Chapter 9.90 — Permit Implementation, Time Limits, and Extensions

Sections:

• 9.90.010 Purpose

• 9.90.020 Conformance to Approved Plans

• 9.90.030 Effective Dates of Permits

• 9.90.040 Applications Deemed Approved by Operation of Law

• 9.90.050 Performance Guarantees

• 9.90.060 Expiration

• 9.90.070 Time Extensions

• 9.90.080 Changes to Approved Projects 9.90.090 Resubmittals

This Chapter provides requirements for the implementation of the permits or approvals required by this Zoning Code, including time limits and procedures for approving extensions of time.

A. Compliance

All work performed under a Building Permit for which project drawings and plans have received approval by the, Director, Commission, or Council shall be in compliance with the approved drawings and plans, and any conditions of approval imposed by the applicable review authority.

B. Changes

Changes to an approved project shall be submitted and processed in compliance with Section 9.90.080 (Changes to Approved Projects).

A. Approvals, Permits, and Variances

A Certificate of Appropriateness, Use Permit, Home Occupation Permit, Reasonable Accommodation, Architectural Design and Site Plan Review , Temporary Use Permit, Outdoor Seating Permit, Mural Permit, or Variance shall become effective 15 days following the actual date the decision was rendered by the applicable review authority

and close of the 14-day appeal period, if no appeal is filed in compliance with Chapter 10.20 (Appeals).

B. Plans/Amendments

1. Council actions to adopt or amend a specific plan (adopted by ordinance), this Zoning Code, Planned Development or the Regulating Plan shall become

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effective on the 30th day following the date the ordinance is actually adopted by the Council. 2. Council actions to adopt or amend the General Plan or a Specific Plan (adopted by resolution) shall become effective on the actual date the decision is rendered by the Council.

C. Issued on the Effective Date

Permits, certificates, and/or other approvals shall not be issued until the effective date; provided, that no appeal of the review authority’s decision has been filed, in compliance with Chapter 10.20 (Appeals).

A. Applicable Provisions

A permit application deemed approved by operation of law in compliance with Government Code Section 65956(b) shall be subject to all applicable provisions of this Zoning Code, which shall be fully satisfied by the applicant before a Building Permit is issued or a land use not requiring a Building Permit is exercised or established.

B. Public Notice

The permit application shall be deemed approved only if the application received proper notice in compliance with Chapter 10.40 (Public Hearings).

A. Deposit of Security

1. As a condition of approval of a Certificate of Appropriateness, Use Permit, Home Occupation Permit, Reasonable Accommodation, Architectural Design and Site Plan Review , Temporary Use Permit, Outdoor Seating Permit, Mural Permit,or Variance, upon a finding that the City’s health, safety, and welfare warrant, the review authority may require the execution of a covenant to deposit security and the deposit of security in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval of the permit or approval in the event that the obligor fails to perform.

authorized to do business in California and approved by the City.

4. The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Director.

5. Security required in compliance with this Section shall be payable to the City.

B. Release of Security

Upon satisfactory compliance with all applicable provisions of this Section, the security deposit shall be released.

2. The applicant/owner may offer to provide adequate security for the faithful performance of a condition(s) of approval imposed as part of the approval process if the Director determines that the condition(s) may be implemented at a later specified date (e.g., inability to install required landscaping due to weather conditions).

C. Failure to Comply

1. Upon failure to perform any secured condition(s), the City may perform the condition, or cause it to be done, and may collect from the obligor all costs incurred, including administrative, engineering, legal, and inspection costs.

2. The security shall, as required by law or otherwise at the option of the City, be in a form which includes but is not limited to cash, a certified or cashier’s check, letter of credit, or a performance bond executed by the applicant and a corporate surety

3. Any unused portion of the security shall be refunded to the obligor after deduction of the cost of the work.

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A. Expiration of Permit or Approval Except Use Permits

Unless otherwise specified in the permit or approval, all permits and approvals, except for Use Permits, for projects not subject to the Subdivision Map Act shall comply with the following expiration provisions.

1. Shall be Implemented

• a) To ensure continued compliance with the provisions of this Zoning Code, the permit or approval shall be implemented within two years following the date of approval, unless, by conditions of the permit or approval, a different (either greater or lesser) time is prescribed, or the permit or approval shall expire and be deemed void, unless an extension is approved by the applicable review authority, in compliance with Section 9.90.070 (Time Extensions).

• b) Any time limit set by the applicable review authority shall be reasonable, based upon the size and the nature of the proposed project.

• c) If after construction commencement, work is discontinued for a minimum period of two years, the permit or approval shall expire and be deemed void.

• d) If the application for the permit or approval also involves the approval of a tentative map, construction commencement shall be implemented before the expiration of the companion final map.

2. Allowable Phasing

• a) Where the permit or approval provides for development in two or more phases or units in sequence, the permit or approval shall not be approved until the review authority has approved the final phasing plan for the entire project site. The project applicant shall not be allowed to develop one phase in compliance with the pre-existing base zone and then develop the remaining phases in compliance with this Section, without prior review authority approval.

ing shall be consistent with the tentative map and the permit or approval shall be implemented before the expiration of the companion final map.

3. Shall be implemented before expiration. A permit or approval shall be implemented before its expiration. The permit or approval shall not be deemed implemented until the applicant has:

• a) Obtained a Building Permit and continuous on-site construction activity including pouring of foundations, installation of utilities, or other similar substantial improvement has commenced and diligently pursued toward completion; or

• b) Obtained a Grading Permit and has completed a significant amount of on-site grading, as determined by the Director, in preparation for the work described in Subsection a., above; and

• c) Diligently continued the approved grading and construction activities in a timely manner in compliance with the subject Building Permit; or

• d) Actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval; or

• e) Met all of the applicable requirements as determined by the Director.

B. Effect of Expiration

Where the permit or approval, except for Use Permits, has expired and/or has been deemed void:

1. No further action is required by the City;

2. No further reliance may be placed on the previously approved permit or approval;

3. The applicant shall have no rights previously granted under the permit or approval;

• b) Pre-approved Phases

• (i) If a project is to be built in pre-approved phases, each subsequent phase shall have two years from the previous phase’s date of construction commencement to the next phase’s date of construction commencement to have occurred, unless otherwise specified in the permit or approval, or the permit or approval shall expire and be deemed void.

• (ii) If the application for the permit or approval also involves the approval of a tentative map, the phas-

4. The applicant shall file a new application(s) along with all required fees and obtain all required approvals before construction can commence or an allowable use may be implemented; and

5. Any security provided by the applicant under the previously approved permit or approval may be utilized by the City to provide suitable protection from any harm that may result from the terminated development.

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A. Director’s Action to Extend

1. Authority. The Director shall have the authority to extend the period specified in Section 9.90.060 (Expiration), for up to one additional one-year period. The Director may instead refer the matter to the Commission for review and final decision.

2. Written Request. The applicant’s written request for an extension of time shall be on file with the Department before expiration of the permit or approval, together with the required filing fee.

3. Public hearing not required

• a) A public hearing shall not be required for the Director’s decision on an extension of time.

• b) However, the Director may conduct a public hearing in compliance with Chapter 10.40 (Public Hearings) if deemed appropriate by the Director.

• c) The Commission shall conduct a public hearing on a referral from the Director in compliance with Chapter 10.40 (Public Hearings).

B. Suspension of Expiration

1. The filing of a written extension request shall suspend the actual expiration of the permit or approval until the extension request has been acted upon by the Director.

or denied by the applicable review authority (e.g., Director, Commission, and/or Council) which originally granted the permit or approval, subject to the findings identified in Subsection D. (Required findings), below.

2. The permit or approval may be extended for up to one additional one-year period, up to a maximum of three years following the original date of approval, unless otherwise allowed by State law.

3. A public hearing shall not be required for the Director’s decision. However, the Director may conduct a public hearing in compliance with Chapter 10.40 (Public Hearings) if deemed appropriate by the Director.

4. The Commission or Council shall conduct a public hearing in compliance with Chapter 10.40 (Public Hearings).

D. Required Findings

An extension of the permit or approval may be granted only if the applicable review authority first finds that there have been no changes in circumstances, law, or General Plan or Development Code policies that would preclude the review authority from making the findings upon which the original approval was based.

E. Further Extensions

2. Building or Grading Permits shall not be issued in compliance with the permit or approval during the period of the suspension.

C. Applicable review authority’s action on further extension.

An application for an extension of the permit or approval in excess of three years following the original date of approval shall be treated as a new application which shall be filed in compliance with Chapter 9.10 (Application Processing Procedures).

1. Upon good cause shown, a further extension may be approved, approved with modifications,

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A. Application

(Public Hearings).

1. A development or new land use allowed through a permit or approval granted in compliance with this Part shall be in substantial compliance with the approved drawings and plans, and any conditions of approval imposed by the review authority, except where changes to the project are approved in compliance with this Section.

C. Minor changes by Director

The Director may authorize minor changes to an approved permit or other approval only if the changes:

1. Are consistent with all applicable provisions of this Zoning Code and the spirit and intent of the original approval; and

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

3. Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to the project (e.g., hours of operation, expansion of a use, etc.) as originally proposed by the applicant or approved by the review authority.

4. Changes shall not be implemented until first approved by the applicable review authority in compliance with this Section, and may be requested either before or after construction or establishment and operation of the approved use.

B. Notice and hearing

If the matter originally required a noticed public hearing, the review authority shall hold a public hearing, except for the minor changes outlined below (See Subsection C.), and shall give notice, in compliance with Chapter 10.40

2. Do not involve a feature of the project that was: a) A basis for findings in a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report for the project;

• b)A basis for conditions of approval for the project; or

• c) A specific consideration by the review authority (e.g., the Director, Commission, or Council) in granting the permit or approval.

3. Do not involve any expansion or intensification of the use or structure.

D. Major Changes

Major changes include changes to the project involving features specifically described in Subsection C., above, and shall only be approved by the original review authority through a new application, processed in compliance with this Zoning Code.

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A. Resubmittal After Denial with Prejudice

1. The review authority may deny an application for a discretionary planning permit, or amendment, on the grounds that two or more similar applications for the same site have been denied in the past two years (also known as denial with prejudice), or that another cause exists for limiting the refiling of the application.

2. For a period of 12 months following the actual date of denial with prejudice by the Director, Commission, or Council, or, if appealed, the actual date of denial by the applicable review authority considering the appeal, of a discretionary planning permit or amendment, no application for the same or substantially similar planning permit or amendment shall be filed for the same site, or any portion thereof.

B. Exception to Subsection A.

The Director may allow exception to Subsection A., based on one or more of the following findings:

2. There has been a substantial and permanent change of circumstances since the previous hearing(s), which materially affects the applicant’s real property.

3. A mistake was made at the previous hearing(s) that was a material factor in the denial of the previous application.

C. Resubmittal After Denial Without Prejudice

There shall be no limitation on subsequent applications for a site where a project was denied without prejudice.

D. Director’s Determination, Appeal

1. The Director shall determine whether a new application is for a planning permit or amendment that is the same or substantially similar to a previously approved or denied permit or amendment, and shall either process or reject the application in compliance with this Section.

2. The Director’s determination may be appealed to the Commission, in compliance with Chapter 9.15 (Appeals).

3. New evidence material to a revised decision will be presented that was unavailable or unknown to the applicant at the previous hearing(s) and that could not have been discovered in the exercise of reasonable diligence by the applicant.

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