Chapter 17.156
POST-DECISION PROCEDURES Amended Ord. 1066
Sections:
17.156.020 Issuance of permits.
17.156.030 City council decisions.
17.156.040 Effective date of decision.
17.156.050 Conformance to approved plans.
17.156.060 Performance guarantees.
17.156.070 Changes to an approved project.
17.156.080 Time limits and extensions. Amended Ord. 1066
17.156.100 Permits to run with the land.
17.156.010 Purpose.
This chapter establishes procedures and requirements that apply following a city decision on a permit required by the zoning code. (Ord. 1043 § 2 (Att. 2), 2020)
17.156.020 Issuance of permits.
Permits 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 17.152 (Appeals). (Ord. 1043 § 2 (Att. 2), 2020)
17.156.030 City council decisions.
All decisions of the city council on appeals, legislative actions, and other matters are final and conclusive except for decisions which may be appealed to the Coastal Commission. (Ord. 1043 § 2 (Att. 2), 2020)
17.156.040 Effective date of decision.
A. City Council Decisions.
1. A decision of the city council on a project outside of the coastal zone is final and shall be effective on the date the decision is rendered.
2. A decision of the city council on a project within the coastal zone that is not appealable to the Coastal Commission is final and shall be effective on the date the Coastal Commission receives a notice of final action consistent with Section 17.44.140 (Notice of final action).
3. A decision of the city council on a project within the coastal zone that is appealable to the Coastal Commission is final and shall be effective after five p.m. on the tenth working day following the Coastal Commission’s receipt of the notice of final action when no appeal of the decision has been filed with the Coastal Commission in compliance with Section 17.44.150 (Appeals).
B. Other Decisions. The decision of the community development director or planning commission is final and effective after five p.m. on the tenth day following the date the decision is rendered, when no appeal of the decision has been filed in compliance with Chapter 17.152 (Appeals). (Ord. 1043 § 2 (Att. 2), 2020)
17.156.050 Conformance to approved plans.
A. Compliance. All work performed under an approved permit shall be in compliance with the approved drawings and plans and any conditions of approval imposed by the review authority.
B. Changes. Changes to an approved project shall be submitted and processed in compliance with Section 17.156.070 (Changes to an approved project). (Ord. 1043 § 2 (Att. 2), 2020)
17.156.060 Performance guarantees.
A. Security Required. The community development director may require an applicant to provide adequate security to guarantee the proper completion of any approved work or compliance with any conditions of approval.
B. Form of Security. The security shall be in the form of cash, a certified or cashier’s check, or a performance bond executed by the applicant and a corporate surety authorized to do business in California and approved by the city.
C. Amount of Security. The community development director shall determine the amount of the security necessary up to one hundred fifty percent of project cost to ensure proper completion of the approved work or compliance with any conditions of approval.
D. Duration of Security. The security shall remain in effect until all work has been completed and conditions fulfilled to the satisfaction of the community development director or until a specified warranty period has elapsed.
E. Release of Security. The security deposit shall be released upon completion of the approved work or compliance with any conditions of approval.
F. Failure to Comply.
1. Upon failure to complete any work or comply with conditions, the city may complete the work or fulfill the condition, and may collect from the applicant or surety all costs incurred, including administrative, engineering, legal, and inspection costs.
2. Any unused portion of the security shall be refunded to the funding source. (Ord. 1043 § 2 (Att. 2), 2020)
17.156.070 Changes to an approved project.
An approved project shall be established only as approved by the review authority, except when changes to the project are approved in compliance with this section.
A. Request for a Change. An applicant shall request desired changes in writing, and shall submit appropriate supporting materials and an explanation for the request.
B. Notice and Hearing. If the original approval required a noticed public hearing, a noticed public hearing is required for the requested change, except as allowed by subsection C of this section (Minor Changes).
C. Minor Changes. The community development director may authorize minor changes to an approved project if the changes comply with all of the following criteria:
1. The requested changes are consistent with the zoning code.
2. The requested changes are consistent with the spirit and intent of the original approval.
3. The requested changes do not involve a feature of the project that was a basis for findings in a negative declaration, mitigated negative declaration, or environmental impact report for the project.
4. The requested changes do not involve a feature of the project that was a basis for conditions of approval for the project.
5. The requested changes do not involve a feature of the project that was a specific consideration by the review authority in granting the approval.
6. The requested changes do not involve any expansion, intensification, or increase in size of the land use or structure.
7. The requested changes comply with the criteria above and involve a minor change to the project design that maintains the essential elements of the project as originally approved. Minor changes to a project design include but are not limited to modifications to:
a. The location, size, or design of a surface parking area if consistent with Chapter 17.76 (Parking and Loading).
b. The location or design of an accessory structure one hundred twenty square feet and ten feet in height or less.
c. The size, placement, or number of doors and windows provided the changes affect fewer than twenty-five percent of the structure’s doors and windows and no new privacy impacts would be created.
d. Materials affecting less than twenty-five percent of the building facade provided the changes maintain the approved architectural style of the structure.
e. Fences and walls if consistent with Chapter 17.60 (Fences and Walls).
f. Landscaping if consistent with Chapter 17.72 (Landscaping).
g. Exterior lighting if consistent with Chapter 17.96 (Supplemental Standards).
h. Roof forms and materials provided there is no increase in structure height.
i. Facade articulation such as porch columns, shutters, tile work, and other architectural details. Modifications that fundamentally alter the architectural style of a structure are not considered a minor change.
j. The number, location, and size of decks and patios provided no new noise or privacy impacts would be created.
k. The number, size, type, and location of skylights.
l. Other similar minor changes to project design as determined by the community development director. (Ord. 1043 § 2 (Att. 2), 2020)
17.156.080 Time limits and extensions. Amended Ord. 1066
A. Expiration of Permit.
1. A permit not exercised within two years shall expire and become void, except where an extension of time is approved as allowed by subsection C of this section (Extension of Time).
2. A permit shall expire and become void if the permitted land use is abandoned or discontinued for one year or longer.
B. Exercised Defined. A permit or approval shall be considered exercised when:
1. A building permit is issued and construction has commenced;
2. A certificate of occupancy is issued; or
3. The land use is established.
C. Extension of Time. The community development director may approve extensions to a permit in the following manner:
1. Extensions to a permit may be approved by the review authority which originally approved the permit.
2. In instances where the community development director was the approval authority, the community development director may choose to refer any action to extend a permit to the planning commission for review and final decision.
3. The review authority may approve up to two two-year extensions (four years total) to a permit. The review authority may also approve an extension up to the expiration date of a valid tentative map as allowed by the Subdivision Map Act for projects involving a subdivision of land if such an extension is necessary to prevent a substantial hardship for the project applicant.
4. The applicant shall submit to the community development department a written request for an extension of time no later than ten days before the expiration of the permit.
5. The review authority may extend the permit if the applicant has proceeded in good faith and has exercised due diligence in efforts to exercise the permit in a timely manner.
6. The burden of proof is on the applicant to demonstrate that the permit should be extended. (Ord. 1043 § 2 (Att. 2), 2020)
17.156.090 Resubmittals.
A. Resubmittals Prohibited. For a period of twelve months following the denial or revocation of a permit, the city shall not accept an application for the same or substantially similar permit for the same site, unless the denial or revocation was made without prejudice, and so stated in the record.
B. Determination. The community development director shall determine whether the new application is for a permit which is the same or substantially similar to the previously denied or revoked permit.
C. Appeal. The determination of the community development director may be appealed to the planning commission, in compliance with Chapter 17.112 (Permit Application and Review). (Ord. 1043 § 2 (Att. 2), 2020)
17.156.100 Permits to run with the land.
Permits issued in compliance with the zoning code remain valid upon change of ownership of the site, structure, or land use that was the subject of the permit application. (Ord. 1043 § 2 (Att. 2), 2020)
17.156.110 Permit revocation.
Any discretionary permit may be revoked as provided for in this section.
A. Review Authority.
1. A permit may be revoked by the review authority which originally approved the permit.
2. In instances where the community development director was the approval authority, the community development director may choose to refer any action to revoke a permit to the planning commission for review and final decision.
B. Property Owner Notification. Prior to initiating proceedings to revoke a permit, the community development director shall notify the property owner of the permit violations, identify necessary corrections, and establish a reasonable period within which the property owner shall correct the violations. If the property owner has not corrected the violation within the specified period of time, the city may proceed with the process to revoke the permit.
C. Public Notice and Hearing. Public notice and hearing for any action to revoke a permit shall be provided in compliance with Chapter 17.148 (Public Notice and Hearings).
D. Findings. The review authority may revoke a permit only if one or more of the following findings can be made:
1. The applicant or property owner has altered the circumstances under which the permit was granted to a degree that one or more of the findings required to grant the original permit can no longer be made.
2. Permit issuance was based on misrepresentation by the applicant, either through the omission of a material statement in the application, or in public hearing testimony.
3. One or more conditions of approval have been violated, or have not been complied with or fulfilled.
4. The use or structure for which the permit was granted no longer exists or has been discontinued for a continuous period of at least twelve months.
5. The applicant or property owner has failed or refused to allow inspections for compliance.
6. Improvements authorized by the permit are in violation of the zoning code or any law, ordinance, regulation, or statute.
7. The use or structure is being operated or maintained in a manner which constitutes a nuisance.
E. Effect of Revocation. The revocation of a permit shall have the effect of terminating the approval and denying the privileges granted by the permit.
F. Appeals. A decision on a permit revocation may be appealed in accordance with Chapter 17.152 (Appeals). (Ord. 1043 § 2 (Att. 2), 2020)