Chapter 17.64
PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS
Sections:
17.64.020 Effective date of permits.
17.64.030 Effect of permit approval.
17.64.040 Effect of permit denial.
17.64.050 Applications deemed approved.
17.64.060 Permits to run with the land.
17.64.070 Performance guarantees.
17.64.080 Permit time limits, extensions, and expiration.
17.64.090 Changes to an approved project.
17.64.010 Purpose.
This chapter provides requirements for the implementation or “exercising” of the permits required by this land use code, including time limits and procedures for granting extensions of time. (Ord. 766 § 2 Exh. A (part), 2004).
17.64.020 Effective date of permits.
A use permit, minor use permit, variance, minor variance, design review, hillside development permit, or tree removal permit approval shall become effective on the eleventh day following the date of application approval by the review authority, provided that no appeal has been filed in compliance with Chapter 17.84 (Appeals) of this title. (Ord. 766 § 2 Exh. A (part), 2004).
17.64.030 Effect of permit approval.
Development or a new land use authorized through a planning permit granted in compliance with this land use code shall be established only as approved by the review authority, and in compliance with all conditions of approval, except where a change to the project is approved in compliance with Section 17.64.090 (Changes to an approved project) of this chapter. (Ord. 766 § 2 Exh. A (part), 2004).
17.64.040 Effect of permit denial.
If a planning permit application is either denied by the review authority without appeal, or is denied by an appeal body, no new application for the same or substantially similar proposal shall be filed with the city for at least twelve months from the date of the final decision denying the application or proposal. (Ord. 766 § 2 Exh. A (part), 2004).
17.64.050 Applications deemed approved.
A planning permit application deemed approved in compliance with state law (Government Code Section 65956) shall be subject to all applicable provisions of this land use 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. (Ord. 766 § 2 Exh. A (part), 2004).
17.64.060 Permits to run with the land.
A use permit, minor use permit, variance, minor variance, hillside development permit, or design review approval that is granted in compliance with Chapter 17.62 (Permit Review and Decisions) of this title shall be deemed to run with the land through any change of ownership of the subject site, from the effective date of the permit, except in any case where a permit expires and becomes void in compliance with Section 17.64.080 (Permit time limits, extensions, and expiration) of this chapter. All applicable conditions of approval shall continue to apply after a change in property ownership. (Ord. 766 § 2 Exh. A (part), 2004).
17.64.070 Performance guarantees.
A. As a condition of approval of a use permit, minor use permit, variance, minor variance, hillside development permit, or design review, 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 in the event that the permittee fails to perform. The security shall, as required by law or otherwise at the option of the city, be in the form of cash, a certified or cashier’s check, a faithful performance bond, or other security acceptable to the city, executed by the applicant and a corporate surety authorized to do business in California. The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the director.
B. Security required in compliance with this section shall be payable to the city.
C. Upon satisfaction of all applicable provisions of this section, the security deposit will be released. However, upon failure to perform any secured condition, the city may perform the condition, or cause it to be done, and may collect from the permittee, and surety in case of a bond, all cost incurred, including engineering, legal, administrative, and inspection costs. (Ord. 766 § 2 Exh. A (part), 2004).
17.64.080 Permit time limits, extensions, and expiration.
A. Time Limits.
1. Unless a condition of approval or other provision of this land use code establishes a different time limit, any permit or approval not exercised within two years of approval shall expire and become void, except where an extension of time is approved in compliance with subsection B of this section.
2. The permit shall not be deemed “exercised” until the permittee has substantially commenced the approved activity or has actually commenced the allowed use on the site in compliance with the conditions of approval.
3. After it has been exercised, a planning permit shall remain valid and run with the land in compliance with Section 17.64.060 of this chapter, as long as a building permit is active for the project, the applicant has complied with all applicable conditions of approval, and after a final building inspection or certificate of occupancy has been granted.
4. If a project is to be developed in approved phases, each subsequent phase shall be exercised within two years from the date that the previous phase was exercised, unless otherwise specified in the permit, or the permit shall expire and be void in compliance with subsection C of this section, except where an extension of time is approved in compliance with subsection B of this section. 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 void.
B. Extensions of Time. Upon written request by the applicant, the original review authority for the planning permit may extend the time for the permit to be exercised.
1. Filing and Review of Request.
a. Time for Filing. The applicant shall file a written request for an extension of time with the director before the expiration of the permit, together with the filing fee required by the city’s fee schedule. Upon the timely filing of an extension request, permit expiration shall not occur until action by the city on the extension.
b. Evidence to be Provided. The review authority shall determine whether the applicant has made a good faith effort to exercise the permit. The burden of proof is on the applicant to establish, with substantial evidence, that circumstances beyond the control of the applicant have prevented exercising the permit.
c. Public Hearing. If the original approval required a public hearing, the applicable review authority shall hold a public hearing on a proposed extension of time, after providing notice of the public hearing in compliance with Chapter 17.88 (Public Hearings) of this title.
2. Action on Extension Request. A permit may be extended by the review authority for no more than two additional one-year periods beyond the expiration of the original approval, provided that the review authority first finds that there have been no changes in the conditions or circumstances of the site or project such that there would have been grounds for denial of the original project. The decision of the review authority on a time extension may be appealed in compliance with Chapter 17.84 (Appeals) of this title.
C. Effect of Expiration. After the expiration of a planning permit in compliance with subsection (A)(1) of this section, no further work shall be done on the site until a new planning permit and any required building permit or other city permits are first obtained. (Ord. 766 § 2 Exh. A (part), 2004).
17.64.090 Changes to an approved project.
Development or a new land use authorized through a planning permit granted in compliance with this land use code shall be established only as approved by the review authority, and in compliance with all conditions of approval, except where a change to the project is approved as follows:
A. Application. An applicant shall request a desired change in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.
B. Public Hearing. If the original project approval required public notice and a hearing, public notice shall be provided, and the review authority shall conduct a public hearing on the requested changes in compliance with Chapter 17.88 (Public Hearings) of this title.
C. Changes Approved by Director. The director may authorize one or more changes to an approved site plan, architecture, landscape plan, parking layout, or the nature of the approved land use where the director first finds that each change:
1. Is consistent with all applicable provisions of this land use code;
2. Does not involve a feature of the project that was a basis for findings in a negative declaration or environmental impact report for the project;
3. 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 project approval;
4. Is minor and will not affect the aesthetics of the project; and
5. Does not result in an expansion of the land use.
The director may choose to refer any requested change to the original review authority for review and final action.
D. Changes Approved by Original Review Authority. A proposed change that does not comply with the criteria in subsection C of this section shall only be approved by the original review authority for the project through a new permit application processed in compliance with this land use code. (Ord. 766 § 2 Exh. A (part), 2004).