§ 18.180

This chapter identifies the effective date of map or permit approvals and provides requirements (including time limits) for map or permit implementation and map or permit extension.

(Ord. 6968 §1, 2007)

A.

Tentative tract, vesting or reversion to acreage map. All decisions of the Planning Commission granting or denying a tentative tract, vesting or reversion to acreage map are final and effective immediately unless appealed within the ten day appeal period.

B.

Tentative parcel map. All decisions of the Community & Economic Development Director or the Planning Commission acting as the Community & Economic Development Director shall be transmitted by written notice of decision to the City Clerk for transmittal to the City Council. All decisions of the Community & Economic Development Director shall be final and effective ten days following transmittal of the written notice of decision to the City Clerk, unless a member of the City Council has requested the item be reviewed or a written appeal has been filed by the applicant or an interested person within this time. An appeal or request for review of a Community & Economic Development Director decision shall stay the effective date of permit or approval until final action by the City Council.

No building permit or authority to proceed shall be granted until the decision is final and all appeal periods have expired.

C.

Lot line adjustments, lot consolidations, lot merger/unmergers, parcel map waivers and Certificates of Compliance. All decisions of the Community & Economic Development Director shall be final and effective ten days following the notice of decision unless the applicant or any other interested person files a notice of appeal to the City Council within this time. An appeal shall stay the decision of the Community & Economic Development Director until final action by the City Council. Notwithstanding anything to the contrary herein, there shall be no right to appeal the decision of the Community & Economic Development Director to refer the matter to the Planning Commission.

(Ord. 7459 § 59, 2019; Ord. 6968 §1, 2007)

Any permit granted pursuant to this title shall become null and void if not exercised within the time limit specified in the approving document, or within one year if no time has been specified, except that time extensions may be granted pursuant to Section 18.180.050.

(Ord. 6968 §1, 2007)

Any map or permit granted pursuant to this title shall become null and void if the owner or owner's authorized representative of the property for which the map or permit was granted requests, in writing, that the map or permit be voided and the approving or appeal authority having jurisdiction approves the request.

(Ord. 6968 §1, 2007)

A.

The period within which the exercise of a map or permit must occur may be extended by the Community & Economic Development Director. An application for extension shall be filed prior to expiration of the permit along with appropriate fees and necessary submittal materials pursuant to Chapter 18.150 General Application Processing Procedures.

B.

Tentative maps.

1.

Tentative tract, parcel, vesting, and reversion acreage, condominium, and environmental subdivision maps. The Community & Economic Development Director may extend the life of a tentative map beyond the initial 36 month approval by up to six additional years, or as may be further specified in Section 66452.6 (e) of the Government Code of the State of California.

a.

Any application for a one year extension shall be made in writing to the City prior to the expiration of the 36 months allowed. Thereafter, an application for a one year time extension, not to exceed a total of six years beyond the original date of expiration, shall be made in writing to the City prior to the expiration of the previous time extension. The application for a time extension shall be accompanied by a fee as may be prescribed by the City's fee resolution.

2.

Lot line adjustments, lot consolidations, lot merger/unmergers, parcel map waivers and Certificates of Compliance. Lot line adjustments, lot consolidations, lot merger/unmergers, parcel map waivers and

Certificates of Compliance may receive a maximum of two, one year extensions. The approval of an extension extends the expiration date for one year from the original permit date.

3.

The map or permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the map or permit was initially approved.

4.

The extension may be granted only when the designated approving or appeal authority finds that the original map or permit findings can be made and that there are no changing circumstances or that there has been diligent pursuit to exercise the permit that warrants such extension.

C.

Granting of stay. The period of time specified in subdivision B, including any extension granted by the Community & Economic Development Director, shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the Community & Economic Development Director. After service of the initial petition or complaint in the lawsuit upon the Community & Economic Development Director, the subdivider may apply for a stay following the same procedures in subdivision A. Within 40 days after receiving the application, the Community & Economic Development Director shall either stay the time period for up to five years or deny the requested stay.

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(Ord. 7459 § 60, 2019; Ord. 7094 §2, 3, 2010; Ord. 6968 §1, 2007)

18.180.060 - Exercising maps or permits.

The exercise of a map or permit occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permit(s). Unless otherwise provided by law, such exercise of a permit constitutes the vested right to complete the work authorized by the permit. A permit may be otherwise exercised by a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitutes exercise of the permit.

(Ord. 6968 §1, 2007)

Maps and permits and approvals granted pursuant to the provisions of this title shall be transferable upon a change of ownership of the land provided that the use and conditions of the original map or permit or approval are fully complied with, and the project is not modified or enlarged/expanded.

(Ord. 6968 §1, 2007)

18.180.080 - Permit(s) to be maintained on the site during construction.

A copy of all land use and development permits (including all corresponding stamped-approved plans) authorizing construction shall be kept on site at all times during construction.

(Ord. 6968 §1, 2007)

ARTICLE V. - PERMIT PROVISIONS Chapter 18.200 - GRADING AND SOIL EROSION