Chapter 17.72
ADMINISTRATION AND ENFORCEMENT
Sections:
17.72.010 Application – Processing procedures – Fees.
17.72.020 Public facilities fees.
17.72.030 Public hearing and notice requirements.
17.72.040 Notice of decision – Director.
17.72.050 Notice of decision – Council.
17.72.090 Reserved.
17.72.100 Assignment of permits.
17.72.110 Lapse of approval and extensions.
17.72.120 Enforcement and penalties.
17.72.130 Revocation of permits.
17.72.010 Application – Processing procedures – Fees.
A. Complete Applications. Application for permits, permit modifications, variances, amendments, and other matters pertaining to this title shall be filed with the department of community development on a form prescribed by the director, together with all fees, plans, maps, and any other information required by the permit provisions of this title or the director. The application shall be made by the owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this title, or the agent(s) of such persons. All required materials, information and fees as required by the director shall be provided by the applicant before the application is accepted for processing.
B. Application Fees. The council shall, by resolution, establish a schedule of fees for permits, amendments and other matters pertaining to this title. The schedule of fees may be changed or modified only by resolution of the council. Until all applicable fees have been paid in full, review shall not commence on any application. The city is not required to continue processing any application unless its fees are paid in full. Failure to pay the applicable fees is grounds for denial of the application.
C. Posted Notice of Pending Application. The director or authorized representative shall provide the applicant with a laminated notice of the pending application, to include a brief description of the project, the permit(s) applied for, general plan designation, zone, and directions for obtaining additional information. The notice shall be securely posted in a highly visible location on the project site within five days of acceptance of a complete application, and maintained in place until a final decision on the application has been made and all appeal periods have expired or until the application is withdrawn. Any error or failure in the on-site posted notice shall not require renotification unless such a determination is made by the planning director or city council.
D. Multiple Permit Applications. An applicant for a development project which would require the filing of more than one land use permit application may file all related permits concurrently and pay appropriate fees. Development applications requiring more than one permit shall constitute one project. Wherever possible such projects shall be processed concurrently and scheduled for public hearing by the highest applicable level of review authority; provided the findings for each permit shall be considered individually.
E. Pre-Application Conference. A prospective applicant or agent may request a pre-application conference with the department of community development prior to formal submittal of a single permit application. Development projects involving multiple permit applications shall require a pre-application conference. This conference should take place prior to any substantial investment (i.e., land acquisition, site, engineering and construction plans) in the preparation of the proposed development project application. During the conference, the department representatives shall inform the applicant of the applicable policies, plans, and requirements as they apply to the proposed development project, review the appropriate procedures outlined in this title, and examine possible alternatives or modifications relating to the proposed project.
F. Closure of Inactive Project Files.
1. The community development director shall close a case file and deem a project file withdrawn in all cases where a project file is inactive for a period of five months and the applicant has failed to submit all previously requested information and/or action required, including, but not limited to, the following instances:
a. If information is requested by the project planner in writing within the first 30 days after the project application is submitted, and the information has not been submitted to the project planner or the action has not occurred within five months of the original notification;
b. If information is requested by a formal motion of the city council or the view assessment committee and the information has not been submitted to the project planner by the applicant within five months from the date of the original action by the city council or view assessment committee, or the applicant has not requested a hearing on the project within five months from the date of the original action of either of those bodies;
c. If, five months after written notification requesting supplemental information and/or action(s) subsequent to the initial review or as changed circumstances require, the applicant has failed to submit all requested materials and/or perform all required action(s) within the requisite time period.
2. The community development director will send a notification after five months have passed indicating that 30 days from the date of this notification, the project file will be closed and deemed withdrawn unless the project file is brought to a complete status within that 30-day time period.
3. Files that are deemed withdrawn will be considered to be actions without prejudice, thereby enabling an immediate re-application for a project of the same or similar nature by any applicant.
4. The re-application shall be subject to all current fees and codes.
5. The community development director’s action may be appealed to the city council according to the procedures found in SBMC 17.72.070 (Appeals).
6. Definitions. The following terms as used in this section are defined as follows:
a. “Inactive project files” means project files under which no submittals of all requested materials and/or actions from the applicant have occurred within the preceding five months.
b. “Required action(s)” may include, but are not limited to, plans, tasks, inspections, reports, surveys, studies, verifications, and follow-up as requested of an applicant.
c. Complete Status. A project file is considered in “complete status” when all requested materials and/or required actions have been submitted and/or completed within the allocated time frame, including but not limited to, adequate information that is needed by staff to determine complete and full compliance of the project with all applicable regulations.
d. “Changed circumstances” means project and/or site-specific changes that materially alter the condition under which new and/or revised submittals are required. (Ord. 397, 2009; Ord. 396, 2009; Ord. 400, 2008; Ord. 185 § 2, 1993)
17.72.020 Public facilities fees.
A. A public facilities fee is hereby established to pay for improvements related to new development within the city and are not otherwise financed by any fee, charge or tax on development, or are not installed by a developer as a condition of a building permit, land use permit (pursuant to Chapter 17.68 SBMC), or subdivision or zoning approval.
B. The amount of the fee shall be set by city council resolution.
C. Before a land use permit is considered by the city council, the applicant shall execute an agreement to pay the public facilities fee. The fee shall be paid before issuance of building permits for the project. (Ord. 185 § 2, 1993)
17.72.030 Public hearing and notice requirements.
A. Actions Requiring Hearing. A public hearing shall be held prior to action by the city council or planning director, as appropriate, in any of the following cases:
1. Any change in the text of this title and/or general plan;
2. Any change in the zoning map;
3. Any specific plan;
4. As specifically required by state law;
5. As specifically prescribed by this title;
6. As determined necessary or desirable by the city council upon the adoption of a resolution setting the time and place for a public hearing.
B. Planning Director Public Hearings. The same notice procedures prescribed for city council public hearings shall apply to planning director public hearings, unless more specific procedures are prescribed in the appropriate section of this title.
C. Authority to Notice Hearings. The planning director is hereby authorized to advertise and to notice a planning director public hearing, and the city clerk is hereby authorized to advertise and to notice a city council public hearing, when required by this title or when such hearing is considered desirable or necessary in order to carry out the purposes of this title.
D. Notice Procedures. The director shall cause notice of the nature of the request, location of the property (text or diagram), the date, time and place of the public hearing, to be given in the following manner:
1. Notice of public hearing shall be mailed to the owner of the property and the applicant or his authorized agent at least 10 days prior to the hearing.
2. a. General Plan Amendments. Notwithstanding anything in Sections 65090, 65091, 65353 or 65355 of the Government Code to the contrary, if a proposed general plan amendment would affect the permitted uses or intensity of uses of one or more parcels of real property, mailed notice of the public hearing shall be given to the owner (as identified pursuant to Government Code Section 65091) of each parcel of real property located within one-half mile of the real property which is the subject of the proposed change. Notices may be mailed to the management company of the time shares in lieu of direct mailing to each time share owner.
b. All Other Public Hearings. Notice of the public hearing shall be mailed at least 10 days prior to the public hearing, to all property owners within 300 feet of the subject property as well as to any other property owners previously noticed or determined by the city council to be affected by the proposal.
3. Notification pursuant to subsection (D)(2) of this section must include at least 25 property owners. If fewer than 25 property owners are within 300 feet, then the notification distance shall be increased by increments of 100 feet until at least 25 property owners have been notified.
4. Notice of the public hearing shall be provided in accordance with state law, which may include, but not be limited to, posting in a newspaper of general circulation in the city of Solana Beach at least 10 days prior to the hearing or posting in at least three public places in the city of Solana Beach at least 10 days prior to the hearing.
5. If the reviewing body determines a substantial error in any of these procedures occurs, the public hearing shall be continued to a future meeting and renotification shall take place. The failure of any person or entity to receive notice given pursuant to this section shall not constitute grounds for any court to invalidate the actions for which the notice was given.
E. Other Notice Requirements of the Solana Beach Municipal Code. Notices required by this section shall be in addition to any other or different notice required by other provisions of the Solana Beach Municipal Code or by state law; provided, however, that nothing therein shall require separate notices to be given if the same notice will satisfy the requirements of this section and any other applicable section of this code or state law.
F. Continuance of Hearings. Any public hearing may be continued from time to time by the body or official conducting the hearing; provided, that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place to which said hearing will be continued. The city council may require additional notice of such hearing be given as the city council deems appropriate. (Ord. 429 § 1, 2011; Ord. 228 §§ 2, 3, 4, 1997; Ord. 185 § 2, 1993)
17.72.040 Notice of decision – Director.
The director of community development shall announce and record his/her decision at the conclusion of each public hearing. The decision shall set forth the findings of the director together with all required conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the community. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application. The date of final decision shall be the date of the public hearing at which the decision of the director is announced in accordance with this section. If the decision is to approve a permit or other application, the date of final decision shall be the date of approval. (Ord. 415 § 1, 2010; Ord. 185 § 2, 1993)
17.72.050 Notice of decision – Council.
The city council shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the council together with all required conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the community.
Following the hearing, a notice of the decision and any conditions of approval shall be mailed by the city clerk to the applicant at the address shown upon the application. The decision of the council shall be final. The date of final decision shall be the date of the public hearing at which the decision of the city council is announced in accordance with this section. If the decision is to approve a permit or other application, the date of final decision shall be the date of approval. (Ord. 415 § 2, 2010; Ord. 185 § 2, 1993)
17.72.055 Director referral.
The director may refer matters under his review authority directly to the city council for their consideration. Such referrals may occur if the director identifies substantial community interest, or identifies that a substantial policy interest is raised by the request. In such instances, the application shall be treated as if the city council was the original hearing authority. (Ord. 185 § 2, 1993)
17.72.060 Effective date.
Unless otherwise specified in this title, director-approved permits, including conditional use permits under SBMC 17.68.010, variances under SBMC 17.68.020, minor exceptions under SBMC 17.68.030 and administrative decisions, shall become effective upon the date of final decision, unless appealed in accordance with SBMC 17.72.070. Variances, conditional use permits, development review permits, specific plans, general plan amendments, and all other permits or applications, including appeals, requiring city council approval shall become effective upon the date of the final decision of the city council. Zoning code amendments shall become effective 30 days following adoption of the ordinance by the city council unless adopted as an urgency measure of the city council. Nothing in this section shall extend the date of final decision as provided for in SBMC 17.72.040 and 17.72.050. (Ord. 415 § 3, 2010; Ord. 185 § 2, 1993)
17.72.070 Appeals.
Any determination or action of the director may be appealed to the city council in the manner described below:
A. Filing of Appeals. All appeals shall be submitted to the department of community development on a city application form, and shall specifically state the basis of the appeal. An appeal of a director action shall be filed with the department within 15 days following the date of final decision for which an appeal is made. Appeals shall be accompanied by a filing fee as specified in SBMC 17.72.010 (Application – Processing procedures – Fees).
B. Notice of Appeal Hearings. Notice of an appeal hearing shall conform to the manner in which the original notice was given. The appellant shall be responsible for all noticing materials required in the original application.
C. Effective Date of Appealed Actions. An action of the director appealed to the city council shall not become final unless and until upheld by the council. (Ord. 415 § 4, 2010; Ord. 185 § 2, 1993)
17.72.080 Re-application.
When an application for a permit or amendment is denied, no application for the same or substantially same permit or amendment shall be filed, in whole or in part, for the ensuing 12 months unless a motion to allow the project to be brought back within a shorter time frame was approved by the reviewing body during initial project consideration. For projects in which no shorter re-application period was granted, the director shall determine whether the new application is for a permit or amendment which is the same or substantially the same as a previously denied permit or amendment. A determination of the director under this section shall be effective on the date of the written notice of decision. (Ord. 415 § 5, 2010; Ord. 185 § 2, 1993)
17.72.090 (This section reserved for future ordinance).
17.72.100 Assignment of permits.
Unless otherwise specified in this title, any permit or other approval shall run with the land and shall continue to be valid upon a change of ownership of the site or structure to which it applies. The city council may specify that approvals for conditional use permits run with the applicant, owner and/or operator. (Ord. 185 § 2, 1993)
17.72.110 Lapse of approval and extensions.
A. Lapse of Approvals. Unless otherwise specified in this title, approvals for development review permits, structure development permits, conditional use permits, variances, and minor exceptions shall lapse (i.e., expire) and become void 24 months after the date of the approval, unless a different expiration date is specifically established as a condition of the approval or unless the following action occurs:
1. A building permit is issued in accordance with the approval.
B. Extensions. An extension may be issued prior to the lapse (i.e., expiration) of any approval described in subsection A of this section. There is not an absolute right to receive an extension. Approvals originally granted by the director of community development (the “director”) may be extended by the director. Approvals granted by the view assessment committee may only be extended by the city council. Approvals by the city council may only be extended by the city council.
1. One or more (but not more than a total of four) extensions may be granted not exceeding a cumulative total of 24 months after the date the original approval of the project expires. The duration of an extension shall be in an increment of 30 days. The minimum duration of an extension shall be six months. The maximum duration of an extension shall not be more than 12 months. The duration of an extension shall be determined at the discretion of the issuing authority.
2. All applications for extensions shall be filed with the director at least 60 days prior to the expiration date of the approval. Concurrent with the filing of an application for an extension, the applicant shall submit payment of applicable fees and deliver to the director the documents and information required from time-to-time by the city to provide notice of the application to the owners of all properties within a 300 foot radius from the project. An additional 15 days may be provided by the director for supporting documents and information as needed to deem the application complete.
3. An application for an extension shall include the following information and other information reasonably requested by the director or city council:
a. A detailed factual description and explanation of the reasons why a building permit was not issued prior to the expiration of the original approval or preceding extension and the specific reason(s) the extension is necessary; the applicant’s request for a specific time period for the extension;
b. A detailed description of the actions that will be taken during the specific requested extension period that justify the requested time period of the extension and that will result in the timely issuance of a building permit for the project before the extension expires; and
c. A detailed timeline for the actions that will be taken during the requested extension period.
C. The director or city council may issue an extension of the approval of a project in their discretion if they make all of the following findings:
1. The applicant has presented facts which establish that the applicant has timely and diligently pursued issuance of a building permit during the 24 month period following the issuance of the original approval for the project (or the different period set forth as a condition of approval of the project) or during the then current extension period;
2. Circumstances beyond the applicant’s control have intervened and prevented the applicant from obtaining the issuance of a building permit for the project prior to expiration of the 24 month period (or the expiration date established as a condition of the approval) or during the then current extension period;
3. The application for the extension sets forth a reasonable and substantial factual basis for issuance of the extension;
4. There is a substantial factual basis to determine that the applicant will be able to perform the actions necessary to obtain issuance of a building permit prior to expiration of the requested extension;
5. The duration of the extension requested by the applicant is not longer than is reasonably necessary to perform the actions necessary to obtain the issuance of a building permit;
6. There have not been any significant changes in the general plan, applicable specific plan, if any, zoning, or character of the area within which the project is located that would cause the approved project to become inconsistent, incompatible, or nonconforming therewith; and
7. The granting of an extension shall not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
D. If a completed application for an extension is properly filed with the director prior to the date the approval will lapse (i.e., expire) and legal advertising/scheduling constraints preclude the city from acting on the request prior to the expiration date, the city will take action on the extension request as expeditiously as possible. The applicant’s filing of an application for the extension will toll the expiration of the approval as of the date the application is filed with the city. The application for the extension will remain in effect while pending action by the city on the request, and the issuance of an extension will relate back to the date the application for the extension was filed. While the application for an extension is pending the city will not process any related building or grading plans for the project that is the subject of the approval for which an application for extension has been submitted.
E. None of the provisions of this section shall apply to city or city-sponsored projects. (Ord. 491 § 3, 2018; Ord. 407 § 2, 2009; Ord. 185 § 2, 1993)
17.72.120 Enforcement and penalties.
A. Purpose. It is the intent of the city council in the adoption of this section to specify its concerns and responsibilities regarding developments or actions contrary to the purpose, intent and established regulations of this title. This title serves to implement the general plan which, concurrent with these zoning regulations and title, expresses the concerns of the citizens for the vision of place and community of Solana Beach.
In order to progress to and maintain that vision, it is the city council’s determination to vigorously enforce this title consistent with the procedures contained in Chapter 1.16 SBMC pertaining to general penalties.
Actions that may be taken against violators of this title include requiring restoration of property to its original condition to include removal of structures, fines, and possible imprisonment as may be determined necessary through any judicial proceedings.
Therefore, the enforcement of the provisions of this title shall be diligently pursued in order to provide for their effective administration, to ensure compliance with any conditions of approval, to promote the city’s planning efforts and for the protection of the public health, safety, and welfare of the city.
B. Responsibility. The department of community development shall be responsible for enforcing the conditions and standards imposed on all permits granted by the city and permitted under this title. Any structure or use which is established, operated, erected, moved, altered, enlarged, or maintained, contrary to the provisions of this title, is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties set forth in Chapter 1.16 SBMC in addition to all applicable revocation procedures. (Ord. 185 § 2, 1993)
17.72.130 Revocation of permits.
A. The council may hold a hearing to revoke or modify any permit or variance granted pursuant to the provisions of Chapter 17.68 SBMC (Permits and Variances). Ten days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such permit was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the county of San Diego, and/or the project applicant.
B. A permit may be revoked or modified by the council if any of the following findings can be made:
1. That circumstances have changed so that one or more of the findings contained in Chapter 17.68 SBMC (Permits and Variances) can no longer be made;
2. That the permit was obtained by misrepresentation or fraud;
3. That the use for which the permit was granted had ceased or was suspended for 180 or more consecutive calendar days;
4. That one or more of the conditions of the permit have not been met;
5. That the use is in violation of any statute, ordinance, law, or regulation; or
6. That the use permitted by the permit is detrimental to the public health, safety, or welfare or constitutes a nuisance. (Ord. 185 § 2, 1993)