Santa Rosa Zoning Code Ch. 20-54 Permit Implementation, Time Limits, and Extensions (§ 20-54.010 – §…

This Chapter provides requirements for implementing or "exercising" the land use permits required by this Zoning Code, including time limits, and time extensions.

(Ord. 3677 § 1, 2004)

The permits required by this Zoning Code shall become effective on the 11th day following the date of the decision of the review authority, provided that no appeal has been filed in compliance with Chapter 20-62 (Appeals). Effective dates regarding subdivision matters are identified in Title 19 (Subdivisions).

(Ord. 3677 § 1, 2004)

City approval of a land use permit in compliance with Chapter 20-52 (Permit Review Procedures) or other provision of this Zoning Code (e.g., a Hillside Development Permit—Section 20-32.060) shall require that the subject land use and/or development be designed, constructed, and operated over the life of the project in compliance with the approved plans, all conditions of approval, and all applicable provisions of this Zoning Code. Changes to an approved project may be considered by the City in compliance with Section 20-54.060 (Changes to an Approved Project).

(Ord. 3677 § 1, 2004)

An applicant may be required by conditions of approval, or by action of the Director, to provide adequate security to guarantee the faithful performance of any conditions of approval imposed by the review authority. The Director shall be responsible for setting the amount of the required security, after consultation with the Building Official. The guarantee shall be in a form acceptable to the City Attorney. (Ord. 3677 § 1, 2004)

A.

Time limits.

1.

Unless conditions of approval or other provisions of this Zoning Code establish a different time limit, any permit or approval not exercised within 24 months following the date on which the permit or approval was granted shall automatically expire and shall be void, except when associated with an approved Tentative Map in compliance with Subsection (A)(2), or where an extension of time is approved in compliance with Subsection B.

2.

All approved project entitlements, such as a Conditional Use Permit or Hillside Development Permit, associated with an approved Tentative Map shall remain effective concurrent with the period of time the Tentative Map is in effect. If an extension of time is requested for the associated Tentative Map, a similar extension of time for all associated entitlements shall be required and shall be processed concurrently with the Tentative Map extension request.

3.

The permit or approval shall not be deemed "exercised" until the permittee has substantially commenced the approved use on the site in compliance with the conditions of approval or a Building Permit has been issued involving the permit or approval and construction under the permit has commenced and is diligently pursued toward completion on the subject property.

4.

The 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 granted.

If a project is to be developed in approved phases, each subsequent phase shall be exercised within 24 months from the date that the previous phase was exercised, unless otherwise specified in the permit or approval, or the permit or approval shall automatically expire and shall be void, except where an extension of time is approved in compliance with Subsection B.

6.

If a land use that was established in compliance with a Conditional Use Permit ceases operation for six months or more, the Conditional Use Permit shall expire.

B.

Extensions of time. Upon written request by the applicant, the Director may extend the time limit established by Subsection A for a permit or approval to be exercised.

1.

The applicant shall file a written request for an extension of time with the Department at least 30 days before the expiration of the permit or approval, together with the filing fee required by the Council's Fee Schedule. Expiration of the permit or approval will be stayed until the decision on the extension request if the request is filed 30 days before the original expiration.

2.

The Director shall determine whether the applicant has made a good faith effort to exercise the permit or approval. The burden of proof is on the applicant to establish, with substantial evidence beyond the control of the applicant (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit or approval should be extended.

3.

The Director may grant up to four 12-month extensions to the expiration date of the original approval only upon the Director's determination that conditions of the site and in the vicinity are substantially the same as when the permit or approval was originally granted.

C.

Effect of expiration. After the expiration of a permit or approval in compliance with Subsection A (Time limits), above, no further work shall be done on the site until a new permit or approval is first obtained.

(Ord. 3677 § 1, 2004; Ord. 3995 §§ 13, 14, 2012)

Development or a new land use authorized through a permit or approval granted in compliance with Chapter 20-52 (Permit Review Procedures) of 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 as follows.

A.

Application. An applicant shall submit an application requesting desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.

1.

Design Review. Changes may be requested either before or during construction. 2.

Use Permit. Changes may be requested prior to or following the establishment and operation of the approved activity.

B.

Review Authority. Table 5-5 identifies the review authority and notice requirements for Changes to an approved project. The Zoning Administrator or the Director may choose to refer any requested change to the

original review authority for review and final action.

C.

The Director or Zoning Administrator action. The Director or Zoning Administrator, in compliance with Table 5-5, may authorize one or more changes to an approved site plan, architecture, or the nature of the approved land use where the Director or Zoning Administrator first finds that the changes:

1.

Are consistent with all applicable provisions of this Zoning Code;

2.

Do not involve a feature of the project that 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 a basis for conditions of approval by the review authority (i.e., the Commission or Council) in the project approval; and

4.

Do not result in an expansion of the land use and/or activity.

D.

Changes approved by original review authority. A proposed change that does not comply with the criteria in Subsection C, above, shall only be approved by the original review authority for the project through an amended project application processed in compliance with this Zoning Code utilizing the appropriate application checklist for the original review authority.

E.

Notice of pending action. Prior to taking action on any Director level review for this Section, the Director shall notify by mail nearby property owners and others as set forth in Section 20-66.020C.1. The notice shall state that the Director will decide whether to approve or disapprove the application on a date specified in the notice and shall state the ten-day appeal period window of that decision in accordance with Chapter 20-62, Appeals.