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Chapter 8.96
PERMIT PROCEDURES

8.96.010 Purpose.

The purpose of this Chapter is to establish general Permit procedures.

8.96.020 Procedures.

The following procedures are applicable to Permits under this Title. Where a conflict occurs between procedures in this Chapter and those of a particular Permit, the procedures applicable to that Permit shall apply:

A.    Conditions of Approval. Where applicable, the decisionmaker may impose conditions to ensure that a Permit will be in accordance with Title 8 and the findings required for that Permit, that it will be consistent with the General Plan and applicable Specific Plans, and that it implements CEQA mitigations.

B.    Evidence in support of required findings. All findings required to be made for approval of Permits shall be supported by substantial evidence. It shall be the applicant’s responsibility to provide facts and evidence to support the required findings.

C.    Referral. Where an application is referred to another Decision-maker, the following provisions shall apply:

1.    Referral to Zoning Administrator and Planning Commission. At any point in the project review process the Director of Community Development may transfer original hearing jurisdiction to the Zoning Administrator and Planning Commission at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project.

2.    Referral to Planning Commission. At any point in the project review process the Zoning Administrator may transfer original hearing jurisdiction to the Planning Commission at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project.

3.    Referral to City Council. At any point in the project review process the Planning Commission may transfer original hearing jurisdiction to the City Council at its discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project.

4.    Consideration. The decision-maker being referred to may consider the approval, conditional approval, or denial of a permit, related amendments, and time extensions of permits.

5.    Noticed Public Hearing. When a permit is referred to a body, the referred permit shall be considered at a noticed public hearing.

6.    Final Action. Final action shall be taken by the decision-maker referred to.

7.    Referral Is Not An Appeal. A referral to another decision-maker is not an appeal and requires no appeal application fee.

8.    No Appeal Of Decision To Refer/Referral May Not Be Returned To The Referring Body. There shall be no appeal of a decision to refer an item to another decision-maker, and the item may not be returned to the referring body for final action.

D.    Permit Expiration. Construction or use shall commence within one (1) year of Permit approval, or the Permit shall lapse and become null and void. Commencement of construction or use means the actual construction or use pursuant to the permit approval, or demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Chapter.

E.    Time Extension. The Director of Community Development may, upon the Applicant’s written request for an extension of approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed 12 months. The Director of Community Development may grant a maximum of two extensions of approval, and additional extensions may be granted by the original decision maker. Rev. Ord. 1-19 (January 2019)

F.    Permit To Run With The Land. A Permit granted pursuant to the provisions of this Title shall run with the land and shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the Permit application.

G.    Development Of Building Site. The development of a building site, including but not limited to construction of structures and improvements, and grading, shall comply with any applicable Permit approval(s) including but not limited to approved plans and details, and any conditions of approval; and shall comply with the requirements of this Title.

H.    Effective Date. Ministerial actions are not appealable and are effective immediately. Discretionary actions are appealable and are effective ten (10) days after approval.

I.    Revocation. Where a permit is to be revoked, the following provisions shall apply:

1.    Consideration. The decision-maker or body which approved the permit may consider the revocation of the permit.

2.    Noticed Public Hearing. The decision to revoke a Permit granted pursuant to the provisions of this Title shall be considered at a noticed public hearing. The Public Notice shall be given as required by Chapter 8.132, Notice and Hearings.

3.    Findings. A decision to revoke a Permit may be made if any one of the following findings can be made:

a.    That the circumstances since the permit was approved have changed so that one or more of the findings required for the particular permit can no longer be made.

b.    That the permit was obtained by misrepresentation or fraud.

c.    That the use or project for which the Permit was granted had ceased or was suspended for 12 or more consecutive calendar months.

d.    That one or more of the conditions of the permit have not been met.

e.    That the use or project is in violation of any statute, ordinance, law, or regulation.

f.    That the use or project permitted by the permit is detrimental to the public health, safety or welfare or constitutes a nuisance.

J.    Violation. Once a permit is effective, any and all of the conditions specified in the approval shall become operative and the violation of any of them shall constitute a violation of this Chapter.

K.    Effect Of Denial. Upon denial of a Permit, and if the decision is not reversed through appeal pursuant to Chapter 8.136, Appeals, no further application for a permit for the same use on the same property shall be filed for a period of one year from the date of denial, except where the original decision-maker or body which denied the permit gives permission for such filing or if the Permit was denied without prejudice. Permission to re-file shall be granted only if the applicant can show a substantial change of circumstances or conditions from those existing at the time of such previous denial. A re-filed application shall be processed in the same manner as a new application.