§ 17.64

This Chapter provides requirements for the implementation or "exercising" of the permits required by this Zoning Code, including time limits and extensions, changes to approved projects, voluntary relinquishments, resubmittals, and covenants for easements.

A.

11[th] day. A decision of the Director, Zoning Administrator, Hearing Officer, Film Liaison, Environmental Administrator, Board of Zoning Appeals (BZA), Design Commission, Historic Preservation Commission (HPC), or certification of an EIR shall become effective on the 11th day following the date of decision on the application by the appropriate review authority, unless an appeal or a Call for Review of the review authority's decision has been filed before the effective date in compliance with Chapter 17.72 (Appeals).

B.

Open office hours. When a deadline prescribed by this Chapter falls on a day when the City offices are closed, the deadline shall be extended through the next day when the offices are open.

C.

Withdrawal or failure of an appeal or Call for Review. If an appeal or a Call for Review filed in compliance with Chapter 17.72 (Appeals) is withdrawn, or a Call for Review fails, the remaining days of the appeal or Call for Review period (e.g., 10 days) shall start from the date on which the appeal or Call for Review is withdrawn or fails.

D.

Council's action is final.

1.

Council's action on any matter (e.g., appeals, Calls for Review, etc.), except for the adoption of an ordinance, shall be final and effective on the date the final decision is made.

2.

Council's action on the adoption of an ordinance, except for an urgency ordinance, shall become effective on the 31st day following the adoption of an ordinance by the Council.

A permit applicant may be required by conditions of approval or by action of the Director to provide adequate security to guarantee the faithful performance and proper completion of any approved work, and compliance with conditions of approval imposed by the review authority. The provisions of this Section apply to performance guarantees for projects authorized by any of the land use permits required by this Zoning Code.

A.

Form and amount of security. The required security shall be in a form (e.g., cash bond, certificate of deposit, surety bond, etc.) approved by the Director, upon recommendation of the City Attorney. The amount of security shall be as determined by the Director to be necessary to ensure proper completion of the work and compliance with conditions of approval.

B.

When security is acceptable.

1.

No bond or undertaking executed by a corporation as security or surety delivered to the City in compliance with the provisions of the City Charter, any ordinance or resolution of the City, any law of the State, or in compliance with the provisions of any contract or agreement to which the City may be a party, shall be accepted by any officer of the City for and on behalf of the City unless both of the following are true:

a.

The surety on any bond or undertaking is a corporation authorized by the State Insurance Commissioner to transact surety business in the State; and

b.

There is on file, either with the County Clerk or the City Clerk, a copy, duly certified by the proper authority and attested by the seal of the corporation, of the transcript or record of appointment entitling or authorizing the person(s) purporting to execute the undertaking or bond for and on behalf of the corporation to act in the premises.

2.

It shall be the duty of the City Clerk to note, by appropriate endorsement on all bonds and undertakings presented to the City for acceptance, the compliance or noncompliance with this Subparagraph after verifying the fact of filing.

C.

Security for maintenance. In addition to any improvement security required to guarantee proper completion of work, the Director may require security for maintenance of the work in an amount determined by the Director to be sufficient to ensure the proper maintenance and functioning of improvements.

D.

Duration of security. Required improvement security shall remain in effect until final inspections have been made and all work has been accepted by the Director, or until any warranty period required by the Director has elapsed. Maintenance security shall remain in effect for 12 months after the date of final inspection.

E.

Release or forfeit of security.

1.

Upon satisfactory completion of work and the approval of a final inspection (or after the end of the required time for maintenance security), the improvement and/or maintenance deposits or bonds shall be released.

2.

Upon failure to complete the work, failure to comply with all of the terms of any applicable permit, or failure of the completed improvements to function properly, the City may do the required work or cause it to be done, and collect from the permittee or surety all the costs incurred by the City, including the costs of the work, and all related administrative and inspection costs.

3.

Any unused portion of the security shall be refunded to the funding source after deduction of the cost of the work by the City.

A.

Time limits. Unless other provisions of this Zoning Code establish a different time limit, any permit or approval granted in compliance with Chapter 17.61 (Permit Approval or Disapproval) shall be valid for 36 months from the effective date of approval. It shall expire and become void, except where an extension of time is approved in compliance with Subsection C below.

1.

Concept design review.

a.

Concept Design Review shall be valid for 12 months from the effective date of approval.

b.

Approval shall expire and be void except where an extension of time is approved in compliance with Subsection C below or unless an application for Final Design Review has been filed before the expiration date and determined complete.

B.

Exercise of permit.

1.

The permit shall not be deemed "exercised" until a building permit for the subject property has been issued, and construction diligently pursued to completion;

2.

A Certificate of Occupancy has been issued by the City;

3.

If no building permit has been required, the use has commenced ; or

4.

Projects with Land Use and Design Review Entitlements.

a.

A land use entitlement (e.g., Conditional Use Permit, Variance) for a project that also requires to Design Review for new construction is deemed to be exercised when an application for Concept Design Review has been filed and determined complete within 12 months from the effective date of approval.

C.

Extensions of time. Upon request by the applicant, extension requests shall be processed in the following manner.

1.

Application.

a.

The applicant shall file a written request for an extension of time with the Department before expiration of the permit.

b.

The burden of proof is on the applicant to establish with substantial evidence that the permit should not expire. The applicant shall provide the evidence in support of the findings required by this Subsection.

c.

The Director may grant two one-year extensions from the expiration date of the initial approval without notice or public hearing, upon making the findings in Subsection D (Findings).

2.

Concept design review.

a.

The Director may grant an extension for Concept Design Review without notice or public hearing, upon making the findings in Subsection D (Findings).

b.

The Director may grant a time extension for up to an additional 12 months, from the expiration date of the initial decision.

D.

Findings and decision. The review authority may approve or disapprove an application for a time extension. The review authority may approve a time extension only after first finding that:

1.

The findings and conditions of the original approval still apply; and

2.

The proposed project meets the current height, setbacks, and floor area ratio requirements of the Zoning Code and is consistent with the General Plan, any applicable Specific Plan, and the Zoning Map.

E.

Exceptions. The following exceptions apply to the findings required by Subsection D (Findings).

1.

The second finding shall not apply to a project that has been approved with a Vesting Tentative Map.

2.

The second finding shall not apply to a project that has an approved variance unless the Zoning Code has been amended and the variance is now a greater deviation from what was originally approved.

(Ord. No. 7435, § 21, 10-28-2024; Ord. 7215 § 5, 2011; Ord. 7160 § 64, 2009)

Development or a new land use authorized through a permit granted in compliance with this Zoning Code shall be established only as approved by the applicable review authority and subject to any conditions of approval, except where changes to the project are approved in compliance with this Section.

A.

Request for change.

1.

An applicant may apply for changes to the project as approved, including the conditions of approval, only twice in a single calendar year. Changes to the time limits or extensions shall not be permitted except as allowed under Subsection D (Time limits).

2.

The applicant shall request the desired changes in writing and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.

3.

The application for the changes shall be processed, and may be appealed or called for review, in compliance with the same procedures required for the original permit application.

Before approval of the changes, the applicable review authority shall make the findings required for the original approval, and the additional finding that there are changed circumstances sufficient to justify the modification of the original approval.

5.

Changes may be requested either before or after construction or establishment and operation of the approved use.

B.

Minor changes. The Director may approve changes to an approved site plan, architecture, or the nature or conditions of the approved use if the changes:

1.

Are consistent with all applicable provisions of this Zoning Code;

2.

Do not involve a feature of the project that was specifically addressed in, or was a basis for findings in a Negative Declaration (ND), Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR) for the project;

3.

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

4.

Do not expand the approved floor area or any outdoor activity area by 10 percent or more over the life of the project.

C.

Major changes. Changes to the project that do not comply with Subsection B., above, shall only be approved by the applicable review authority through a new permit application. Notice shall be given in the same manner as required for the original application, in compliance with Chapter 17.76 (Public Hearings).

D.

Time limits.

1.

If a major change is approved within three years of the initial approval, the three-year time limit for the entitlement shall start on the date on which the major change was approved. Extensions to the major change may be requested. Any subsequent requests for a major change shall not reset the time limits.

2.

If a major change is approved in the fourth or fifth year of approval, the three-year time limit for the entitlement shall start on the date on which the major change was approved. No subsequent requests for extensions of time shall be allowed, and no subsequently granted major change will extend the time limits.

(Ord. 7215 § 6, 2011)

A land use permit granted in compliance with this Chapter shall continue to be valid upon a change of ownership (e.g., of the site, structure, or use that was the subject of the permit application) provided that the use remains in compliance with all applicable provisions of this Zoning Code and any conditions of approval.

A.

Voluntary relinquishment allowed. Any land use permit granted in compliance with this Zoning Code, except for a Tentative Parcel or Tract Map, may be voluntarily relinquished by the permittee.

B.

Procedure. The procedure for voluntary relinquishment shall be the same as the procedure for obtaining a Minor Variance in compliance with Section 17.61.080.

C.

Notice required. Notice shall be given in the same manner as required for the original application, in compliance with Chapter 17.76 (Public Hearings).

D.

Appeal not allowed. The decision on a voluntary relinquishment cannot be appealed or called for review, as these procedures are identified in Chapter 17.72 (Appeals).

A.

Permit shall become void. Any land-use permit granted in compliance with this Zoning Code shall lapse and become void if the exercise of the rights granted by it is discontinued for a continuous period of at least 12 months.

B.

Permit deemed void. Where the permit has been deemed void:

1.

No further action. No further action is required by the City;

2.

No further reliance. No further reliance may be placed on the previously approved permit;

3.

No rights. The applicant shall have no rights previously granted under the permit; and

4.

New application(s) required. The applicant shall file a new application(s) and obtain all required approvals before construction can commence or an allowable use may be implemented.

C.

Discontinuance. The determination of discontinuance or abandonment shall be supported by evidence, satisfactory to the Zoning Administrator (e.g., the actual removal of equipment, furniture, machinery, structures, or other components of

the use, the turning off of the previously connected utilities, or where there are no business receipts/records available to provide evidence that the use is or has been in continual operation).

A.

Resubmittals prohibited within 12 months. For a period of 12 months following the date of disapproval of a discretionary land use permit, entitlement, or amendment, no application for the same or substantially similar discretionary permit, entitlement, or amendment for the same site shall be filed except on the grounds of new evidence, proof of changed circumstances, or if the disapproval was without prejudice.

B.

Zoning Administrator's determination. The Zoning Administrator shall determine whether the new application is for a discretionary land use permit or other approval which is the same or substantially similar to the previously approved or disapproved permit, entitlement, or amendment.

C.

Appeal. The determination of the Zoning Administrator may be appealed to the Board of Zoning Appeals (BZA), in compliance with Chapter 17.72 (Appeals).

A.

Applicability. 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 of Easement in favor of the City in compliance with Government Code Sections 65870 et seq.

1.

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

2.

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

B.

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

1.

Describe the real property to be subject to the easement;

2.

Describe the real property to be benefited by the easement;

3.

Identify the City approval or permit granted which relied on or required the Covenant; and

Identify the purpose(s) of the easement.

C.

Recordation. The Covenant of Easement shall be recorded in the County Recorder's Office.

D.

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

1.

Act as an easement in compliance with State law (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 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.

E.

Enforceability of Covenant. The Covenant of 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.

F.

Release of Covenant. The release of the Covenant of Easement may be effected by the Zoning Administrator or Hearing Officer, or under an appeal or Call for Review, following a noticed public hearing in compliance with Chapter 17.76 (Public Hearings).

1.

The Covenant of 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.

A notice of the release of the Covenant of Easement shall be recorded by the Director with the County Recorder's Office.

G.

Fees. The City shall impose fees to recover the City's reasonable cost of processing a request for a release. Fees for the processing shall be established by the Council's Fee Resolution.

Chapter 17.66 - Development Agreements

17.66.010 - Purpose of Chapter

A.

Procedures. This Chapter provides procedures and requirements for the review, approval, and amendment of development agreements.

B.

State law. The provisions of this Chapter are consistent with the provisions of State law governing development agreements (Article 2.5 of Section 4 of Division 1 of Title 7, commencing with Government Code Section 65864).

17.66.020 - Applicability

A.

Initiation. Consideration of a development agreement may be initiated by:

1.

Property owner(s) or other persons having a legal or equitable interest in the property proposed to be subject to the agreement or an authorized agent of the owner(s); or

2.

A resolution of intention by the Council.

B.

Fully effectuate. In construing the provisions of any development agreement executed in compliance with this Chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this Article, State law (Article 2.5 of the Government Code, cited above), and the agreement itself.

C.

Discrepancies. If an apparent discrepancy between the meaning of these documents arises, reference shall be made to the following documents, and in the following order:

1.

The terms of the development agreement itself;

2.

The provisions of this Chapter; and

3.

The provisions of State law (Article 2.5 of the Government Code, cited above).