Chapter 23.18
IMPLEMENTATION, TIME LIMITS AND EXTENSIONS
Sections:
23.18.040 Permit to run with land.
23.18.050 Permit on site during construction.
23.18.010 Effective date.
Generally, the action to approve, conditionally approve, or deny a permit authorized by this title shall be effective on the eleventh (11th) day after the date of action, immediately following expiration of the ten (10) day appeal period. Legislative actions by the City Council (zoning amendment, General Plan amendment, specific plans, development agreements) become effective thirty (30) days from the date of final action and may not be appealed. In accordance with the California Civil Code and EGMC Section 23.12.030, Rules of interpretation, where the last of the specified number of days falls on a weekend or City holiday, the time limit of the appeal shall extend to the end of the next working day. Permit(s) shall not be issued until the effective date of required permit.
No application for a planning entitlement that has been denied shall be resubmitted within one (1) year from the date of final action, unless modified to address the basis for denial or when there is new evidence of proof of changed conditions found to be valid by the Planning Commission. [Ord. 8-2011 §9(A), eff. 6-24-2011]
23.18.020 Permit time limits.
A. Except as otherwise provided in this title or EGMC Title 22, any administrative and quasi-judicial permit or approval, including but not limited to conditional use permits (all types), minor deviations, variances, and design reviews (all types) not exercised within three (3) years from the date of final approval shall expire and become null and void.
B. Notwithstanding subsection (A) of this section, any administrative and quasi-judicial permit, including but not limited to conditional use permits (all types), minor deviations, variances, and design reviews (all types) approved but not yet fully exercised as of November 28, 2021, shall be valid for a period of four (4) years from the date of final approval, and shall thereafter expire and become null and void if not exercised within that four (4) year period. [Ord. 21-2020 §3, eff. 1-8-2021; Ord. 3-2018 §3 (Exh. C), eff. 4-13-2018; Ord. 26-2006 §3, eff. 8-11-2006]
23.18.030 Exercising permits.
The exercise of a permit occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permit(s). Such exercise of a permit constitutes the vested right to complete the work authorized by the permit. A permit may be otherwise exercised by a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitute exercise of the permit. Finally, unless otherwise provided, permits that have not been exercised prior to a zoning amendment which makes the approved use or structure of the permit nonconforming shall automatically be deemed invalid on the effective date of the zoning amendment. [Ord. 26-2006 §3, eff. 8-11-2006]
23.18.040 Permit to run with land.
Unless otherwise conditioned, land use and development permits and approvals granted pursuant to the provisions of this chapter shall be transferable upon a change of ownership of the site, business, service, use or structures; provided, that the use and conditions of the original permit or approval are fully complied with, and the project is not modified or enlarged/expanded. [Ord. 26-2006 §3, eff. 8-11-2006]
23.18.050 Permit on site during construction.
A copy of all land use and development permits (including all corresponding stamped-approved plans) authorizing construction shall be kept on site at all times during construction. [Ord. 26-2006 §3, eff. 8-11-2006]
23.18.060 Permit extension.
A. Any administrative or quasi-judicial permit or entitlement provided for in this title is eligible for an extension of time, provided the application for such extension is submitted at least thirty (30) days prior to the expiration of the original approval. The Zoning Administrator shall be the approval authority for such extensions. Upon a timely filing of an application for an extension of time, the permit or entitlement shall automatically be extended until the application for the extension is approved, conditionally approved, or denied. If, however, the permit or entitlement extension has not been brought forward for review by the Zoning Administrator or higher approving authority within one hundred eighty (180) days of application for the extension, the permit or entitlement will be deemed expired. After the expiration of a permit or entitlement, the applicant will be required to reapply and pay the applicable fee(s) should they desire to move forward with their project. No grading permit, improvement plan, or building permit may be approved during the period between the expiration date of the original permit or entitlement and the approval of the extension of time. An extension of time may not be granted for more than thirty-six (36) months, but may be granted for a lesser time at the sole discretion of the Zoning Administrator. The permit or entitlement, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit or entitlement was initially approved and any other conditions deemed appropriate by the approving authority. The extension may be granted only when the Zoning Administrator finds that the original permit or entitlement findings can be made and that there is no change of circumstance or that there has been diligent pursuit to exercise the permit that warrants such extension.
B. As provided in EGMC Section 22.20.095, any entitlement, development permit, or other approval that would expire pursuant to this title or Title 22 of this code, but that was approved concurrently with and pertains to any approved tentative subdivision or parcel map, the expiration date of which was automatically extended by the provisions of Sections 66452.11 and 66452.13 of the Government Code, or by the provisions of any other similar section that may periodically be added to the Government Code, or was extended by action of the Zoning Administrator, shall be extended for the same period as that provided by said section for the approved tentative subdivision or parcel map to which it pertains. [Ord. 3-2018 §3 (Exh. C), eff. 4-13-2018; Ord. 26-2006 §3, eff. 8-11-2006]