Chapter 17.18
IMPLEMENTATION, TIME LIMITS AND EXTENSIONS
Sections:
17.18.040 Permit To Run With Land
17.18.050 Permit On Site During Construction
17.18.010 Effective Date:
Generally, the action to approve, conditionally approve, or deny a permit authorized by this title shall be effective on the eleventh 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, and development agreements) become effective thirty (30) days from the date of final action and may not be appealed. In accordance with section 17.12.030, "Rules Of Interpretation", of this title 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 a required permit. No application for a variance, conditional use permit, or change in the district boundaries which has been denied shall be resubmitted within one year from the date of the action to deny, except on the grounds of new evidence of proof of changed conditions found to be valid by the planning commission. (Ord. 473 §3, 2007)
17.18.020 Permit Time Limits:
Unless conditions of approval or other provisions of this title establish a different time limit, any permit or approval not exercised within three (3) years from the date of final approval shall expire and become null and void. (Ord. 473 §3, 2007)
17.18.030 Exercisina 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 constitutes 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. 473 §3, 2007)
17.18.040 Permit To Run With Land:
Unless otherwise conditioned, land use and development permits and approvals granted pursuant to the provisions of this title 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. 473 §3, 2007)
17.18.050 Permit On Site During Construction:
A legible and complete copy of all land use and development permits (including legible and complete copies of all corresponding documents on which the permits are based, e.g., stamped approved and wet signed plans, specifications, project manual, and manufacturers’ installation instructions) authorizing construction shall be kept on site at all times during construction. (Ord. 473 §3, 2007)
17.18.060 Permit Extension:
The same approving authority that granted the original permit may extend the period within which the exercise of a permit must occur. An application for extension shall be filed not less than thirty (30) days prior to the expiration date of the permit, along with appropriate fees and necessary submittal materials listed in this title. The approval of an extension extends the expiration date for one year from the original permit expiration date. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved. The extension may be granted only when the designated approving authority finds that the original permit findings can be made and that there are changing circumstances or that there has been diligent pursuit to exercise the permit that warrants such extension. (Ord. 473 §3, 2007)