Chapter 18.505
PERMIT IMPLEMENTATION, TIME LIMITS, EXTENSIONS, AND AMENDMENTS
Sections:
18.505.020 Time limits and extensions.
18.505.030 Changes to an approved project.
18.505.050 Permit to run with the land.
18.505.010 Purpose.
This chapter provides requirements for the implementation of the permits required by the development code, including time limits and procedures for extensions of time. [Ord. 12-4. DC 2012 § 122-1191].
18.505.020 Time limits and extensions.
A. Time Limits.
1. Unless conditions of approval or other provisions of the development code establish a different time limit, any planning permit or approval granted in compliance with Division VII of this title (Permits and Permit Procedures) 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 (Extensions) or the applicant can demonstrate that they have diligently attempted to exercise the permit but were unable due to circumstances beyond their control (i.e., failure to obtain required permit from other governmental agency).
2. The planning permit shall not be deemed “exercised” until:
a. A building or grading permit has been issued and actual construction diligently commenced thereon and has not expired;
b. A certificate of occupancy has been issued; or
c. The use is established (in operation) at the site.
3. For the purposes of the development code, “actual construction” shall mean the placing of construction materials on the site in a permanent manner consistent with approved plans and permits, including the installation of public or private improvements; provided, that in all cases construction work shall be diligently pursued until completion of the subject structure.
4. The planning permit or approval shall remain valid after it has been exercised as long as the building permit (or other applicable permit) is active for the project, or a final building inspection or certificate of occupancy has been issued.
5. If a project is to be developed in preapproved phases, each subsequent phase, until 50 percent or more of the site is developed, shall be exercised within 12 months from the date that the previous phase was exercised, unless otherwise specified in the planning permit, or the planning permit shall expire and be deemed void.
6. If the project also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and all planning permit approvals shall be valid for the life of the tentative map.
B. Extensions. Upon request by the applicant, the city may extend the time for an approved planning permit to be exercised in the following manner:
1. The permittee shall file a written request for an extension of time with the planning division at least 10 days before the expiration of the permit, together with the filing fee required by the city’s fee schedule.
2. The applicable review authority shall hold a public hearing on any proposed extension in compliance with Chapter 18.500 CDC (Public Hearings).
3. The burden of proof is on the permittee to establish with substantial evidence that the permit should not expire. If the applicable review authority determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the review authority may grant a time extension for up to a total of 24 months from the date of the decision to extend the permit; provided, that the review authority first finds that:
a. The requested 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;
b. The findings required by the original approval remain valid; and
c. There are adequate provisions for public services and utilities (e.g., access, drainage, fire protection, sewers, water, etc.) to ensure that the requested extension 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.
4. Exception. If the project approval includes the approval of a tentative map, which is subject to additional time extensions, all planning permit approvals shall be valid for the life of the tentative map. [Ord. 15-8 § 3 (Exh. D); Ord. 12-4. DC 2012 § 122-1192].
18.505.030 Changes to an approved project.
A new development project or use authorized through a permit granted in compliance with the development code shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project, including conditions of approval, are approved in compliance with this section.
A. Request for Change.
1. An applicant shall request desired changes in writing and shall furnish appropriate supporting materials and an explanation of the reasons for the request.
2. Changes may be requested either before or after construction or establishment and operation of the approved use.
B. Minor Changes. The planning division may approve minor changes to approved plans or the nature of the approved use if the changes:
1. Are consistent with all applicable provisions of the development 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, mitigated negative declaration, or environmental impact report (EIR) for the project;
3. Do not create any new potentially significant environmental impacts;
4. 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 design review board or the review authority in the original approval;
5. Do not expand the approved floor area or any outdoor activity area by 10 percent or more over the life of the project; and
6. Do not affect the intent of the approval or allow an additional use that would otherwise require a public hearing which was not previously considered.
C. Major Changes. All other changes shall be considered major and shall be considered by the review authority for the original permit.
D. Other Changes. Changes to the project that are not included in subsection (B) of this section shall be reviewed by the planning division to determine the appropriate process of review. [Ord. 12-4. DC 2012 § 122-1193].
18.505.040 Resubmittal.
A. Resubmittal Prohibited Within 12 Months. For a period of 12 months following the disapproval or revocation/modification of a discretionary planning permit, entitlement, or amendment decided in compliance with the development code, no application for the same or substantially similar discretionary permit, entitlement, or amendment for the same site shall be submitted, unless the disapproval is made without prejudice, and so stated in the record.
B. Planning Division Determination. The planning division shall determine whether the new application for a discretionary planning permit or other approval is the same or substantially similar to the previously disapproved or revoked permit, entitlement, or amendment.
C. Appeal. The determination of the planning division may be appealed to the planning commission, in compliance with Chapter 18.510 CDC (Appeals and Calls for Review).
D. City Council Waiver. The city council may waive the prohibition in subsection (A) of this section if the city council first finds that by reason of changed legal, physical, or sociological circumstances, reconsideration would be in the best interests of the city. [Ord. 12-4. DC 2012 § 122-1194].
18.505.050 Permit to run with the land.
A planning permit granted in compliance with Division VII of this title (Permits and Permit Procedures) shall continue to be valid upon a change of ownership (e.g., of the site, structure, or use that was the subject of the permit application); provided, that the use remains in compliance with all applicable provisions of the development code and all conditions of approval. If the use ceases for six months or more, then the use permit shall no longer be valid. [Ord. 12-4. DC 2012 § 122-1195].