Chapter 17.64

Permit Implementation, Time Limits, and Extensions

This chapter provides requirements for the implementation or "exercising" of the land use permits required by this Zoning Code, including time limits, and procedures for granting extensions of time. [Source: 17.44.010, modified]

The permits required by this Zoning Code shall become effective on the eleventh day following the date of the decision of the Review Authority, provided that no appeal has been filed in compliance with Chapter 17.74 (Appeals). [Source: 17.44.020, modified]

A land use permit application deemed approved in compliance with State law (Government Code Section 65956) shall be subject to all applicable provisions of this Zoning Code, which shall be satisfied by the applicant before a Building Permit is issued or a land use not requiring a Building Permit is established. [Source: 17.44.030, modified]

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. [Source: 17.44.040]

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• A. Time Limits. Permits shall comply with the following, unless otherwise specified:

  1. Unless other provisions of this Zoning Code establish a different time limit, any permit or approval not exercised within two (2) years of approval shall expire and become void in compliance with Subsection D. below, except where an extension of time is approved in compliance with Subsection B., below. [Source: 17.44.050.A.1, modified]

  2. The permit shall not be deemed "exercised" until the permittee has substantially commenced the approved activity or has commenced the allowed use on the site in compliance with the conditions of approval. [Source: 17.44.050.A.2]

  3. The land use permit 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. [Source: 17.44.050.A.3]

  4. If a project is to be developed in approved phases, each subsequent phase shall be exercised within two (2) years from the date that the previous phase was exercised, unless otherwise specified in the permit, or the permit shall expire and be deemed void in compliance with Subsection D. below, except where an extension of time is approved in compliance with Subsection B., below. [Source: 17.44.050.A.4]

  5. If the project also involves the approval of a Tentative Map, the phasing shall be consistent with the Tentative Map and the permit shall be exercised before the expiration of the Tentative Map, or the permit shall expire and be deemed void. [Source: 17.44.050.A.4]

• B. Extensions of Time. Upon written request by the applicant, the Director may extend the time for an approved entitlement in compliance with the following standards: [Source: 17.44.050.B]

  1. The applicant shall file a written request for an extension of time with the Department at least thirty (30) days before the expiration of the entitlement, together with the filing fee required by the Master Fee Schedule. [Source: 17.44.050.B.1, modified]

  2. The Director shall determine whether the applicant has made a good faith effort to exercise the entitlement. The burden of proof is on the applicant to establish, with substantial evidence, that factors 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.), demonstrate why the entitlement should be extended. [Source: 17.44.050.B.2, modified]

  3. The Director may extend the time for an approved entitlement for two (2) additional one-year time periods. Notice shall be provided ten (10) days prior to the decision being made to property owners and occupants within three hundred (300) feet of the subject parcel that the approval is pending. The notice shall provide an opportunity to request a public hearing regarding the extension. The request for a public hearing may be made up until the close of business of the day prior to the decision. [Source: NEW]

shall be provided ten (10) days prior to the decision being made to property owners and occupants within three hundred (300) feet of the subject parcel that the approval is pending. The notice shall provide an opportunity to request a public hearing regarding the extension. The request for a public hearing may be made up until the close of business of the day prior to the decision. [Source: NEW]

4. In addition to the two (2) one-year extensions by the Director, the Review Authority for the original approval may extend the approval for one (1) additional year.

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The requested extension shall be considered at a noticed public hearing. [Source: NEW]

• C. Expiration. Extensions shall comply with the following. [Source: 17.44.050.D]

  1. Time Limit. If the time limit for exercising a land use permit provided by Subsection A. expires, the permit shall be deemed expired and void. [Source: 17.44.050.D.1, modified]

  2. Decision. If the Review Authority determines that the applicant has not diligently pursued establishing the land use or constructing the project as authorized by the land use permit, or that all delays in progress were not entirely beyond the applicant's control, the Review Authority shall deem the land use permit expired and void. [Source: Source: 17.44.050.D.2]

• D. Effect of Expiration. After the expiration of a land use permit in compliance with this section, no further work shall be done on the site until a new land use permit is first obtained. [Source: 17.44.050.E, modified]

A development or new land use allowed through a Minor Use Permit, Conditional Use Permit, Minor Variance, Planned Development Permit, Site Plan and Design Review, or other permits and procedures established in this article, 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. [Source: 17.44.060, modified]

• A. Request for Change. Requests for changes to approved projects and permits shall comply with the following:

  1. Application Required. A request for changes is discretionary and is not the

     • automatic right of an applicant. Requests for changes to an approved project or permit shall not be implemented until first approved by the applicable Review Authority in compliance with this section. [Source: NEW]

     2. Application Contents and Processing. 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 at any time during the term of the permit and either before or after construction or establishment and operation of the approved activity. [Source: 17.44.060.A, modified]

     3. Types of Changes Allowed. Requested changes may involve changes to one (1) or more conditions of approval imposed by the Review Authority or actual changes to the operation, use, or physical characteristics of the project (e.g., hours of operation, expansion of a use) as originally proposed by the applicant or approved by the Review Authority. [Source: NEW]

     4. Classification of Change. Each request for change is classified as either administrative, minor, or major in compliance with this section. [Source: NEW]

  • B. Classification of Changes. A request for change(s) shall be classified as follows:

    1. Administrative Change. An administrative change is one that does not result in any material change in the nature of the project or permit. The following are deemed administrative changes for the purposes of this section. [Source: NEW]

       • a. Any change that is consistent with all applicable provisions of this

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Zoning Code, findings required for approval of the original permit, and the spirit and intent of the original approval; [Source: 17.44.060.C.1.a, modified]

• b. Any change that does not involve a feature of the project that was a basis for findings in a negative declaration or mitigation requirements in an environmental impact report for the project; [Source: 17.44.060.C.1.b]

• c. Any change that does not involve a feature of the project that was specifically addressed or was a basis for conditions of approval for the project or that was a specific consideration by the Review Authority, e.g., the Director, Commission, or Council, in the approval of the entitlement; or [Source: 17.44.060.C.1.c, modified]

• d. Any change that does not result in an increase in density or an expansion of the activity. [Source: 17.44.060.C.1.d]

2. Minor Change. A minor change is one that results in minor changes to the operation, use, or physical characteristics of the project or permit. The following are deemed minor changes for the purposes of this section. [Source: NEW]

   • a. Any change identified in Subparagraphs a, b, and c, of Subsection B (Administrative Change), above.

   • b. Any change that results in the addition of up to ten (10) dwelling units, or up to twenty (20) percent increase in gross floor area. A change that results in an increase of dwelling units or gross floor

area beyond this threshold shall be classified as a major change. See Subsection 3 (Major Change), below. [Source: NEW]

3. Major Change. A major change is one that results in major changes to the operation, use, or physical characteristics of the project or permit. The following are deemed major changes for the purposes of this section. [Source: NEW]

   • a. Any change that involves a feature of the project that was a basis for findings in a negative declaration or environmental impact report for the project; [Source: 17.44.060.C.1.b]

   • b. Any change involving a feature of the project that was specifically addressed or was a basis for conditions of approval for the project or that was a specific consideration by the Review Authority, e.g., the Director, Commission, or Council, in the approval of the entitlement; [Source: 17.44.060.C.1.c, modified]

   • c. Any change in the nature of the use; [Source: NEW]

   • d. Any change in in the density or intensity of the project that would result in more than ten (10) dwelling units, or an increase in gross floor greater than twenty (20) percent; [Source: NEW]

   • e. Any change in the orientation or location of the structure on the parcel; or [Source: NEW]

   • f. Any change not classified as either administrative or minor. [Source: NEW]

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• C. Review Authority. The applicable Review Authority for requests for changes shall be determined as follows:

  1. Director—Administrative Changes. The Director may approve requests for changes as follows:

     • a. Administrative Change. The Director may authorize an administrative change(s), to an approved project or permit. See Table 5-3 (Review Authority—Changes to Approved Project/Permit). [Source: NEW]

     • b. Noticed Public Hearing Not Required. An administrative change shall not require a noticed public hearing. [Source: NEW]

     • c. Discretion to Elevate. The Director or Administrative Hearing Officer, in their sole discretion, may elect to elevate the review and decision of a request to change a project or permit to a higher Review Authority (e.g., Director to Administrative Hearing Officer, Administrative Hearing Officer to Commission). The decision of the Director or Administrative Hearing Officer under this section is final and is not subject to reconsideration or appeal. [Source: NEW]

cer, in their sole discretion, may elect to elevate the review and decision of a request to change a project or permit to a higher Review Authority (e.g., Director to Administrative Hearing Officer, Administrative Hearing Officer to Commission). The decision of the Director or Administrative Hearing Officer under this section is final and is not subject to reconsideration or appeal. [Source: NEW]

2. Administrative Hearing Officer. The Administrative Hearing Officer may authorize requests for changes as follows:

   • a. Minor Change. The Administrative Hearing Officer may authorize a minor change(s), as defined Paragraph 2.a (Minor Change), to an approved project or permit. See

Table 5-3 (Review Authority— Changes to Approved Project/Permit). [Source: NEW]

• b. Noticed Public Hearing Required. The Administrative Hearing Officer shall hold a noticed public hearing to consider the requested minor change in compliance with Chapter 17.78 (Public Notices and Hearings). [Source: NEW]

• c. Discretion to Elevate. The Director or Administrative Hearing Officer, in their sole discretion, may elect to elevate the review and decision of a request to change a project or permit to a higher Review Authority (e.g., Administrative Hearing Officer to Commission). The decision of the Director or Administrative Hearing Officer under this section is final and is not subject to reconsideration or appeal. [Source: NEW]

3. Commission or Council. The Commission or Council may authorize requests for changes as follows:

   • a. Major Change. Applications for major changes shall be approved by the Commission or Council, depending on the body which initially issued the project approval. See Table 17.64-01(Review Authority—Changes to Approved Project/ Permit). [Source: NEW]

   • b. Noticed Public Hearing Required. The Commission and Council shall hold a noticed public hearing to hear the requested major change in compliance with Chapter 17.78 (Public Notices and Hearings). [Source: NEW]

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• D. Decision and Findings. The Review AuE. Appeals. Decisions on requests to change thority shall approve requested changes an approved project or permit are appealbased on the findings required for apable in compliance with Chapter 17.74 (Approval of the initial application. The Repeals). [Source: NEW] view Authority may impose further conditions of approval to the requested change as determined necessary or appropriate to make the required findings. [Source: NEW]

Table 17.64-01 Review Authority—Changes to Approved Project/Permit

• A. Resubmittal After Denial with Prejudice. Projects and applications denied with prejudice shall comply with the following:

  1. The Director shall reject an application for a discretionary planning permit, or amendment, on the grounds that one (1) or more similar applications for the same parcel(s) have been denied in the twelve (12) months (also known as denial with prejudice), or that another cause exists for limiting the refiling of the application. [Source: NEW]

  2. For a period of one (1) year 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 parcel, or any portion thereof. [Source: NEW]

• B. Exception. The Director may allow an exception to Subsection A, above, based on one (1) or more the following findings: [Source: NEW]

  1. 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. [Source: NEW]

  2. The surrounding area has been rezoned or a major change in the area has taken place since the previous hearing(s), which materially affects the applicant's real property. [Source: NEW]

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

• C. Resubmittal after Denial without Prejudice. There shall be no limitation on subsequent applications for a site where a project was denied without prejudice. [Source: NEW]

• D. Director's Determination. 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. [Source: NEW]

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• E. Appeal. The Director's determination may be appealed to the Commission, in compliance with Chapter 17.74 (Appeals). [Source: NEW]