Chapter 21.24 — ENTITLEMENT IMPLEMENTATION, EXTENSIONS, AMENDMENTS, AND REVOCATIONS

This chapter provides requirements for the implementation, or "exercising," of the entitlements required by this title, including time limits and procedures for approving extensions of time, modifying approved entitlements, and revoking

entitlements.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.24.020 - Effective dates of entitlements.

No building permit shall be issued until after the effective dates of final decisions, as indicted in this section, and then only in accordance with the terms and conditions of the entitlement granted:

A.

General Plan Amendments. Immediately following city council adoption of a resolution specifying the decision made.

B.

Specific Plans (Adoption and Amendment).

1.

Adopted by Resolution. Immediately following city council adoption of a resolution specifying the decision made.

2.

Adopted by Ordinance. Thirty days following the second reading of an ordinance.

C.

Zoning Code Amendments (Map and Text). Thirty days following the second reading of an ordinance.

D.

Final Maps. Immediately following city council adoption of a resolution specifying the decision made.

E.

Tentative Tract Maps and Tentative Parcel Maps. Fifteen calendar days following review authority adoption of a resolution specifying the decision made; provided, that an appeal has not been filed to the city council and/or that the city council has not called the tentative tract map or parcel map up for city council hearing.

F.

Lot Line Adjustments. Fifteen calendar days following zoning administrator decision; provided, that an appeal has not been filed to the planning commission and/or that the planning commission has not called the lot line adjustment up for commission hearing.

G.

Master Development Plan. Fifteen calendar days following review authority adoption of a resolution specifying the decision made; provided, that an appeal has not been filed to the city council and/or that the city council has not called the master development plan up for city council hearing.

H.

Development Review—Development Plan (with or without modifications). Fifteen calendar days following review authority adoption of a resolution specifying the decision made; provided, that an appeal has not been filed to the city council and/or that the city council has not called the development plan up for city council hearing.

I.

Development Review—Site Plan (with or without modifications). Fifteen calendar days following review authority decision; provided, that an appeal has not been filed to the planning commission and/or that the planning commission has not called the decision up for planning commission review.

J.

Development Review—Plot Plan. Fifteen calendar days following a decision by the zoning administrator; provided, that an appeal has not been filed to the development review committee;

K.

Conditional Use Permits. Fifteen calendar days following review authority adoption of a resolution specifying the decision made; provided, that an appeal has not been filed to the city council and/or that the city council has not called the conditional use permit up for city council hearing;

L.

Administrative Use Permits. Fifteen calendar days following a decision by the zoning administrator; provided, that an appeal has not been filed to the planning commission;

M.

Special Planned Development Zoning Overlay. Thirty calendar days following the second reading of an ordinance.

N.

Variances. Fifteen calendar days following review authority adoption of a resolution specifying the decision made; provided, that an appeal has not been filed to the city council and/or that the city has not called the variance up for city council hearing;

O.

Street Abandonments. Immediately following city council adoption of a resolution specifying the decision made;

P.

Temporary Use Permits. Immediately following a decision by the zoning administrator; provided, that an appeal has not been filed to the planning commission;

Q.

Home Occupations. Immediately following a decision by the zoning administrator; provided, that an appeal has not been filed to the planning commission;

R.

Zoning Verification. Immediately following a decision by the zoning administrator;

S.

Interpretations of the Zoning Code. Immediately following a decision by the zoning administrator; provided, that an appeal has not been filed to the planning commission or city council; and

T.

Short-Term Rental Permit. Fifteen calendar days following the decision of the zoning administrator; provided that an appeal has not been filed to the planning commission and/or the planning commission has not called the short-term rental permit up for commission hearing.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Time Period. The review authority, in the granting of any entitlement, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any entitlement granted under this title shall automatically expire when no project or use or time extension (Subsection 21.24.030(C)) has been initiated within two years after the date of the approval and become null and void.

B.

Reasonable Limits. Any time limit set by the applicable review authority shall be reasonable, based upon the size and the nature of the proposed project.

C.

Actions for Active and Continuous Pursuit. If, at the end of a two-year period, one of the situations listed below has occurred, said approval shall become invalid.

1.

A building or grading permit has not been issued; or

2.

A building or grading permit has been issued but construction or grading has not commenced within one hundred eighty days of the issuance; or

3.

A building or grading permit has been issued and construction or grading has commenced but has subsequently lapsed for a period of one hundred eighty days; or

4.

A written request for a time extension request and the applicable fee have not been received; or

5.

A tentative tract or parcel map associated with the development plan, site plan, or plot plan has expired.

D.

Time Extensions.

1.

The applicant's written request for a time extension shall be submitted prior to expiration of the entitlement, together with any filing fee.

2.

The review authority that approved an entitlement shall be the review authority for an application for a time extension except:

a.

As provided in Subsection 21.15.040(C) (Time Limit on Approval);

b.

For projects originally approved by the city council, a time extension shall be considered by the planning commission; or

c.

Unless an alternate review authority is specified in the approving resolution.

3.

A public hearing in compliance with Chapter 21.26 (Public Hearings and Notice) shall be required for matters that originally required a public hearing.

4.

Time extensions can be granted by the review authority for up to two years per request.

5.

In the event the review authority denies the request for extension, the applicant may, within fifteen days of the decision, appeal the decision in compliance with Chapter 21.25 (Appeals and Calls for Review).

E.

Time Extension Required Findings. An extension of the entitlement, permit, or approval may be granted only if the review authority first makes all of the following findings:

1.

There have been no changes in circumstances that would preclude the review authority from making the findings upon which the original approval was based;

2.

There have been no changes to the provisions of the general plan, zoning code, or other laws or policies applicable to the project since the original approval;

3.

There have been no changes in the character of the site or its surroundings that affect how the standards of the general plan or zoning code apply to the project; and

4.

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.

F.

Further Extensions Deemed New Application. An application for an extension of the entitlement, permit, or approval in excess of eight years following the original date of approval (original two years plus up to an additional six years) shall be treated as a new application. Entitlements approved concurrently with a tentative tract or parcel map shall have the same expiration time period as the tentative map.

G.

Effect of Expiration. Where the entitlement, permit, or approval 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 entitlement, permit, or approval;

3.

The applicant shall have no rights previously granted under the entitlement, 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.

The new application(s) shall be subject to the regulations in effect at time of submittal.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Conformance Required.

1.

A development or new land use allowed by an entitlement, permit, or approval authorized by this chapter 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 any desired changes to an entitlement, permit, or approval to the zoning administrator in writing and shall also furnish appropriate supporting materials and an explanation of the reason(s) for the request.

3.

Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to the operation, use, or physical characteristics of the project (such as hours of operation, expansion of a use, redesign, etc.) as originally proposed by the applicant or approved by the review authority.

Changes shall not be implemented until first approved by the applicable review authority in compliance with this section and may be requested either before or after construction or establishment and operation of the approved use.

B.

Notice of Hearing. A public hearing in compliance with Chapter 21.26 (Public Hearings and Notice) shall be required for matters that originally required a public hearing, except for the minor changes outlined below in Subsection 21.24.040(C) (Minor Changes by Development Review Committee or Zoning Administrator).

C.

Minor Changes by Development Review Committee or Zoning Administrator.

1.

Development Plan. The development review committee, following criteria established by the planning commission from time to time, may authorize minor changes to an approved development plan.

2.

Site Plan. The zoning administrator, following criteria established by the planning commission from time to time, may authorize minor changes to an approved site plan or plot plan.

3.

Criteria for Approval. The review authority may approve or conditionally approve minor changes to an approved development plan or site plan that:

a.

Are consistent with all applicable provisions of this title and the spirit and intent of the original approval; and

b.

Do not involve a feature of the project that was:

i.

A basis for findings in a negative declaration, mitigated negative declaration, or environmental impact report for the project;

ii.

A basis for conditions of approval for the project;

iii.

A basis for making a required finding in granting the permit or approval; or

iv.

A specific consideration by the review authority in granting the permit or approval.

c.

Do not involve any expansion or intensification of the use or structure.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Any entitlement, permit, or approval granted under this title may be revoked or revised for cause if any of the conditions or terms of the entitlement, permit, or approval are violated or if any law or ordinance is violated.

A.

Initiation of Proceeding. Revocation proceedings may be initiated by the city council, planning commission, or zoning administrator.

B.

Public Notice, Hearings, and Action. After conducting a duly noticed public hearing, the applicable review authority shall act on the proposed revocation.

C.

Required Findings. The review authority may revoke or modify the entitlement if it makes any of the following findings:

1.

The approval was obtained by means of fraud or misrepresentation of a material fact either through the omission of a material statement in the application, or in public hearing testimony;

2.

Circumstances under which the entitlement, permit, or approval was granted have been changed by the applicant to a degree that one or more of the findings required to grant the original permit or approval can no longer be made;

3.

Failure or refusal to allow inspections for compliance;

4.

There is or has been a violation of or failure to observe the terms or conditions of approval, or the use has been conducted in violation of the provisions of this title, or any applicable local or state law or regulation;

5.

Improvements authorized by the entitlement, permit, or approval are in violation of any code, law, ordinance, regulation, or statute; or

6.

The use or structure is being operated or maintained in a manner detrimental to the public safety, health and welfare, or to be a nuisance.

D.

Notice of Action. Following review authority action to revoke or modify a permit, the zoning administrator shall issue a notice of action within ten days. The notice shall describe the review authority's action with its findings. The zoning

administrator shall mail notice to the permit holder and to any person or entity who requested the revocation proceeding.

• (Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.25 - APPEALS AND CALLS FOR REVIEW