San Ramon Municipal Code Ch. III Permit Implementation, Time Limits, and Extensions

This Chapter provides requirements for the implementation or “exercising” of the permits required by this Zoning Ordinance, including time limits, and procedures for extensions of time.

The approval of a land use permit (e.g., Architectural Review, Development Plan, Planned Development Permit, Temporary Use Permit, Use Permit, or Variance) shall become effective on the 11th calendar 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 D7-II (Appeals and Calls for Review).

A permit applicant may be required by conditions of approval or by action of the Zoning Administrator 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 land use permits required by this Zoning Ordinance. A. Form and amount of security. The required security shall be in a form approved by the Zoning Administrator, upon recommendation of the City Attorney. The amount of security shall be as determined by the Zoning Administrator 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 Zoning Administrator may require security for maintenance of the work, in an amount determined by the Zoning Administrator to be sufficient to ensure the proper maintenance and functioning of the improvements. C. Duration of security. 1. Improvement security. Required improvement security shall remain in effect until final inspections have been made and all work has been accepted by the Zoning Administrator, or until any warranty period required by the Zoning Administrator has lapsed. 2. Maintenance security. Maintenance security shall remain in effect for at least 12 months after the date of final inspection. D. Release or forfeit of security.

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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 a determination by the Zoning Administrator that the responsible parties have failed, within a required time or an otherwise reasonable time period, to complete the work, to comply with all of the terms of any applicable permit, or in the event of a 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. 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. 1. Any planning permit or approval granted in compliance with Division D6, Chapter II (Permit Review and Decisions) that is not exercised within 12 months of its approval shall expire and become void, after being given notice and a hearing unless one of the following are met: a) the conditions of approval or other provisions of this Zoning Ordinance establish a different time limit; b) the property owner or applicant applied for all permits relating to project improvements and is working diligently to complete such improvements; or c) the property owner or applicant provided substantial evidence of use in progress to the satisfaction of the Community Development Director demonstrating that the property owner or applicant is working diligently and in good faith to complete any necessary improvements and commence upon the proposed use. The property owner or applicant may apply for an extension of time in compliance with Subsection B. (Extensions), below. 2. The planning permit shall not be deemed "exercised" until: a. A Building Permit has been issued and actual construction diligently commenced thereon and has not expired; or b. A Certificate of Occupancy has been issued; or c. The use is established (in operation on the site). 3. For the purposes of this Zoning Ordinance, actual construction shall mean the placing of construction materials in a permanent manner or demolition of existing structures preparatory to rebuilding; provided, that in all cases construction work shall be diligently pursued until completion of the subject structures. 4. The planning permit or approval shall remain valid after it has been exercised as long as a Building Permit is active for the project, or a final building inspection or Certificate of Occupancy has been issued. 5. If a project is to be developed in pre-approved phases, each subsequent phase shall be exercised within 12 months from the date that the previous phase was exercised, unless otherwise specified in the planning permit, or the planning permit shall expire and be deemed void. If the project also involves the approval of a Tentative Map, the phasing shall be consistent with the Tentative Map and the planning permit or approval shall be exercised before the expiration of the Tentative Map, or the planning permit or approval shall expire and be deemed void. B. Extensions. Upon request by the applicant, the Zoning Administrator may extend the time for an approved planning permit to be exercised in the following manner.

City of San Ramon, CA | Municipal Code 793

1. The permittee shall file a written request for each extension of time with the Planning Services Division at least 10 days before the expiration of the permit, together with the filing fee required by the City’s Fee Schedule. 2. The burden of proof is on the permittee to establish with substantial evidence that the permit should not expire. If the Zoning Administrator determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the Zoning Administrator may grant a time extension to extend the permit, provided that the Zoning Administrator first finds that: a. The requested extension is consistent with the General Plan, and any applicable specific plan, and the overall project remains consistent with those plans as they exist at the time the extension request is being considered; b. The findings required by the original approval remain valid; and c. There are adequate provisions for public services and utilities (e.g., access, drainage, fire protection, sewers, water, etc.), to ensure that the requested extension would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and applicable zone. 3. Upon making the findings in subsection B.2., above, the Zoning Administrator may grant a maximum of three, 12-month time extensions from the effective date of an approved planning permit.

C. Hearing on expiration. The review authority shall hold a noticed hearing on any proposed expiration of a planning permit, in compliance with Chapter D7-IV (Public Hearings). (Ord. No. 496, § 2, 01/28/2020)

Effective on: 2/27/2020

D6-35- Changes to an Approved Project

A new development project or land use authorized through a permit granted in compliance with this Zoning Ordinance shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project, including conditions of approval, are approved in compliance with this Section. A. Request for change. 1. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. 2. Changes may be requested either before or after construction or establishment and operation of the approved use. B. Minor changes. The Zoning Administrator may approve 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 Ordinance; 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 review authority in the original 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. City of San Ramon, CA | Municipal Code 794

C. Other changes. Changes to the project that are not included in Subsection B. (Minor changes), above, shall be reviewed by the Zoning Administrator to determine the appropriate process of review.

A land use permit (e.g., Architectural Review, Development Plan, Minor Use Permit, Planned Development Permit, Temporary Use Permit, Use Permit, or Variance) granted in compliance with Division D6, Chapter II (Permit Review and Decisions) 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 Ordinance and any conditions of approval.

A. Resubmittals prohibited within 12 months. For a period of 12 months following the disapproval or revocation/modification of a discretionary land use permit, entitlement, or amendment decided in compliance with this Zoning Ordinance, no application for the same or substantially similar discretionary permit, entitlement, or amendment for the same site shall be submitted, unless the disapproval is made without prejudice, and so stated in the record. 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 disapproved or revoked permit, entitlement, or amendment. C. Appeal. The determination of the Zoning Administrator may be appealed to the Commission, in compliance with Chapter D7-II (Appeals and Calls for Review). D. Council waiver. The Council may waive the prohibition in Subsection A., above if the Council first finds that by reason of changed legal, physical, or sociological circumstances, reconsideration would be in the best interests of the City.

D6-38- Covenants of Easements 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 State law (Government Code Sections 65870 et seq.) 1. A Covenant of Easement may be required to provide for emergency access, access to an on- site public art feature for maintenance, 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 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 benefitted by the easement; 3. Identify the City approval or permit granted which relied on or required the Covenant; and 4. Identify the purposes 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:

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1. Act as an easement in compliance with Civil Code Section 801 et seq., 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 Commission, or the Council on appeal, following a noticed public hearing in compliance with Chapter D7-IV (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 Zoning Administrator 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 City’s Fee Schedule.