the request of any affected person, including the City.

1. Process for Release. The release of a covenant shall require that the review authority first:

a. Conduct a noticed public hearing in compliance with Chapter 20.62 (Public Hearings); and

b. Find that the covenant on the site is no longer necessary to achieve the land use goals of the City. 2. Recordation. A notice of the release of the covenant shall be recorded by the Director in the County Recorder’s Office.

3. Fees. The applicant for a release of a covenant shall pay the fee for the processing of the release in compliance with the City’s fee schedule adopted by resolution. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

4. Shall be imposed as a condition of approval by the review authority.

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affixed to the land, the improvements occupying a land area amounting to at least ten (10) percent of the total acreage of the PC District at the time of application for a Zoning Map amendment, excluding areas of public works or improvements and public rights-of-way. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

Chapter 20.56

PLANNED COMMUNITY DISTRICT PROCEDURES

Sections:

• 20.56.010 Purpose. 2010) 20.56.020 Area Requirements. 20.56.030 PC District—Land Use 20.56.030 PC District—Land Use Regulations. Regulations.

• 20.56.040 PC District—Property A. Existing Uses. Development Regulations. 1.

• 20.56.050 Application Procedures. a PC District shall be either: 20.56.060 Zoning Map Designator. a.

  1. Uses existing at the time of establishment of

  a PC District shall be either:

  • a. Incorporated as part of the approved develop-

  • ment plan;

b. Allowed to continue as nonconforming uses, in compliance with Chapter 20.38 (Nonconforming Uses and Structures); or

The Planned Community (referred to in this chapter as the PC) District is intended to:

2. Existing uses that are prohibited by any pro-

visions of this Zoning Code shall be terminated before final approval of the development plan. B. New Uses.

A. Classification and Development of Land. Provide for the classification and development of land as coordinated, comprehensive projects in order to take advantage of the superior environment resulting from large-scale community planning.

1. A use, other than a use existing at the time of establishment of a PC District, shall not be allowed in a PC District except in compliance with a valid PC development plan.

B. Diversification of Uses. Allow diversification of uses as they relate to each other in a physical and environmental arrangement while ensuring substantial compliance with the spirit, intent, and provisions of this Zoning Code.

2. An allowed use authorized by this Zoning Code and consistent with the General Plan may be included in an approved PC development plan.

C. Development Plan and Text Materials. Include various types of uses, consistent with the General Plan through the adoption of a development plan and text materials that identify land use relationships and associated development standards. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

3. The Zoning Administrator may approve uses and structures in compliance with Section 20.52.040 (Limited Term Permits). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A. Minimum Acreage.

1. In order to meet the objectives identified in Section 20.56.010 (Purpose), an application for a PC District shall contain a minimum of twenty-five (25) acres of unimproved land area or ten (10) acres of improved land area.

2. The Council may waive these minimum acreage requirements.

B. Improved Land Area Defined. The term “improved land area” as used in this section shall mean parcels of land with permanent structures

Development Regulations.

Property development regulations applicable to residential, commercial, industrial, and mixed-use districts shall also apply to corresponding portions of PC Districts, unless specifically waived or modified by an approved PC District development plan. Where conflict in provisions occurs, the regulations specified in this chapter or in the development plan(s) approved in compliance with this chapter shall apply. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

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If initiated by a property owner(s), the PC District and associated development plan application shall comply with all of the following.

A. Reclassification. An application for classification to a PC District, and/or the adoption of a development plan, shall be filed in compliance with Chapter 20.50 (Permit Application Filing and Processing) and Chapter 20.66 (Amendments). The application shall include all of the information and materials specified by the Director, together with the required fee in compliance with the City’s fee schedule adopted by resolution.

B. Development Plan. 1. Initiation of Development Plan. A PC District development plan may be initiated in the following manner:

a. Council. By the Council, with or without a recommendation from the Commission;

b. Commission. By the Commission; or

c. Property Owner(s). By the filing of a development plan application with the Department by the owner(s) or authorized agent(s) of property for which the development plan is sought. If the property is held in more than one ownership, all owners or their authorized agents shall join in filing the application.

2. Conditional Use Permit Serves as Development Plan. Where existing uses have been established by a conditional use permit before the adoption of a PC District and the uses are to be retained, the conditional use permit as approved or subsequently amended shall constitute the required development plan.

3. Development Plan Required. No new or expanded uses shall occur without an approved PC District development plan.

C. Development Plan Contents. Unless specifically waived by the Director, a PC District development plan application shall contain all of the following information, plans, and materials:

1. Land use map clearly illustrating the distribution, location, and extent of uses proposed within the area covered by the development plan, including open space areas;

2. Land use tables clearly illustrating the uses as allowed, conditionally allowed, or not allowed,

including any special requirements applicable to specific uses;

3. Development standards clearly indicating the proposed acreages, densities and intensities, gross floor area, lot coverage, off-street parking, structure heights, and a circulation plan, along with accompanying text identifying the property development regulations that constitute the standards of development designed to govern those sectors specified in the development plan. The standards shall contain definitions and information concerning requirements for landscaping, lighting, screening, setback line designations, signs, storage, and other information that the Director shall require to ensure substantial compliance with the intent of this chapter;

4. Protection measures for landforms and public views;

5. Sustainable improvement standards (e.g., energy efficient building design, construction, and operation; convenient pedestrian and bicycle circulation; water and resource conservation);

6. Distribution, extent, intensity, and location of major components of public and private circulation/ transportation, drainage, energy, sewage disposal, solid waste disposal, storm drainage, water, and other essential facilities proposed to be located within the development plan area and needed to support the proposed uses;

7. Standards and criteria by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;

8. A program of implementation measures, programs, regulations, and public works projects necessary to carry out the proposed uses, infrastructure, and development and conservation standards and criteria;

9. A map of the development plan area showing sufficient topographical data to indicate clearly the character of the terrain, the type, location, and condition of mature trees and other vegetation, and a conceptual grading plan for the subject property;

10. A discussion of the relationship of the proposed development plan to the goals, policies, and actions of the General Plan; and

11. Additional information deemed to be necessary by the Director based on the characteristics of

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the area to be covered by the development plan, applicable goals, policies, and actions of the General Plan, or any other issue(s) determined by the Director to be significant.

D. Review of Development Plans.

1. Director’s Review. Following receipt of a completed application, the Director shall review the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.

2. Notice and Hearing Requirements. a. Public hearings shall be required for the Commission’s recommendation and the Council’s action on a PC District development plan.

b. The public hearings shall be scheduled once the Director finds the application complete in compliance with Section 20.50.060 (Initial Application Review).

c. Noticing of the hearings shall be provided and the hearings shall be conducted in compliance with Chapter 20.62 (Public Hearings).

3. Environmental Review Required. The development plan shall be subject to environmental review as identified in Section 20.50.080 (Environmental Review).

4. Staff Report. A written staff report shall be prepared for the development plan that shall include detailed recommendations and, if appropriate, suggested changes to the text and/or diagrams of the development plan, as determined to be necessary to make it acceptable for adoption.

E. Development Plan Amendments.

1. Process for Amendment. A PC District development plan may be amended through the same procedure specified by this chapter for the adoption of a development plan.

2. Frequency of Amendments. A development plan may be amended as often as deemed necessary by the Council. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

Each PC District shall be shown on the Zoning Map with a “PC” designator, numbered, and identified sequentially by order of enactment. (Ord. 201021 § 1 (Exh. A)(part), 2010)