§ 22.64

This Chapter provides requirements for the implementation or "exercising" of the land use permits required by this Title, including time limits, and procedures for granting extensions of time.

Any application approved in compliance with Sections 65956 et seq. of the Government Code shall be subject to all applicable provisions of this Title, which must be satisfied by the applicant before any construction permit is issued.

[Amended 1992, Ord. 2553] [22.02.054]

Any application received and processed shall be deemed withdrawn if:

A.

It is determined that the proposed use is not allowable in the land use category where the site is located, in compliance with Section 22.06.030 (Allowable Land Uses and Permit Requirements) or the planning area standards of Article 9 (Community Planning Standards); or

B.

It has been held in abeyance or continuance, awaiting the submittal of additional required information by the applicant, and the applicant has not submitted the information within 90 days of:

1.

The last County notification to the applicant requesting additional information in advance of either a decision to accept the application for processing, or review by the applicable Review Authority, to which the applicant has not responded; or

2.

The date of the last Review Authority consideration of the application.

Prior to an application being deemed withdrawn, a letter shall be sent notifying the applicant of the withdrawal, and explaining the requirements for re-filing. Where a written request from the applicant is received asking that the application package and unused portion of the filing fee be returned, the Director shall return the entire application package to the applicant, including accompanying information and any

portion of the filing fee not used in processing up to the point of withdrawal. A withdrawn application may be re-filed at any time, provided that it shall be received and processed as a new application.

[Amended 1984, Ord. 2163, 1995, Ord. 2741] [22.02.056]

When required by the provisions of this Title, or by condition of approval of a Minor Use Permit or Conditional Use Permit, appropriate security or guarantees shall be provided by the applicant as set forth in this Section. A bond is used to guarantee the proper completion of required improvements, drainage facilities, grading, revegetation, site restoration after use, reclamation and/or removal of structures, equipment or other materials, preservation of certain site features, or compliance with other provisions of this Title or conditions of approval. The guarantee shall be a bond or other secured contractual guarantee, unless otherwise provided in Article 4 (Standards for Specific Land Uses). The use of the terms bond, guarantee and security in this Section shall all mean guarantees of performance.

A.

Posting. The guarantee shall be posted with the Department, with the County of San Luis Obispo named as beneficiary.

B.

Form of bond. A surety bond or other guarantee shall be in a form approved by the County Counsel, including default provisions, and shall provide that in the event suit is brought upon the bond by the County and judgment is recovered, the surety shall pay all costs incurred by the County in the suit, including reasonable attorneys' fees to be fixed by the court.

C.

Amount of bond. The guarantee shall be of an amount established by the Director equal to the actual cost of completing the specified improvements, restoration, or satisfying conditions of approval. Provided, however, that where a guarantee is required by Conditional Use Permit condition of approval to preserve identified site features, the guarantee shall be in an amount the Commission deems necessary to assure compliance with the applicable condition.

D.

Release of bond. At the request of an applicant, or before the expiration of a bond or guarantee, the Director will review the project and issue a completion statement if all provisions of this Title and conditions of approval have been met. Upon issuance of the completion statement, the guarantee, bond or cash deposit will be released. If the Director determines the project does not meet the applicable requirements, the applicant shall be notified in writing of the deficiencies. A time period for their correction shall be

mutually agreed upon by the applicant and the Director, with the security being held until all the requirements are satisfied. Where no agreement is reached following written notification by the Director, or where an agreed time period for completion is exceeded, the bond shall be called.

[Amended 1992, Ord. 2553] [22.02.060]

An approved land use shall be developed or established only as shown on the project plans approved as part of the permit application, except where otherwise provided by this Section. Deviation of project design or construction from the approved plans, and changes to the project after completion of construction may occur only as follows.

A.

Except as provided by following Subsection B., a feature of the use or project subject to the standards of Articles 3, 4, and 5 may be modified, provided that the change requested is in with the standards of this Title. The change shall be requested in writing with appropriate supporting materials and explanation of the reasons for the request. The Director may approve a requested change upon verification of its conformity with this Title, provided that the approval shall not modify the effective date of the land use permit.

B.

Where the Director determines that the change results in an increased impact to an aspect of the project, that was specifically addressed in a Negative Declaration or Environmental Impact Report for the project, or the change relates to a project feature that was specifically addressed in conditions of approval of a Minor Use Permit or Conditional Use Permit, or that was a specific consideration by the Review Authority in the approval of a Minor Use Permit or Conditional Use Permit, a new Minor Use Permit or Conditional Use Permit approval shall be obtained.

[Amended 1992, Ord. 2553] [22.02.038]

An approved Zoning Clearance or Site Plan Review is valid for a period of 18 months from its effective date. A Minor Use Permit, Conditional Use Permit or Variance is valid for 24 months after its effective date. At the end of this time period, the land use permit shall expire and become void unless:

A.

Substantial site work toward establishing the authorized use has been performed (Section 22.64.080); or

B.

The project is completed (Section 22.64.090); or

C.

An extension has been granted (Section 22.64.070).

Nothing in this Title shall be construed as affecting any time limits established by Title 19 of this code regarding work authorized by a building permit or other construction permit issued in compliance with Title 19, or time limits relating to the expiration of the permit.

[Amended 1986, Ord. 2250] [22.02.040]

When substantial site work (Section 22.64.080) on a project authorized by an approved land use permit has not occurred within the time limits set by Section 22.64.060, a maximum of three, 12-month extensions to the initial time limit may be granted as provided by this Section. Extension requests shall be in writing and shall be filed with the Department on or before the date of expiration of the land use permit or previous extension, together with the required filing fee. When an extension request has been filed, no construction permits shall be issued for a proposed project in compliance with Title 19 of this code until the extension has been approved.

A.

Initial extensions. The Director may grant two 12-month extensions to the time limit for any land use permit. The Director shall grant an extension only after finding that the land use permit does not contain conditions prohibiting extension, and that:

1.

There have been no changes to the provisions of the Land Use Element or Land Use Ordinance applicable to the project since the approval of the land use permit; or

2.

There have been no changes in the character of the site or its surroundings that affect how the standards of the Land Use Element or Land Use Ordinance apply to the project; or

3.

There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools such that there is no longer sufficient remaining capacity to serve the project.

Disapproval of a requested extension by the Director may be appealed to the Commission as set forth in Section 22.70.050 (Appeal).

B.

Third extension. The Commission may grant one additional 12-month extension to an approved land use permit after the two initial extensions provided that the Commission makes the following findings.

1.

That substantial site work could not be completed as set forth in Section 22.64.080 because of circumstances beyond the control of the applicant; and

2.

The findings specified in Sections A.1, A.2, and A.3; and

The findings that were required by Section 22.64.060.C.4 to enable initial approval of the permit.

An approved land use permit shall become void after the expiration of the third extension (or after the expiration of any previous extension when a request for further extension has not been filed before expiration) where substantial site work has not first occurred in compliance with Section 22.64.080. No more than three extensions in compliance with this Section shall be granted.

C.

Land use permit required with a land division. For land use permits that are required in conjunction with a land division application, the advisory agency (the Commission or the Subdivision Review Board) may grant five, 12-month time extensions to the time limit. The Department shall provide a written recommendation in its staff report to the advisory agency concerning the extension request.

[Amended 1986, Ord. 2250; 1999, Ord. 2880; 1999, Ord. 2880] [22.02.050]

22.64.080 - Substantial Site Work Defined.

When all required construction permits have been obtained and construction of an approved use has begun, substantial site work toward establishing the authorized use shall be deemed to have been performed, and project construction may be completed subject to Section 22.64.120 (Lapse of Land Use Permit) when.

A.

Building construction projects. Site work has progressed beyond grading and completion of structural foundations, and construction is occurring above grade within: 18 months of Zoning Clearance or Site Plan Review approval; 24 months of Minor Use Permit or Conditional Use Permit approval; or within 12 months of the date of approval of an extension of land use permit (Section 22.64.070), and construction continues with reasonable progress and no interruption greater than 180 consecutive days, provided that:

1.

Single construction period projects. When no extended project phasing schedule has been authorized through Conditional Use Permit approval (Section 22.64.060.C.1.b.), substantial work shall be performed for all proposed buildings.

2.

Phased projects. Where a project phasing schedule has been approved, construction permits shall be obtained and substantial work shall be performed on at least one approved building.

B.

Non-building projects. The project is completed as set forth in Section 22.64.090 within 18 months of Zoning Clearance or Site Plan Review approval; 24 months of Minor Use Permit or Conditional Use Permit approval; or within 12 months of the date of approval of an extension of land use permit (Section 22.64.070).

C.

Surface mining operations. In the case of a surface mining operation approved in compliance with Chapter 22.36, (Surface Mining and Reclamation), when surface mining operations have been commenced.

[Amended 1992, Ord. 2553] [22.02.042]

Project completion is the point at which active County review of project progress is terminated. A development project is considered completed when:

A.

A Certificate of Occupancy has been issued or, in the case of a dwelling, final building inspection has been granted by the Building Official verifying that all structures, site improvements and/or off-site work has been completed; and any bonds (Section 22.64.040) guaranteeing site improvements have been released.

B.

The Director verifies that a use or activity not involving a building or grading permit is occurring on the subject site in compliance with all applicable provisions of this Title and any adopted conditions.

C.

A final map is recorded, in the case of a Conditional Use Permit approval that is intended only to authorize the filing of a tentative map in compliance with planning area standard (Article 9) or Chapter 22.22 (Land Division Design Standards), unless conditions of approval of the Conditional Use Permit specify other standards for determining project completion.

[Amended 1984, Ord. 2163; 1992, Ord. 2553] [22.02.044]

22.64.100 - Occupancy or Use of Partially Completed Projects.

Multiple building projects (including but not limited to apartment or office complexes and shopping centers), may be granted Certificates of Occupancy for individual completed buildings in advance of completion of the entire project only when.

A.

Individual buildings are completed in compliance with Section 22.64.090 (Project Completion); and

B.

The Director determines that the completed structures are capable of functioning independently from structures remaining to be completed; and

C.

Occupancy of individual structures will not inhibit the completion of the total project; and

D.

Partial occupancy during completion will not have a potential adverse effect on persons in the area or nearby properties.

E.

Occupancy with incomplete site improvements is accomplished in compliance with Section 22.64.110.

[22.02.046]

22.64.110 - Occupancy with Incomplete Site Improvements.

In the case of projects where all structures are complete, but improvements required by this Title or adopted conditions (including but not limited to landscaping, curb and gutter, paving, etc.) are not complete, a Certificate of Occupancy may be issued, provided that:

A.

Buildings are completed in compliance with Section 22.64.090 (Project Completion); and

B.

The Director determines that the buildings can function safely in advance of the completion of the lacking site improvements; and

C.

The improvements remaining to be completed are guaranteed as set forth in Section 22.64.040 (Guarantees of Performance).

[22.02.048]

22.64.120 - Lapse of Land Use Permit.

In the event that any of the circumstances listed in this Section occur, a land use permit shall be deemed to have lapsed. No use of land or structure, the land use permit for which has lapsed in compliance with this Section, shall be reactivated, re-established, or used unless a new land use permit is first obtained.

A.

Completed projects. When a project has been completed or an authorized use not involving construction has been established (Section 22.64.090), the land use permit that authorized the project shall remain valid and in force, including any conditions of approval adopted in connection therewith, unless:

1.

An approved use or structure authorized through Zoning Clearance approval is removed from the site, and the site remains vacant for a period exceeding 12 consecutive months, in which case the Zoning Clearance approval shall lapse; or

2.

The circumstance described in Subsection C. occurs, in which case Minor Use Permit or Conditional Use Permit approval shall lapse; or

3.

A use or structure authorized through Site Plan Review, Minor Use Permit or Conditional Use Permit approval remains vacant and unused for its authorized purpose, or is abandoned or discontinued for a period greater than 12 consecutive months; or

4.

The land use permit is revoked in compliance with Section 22.74.160 ( Permit Revocation).

B.

Partially completed projects. When an approved multiple building project has been partially completed (Section 22.64.100), its land use permit shall remain valid unless work ceases for a period greater than 12 months, and no schedule for phased construction was authorized by the land use permit.

C.

Conditions declared void. If a judgement of a court of competent jurisdiction declares one or more of the conditions of an approved Minor Use Permit or Conditional Use Permit to be void or ineffective, or enjoins or otherwise prohibits the enforcement or operation of one or more conditions, the Minor Use Permit or Conditional Use Permit shall cease to be valid.

D.

Changes in ordinance provisions. If an amendment to the Land Use Element or this Title is adopted such that the approved use is no longer allowable on its site, the land use permit shall lapse unless substantial site work has been completed (Section 22.64.090) before the effective date of the amendment. The effect of an amendment on a completed project is determined by Section 22.72.050 (Nonconforming Uses of Land).

[Amended 1992, Ord. 2553] [22.02.052]

ARTICLE 7 - LAND USE ORDINANCE ADMINISTRATION Chapter 22.70 - ADMINISTRATION AND ADMINISTRATIVE PROCEDURES