§ 36.420

This Division provides requirements for the implementation or “exercising” of the zoning approvals required by this Zoning Code, including time limits, and procedures for extensions of time.

(Ord. No. 2108 § 1.)

The granting of a zoning approval (e.g., Design Review, Temporary Use Permit, Conditional Use Permit, Administrative Modification, or Variance) shall become effective at the end of the business day on the 15th day following the date the decision is rendered by the appropriate review authority, where no appeal of the review authority’s action has been filed in compliance with Division 36.610 (Appeals).

(Ord. No. 2108 § 1.)

When work required by conditions of approval cannot be completed in a timely manner, an 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 zoning approvals required by this Zoning Code.

A. Form and amount of security. The required security shall be in a form (e.g., cash bond, certificate of deposit) approved by the Director, upon recommendation of the City Attorney. 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 three years after the date of final inspection.

D. Release or forfeit of security.

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 failure to complete the work, failure to comply with all of the terms of any applicable zoning approval, 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.

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.

(Ord. No. 2108 § 1.)

A. Time limits.

1. Unless conditions of approval or other provisions of this Zoning Code establish a different time limit, any Zoning Approval granted in compliance with Division 36.410 (Zoning Approvals or Disapprovals) that is not exercised within 24 months of its approval shall expire and become void, except where an extension of time is approved in compliance with subsection (B) of this section.

2. The Zoning Approval shall be deemed “exercised” when the permittee has submitted construction plans to the Building Official for plan review including payment of the requisite fees for plan check. The Zoning Approval for a project that requires construction shall remain valid; provided, that the plan review process remains active in the Building Division. If no construction is required, the Zoning Approval shall be deemed “exercised” when the permittee has actually commenced the allowed use on the subject site in compliance with the conditions of approval.

3. Zoning 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. A Building Permit issued by the Building Official remains active provided it has not expired pursuant to the Building Code.

4. If a project is to be developed in 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 Zoning Approval, or the Zoning Approval 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 Zoning Approval shall be exercised before the expiration of the Tentative Map, or the Zoning Approval shall expire and be deemed void.

B. Extensions of time. Upon request by the applicant, the review authority may extend the time for a Zoning Approval to be exercised as follows:

1. Application filing. The applicant shall file a written request for an extension of time with the Department at least 10 days before the expiration of the Zoning Approval, together with the filing fee required by the Council Fee Resolution.

2. Burden of proof. The burden of proof is on the permittee to establish with substantial evidence that the Zoning Approval should be extended.

3. Administrative approval. The Director may grant no more than two one-year administrative time extension(s) for a total period not to exceed 24 months from the expiration date of the Zoning Approval; provided, that the Director finds that:

a. The project has not changed and there have been no material changes to the surrounding neighborhood;

b. The permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner;

c. The proposed 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;

d. There are adequate provisions for public services and utilities, e.g., access, drainage, fire protection, sewers, water, etc., to ensure that the proposed change 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 zoning district; and

e. Use of the Zoning Approval is likely to be or has been delayed by causes outside the applicant’s control, e.g., project complexities, legal challenges, an economic downturn, requirements imposed by other governmental agencies.

4. Review Authority. The Review Authority which originally approved the Zoning Approval may extend the time for a Zoning Approval beyond 24 months and up to a maximum of 48 months from the effective date of original approval; provided, that the applicant meets the requirements for time limits and extensions as required in this subsection and the Review Authority makes the findings in subsection (B)(3) of this section.

a. Hearing on extension. The Review Authority which originally approved the Zoning Approval shall hold a hearing on any proposed extension beyond 48 months (inclusive of the original two-year approval and two one-year extensions), in compliance with Division 36.630 (Public Hearings).

(Ord. No. 2108 § 1; Ord. No. 2227 § 3, 2012; Ord. No. 2346 § 2 (Exh. A), 2020; Ord. No. 2348 § 3 (Exh. A), 2020; Ord. No. 2394 § 4 (Exh. A), 2025.)

A project or a new land use authorized through a zoning approval 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. Request for change. 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. Minor changes. The Director shall determine whether a change is minor, and shall use the following criteria in determining what a minor change is. Changes should be deemed minor 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 granting of the zoning approval;

4. Do not expand the approved floor area or any outdoor activity area by 10 percent or more over the life of the project; and

5. Do not change a design element for which the adopted design guidelines are applicable.

C. Major changes. Changes to the project that do not comply with Subsection B., above, shall only be approved by the review authority through a new zoning approval application.

(Ord. No. 2108 § 1; Ord. No. 2183 § 20, 2009.)

A zoning approval granted in compliance with this Division shall continue to be valid upon a change of ownership (e.g., of the site, structure, or use that was the subject of the application), provided that the use remains in compliance with all applicable provisions of this Zoning Code and any conditions of approval.

(Ord. No. 2108 § 1.)

A. Resubmittals prohibited within 12 months. For a period of 12 months following the disapproval, revocation, or modification of a discretionary zoning approval or amendment, no application for the same or substantially similar discretionary zoning approval or amendment for the same site shall be filed.

B. Director’s determination. The Director shall determine whether the new application is for a discretionary zoning approval that is the same or substantially similar to the previously disapproved zoning approval or amendment.

C. Appeal. The determination of the Director may be appealed to the Commission, in compliance with Division 36.610 (Appeals).

D. Council waiver. The Council may waive the prohibition in Subsection A., above if the Council finds that by reason of changed legal, physical, or sociological circumstances, reconsideration would be in the best interests of the City.

(Ord. No. 2108 § 1.)

A. Applicability. When necessary to achieve the land use goals of the City, the City may require a property owner to execute and record a Covenant of Easement in favor of the City, in compliance with Government Code Sections 65870 et seq.

1. A Covenant of Easement may be required to provide for emergency access, 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 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:

1. Act as an easement in compliance with State law (Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the Civil Code), 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 benefitted 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 benefitted 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 Division 36.630 (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 Director 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 Council’s Fee Resolution.

(Ord. No. 2108 § 1.)

Division 36.430. Development Agreements

Sections:

36.430.010 Purpose of Division.

36.430.020 Applicability.

36.430.030 Review Authority.

36.430.040 Application Filing, Processing, and Review.

36.430.050 Execution and Recordation.

36.430.060 Environmental Review.

36.430.070 Periodic Reviews.

36.430.080 Amendment or Cancellation of Development Agreement.

36.430.090 Effect of Development Agreement.

36.430.100 Approved Development Agreements.