Pismo Beach Municipal Code Ch. 17.44 Permit Implementation, Time Limits, Extensions

This chapter provides requirements for the implementation or "exercising" of the permits required by this Zoning Code, including time limits, and procedures for extensions of time.

A. Non-Appealable Development. The approval of a land use permit that is not for a project located within the CA overlay district shall become effective on the eleventh day following the date of application approval by the appropriate review authority, where no appeal of the review authority's action has been filed in compliance with Chapter 17.54 (Appeals).

B. Appealable Development. The approval of a land use permit for a project located within the CA overlay district shall become effective on the eleventh day after the receipt by the Central Coast office of the California Coastal Commission of the notice of final action required by following Section 17.44.030, where no appeal of the review authority's action has been filed by two Coastal Commissioners in compliance with the Coastal Act, and where no local appeal has been filed within ten days of the date of the decision by the review authority in compliance with Chapter 17.54 (Appeals).

The requirements of this section apply after the review authority has acted on a land use permit application within the Coastal Zone after a public hearing.

A. Notice of Final City Action. Within five calendar days of the review authority decision on a land use permit and meeting the requirements of subsection B, following, the city shall notify the following of its action by first class mail:

1. The Coastal Commission; and

2. Any persons who specifically requested notice of the action by submitting a self-addressed, stamped envelope to the city (or, where required, who paid the fee established by the city fee resolution to receive the notice).

The notice shall include any conditions of approval and written findings and the procedures for appeal of the city decision to the Coastal Commission.

B. Notice of Failure to Act.

1. Notification by Applicant. If the city has failed to act on an application within the time limits set forth in Government Code Sections 65950-65957.1, thereby approving the development by operation of law, the person claiming a right to proceed in compliance with Government Code Sections 65950-65957.1 shall notify, in writing, the city and the Coastal Commission of his or her claim that the development has been approved by operation of law. The notice shall specify the application which is claimed to be approved.

2. Notification by City. When the city determines that the time limits established by Government Code Sections 65950-65937.1 have expired, the city shall, within seven calendar days of the determination, notify any person entitled to receive notice in compliance with subsection (B)(1), above, that the application has been approved by operation of law in compliance with Government Code Sections 65950-65957.1, and the application may be appealed to the Coastal Commission in compliance with California Code of Regulations Sections 13110 et seq. This section shall apply equally to a city determination that the project has been approved by operation of law, and to a judicial determination that the project has been approved by operation of law.

C. Finality of City Action. A city decision on a land use permit application for a development shall not be deemed final until:

1. The city decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified local coastal program and, where applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act; and

2. When all city rights of appeal have been exhausted in compliance with Section 17.54.050(B) (Exhaustion of City Appeals Required).

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/or 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 covered by this Article.

A. Form and Amount of Security. The required security shall be in a form approved by the city manager and the director. The amount of security shall be as determined by the director to be necessary to ensure proper completion of the work and/or compliance with conditions of approval.

B. 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.

C. 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 one year after the date of final inspection.

D. Release or Forfeit of Security. 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. However, 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 administrative and inspection costs. 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 conditions of approval or other provisions of this Zoning Code establish a different time limit, or a provision of state law provides for additional time limits, any permit or approval not exercised within two years of approval shall expire and become void. The permit shall not be deemed "exercised" until the permittee has actually obtained a building permit and commenced construction, or has actually commenced the permitted use on the subject property in compliance with the conditions of approval.

B. Extensions of Time. Upon request by the applicant, the director may extend the time for an approved permit to be exercised for any permit approved by the director, and the commission may grant an extension for any permit approved by the commission.

1. The applicant shall file a written request for an extension of time with the department at least ten days before the expiration of the permit, together with the filing fee required by the city fee resolution.

2. The review authority shall then determine whether the permittee has attempted to comply with the conditions of the permit. The burden of proof is on the permittee to establish with substantial evidence that the permit should not expire.

3. If the review authority determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the review authority may renew the permit for up to an additional two years from the date of the decision.

C. Hearing on Expiration. At the request of the applicant, the director may hold a hearing on any proposed expiration of a permit, in compliance with Chapter 17.58 (Public Hearings).

D. An automatic time extension for any land use permit (as identified in Chapter 17.121) will be granted for the same period of time a land use permit is extended by the state legislature or any state agency, without the requirement for a public hearing, if the state legislature or any state agency extends any land use permit beyond the time limits specified tn (1) and (2) above.

E. Coastal permits that must be secured ancillary to any of the land use permits shall be automatically extended as noted in D. above.

(Ord. O-2009-005, § 1, passed 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 review authority and subject to any conditions of approval, except where changes to the project are approved in compliance with this section.

A. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Changes may be requested either before or after construction or establishment and operation of the approved use.

B. The director may approve one request for changes to an approved site plan, architecture, or the nature 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 or environmental impact report 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 review authority in the approval of the permit;

4. Do not expand the approved floor area or any outdoor activity area by ten percent or more over the life of the project; and

C. Changes to the project involving features described in subsections (B)(2) and (B)(3) above, or changes other than those described in subsection B, shall only be approved by the review authority through a new permit application processed in compliance with this Zoning Code.

A land use permit granted in compliance with Chapter 17.42 (Permit Approval or Disapproval) shall continue to be valid upon a change of ownership of the site, business, service, use or structure that was the subject of the permit application.