Chapter 9.82
PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS
Sections:
9.82.020 Conformance to plans.
9.82.030 Effective date of permits.
9.82.040 Acknowledgment and acceptance of conditions.
9.82.060 Applications deemed approved.
9.82.070 Performance guarantees.
9.82.100 Changes to an approved project.
9.82.120 Covenants of easements.
9.82.010 Purpose of chapter.
This chapter provides requirements for the implementation or “exercising” of the permits or approvals identified in this Development Code, including time limits and procedures for granting extensions of time. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.82.020 Conformance to plans.
A. Compliance. All work performed under a building permit for which project drawings and plans have received approval by the Director, City staff, Commission, or Council shall be in compliance with the approved drawings and plans and any conditions of approval imposed by the review authority.
B. Changes. Changes to an approved project shall be submitted and processed in compliance with Section 9.82.100 (Changes to an approved project). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.82.030 Effective date of permits.
A. Permits/variances.
1. Home occupation permits, sidewalk use permits, and temporary use permits shall become effective immediately following the final date of approval.
2. An administrative use permit, conditional use permit, minor deviation, planned development permit, sign review permit, site plan review, or variance shall become effective on the day following the actual date the decision is rendered by the applicable review authority subject to the appeal provisions of this code and subject to the applicant signing the acceptance of conditions. The applicant shall have thirty (30) calendar days from the final decision to sign the acceptance of conditions. The applicant or aggrieved party may file an appeal of the action by the Director or the Planning Commission putting the action in suspense until the appeal is heard and acted upon. The action will not become final if the applicant fails to sign the acceptance of conditions within thirty (30) days of the decision by the review authority. No building permit shall be issued nor any use activity started until the acceptance of conditions is signed. Failure to sign the acceptance of conditions as specified shall be deemed a rejection of the conditions of approval, and voids the approval.
B. Plans/Amendments.
1. Council actions to adopt or amend a development agreement, this Development Code, a specific plan (adopted by ordinance), or the Zone Map shall become effective on the thirtieth day following the date the ordinance is actually adopted by the Council. For example, an ordinance adopted on October 1st will actually be effective on October 31st.
2. Council actions to adopt or amend the General Plan or a specific plan (adopted by resolution) shall become effective on the actual date the decision is rendered by the Council.
C. Issued on the effective date. Permits, certificates, and/or other approvals shall not be issued until the effective date; provided, that no appeal of the review authority’s decision has been filed, in compliance with Chapter 90 of this title (Appeals) and the acknowledgment and acceptance of conditions has been signed. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.82.040 Acknowledgment and acceptance of conditions.
A. Full understanding and acceptance. The applicant, upon the receipt of the approved copy of an administrative use permit, conditional use permit, minor deviation, planned development permit, sign review permit, site plan review, or variance with attached conditions, shall execute an acknowledgment and acceptance of conditions agreement with the City, certifying full understanding and acceptance of the final conditions of approval.
B. Signed and dated. The applicant shall return the acknowledgment and acceptance of conditions agreement to the Department, properly signed and dated, within thirty (30) calendar days.
C. Appeal. If the applicant wishes to appeal any or all of the final conditions of approval, the applicant shall file an appeal with the Department within fifteen (15) working days following receipt of the approved copy of the permit with attached conditions, in compliance with Chapter 90 of this title (Appeals). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.82.050 Copies to applicant.
The approved permit, with attached conditions, and a dated copy of the acknowledgment and acceptance of conditions agreement bearing the signature of the Director and the applicant shall be mailed to the applicant. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.82.060 Applications deemed approved.
A. Applicable provisions. A permit application deemed approved in compliance with State law (Government Code Section 65956(b)) 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 exercised or established, and shall be subject to compliance with the California Environmental Quality Act (CEQA).
B. Public hearing. The permit application shall be deemed approved only if the application received proper notice in compliance with Chapter 88 of this title (Public Hearings). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.82.070 Performance guarantees.
A. Faithful performance. A permit applicant may be required by conditions of approval, or by action of the Director, to provide adequate security to guarantee the faithful performance of any or all conditions of approval imposed by the review authority.
B. Amount of security. The Director shall be responsible for setting the amount of the required security, after consultation with the Building Official or the City Engineer. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.82.080 Expiration.
A. Expiration of permits or approvals for failure to exercise.
1. Permits and approvals for a specified time period shall expire in accordance with their terms.
2. Permits and approvals with no specified time period and not subject to the Subdivision Map Act shall expire if not exercised within twelve (12) months from the date of approval, unless an extension is approved by the applicable review authority in compliance with Section 9.82.090 (Time extensions).
3. Upon expiration, the permit or approval shall be deemed null and void and of no force or effect. Any vested rights associated with the permit or approval shall terminate.
4. The permit or approval shall not be deemed exercised until and unless the applicant has:
a. Obtained a building permit and continuous on-site construction activity including pouring of foundations, installation of utilities, or other similar substantial improvements has commenced; or
b. Obtained a grading permit and has completed a significant amount of on-site grading, as determined by the Director; and
c. Diligently continued the approved construction/grading activities; or
d. Actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval.
5. A lapse in building permits or discontinuance of construction/grading activity for a period of twelve (12) months shall be considered noncontinuous activity.
B. Expiration of permits or approvals for cessation of use.
1. Unless the permit or approval otherwise provides, permits and approvals shall expire upon cessation of use for a continuous period of three hundred sixty-five (365) days or for a use that occurs on less than sixty (60) calendar days in any rolling three hundred sixty-five (365) day period.
2. Upon expiration, the permit or approval shall be deemed null and void and of no force or effect. Any vested rights associated with the permit or approval shall terminate.
C. Phasing.
1. Where the permit or approval provides for development in two (2) or more phases or units in sequence, the permit or approval shall not be approved until the review authority has approved the final phasing plan for the entire project site. The project applicant shall not be allowed to develop one phase in compliance with the pre-existing base zoning district and then develop the remaining phases in compliance with this chapter, without prior review authority approval.
2. Pre-approved phases.
a. If a project is to be built in pre-approved phases, each subsequent phase shall have twelve (12) months 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 or approval, or the permit or approval shall expire and be deemed void, and any vested rights associated with the permit or approval shall terminate.
b. If the application for the permit or approval also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit or approval shall be exercised before the expiration of the companion tentative map.
D. Process for confirmation of expiration. The City shall utilize the following procedures for permits and approvals that have expired under this section:
1. Notify the applicant and property owner that the permit or approval has expired and that the applicant may request a hearing for the purposes of contesting whether the grounds for expiration have been met.
2. The time for requesting a hearing and the procedures for the conduct of the hearing shall be governed by Article 2 of Chapter 28 of Title 5, except that the hearing shall be held before the person or body which approved the permit or approval.
E. Effect of expiration. Where the permit or approval has expired the following shall apply:
1. No further reliance may be placed on the previously approved permit or approval;
2. The applicant shall have no rights previously granted under the permit or approval;
3. 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
4. Any security provided by the applicant under the previously approved permit or approval may be utilized by the City to provide suitable protection from any harm that may result from the terminated development. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.82.090 Time extensions.
Requests for a time extension for a permit or approval shall be filed and processed in the following manner:
A. Before expiration. The applicant’s written request for an extension of time shall be on file with the Department before expiration of the permit or approval, together with the filing fee required by the City’s Fee Schedule.
B. No hearing required. A public hearing shall not be required for the applicable review authority’s decision on an extension of time.
C. Suspension of expiration.
1. The filing of a written extension request shall stay the actual expiration of the permit until the extension request has been acted upon by the Director, Commission, and/or Council.
2. No building permit shall be issued in compliance with the permit during the period of the stay.
D. Director’s action on extension.
1. Upon good cause shown, an extension may be approved, approved with modifications, or disapproved by the Director, subject to the findings identified in subsection F of this section (Required findings).
2. The Director’s decision may be appealed to the Commission, in compliance with Chapter 90 of this title (Appeals).
3. The permit or approval may be extended for additional one hundred eighty (180) day periods, up to a maximum of twelve (12) months beyond the expiration date of the original approval, unless otherwise allowed by State law.
E. Commission’s and Council’s actions on extension.
1. Upon good cause shown, an extension may be approved, approved with modifications, or disapproved by recommendation of the Commission and action of the Council, subject to the findings identified in subsection F of this section (Required findings).
2. The permit or approval may be extended for additional twenty-four (24) month periods unless otherwise allowed by State law.
F. Required findings. An extension of the permit or approval may be granted only if the applicable review authority first finds that:
1. There have been no changes in circumstances or law which would preclude the review authority from making the findings upon which the original approval was based; and
2. Appropriate evidence has been provided by the applicant to document that the extension is required due to an unusual hardship that was not the result of personal action(s) undertaken by the applicant. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.82.100 Changes to an approved project.
A. Application.
1. A development or new land use allowed through an administrative use permit, conditional use permit, home occupation permit, minor deviation, planned development permit, sign review permit, Sign Program, site plan review, temporary use permit, or variance shall be in substantial compliance with the approved drawings and plans, and any conditions of approval imposed by the review authority, except where changes to the project are approved in compliance with this section.
2. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.
3. Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to the project (e.g., hours of operation, expansion of a use, etc.) as originally proposed by the applicant or approved by the review authority.
4. Changes shall be approved before implementation of the changes, and may be requested either before or after construction or establishment and operation of the approved use.
B. Notice and hearing. If the matter originally required a noticed public hearing, the review authority shall hold a public hearing, except for the minor changes outlined below (see subsection C of this section), and shall give notice, in compliance with Chapter 88 of this title (Public Hearings).
C. Minor changes. The Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use only if the changes:
1. Are consistent with all applicable provisions of this Development Code and the spirit and intent of the original approval; and
2. Do not involve a feature of the project that was:
a. A basis for findings in a negative declaration or environmental impact report for the project;
b. A basis for conditions of approval for the project; or
c. A specific consideration by the review authority (e.g., the Director, Commission, or Council) in granting the permit or approval.
D. Major changes. Major changes include changes to the project involving features specifically described in subsection (C)(2) of this section, and shall only be approved by the review authority through a new application or modification, processed in compliance with this Development Code. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.82.110 Resubmittals.
No person, including the original applicant, shall reapply for a similar application on the same parcel or structure within a period of twelve (12) months after the date of the final decision on the previous application, unless the decision is disapproved without prejudice.
A. Director’s determination. The Director shall determine whether the new application is for a discretionary permit or other approval which is the same or substantially similar to the previously approved or disapproved permit, approval, or amendment.
B. Appeal. The determination of the Director may be appealed to the Commission, in compliance with Chapter 90 of this title (Appeals). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.82.120 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 Sections 65870 et seq.).
1. Required provisions. A covenant of easement may be required to provide for emergency access, ingress and egress, landscaping, light and air access, open space, parking, reciprocal access, or for solar access.
2. Condition of approval. The covenant of easement may be imposed as a condition of approval by the applicable review authority.
B. Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Easement. An easement is usually for the benefit of one or more individuals, and it is actually an interest in land that belongs to someone else and creates an encumbrance on that land. It is created by grant of easement and accompanied by a legal description and plat of the easement.
Irrevocable offer of dedication. This is an actual offer of dedication for future right-of-way. The offer is recorded, but does not go into effect until the Council authorizes and accepts the right-of-way. The exhibits used are the same as for any other dedication, a legal description and a plat showing its location.
Partial reconveyance. If a landowner has a loan against the subject property, there is a first deed of trust on the property. The City requires that all property purchased from a property owner be free and clear of all encumbrances. This requires a release from the lender for that portion of the property the City is acquiring. This is called a partial reconveyance.
Reciprocal access easement. This is an agreement between parties owning adjacent properties. This allows all owners of property that have entered into this agreement the right to cross over or do work within or from the others’ property. This instrument is used for ingress and egress, parking, maintenance, sanitary sewer, water and storm drainage across, over, or under each property for the benefit of each party.
Right-of-entry. Gives the City the right to enter across, over, under, or upon the grantor’s property and is usually used to allow construction to proceed before right-of-way being acquired.
C. Form of covenant. The form of the covenant shall be approved by the City Attorney, and the covenant of easement shall:
1. Describe property. Describe the real property subject to the easement;
2. Describe property to be benefited. Describe the real property to be benefited by the easement;
3. Planning permit. Identify the City approval or planning permit granted which relied on or required the covenant; and
4. Purpose of easement. Identify the purpose(s) of the easement.
D. Recordation. The covenant of easement shall be recorded in the County Recorder’s Office.
E. Effect of covenant. From and after the time of its recordation, the covenant of easement shall:
1. Act as an easement. 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. Civil Code Section 1104 shall be applicable to the conveyance of the affected real property; and
2. Impart notice. 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.
F. Enforceability of covenant.
1. The covenant of easement shall be enforceable by the successors-in-interest to the real property benefited by the covenant and the City.
2. Nothing in this section creates standing in any person, other than the City, and any owner of the real property burdened or benefited by the covenant, to enforce or to challenge the covenant or any requested amendment or release.
G. Release of covenant. The release of the covenant of easement may be effected by the Director, or under an appeal, following a noticed public hearing in compliance with Chapter 88 of this title (Public Hearings).
1. May be released by City. The covenant of easement may be released by the City, at the request of any person, including the City or an affected property owner, on a finding that the covenant, on the subject property, is no longer necessary to achieve the land use goals of the City.
2. Recordation of notice. A notice of the release of the covenant of easement shall be recorded by the Director with the County Recorder’s Office.
H. Fees. The City shall impose fees to recover the City’s reasonable cost of processing a request for a release. Fees for the processing shall be established by the City’s Fee Schedule. (§ 2, Ord. 14-13, eff. October 8, 2014)