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Any approved permit/entitlement shall be exercised before its expiration. The permit/entitlement shall not be deemed exercised until the permittee has actually obtained a building permit and continuous on-site construction activity including pouring of foundations, installation of utilities, or other similar substantial improvements has commenced and diligently continued without stopping for more than one hundred eighty (180) days, or has actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval.
(Ord. 182 § 2 (part), 1997)
A. Projects Not Subject to the Subdivision Map Act. Unless otherwise specified, all permits, entitlements, licenses and approvals for projects not subject to the subdivision map act shall comply with the following provisions:
1. Commencement. To ensure continued compliance with the provisions of this development code, the permit/entitlement shall be exercised within three years from the date of approval, or the permit/entitlement shall expire and be deemed void, unless an extension is approved by the original review authority, in compliance with Section 16.80.060, below. Additionally, if after construction commencement work is discontinued for a minimum period of one hundred eighty (180) days, the permit/entitlement shall expire and be deemed void. If the application for the permit/entitlement also involves the approval of a tentative map, the date of construction commencement shall be consistent with the tentative map and the permit/entitlement shall be exercised before the expiration of the companion tentative map.
2. Phasing.
a. Two or More Phases. Subsequent to project approval, if phasing is requested, a phasing plan application shall be submitted and approved for the phasing plan for the entire project site by the director.
b. Commencement for Each Phase. If a project is to be built in pre-approved phases, each subsequent phase shall have two years from the previous phase's date of construction commencement to the next phase's date of construction commencement to have occurred, unless otherwise specified in the permit/entitlement, or the permit/entitlement shall expire and be deemed void. If the application for the permit/entitlement also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit/entitlement shall be exercised before the expiration of the companion tentative map.
B. Repealed by Ordinance 293.
C. Permit, Entitlement, or Map Deemed Void. Where the permit, entitlement, or map has expired and/or has been deemed void:
1. No Further Action. No further action is required by the city;
2. No Further Reliance. No further reliance may be placed on the previously approved permit, entitlement, or map;
3. No Rights. The applicant shall have no rights previously granted under the permit, entitlement, or map;
4. New Application(s) Required. The applicant shall file a new application(s) and obtain all required approvals before construction can commence or an allowable use may be implemented; and
5. Security. Any security provided by the applicant under the previously approved permit, entitlement, or map may be utilized by the city to provide suitable protection from any harm that may result from the terminated development.
(Ord. 544 § 42, 2019; Ord. 538, Exhibit A (part), 2018; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
A. Extensions of Permit/Entitlement.
1. Written Request. The applicant shall file a written request for an extension of time, prior to the expiration of the permit/entitlement, together with the filing fee required by the council's fee resolution. The burden of proof is on the permittee to establish, with substantial evidence, why the permit/entitlement should be extended.
2. Notice on Extension. If the matter originally required a noticed public hearing, the director shall pro-vide notice, in compliance with Section 16.76.020 (Notice of Public Hearing).
3. Director's Decision on Extension. Upon good cause shown, the extension may be approved, approved with modifications, or disapproved by the director, whose decision may be appealed to the commission, in compliance with Chapter 16.78 (Appeals).
4. Time Limits on Extensions. The maximum number of years that a permit/entitlement may be extended may not exceed six years from the original expiration date of the permit/entitlement unless otherwise allowed by law. Each extension of time granted shall not exceed three years. For permits/entitlements approved and which have not expired prior to the adoption of this ordinance number 538-18, an additional extension may be granted provided the extension does not cause the permit/entitlement to exceed nine years from the original approval date of the permit/entitlement.
5. Circumstances Under Which Extension(s) May be Granted. An extension of the approval of a permit/entitlement may be granted only if the director finds that there have been no significant changes in the general plan, any applicable specific plan, development code, municipal code, or character of the area within which the subject property is located that would cause the approved permit/entitlement to be injurious to the public convenience, health, safety, or general welfare.
(Ord. 538, Exhibit A (part), 2018; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
A development or new land use authorized through approval of a land use entitlement permit shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project are approved in compliance with this section. Changes may be requested either before or after construction, or establishment and operation of the approved use.
A change under this section is a request for a determination of substantial conformance with an approved permit, in compliance with the following:
A. Applications. Applications for substantial conformance shall be filed in writing with the director, accompanied by the fee(s) established by the council's fee resolution, and shall include the following:
1. All information identified in this development code for the filing of a new application for the permit sought to be modified, unless the requirement is waived by the director;
2. A statement explaining the proposed modification(s) and the reason the modification(s) has been requested; and
3. Additional information required by the director.
B. Substantial Conformance to an Approved Permit. A substantial conformance is a request for a minor modification to an approved permit that does not substantially change the original approval or the effect of the permit on surrounding property. A substantial conformance is limited to the following:
1. Changes to conditions(s) of approval that do not circumvent the purpose and intent of the original condition(s).
2. Minor modifications to architectural features, colors, materials, or structural alterations that do not change the basic architectural concept.
3. Minor modifications to site plans, landscaping plans, lighting plans, that do not change the basic concept of the plans, including:
a. Reorientation of buildings;
b. Relocation, deletion, or addition of access driveways;
c. Modifications to on-site circulation that do not affect adjacent properties; and
d. Relocation, deletion, or addition of ancillary structures (e.g., trash enclosures, mechanical equipment or other similar structures).
4. Changes that are within the scope of a previously adopted negative declaration or environmental impact report in compliance with California Environmental Quality Act guidelines Section 15162.
5. Changes in use that the director determines are substantially the same in character and intensity as the original use, and are within the thresholds described above.
6. Other minor modifications, not identified above, that the director determines are similar to those de-scribed above.
C. Revised Permit. A revised permit is required when the change(s) does not meet or exceeds the thresholds/criteria described above.
D. Procedure.
1. Substantial Conformance. The director shall approve, or deny an application for a substantial conformance within forty-five (45) days after accepting a completed application and give notice by mail of the decision, including any additional conditions of approval, to the applicant and any other person(s) who has filed a written required for notice. The director's determination shall be based upon the standards of this section and those standards identified in this development code for the approval of the original permit. An application for substantial conformance shall not require a public hearing.
2. Revised Permit. An application for a revised permit shall be approved, conditionally approved, or disapproved in compliance with the procedures for processing the original permit, including any requirements for notice of hearing, public hearing, and all rights of appeal, in compliance with Chapter 16.78 (Appeals). A revised permit shall be subject to the development standards applicable to approval of the original permit.
E. Approval Period. The approval of an application for a substantial conformance or a revised permit shall be valid until the expiration of the original permit, unless an extension of time has been granted by the approved revised permit.
F. California Environmental Quality Act. An application for substantial conformance may be approved only if the proposed modification is exempt from the provisions of the California Environmental Quality Act (CEQA).
(Ord. 538, Exhibit A (part), 2018; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
A. Reapplication.
1. Disapproved with Prejudice.
a. An application or appeal may be disapproved with prejudice on the grounds that two or more similar applications have been disapproved in the past two years or, that another cause exists for limiting the refilling of the application.
b. If the disapproval becomes final, no further application for the same or substantially similar discretionary permit/entitlement for the same parcel shall be filed for a period of one year, except as otherwise specified at the time of disapproval.
c. The director shall determine whether the new application is for a discretionary permit/entitlement which is the same or substantially similar to the previously disapproved permit/entitlement.
2. Disapproved Without Prejudice. There shall be no limitation on refilling a project disapproved without prejudice.
B. Modification of Condition(s). No request for modifications of a condition of approval relating to any fee, exaction, or dedication of property imposed on a permit/entitlement shall be accepted after the final decision on the permit/entitlement unless accompanied by a significant change in the size or intensity of the proposed project.
(Ord. 182 § 2 (part), 1997)
A. Covenant May be Required. When necessary to achieve the land use goals of the city, the city may require a property owner(s) holding property in common ownership to execute and record a covenant of easement in favor of the city and providing for parking access. ingress, egress, emergency access. drainage, light and air access, landscaping, utilities, or for open space. The covenant may be imposed as a condition of approval by the director, commission, or council, in compliance with state law (Government Code Section 65870).
B. Form of Covenant. The covenant of easement shall describe the real property to be subject to the easement and the real property to be benefitted by the easement. The covenant shall also identify the approval or permit/entitlement granted which relied on or required the covenant. The form of the covenant shall be approved by the city attorney. The plat and legal description shall be prepared by a California registered civil engineer or land surveyor.
C. Effect of Covenant. The covenant shall be effective when recorded and shall act as an easement in compliance with state law (Chapter 3 [commencing with Section 801] of Title 2 of Part 2 of Division 2 of the Civil Code), except that it shall not merge into any other interest in the real property. Section 1104 of the Civil Code shall be applicable to the conveyance of the affected real property.
D. Release of Covenant. The covenant may be released by the city, at the request of any person, including the city or an affected property owner and after a public hearing, on a determination that the restriction on the property is no longer necessary to achieve the land use goals of the city. The release may be effected by the review authority which originally imposed the requirement for the covenant. A notice of the release of the covenant shall be recorded by the city with the county recorder's office.
E. Fees. The city may impose fees to recover the city's reasonable cost of processing a request for a release. Fees for the processing shall be specified in the council's fee resolution.
(Ord. 182 § 2 (part). 1997)