Chapter 18.76
Permit Implementation, Time Limits, and Extensions
Sections:
18.76.020 Effective Date of Permits
18.76.040 Applications Deemed Approved
18.76.050 Permits to Run with the Land
18.76.060 Performance Guarantees
18.76.070 Time Limits and Extensions
18.76.080 Changes to an Approved Project
18.76.100 Covenants of Easements
18.76.010 - Purpose of Chapter
This Chapter provides requirements for the implementation or “exercising” of the permits required by this Development Code, including time limits and procedures for granting extensions of time.
(Ord. 930, § 2, passed 06-12-2017)
18.76.020 - Effective Date of Permits
The approval of a planning permit shall become effective on the eleventh day following the date of application approval by the appropriate review authority, where no appeal of the review authority’s action has been filed in compliance with Chapter 18.92 (Appeals).
(Ord. 930, § 2, passed 06-12-2017)
18.76.040 - Applications Deemed Approved
A planning permit application for a parcel that is deemed approved by operation of law in compliance with State law (Government Code Section 65956) shall be subject to all applicable provisions of this Development Code, which shall be satisfied by the applicant before a Building Permit is issued or a land use not requiring a Building Permit is established.
(Ord. 930, § 2, passed 06-12-2017)
18.76.050 - Permits to Run with the Land
An Administrative Variance, Design Review, Minor Use Permit, Planned Development Permit, Use Permit, or Variance approval that is granted in compliance with Chapter 18.71 (Permit Review and Decisions) shall be deemed to run with the land through any change of ownership of the subject site, from the effective date of the permit, except in any case where a permit expires and becomes void in compliance with § 18.76.070 (Time Limits and Extensions). All applicable conditions of approval shall continue to apply after a change in property ownership.
(Ord. 930, § 2, passed 06-12-2017)
18.76.060 - Performance Guarantees
A. Deposit of security.
1. As a condition of approval of an Administrative Variance, Design Review, Minor Use Permit, Use Permit, or Variance, upon a finding that the City’s health, safety, and welfare warrant, the review authority may require the execution of a covenant to deposit security, and the deposit of security in a reasonable amount to ensure the faithful performance of 1 or more of the conditions of approval of the Administrative Variance, Design Review, Minor Use Permit, Use Permit, or Variance in the event that the obligor fails to perform.
2. The security shall, as required by law or otherwise at the option of the City, be in the form of cash, a certified or cashier’s check, or a performance bond executed by the applicant and a corporate surety authorized to do business in California and approved by the City.
3. The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Director of Public Works in conjunction with the Director.
Any security required in compliance with this Section shall be payable to the City.
B. Release of security. Upon satisfactory compliance with all applicable provisions of this Section, the security deposit shall be released.
C. Failure to comply.
1. Upon failure to perform any secured condition, the City may perform the condition, or cause it to be done, and may collect from the obligor, and surety in case of a bond, all costs incurred, including administrative, engineering, legal, and inspection costs.
2. Any unused portion of the security shall be refunded to the obligor after deduction of the cost of the work.
3. To the extent that the Director can demonstrate that the obligor willfully breached an obligation in a manner that the obligor knew, or should have known, would create irreparable harm to the City, the entire amount of the bond or deposit may be withheld.
4. The Director’s determination may be appealed to the Council by the obligor by filing an appeal with the City Clerk within 10 days after the decision to withhold the bond, in compliance with Chapter 18.92 (Appeals).
(Ord. 930, § 2, passed 06-12-2017)
18.76.070 - Time Limits and Extensions
A. Time limits.
1. Unless a condition of approval or other provision of this Development Code establishes a different time limit, any permit or approval not exercised within 24 months of approval shall expire and become void, except where an extension of time is approved in compliance with Subsection (B) of this Section.
2. The permit shall not be deemed “exercised” until the permittee has substantially commenced the approved activity or has actually commenced the allowed use on the site in compliance with the conditions of approval.
3. After it has been exercised, a planning permit shall remain valid and run with the land in compliance with § 18.76.050 (Permits to Run with the Land), as long as a Building Permit is active for the project, and after a final building inspection or certificate of occupancy has been granted.
4. If a project is to be developed in approved phases, each subsequent phase shall be exercised within 24 months from the date that the previous phase was exercised, unless otherwise specified in the permit, or the permit shall expire and become void, except where an extension of time is approved in compliance with Subsection (B) of this Section. If the project also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised before the expiration of the tentative map, or the permit shall expire and become void.
B. Extensions of time. Upon written request by the applicant, the Director may extend the time for an approved planning permit to be exercised.
1. Filing and review of request.
a. Time for filing. The applicant shall file a written request for an extension of time with the Director before the expiration of the permit, together with the filing fee required by the City’s Fee Schedule.
b. Evidence to be provided. The Director shall determine whether the applicant has made a good faith effort to exercise the permit. The burden of proof is on the applicant to establish, with substantial evidence, that circumstances beyond the control of the applicant (e.g., demonstrated problems with completing the acquisition of the parcel, poor weather during periods of planned construction, etc.) have prevented exercising the permit.
c. Public hearing. If the original approval required a public hearing, the Director shall hold a public hearing on a proposed extension of time, after providing notice of the public hearing in compliance with Chapter 18.96 (Public Hearings).
2. Action on extension request. A permit may be extended as follows for no more than 2 additional 12-month periods beyond the expiration of the original approval, provided the Director first finds that there have been no changes in the conditions or circumstances of the site or project so that there would have been grounds for disapproval of the original project.
a. Director’s action. Upon good cause shown, the first 12-month extension may be approved, approved with modifications, or disapproved by the Director, whose decisions may be appealed to the Commission, in compliance with Chapter 18.92 (Appeals).
b. Commission action. One subsequent 12-month extension may be approved, approved with modifications, or disapproved by the Commission, whose decisions may be appealed to the Council in compliance with Chapter 18.92 (Appeals).
C. Effect of expiration. After the expiration of a planning permit in compliance with Subsection (A)(1) of this Section, no further work shall be done on the site until a new planning permit and any required Building Permit or other City permits are first obtained.
(Ord. 930, § 2, passed 06-12-2017)
18.76.080 - Changes to an Approved Project
Development or a new land use authorized through a planning permit granted in compliance with this Development Code shall be established only as approved by the review authority, and in compliance with any conditions of approval, except where a change to the project is approved as follows:
A. Application. An applicant shall request a proposed change in writing, and shall also furnish appropriate supporting information and materials explaining the reasons for the request. A change may be requested either before or after construction, or establishment and operation of the approved land use.
B. Public hearing. If the original project approval required public notice and a hearing, public notice shall be provided, and the review authority shall conduct a public hearing on the requested changes in compliance with Chapter 18.96 (Public Hearings).
C. Changes approved by the Director.
1. The Director may authorize 1 or more changes to an approved site plan, architecture, or the nature of the approved land use where the Director first finds that the changes:
a. Are consistent with all applicable provisions of this Development Code;
b. Do not involve a feature of the project that was a basis for or subject of findings in a negative declaration or environmental impact report for the project;
c. Do not involve a feature of the project that was specifically addressed or was the subject of conditions of approval for the project or that was a specific consideration by the review authority (e.g., the Director, Commission, or Council) in the project approval; and
d. Do not result in an expansion of the land use.
2. The Director may choose to refer any requested change to the original review authority for review and final action.
D. Changes approved by original review authority. A proposed change that does not comply with the criteria in Subsection (C) of this Section shall only be approved by the original review authority for the project through a new permit application processed in compliance with this Development Code.
(Ord. 930, § 2, passed 06-12-2017)
18.76.090 - Resubmittal
A. Resubmittal after disapproval with prejudice.
1. The review authority may disapprove an application for a discretionary planning permit, or amendment, on the grounds that 2 or more similar applications for the same parcel have been disapproved in the past 2 years, or that another cause exists for limiting the re-filing of the application.
2. For a period of 12 months following the date of the disapproval with prejudice of a discretionary planning permit or amendment, no application for the same or substantially similar planning permit or amendment shall be filed for the same site, except where the Director determines that substantial new evidence or proof of changed circumstances warrants further consideration.
B. Resubmittal after disapproval without prejudice. There shall be no limitation on subsequent applications for a site where a project was disapproved without prejudice.
C. Director’s determination, appeal. The Director shall determine whether a new application is for a planning permit, or amendment that is the same or substantially similar to a previously approved or disapproved permit or amendment, and shall either process or reject the application in compliance with this Section. The Director’s determination may be appealed to the Commission, in compliance with Chapter 18.92 (Appeals).
(Ord. 930, § 2, passed 06-12-2017)
18.76.100 - Covenants of Easements
A. Applicability. When necessary to achieve the land use goals of the City, the City may require a property owner holding property in common ownership to execute and record a covenant of easement in favor of the City, in compliance with State law (Government Code Section 65870 et seq.). A covenant of easement may be:
1. Required to provide for emergency access, ingress and egress, landscaping, light and air access, open space, parking, or for solar access; and
2. Imposed as a condition of approval by the review authority.
B. Form of covenant. The form of the covenant shall be approved by the City Attorney, and the covenant of easement shall:
1. Describe the real property subject to the easement and the real property to be benefitted by the easement;
2. Identify the City approval or planning permit granted that relied on or required the covenant; and
3. Identify the purposes of the easement.
C. Recordation. A covenant of easement shall be recorded in the County Recorder’s office.
D. Effect of covenant. From and after the time of its recordation, a covenant of easement shall:
1. Act as an easement in compliance with Civil Code Section 801 et seq., except that it shall not merge into any other interest in the real property. Civil Code Section 1104 shall be applicable to the conveyance of the affected real property; and
2. Impart notice to all persons to the extent afforded by the recording laws of the State.
Upon recordation, the burdens of the covenant shall be binding on, and the covenant shall benefit all successors-in-interest to the real property.
E. Enforceability. A covenant of easement shall be enforceable by the successors-in-interest to the real property benefitted by the covenant, and the City. Nothing in this Section creates standing in any person, other than the City, and any owner of the real property burdened or benefitted by the covenant, to enforce or to challenge the covenant or any requested amendment or release.
F. Release of covenant. A covenant of easement may be released by the Director, or by another appropriate review authority in the event of an appeal, at the request of any person, including the City, or an affected property owner.
1. Process for release. The release of a covenant of easement shall require that the review authority first:
a. Conduct a noticed public hearing in compliance with Chapter 18.96 (Public Hearings); and
b. Find that the covenant on the site is no longer necessary to achieve the land use goals of the City.
2. Recordation. A notice of the release of the covenant of easement shall be recorded by the Director in the County Recorder’s office.
3. Fees. The applicant for a release of a covenant of easement shall pay the fee for the processing of the release established by the City’s Fee Schedule.
(Ord. 930, § 2, passed 06-12-2017)